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HomeMy WebLinkAbout10/20/1998 TENTATIVE AGENDA CITY OF SHAKOPEE ADJ.REG. SESSION SHAKOPEE, MINNESOTA OCTOBER 20, 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] P Approval of Consent Business- (All items noted by an * are anticipated to e Cutin 1 to After a discussion by the Mayor, there will be an opportunity for members of tCity remove items from the consent agenda for individual discussion. Those items removed will be considered in their normal sequence on the agenda. Those items remaining on the consent agenda will otherwise not be individually discussed and will be enacted in one motion.) 5] Liaison Reports from Councilmembers 6] Mayor's Report A] Mayoral Proclamation- Shakopee Baseball Team 7] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 8] Recess for an Economic Development Authority Meeting 9] Re-convene *10] Approval of Minutes of July 28, August 13, August 20, and September 1, 1998 *11] Approve Bills in the Amount of$1,872,909.64 12] Communications: 13] Public Hearings 14] Recommendations from Boards and Commissions *A] Preliminary and Final Plat of Southbridge 2nd Addition, located north of Southbridge Parkway and adjacent to Windsor Drive -Res. No. 5001 TENTATIVE AGENDA October 20, 1998 Page -2- 14] Recommendations from Boards and Commissions continued *B] Final Plat of Southbridge 3rd Addition, located west of Southbridge Parkway-Res. No. 5002 *C] Preliminary and Final Plat of Bergs Hilltop Addition, located at the northeast corner of CR 78 and CR 79 -Res. No. 5003 D] Text Amendment to City Code Regarding Permitted Uses in the B-1 Zoning District - Ord. No. 525 *E] Text Amendment to City Code Regarding Similar Uses- Ord. No. 528 F] Text amendment to City Code Regarding Signs- Ord. No. 529 *G1 Rezoning North Half of Block 169, OSP, located south of Bluff Avenue between Fillmore and Main Streets, from B-1, Highway Business, to RIC, Old Shakopee Residential - Ord. No. 530 *1.1] Text Amendment to City Code Regarding Park Dedication- Ord. No. 531 15] General Business A] Police and Fire *1. Resignation of Officer Bryan Koch B] Parks and Recreation *1. Amendment to 1999 Parks Five Year Capital Improvement Program C] Community Development *1. Computer Training Services D] Public Works and Engineering *1. Declaring Cost to be Assessed and Sel:ting Date for Assessment Hearing for Vierling Drive, Taylor Street and Polk Street, 1997-1 -Res. No. 4996 *2. Declaring Cost to be Assessed and Setting Date for Assessment Hearing for Southbridge Parkway, Project Nos. 1997-4 and 1997-4A-Res. No. 5004 *3. Authorize Condemnation Proceedings for Vierling Drive from the West Plat Line of Orchard Park West PUD 1st Addition to Fuller Street-Res. No. 4960 *4. Parking Restrictions on 5th Avenue by the Scott County Jail *5. Water Management Committee Nominations 6. Budget Amendment for Concrete Sidewalk and Concrete Street Light Replacements TENTATIVE AGENDA October 20, 1998 Page -3- 15] General Business continued E] General Administration 1. Southbridge MnDOT Discussion/School Site 2. Pay Plan Revisions-Res. No. 5005 *3. Valley Green Sidewalk Escrow Interest *4. Southwest Metro Drug Task Force *5. Set Public Hearing for TIF Modifications for Districts 1, 3, 7 and 9 -Res. No. 5007 *6. 1998 Legislative Policies-Association of Metropolitan Municipalities 7. EverGreen Heights Purchase Agreement *8. Set Date for Sale of$2,375,000 General Obligation Improvement Bonds, 1998B - Res. No. 5006 16] Other Business 17] Recess for an executive session to discuss labor negotiations 18] Re-convene 19] Adjourn to Monday, October 26, at 4:30 p.m. TENTATIVE AGENDA ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE,MINNESOTA Regular Meeting October 10, 1998 1. Roll Call at 7:00 p.m. 2. Approval of the Agenda 3. Approval of Minutes: elis4-�w..1p 04e. 1 , 1998 4. Financial • A.)Approval of Bills 5. TIF Plan Modification(See City Council agenda item no. 15.E.S) A.)Resolution No. q$'7 5. Other Business: 6. Adjourn edagendadoc OFFICIAL PROCEEDINGS OF THE ECONOMIC DEVELOPMENT AUTHORITY SHAKOPEE, MINNESOTA REGULAR SESSION SEPTEMBER 1, 1998 Members Present: Amundson, Brekke, DuBois, Sweeney, and President Link Members Absent: None Staff Present: Mark McNeill, City Administrator; and R. Michael Leek, Community Development Director 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/DuBois moved to approve the agenda as presented. Motion carried unanimously. 3. Approval of Minutes None 4. Financial A. Approval of Bills DuBois/Brekke moved to approve bills in the amount of $1,947.50 for the EDA General Fund, $0 for the Blocks 3 & 4 Funds and $1,025 for Seagate. Motion carried unanimously. 5. 1999 Budget Referring to a summary of revenues for the EDA budget, Mark McNeill explained that the taxes were proposed at $108,701 after reductions for HACA. The main difference between the 1998 budget and the proposed 1999 budget is the County's share of the ADC local effort TIF of $190,000. Interest income is $22,000, revenue totals $326,100, the city's share of ADC payment is $95,000 for a total of$421,100 in revenue and transfers. There was no change in terms of the level of service for expenditures. The EDA Coordinator is primarily funded. The majority of the supplies and services will be the ADC payment of$285,000. There is also a discretionary$25,000 in contingency, which can be Official Proceedings of the September 1, 1998 Shakopee City Council Page -2- used to establish an Economic Development Revolving Loan Fund, if recommended in the future. The proposed budget with appropriations amounts to $430,970. This will spend down the EDA balance by $9,870. Mark McNeill said that the budget may be balanced by either increasing the amount of taxes levied, or by finding $9,870 to cut from the expenditures. A discussion ensued regarding the Rehab Grant Program. In response to a question as to whether or not the Downtown Revitalisation Committee spent $45,000 last year, Mark McNeill explained that the majority of those funds were expended with the Tom Thumb strip mall. He said that this would provide funding, should it be revitalized for 1999. Comm. Sweeney explained that there are two contingency items involved, and proposed to direct staff to make a budget adjustment to reflect this. A discussion ensued regarding the focus of the Committee and the grant funds. Comm. Brekke noted that the grant funds were available for Marschall Road, but that the committee is not looking at Marschall Road. Comm. DuBois explained that the theme of the committee is "Vision Shakopee" and not "vision downtown," and that the Committee is looking at all of downtown, including Marschall Road. Sweeney/Brekke moved to direct staff to reduce the $330,000 amount by $45,000, to reflect only the transfer of pay as you go taxes and increase the Contingency Fund to $60,000, and eliminate the deficiency of revenues over expenditures and transfers by reducing taxes by$130. Motion carried unanimously. 6. Other Business None. 7. Adjournment DuBois/Amundson moved to adjourn. Brekke/Amundson moved to amend the motion to adjourn to September 3, 1998. Motion carried unanimously. The meeting was adjourned at 7:33 p.m. Motion to adjourn carried unanimously. (AcLtJ. Oiith S. Cox, E. .A. Secretary sther Ten Eyck, Recording Secretary CITY OF SHAKOPEE Zfemorandum TO: President & Commissioners Mark H. McNeill, Executive Director FROM: Gregg Voxland, Finance Director SUBJ: EDA Bill List DATE: October 15, 1998 Introduction Attached is a listing of bills for the EDA, the Blocks 3&4 project and Seagate for the period 10/02/98 to 10/15/98 . Action Requested Move to approve bills in the amount of $407 . 28 for the EDA General Fund, $0 . 00 for the Blocks 3&4 Funds and $0 . 00 for Seagate . • E+ 0 0 0 0 0 0 0 0 0 0 11 H 0 0 0 0 0 0 O O O O II A . . . . . • . II W 0 0 0 0 0 0 O O O O II a U In N O ri O O a0 O 00 a0 I H O O ri O O N N N N 1 E..i . . . . . . . I H O1riNOOLn N 1, N N I CQ ri ri N M Ln N O O O O I W ri H d' d' d' d' 1 A E II W cn I co• in a H00000 CO rn aS W a0 O N Cl) C! O CO VD VD ch 0000 ('40 CII E \o LD to CO ri 0 0 0 0 01 0 E a 00 0 o N w UJ H x\ W a0cn 4. .1 oocnz H 4 .7\O IZ C4 WH O 'U E . 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OF SHAKOPEE Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: TIF Plan Modification DATE: October 14, 1998 Introduction and Background Attached for your information is the packet of documents prepared by counsel to be used to amended the TIF Plan and Budget for TIF districts 1, 3, 7 and 9 . This is to update the financial part of the plan based on 1997 and 1998 events and forecasts. The County and School District should receive their copy on October 16. Action Requested Move to set a public hearing on the modification of the Redevelopment Plan for the Minnesota River Valley Housing and Redevelopment Project No. 1 and Modification of the Tax Increment Financing Plans for TIF Districts Nos. 1, 3 , 7 and 9 to be held at 7 : 00 p.m. on November 17, 1998 . Gregg �.� V xland Finance Director OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REG. SESSION SHAKOPEE, MINNESOTA JULY 28, 1998 Mayor Brekke called the meeting to order at 4:30 p.m. with Councilmembers Deb Amundson, Cletus Link, Jane DuBois and Bob Sweeney present. Those absent: None. Also present was R. Michael Leek, Community Development Director. Link/Sweeney moved to approve the agenda. Motion carried unanimously. A memo from Gregg Voxland was distributed regarding renewal of property and liability insurance coverage from the League of Minnesota Cities. It was noted that the policies were basically the same as the current coverage but there were several enhancements benefiting the City such as replacement cost coverage for buildings and equipment, etc. It was also noted that Council must decide whether or not to waive the statutory tort limits. Staff recommended waiving the limits to be consistent with prior years and to provide more available coverage to single claimants. It was noted that the City's agent also recommended the waiver. Sweeney/Amundson moved to accept the property/liability insurance renewals from the League of Minnesota Cities Insurance Trust with a deposit premium of$206,531. Motion carried unanimously. Sweeney/DuBois moved to waive the statutory tort limits. Motion carried unanimously. A memo from Bruce Loney was distributed regarding a request for a curb cut due to new conduit installation on Spencer Street by Sixth Avenue. It was noted that the City adopted a policy in 1986 requiring Council's authorization for any street cut permit on streets having pavements five years old or less. It was further noted that Spencer Street is less than five years old. Sweeney/Amundson moved to authorize staff to execute the street cut permit for Shakopee Public Utilities on Spencer Street by Sixth Avenue. Motion carried unanimously. R. Michael Leek noted that George Bentley was available to address the concerns of the Dial-A- Ride services. He also distributed a memo received from Shakopee Services which had expressed an interest in providing similar services. It was noted that Shakopee Services was not prepared to offer a proposal at this time but requested to be notified when the current contract expires so that it could submit a bid. Mr. Bentley approached the podium and stated that he had met with Patty Dart who has the interim manager duties at Laidlaw. Mr. Bentley noted that Laidlaw had established a more precise system regarding complaints and distributed a form which would now be filled out for each complaint. He also noted that a third vehicle was being added during peak hours and that Laidlaw needed to find more drivers. The third vehicle should help with the number of denials for rides being received. Official Proceedings of the July 28, 1998 Shakopee City Council Page -2- Cncl. DuBois questioned whether there were or were not standing orders. Mr. Leek replied that there were no standing orders in effect for one or two day per week riders but there would be new orders taking effect. Ms. DuBois stated it was her understanding there were no standing orders in effect at this time. Cncl. Sweeney stated that he did not think that everyone at Laidlaw was on the same page which could be part of the problem. He further noted that the City has no way of monitoring complaints. Mr. Bentley noted that the institution of the new complaint form has worked well for other communities and hopefully will do the same for Shakopee. He also stated that the contract between the City and Laidlaw does not call for any specific number of rides during any specific time of day. Mr. Leek stated that the City does not own any buses at this time but will be purchasing three and will then lease the buses to the provider. Mr. Bently stated the City is not paying for any buses not on the road. A discussion was held regarding the invoices the City received and the fact that the invoices seem flip-flopped. Mr. Leek stated that he only reviews the charges and hours to make sure they are calculated properly. He further stated that the City will be getting copies of each complaint. Mayor Brekke questioned whether boundaries were a problem and Mr. Leek replied he was not aware of any problems. Mr. Bentley stated that he works for the city as a consultant and will work with Laidlaw to shape up the system. Mr. Leek stated that the Finance Department cannot handle the numerous reports needed for the Dial-A-Ride system so Mr. Bentley would be preparing reports. Mr. Bentley noted the City extended its agreement with Laidlaw for one year on January 1, 1998 and that 30 days' notice was needed to cancel any future services. It was noted that the new buses have not been ordered and take between 90-120 days to receive. Cncl. DuBois suggested a two-part service, i.e. one for students and one for others. She also questioned whether the lack of drivers was a salary issue. Mr. Bentley noted that the starting salary is $9 and that an increase to $10.15 is to become effective in October, 1998. He further stated that the salaries were in a ballpark area for similar drivers but were lower than MTC drivers. Mr. Bentley stated that Laidlaw does perform drug testing, criminal background checks and provides training. Mayor Brekke requested a written status report in 30 days. A recess was taken at 5:17 p.m. The meeting reconvened at 5:26 p.m. Official Proceedings of the July 28, 1998 Shakopee City Council Page -3- Michael Leek noted that there were six people interested in being on the Transit Commission but one more person was needed. Cncl. Sweeney questioned whether that person could be a council member. Mr. Leek noted that most of the people expressing an interest in being on the Commission either used the van pool or Dial-A-Ride. Deb Amundson volunteered to fill the last position on the Transit Commission. Cncl. Link suggested ordering the buses and in the interim, enter into a contract with Shakopee Services. Michael Leek noted that Shakopee Services was not as interested in providing child only service because of the problems. He also noted that another option is the fact that Laidlaw is also a school bus company. Cncl. Sweeney suggested that Shakopee Services be advised that the Council may contract for full Dial-A-Ride services in the future. Mayor Brekke suggested a letter of intent as an incentive to Shakopee Services so that when the new buses arrive, the City will be able to go forward. Mayor Brekke stated he would like this issue to be a major priority so something can be decided by September 1st. He noted that the City has talked with Chaska who has a similar program and various schools in Shakopee. Mr. Leek offered to make appropriate contacts to see if proposals could be obtained. Cncl. Sweeney stated that he did not see how the City could go with anyone else except a local person to provide services. Cncl. DuBois suggested advertising for private companies, however, Mr. Leek replied he was not sure there was time. Mr. Leek offered to work full-speed with Shakopee Services to have a program up and running by September 1st. Cncl. DuBois stated that it would be difficult to get a program up and running by that time and suggested going with Laidlaw until a program could be put in place. Mr. Link suggested a meeting between Shakopee Services and the Council. Cncl. Sweeney noted that such a meeting should take place between staff and Shakopee Services. Cncl. Amundson questioned whether the new buses were equipped for dual purposes and Mr. Leek stated he would check into that matter. A discussion was held regarding tree replacement due to the storm damage. It was noted that this should be an agenda item for the next Council meeting. Cncl. DuBois questioned whether there may be funds from FEMA available for tree replacement. DuBois/Sweeney moved to adjourn. Motion carried unanimously. Meeting adjourned at 5:55 p.m. Respectfully submitted, 0. 6), h S. Cox, City Clerk Janet Vogel Freeman, Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REG. SESSION SHAKOPEE, MINNESOTA AUGUST 13, 1998 Mayor Brekke called the meeting to order at 5:00 p.m. with Councilmembers Deb Amundson, Cletus Link, Jane DuBois and Bob Sweeney present. Those absent: None. Also present were Mark McNeill, City Administrator; Judith S. Cox, City Clerk; Gregg Voxland, Finance Director; Mark McQuillan, Park&Recreation Director; Greg Sticha, Accountant; Terry Link, Fire Chief; and Mary Athmann, Fireman. Those present from Jacksonville Township: Rose Menke, Norb Theis, Worm Those present from Louisville Township: Marion Schmidt, Jim Theis and John Weckman. Mayor Brekke turned the meeting over to Mark McNeill for an overview. Mr. McNeill stated that the meeting was scheduled on an annual basis to discuss the Fire Department and Park& Recreation budgets with the townships before the budgets are certified. Terry Link, Fire Chief addressed the group. Chief Link noted that there was a 3.4% increase in the Fire Department budget over last year. Chief Link stated that he was recommending an additional three firefighters in the next year because there may be a few retirements and it is hard for some of the volunteers to get off work. Chief Link noted that the fire trucks are not purchased, rather they are rented. He noted the addition of one new truck. Cncl. Sweeney stated that the budget needs to include depreciation but that the townships would not be responsible for the depreciation. Regarding the township billings, Gregg Voxland noted the billings are in two parts, i.e. one part is standby fees and the other is for fuel and firefighter costs. Mr. Voxland noted that Jacksonville pays in one lump sum while Louisville pays per call. Norb Theis suggested that it would be better if the City could break out individually because it is hard to differentiate between Louisville and Jacksonville. Cncl. Sweeney suggested that the townships and City Council meet twice per year rather than once. Chief Link highlighted the proposed future purchases. He also stated that the percentages may change for the standby fees when new figures arrive in January. Mark McQuillan spoke regarding the Recreation Fund budget. He noted increases in utilities, staffing and the repairing of the pool filtration system. He also noted there was a problem with finding help at the community center especially in the ice arena and maintenance. He recommended a full-time maintenance position. Regarding the pool, Mr. McQuillan noted that the Park& Recreation Department had basically been band-aiding the problems the past three years and that the filtration system needs to be repaired. Mr. McQuillan had just received estimates for the repair and they ranged from $118,000-$180,000. Mr. McQuillan stated that the cost to build a new same-size pool would be $5-10 million. He further noted that the ideal time to begin the repairs would be the fall when the pool is shut down but a budget amendment would be needed to start the repairs. Mr. McQuillan stated that the recreation supervisor position was working out well. He also stated that the lifeguard positions were hard to fill because of the competition with such businesses as Valleyfair. Oficial Proceedings of the August 13, 1998 Shakopee City Council Page -2- Cncl. Sweeney questioned the salary difference in full time salaries between 1997-1998 and 1998- 1999 and stated that 1999 did not seem high enough if a new maintenance position was going to be added. Mr. McQuillan stated he would check into this. Mr. McQuillan noted that some of the activities do not make money, especially the youth programs. He noted there are a lot of requests for youth programs. Cncl. Sweeney noted that depreciation was included in the Recreation Fund Operating Statement. It was noted that the estimated salary for the maintenance position would be $22,000-$28,000. Mr. McQuillan's August 12, 1998 memo regarding Township Recreation Contributions was discussed. Mr. McQuillan noted there was a problem with administering the existing agreement in that some of the volunteers registering people for programs do not realize when a person is a Louisville Township resident which requires an additional $11 fee. It was suggested that the volunteers tell Louisville residents that Louisville Township does not participate with the activities program and have the person pay the additional $11 themselves. It was also suggested that the volunteers have a map handy so they could tell which residents are in Louisville Township. Cncl. Sweeney noted that the three communities are a single economic entity and need to work together. Mr. McQuillan stated he could talk with the staff to see if there are any alternatives, however, Cncl. Sweeney replied that the alternatives would have been needed for this meeting and perhaps something can be done next year. Cncl. DuBois questioned why Louisville Township is different than Jacksonville and it was stated that Louisville contributes on a 50/50 basis for both adults and children and Jacksonville subsidizes children fully with no adult subsidy. It was decided to leave the agreement as is. Louisville Township board members noted they may try to get a different proposal to the Council before the budget is certified. Jackson Township board members noted they needed assistance with their comprehensive plan and asked to see the City's plan. Mark McNeill offered his assistance and stated he would set up a meeting to review the matter. A short discussion was held regarding the proposed Amphitheater in Scott County and its possible problems. Sweeney/Amundson moved to approve the transfer of Jeanette Shaner to the position of secretary in the City Clerk's office starting at Step 8, Grade H of the Non-Union 1998 Pay Plan effective August 13, 1998. Cncl. Link questioned what happened to the secretary position for Judy Cox and Mr. McNeill noted that the position was in community development that it is not funded due to other expenses. Cncl. Link noted his concern regarding transferring Ms. Shaner out of the Building Department when she is so knowledgeable regarding building codes, etc. Mark McNeill stated that it was Ms. Shaner's choice to apply for the position and was not due to any workload problems. Cncl. DuBois noted that it was important to have people make their own choices regarding their jobs and the transfer would be less negative than Ms. Shaner leaving the City altogether. Cncl. Link Official Proceedings of the August 13, 1998 Shakopee City Council Page -3- stated he would be voting against the motion because he felt Ms. Shaner was more valuable in the Building Department. Motion carried 4-1 with Cncl. Link dissenting. Sweeney/DuBois moved to authorize the appropriate City staff to post the opening for a Building Department secretary noting the Council's concern that a person with some experience is needed. Motion carried unanimously. Sweeney/Amundson moved to adjourn to Tuesday, August 18, 1998, at 7:00 p.m.. Motion carried unanimously. Meeting adjourned at 7:06 p.m. Respectfully submitted, kal. . 61 tth S. Cox 'ity Clerk Janet Vogel Freeman Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REG. SESSION SHAKOPEE, MINNESOTA AUGUST 20, 1998 Mayor Brekke called the meeting to order at 4:00 p.m. with Councilmembers Deb Amundson, Jane DuBois and Bob Sweeney present. Cletus Link arrived at 4:25 p.m. Also present were Mark McNeill, City Administrator; Judith S. Cox, City Clerk;R. Michael Leek, Community Development Director; Bruce Loney, Public Works Director; Gregg Voxland, Finance Director: Greg Sticha, Accountant;Dan Hughes, Police Chief; and Dave Judd and Mary Athmann, Firemen. Mayor Brekke turned the meeting over to Mark McNeill who noted the Fire Department would begin the meeting. Mr. McNeill noted that Fire Department added a half-time fire marshall position. Dave Judd approached the podium. He noted that the Fire Department is in need of a person to fill a fire code and life safety enforcement position. Mr. Judd noted that in the past, this position has usually been a volunteer appointed by the fire chief or the fire chief would take care of many of the requests received. With the City's development, however, the Department has been running into a problem which has gone beyond the volunteer level and needs a part-time person to handle the job. Mark McNeill noted that the memo included in the agenda packet stated the position was to be full-time but it is a part-time position. The salary would be approximately $1,400 per month plus benefits and would cover the City only. Cncl. Sweeney stated that he was not convinced that a part-time position was wise and preferred a full-time position with the City charging a fee for the service. Cncl. DuBois stated she was not sure if the City needed to charge for services. Cncl. Sweeney noted he was thinking in terms of industry, not residential. Mr. McNeill noted that many of the entities needing fire code inspections are not happy with the code requirements to begin with and if they were to be charged, it could present problems to the City. Cncl. Sweeney noted that if flaws are found, clearing up the problem may result in substantial insurance deductions. Mr. Judd passed out a handout regarding prospective duties of a fire marshall. Mayor Brekke stated it was the consensus of the Council for a full-time position with perhaps some fees involved and directed Staff to research the matter and return to the Council with some recommendations. Cncl. Sweeney noted that this position should be included in the City Administration budget rather than the Fire Department budget. Cncl. DuBois suggested looking at other cities who provide fire service to townships to see how they fill this position. Mr. Judd stated that the Fire Department does not want to deal with having a full-time employee. Cncl. Sweeney questioned the need for two sets of protective clothing and Mr. Judd replied that many of the volunteers work in the industrial park but live in downtown so it is easier for them to get to a certain station depending on the time of the call. Mr. Judd did not see the need for three or four sets of clothing for each volunteer at this time. He further stated the cost of each set is $800-$900. Official Proceedings of the August 20, 1998 Shakopee City Council Page -2- Councilor Link entered the meeting at 4:25 p.m. Michael Leek approached the podium regarding the Community Development budget. He noted that several programs fall under Community Development. Mr. Leek stated that there were proposed increased for MIS and Planning regarding GIS. He further noted that $100,000 was included to deal with the year 2000 problem regarding the computers. Mayor Brekke noted that the year 2000 item was designed to be in the contingency budget. Cncl. DuBois questioned whether MIS items could be allocated to all departments to which Mayor Brekke stated that since Mr. Leek is the main contact person regarding this, it was logical to have them in the Community Development budget. Mr. Leek stated that the budget took into account replacing 6-8 PC's per year and coordinated software. Computers will be replaced with 233 mg. Cncl. Sweeney stated that he saw advertisements in the newspaper selling computers for approximately$2,000 and questioned why 6-8 new computers would cost $46,000. Mr. Leek replied that he was allowing approximately $2,000 per unit and the rest of the proposed monies were for upgrades to the server. Mayor Brekke questioned whether all new computers would solve the hodgepodge of problems now experienced and Mr. Leek replied that the software problems would be solved, however, the computers themselves would be on a four-year phaseout plan. Cncl. Sweeney noted his concern that the City could be hit with a big budget each year if it wanted to stay totally up-to- date. Mayor Brekke stated the goal would be to have everyone working on the same system, not necessarily to be at the leading edge of technology. Cncl. Amundson stated it would be wise to have a symptomatic approach. Cncl. DuBois questioned whether there was a computer advisor or company who could offer advice as to what is needed. Mr. Leek noted that the City shares an MIS coordinator with Savage and Prior Lake. Cncl. Sweeney requested a five-year budget be prepared regarding the computers. Mr. Leek further noted that the budget included funding for a clerk typist position which would be a shared position between Inspections and the City Clerk's office. He noted the funding was in the unallocated contingency portion of the budget. Mr. Leek also proposed a permit tracking system. Cncl. Sweeney noted large increases in each department. Mark McNeill noted that this was a first run-through where the Council could see everything and then prioritize. Cncl. Link stated that some department should be self-supporting. Cncl. DuBois questioned whether Community Development would be able to get by with the operating supplies and professional services listed in the budget and Mr. Leek replied that it probably would. Bruce Loney approached the podium regarding the Engineering and Public Works budgets. Mr. Loney noted that the Engineering budget stayed pretty much the same. He further stated that an engineering tech position had previously been added. Cncl. Sweeney questioned why Mr. Loney had a separate budget for computers in his department and opined that all computer issues should be handled in one budget. Mark McNeill stated that the Engineering Department has such an Official Proceedings of the August 20, 1998 Shakopee City Council Page -3- intensive use that putting that department's computers into another budget could take up the entire computer budget. Cncl. Sweeney suggested one budget that could be divided up by department. Mr. Loney stated that there was one unknown with the Engineering Department which was how busy they will be. Regarding the Public Works budget, Mr. Loney stated that they had to increase the payscale to attract seasonal employees, however, the rest of the budget remained relatively the same except for increases in costs. Mr. Loney also noted that additional signals will be needed. Cncl. Sweeney noted there was no allocation for tree replacement from storm damage and the City needs a plan for what and where to plant. Mr. Loney stated that he will look into this problem and report back to the Council. Cncl. DuBois stated she agreed with Cncl. Sweeney that a plan is needed. Cncl. Link questioned whether there is federal aide available for this. Mr. McNeill replied that FEMA does not provide for tree loss, however, the Minnesota League of Cities may be looking at some type of program, and he offered to look into that option. Mr. Loney noted that someone was already preparing a map where trees were lost. Cncl. DuBois suggested putting a notice in the next City bulletin regarding a tree replacement plan. Mr. Loney noted that a high school student had been working in the shop and this was very helpful to his department. Regarding park maintenance, Mr. Loney noted that an additional maintenance worker is needed. He further noted an increase in building maintenance for better upkeep. Cncl. DuBois noted that the Hiawatha building needs work in addition to possible resurfacing of the tennis courts at Stans Park and replacement of playground equipment. Cncl. DuBois questioned whether there is a specific person who monitors repairs and Mr. Loney replied no. Mayor Brekke stated it was the consensus of the Council to hold off resurfacing the tennis courts but to review the CIP for compliance. Chief Dan Hughes approached the podium regarding the Police Department budget. He noted a need for an additional police officer for the task force which involves drug investigations and arrests. Chief Hughes stated that Shakopee last had an officer on the task force in 1994. He also noted that two community service officers were needed of which 75% of their salary could be paid by a federal grant. Chief Hughes stated these officers could also perform code enforcement. Chief Hughes noted there are currently 22 officer positions with three vacancies. There was a discussion when the Clinton cop funding ran out. Cncl. Sweeney noted that the Council had to be careful not to hire people that the City would not want to keep after funding ran out. Cncl. Link stated that there is a drug problem in Shakopee which needs to gotten under control. Mayor Brekke noted that community service officers would be important. As far as supplies go, Chief Hughes noted that additional rifles, radar detectors and holsters were needed and the costs noted in the budget may be higher than actually needed because the Police Department may be receiving a grant to purchase $10,000 worth of equipment with a$1,200 match. Chief Hughes stated this could be done over a three-year period. Official Proceedings of the August 20, 1998 Shakopee City Council Page -4- Cncl. DuBois questioned whether a juvenile officer was needed to which Chief Hughes replied that there currently is a juvenile officer but the officer would like more involvement. Cncl. Sweeney noted that the City did specifically budget for a full-time juvenile officer. Cncl. DuBois suggested reviewing the minutes for the motion. Regarding professional services, Chief Hughes stated that he had included $7,000 for a computer because the Police Department wanted to transition to a central record system. Cncl. DuBois voiced her agreement with this. Regarding the $224,800 unallocated amount, Chief Hughes stated that the Police Department had applied for a grant for computer upgrades, support staff and a new computer system for which the Department would have to match $57,000. Chief Hughes also noted that the Police Department will be very young due to recent retirements. He also thanked the Council for the recent promotion of two sergeants. A discussion was held regarding the unallocated budget. Mark McNeill stated that he hoped to have a levy impact statement and pay plan next week. Mr. McNeill stated that the pay plan was low in some areas. Cncl. Sweeney stated he would like to see the pay plan problem cleaned up. Gregg Voxland stated the county auditors fees increased. Cncl. Sweeney stated that the City will spend more money going outside than with the county. A discussion was held regarding the City bulletin. The cost was $28,000. It was suggested that every other month or quarterly would be sufficient and that it be delivered with the Mint. Regarding the Administration budget, Mark McNeill noted that it was the same as last year. Mr. McNeill stated that a six month assistant position was budgeted, however, he did not see the need at this time. Mr. McNeill noted that $2,000 was added for general department training. A discussion was held regarding $40,000 for electronic imaging. Mayor Brekke suggested that it be evaluated in 1999 and that a cost benefit analysis be done and then look at including it in the 2000 budget if it shows to be effective. Cncl.Sweeney suggested increasing the city clerk training budget since the city clerk would most likely be the one involved in electronic imaging. DuBois/Amundson moved to adjourn to August 27, 1998, at 4:00 p.m. Motion carried unanimously. Meeting adjourned at 6:47 p.m. Respectfully submitted, • ., el .1,.) . C\F ith S. Cox, City Clerk Janet Vogel Freeman, Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL REGULAR SESSION SHAKOPEE,MINNESOTA SEPTEMBER 1, 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; and Jim Thomson, City Attorney. The Pledge of Allegiance was recited. The following items were added to the agenda: 15.D.2. Tennis Courts at Stan's Park. Amundson/Link moved to approve the agenda as modified. Motion carried unanimously. The following items were added to the Consent Agenda: 14.D. Text Amendment Regarding Non-conforming Lots, 15.B.5. Suspension of Hourly Restrictions on Construction Activities for Southbridge Requested by Braun Turf Farms, and 15.E.5. New Police Sergeants' Compensation. The following items were removed from the Consent Agenda: 15.A.2. Kieffer & Company Appeal of Board of Adjustment and Appeals Determination to Deny a Sign Variance for Cub Foods, and 15.E.2. Water Management Committee Nominations. Sweeney/DuBois moved to approve the Consent Agenda as modified. Motion carried unanimously. Liaison reports were given by Councilmembers. Mayor Brekke gave the Mayor's report. He also acknowledged the recent passing of Mel Lebens, former City Recorder. Mayor Brekke asked if there were any interested citizens present in the audience who wished to address the City Council on any item not on the agenda. There was no response. A recess was taken at 7:14 p.m. for the purpose of conducting the Economic Development Authority meeting. The meeting re-convened at 7:33 p.m. Sweeney/DuBois moved to approve the minutes of July 7, 1998. (Motion carried under the Consent Agenda.) Sweeney/DuBois moved to approve bills in the amount of$495,751.94. (Motion carried under the Consent Agenda.) Official Proceedings of the September 1, 1998 Shakopee City Council Page -2- Sweeney/DuBois offered Resolution No. 4980, A Resolution of the City of Shakopee, Minnesota, Approving the Final Plat of Prairie Estates 4th Addition, and moved its adoption. (Motion carried under the Consent Agenda.) Shakopee Crossings Limited Partnership is requesting approval for the design of the townhome portion of the PUD, as well as approval of signage size and location for the PUD area. Michael Leek explained that the amendment deals with the layout for the townhouse project, and signage for the project, specifically the main sign for Southbridge and the neighborhood signs. The original staff recommendation was that private driveways in excess of 150 feet as measured from a public street, have turn-a-rounds. The fire department also recommended that the private driveways also have turn-a-rounds for safety purposes. The Planning Commission recommended approval, based on the recommendation that the private streets have turn-a-rounds. Steve Soltau, Shakopee Crossings, approached the podium and reported that Ryland Homes is a perspective buyer for the project He said that there has been some discussion as to what a private street or driveway is, where turn-a-rounds are required, as well as clarification of the requirements by the Fire Department. As a result of discussions with the Fire Department, Mr. Soltau said that the criteria of 200 feet on a private driveway, from the curb to the end of the driveway of the last unit, was determined to be an acceptable spacing before a hammerhead or a turn-a-round would be required. If the distance of the turn-a-round is exceeded, a turnaround 15 feet wide and 120 feet long was recommended. A second emergency access at some time in the future was also a concern of the Fire Department. Mr. Soltau said that by the time that there are 100 homes there would be a second access point. In discussions with Ryland, after meeting with the Fire Department and Julie Klima, Planner II, Steve Soltau stated that Ryland is comfortable with either connecting streets, or discontinuing and having some type of break away, to allow emergency access. A discussion ensued regarding traffic congestion, parking issues, and snow and emergency issues. Steve Soltau explained that the private streets will be maintained by the Association, and that the street width as well as the private driveways are 28 feet wide. He said that it is very clear that the Association will be responsible for snow plowing and clearing if necessary. Terry Link, Fire Chief, approached the podium and said there would be no parking at the end of the street which would provide enough depth. He said the 200 foot length was agreed to because there are no turns, and that the a break away fence to slow traffic or to keep it private would be acceptable. Steve Soltau said that all the changes could be addressed in the conditions. In reference to the sign issue, Michael Leek stated that the original request for neighborhood or village signs was for 15 square feet on one side or 30 square feet on both sides. He said the Official Proceedings of the September 1, 1998 Shakopee City Council Page -3- Planning Commission recommended a total of 24 square feet to be allocated between sides by the developer. Referring to Exhibit B, he said that the neighborhood monument signs have hanging sign faces. He said the intention is to have continuity in all of the signs. The Planning Commission's recommendation was that there be one large monument sign located to the east. Once access becomes available from County Road 21, it would be permanently relocated to the south location. Sweeney/Amundson moved to table discussion of the East Dean Lake Planned Unit Development (PUD) Amendment. Motion carried unanimously. Michael Leek reported that Mr. & Mrs. Robert Bergs are requesting an amendment to Beckrich Park Estates Planned Unit Development (PUD) in order to sub-divide their 4.37 acre lot into 3 separate single family lots. The Planning Commission recommended approval with conditions set forth in Resolution No. 4977. Michael Leek explained that this amendment request bypasses the 1 lot per 10 acre requirement because this lot is within an existing PUD, with lots ranging from 1.04 to 2 acres. Robert Bergs, 1043 Madison St., approached the podium and explained that he originally owned approximately 10 acres of the property that became the Hillwood Estates development. He said that Richard Dahlke was the original applicant and that a land swap involving a portion of an already developed lot in Hillwood Estates occurred. He said that he retained the front portion, which he is now proposing to divide. Michael Leek explained that the issue is that the Association would like two, rather than three lots and that those two sites lie within the Association and pay full dues. A second issue is that there is a community water system which is said to be at full capacity and would not be able to serve the two sites. Therefore, Mr. Berg is not interested in paying full dues to the Association for water service he was not able to access. Cncl. Sweeney explained the intent of the community water system was to minimize the cost of the property owners in connecting because the system could be fed from the municipal water system and would not require an installation of services to each property. He said that these three properties, with individual wells, would have substantial costs when the time comes to connect to City water because they are not part of the community water system in Beckrich Park Estates. Robert Bergs stated that Hillwood Estates would also have substantial connection costs. Cncl. Sweeney noted that they are not part of Beckrich Estates. Link/DuBois offered Resolution No. 4977, A Resolution of the City of Shakopee, Minnesota, Approving an Amendment to the Beckrich Estates Planned Unit Development, and moved its adoption. Motion carried unanimously. Official Proceedings of the September 1, 1998 Shakopee City Council Page -4- Sweeney/DuBois offered Ordinance No. 526, Fourth Series, An Ordinance of the City of Shakopee, Minnesota, Amending Chapter II, Zoning, Section 11.91 (Nonconformity's), and moved its adoption. (Motion carried under the Consent Agenda.) Sweeney/Amundson offered Resolution No. 4973, A Resolution Granting A Conditional Use Permit for Utility Service Structures and Over Height Fence Located in the Highway Business (B- 1) Zone, upholding the CUP for Shakopee Public Utilities as approved by the Board of Adjustments and Appeals, and moved its adoption. In response to a question as to whether or not Shakopee Public Utilities has considered another location that would appease everyone, Lou VanHout stated that he did not believe a site could be found that would appease everyone. He said the Utilities Commission has not met since the Lusignan's appeal came before the City Council on August 18. Cncl.Sweeney noted that EMF (electromagnetic fields) have existed for 40 years and that there is 200' between the house and the substation, there is zero impact on the house at this site. Motion carried with Cncl. Link opposed. Sweeney/Amundson moved to amend the resolution number on agenda item 15.A.2, changing the resolution number to 4974. Motion carried unanimously. DuBois/Link offered Resolution No. 4974, A Resolution of the City of Shakopee, Minnesota, Approving the Appeal of Kieffer & Company, Inc. of the Board of Adjustments and Appeals (BOAA) Denial of Requested Variances, and Approving the Following Variances: 1) A 474 Square Foot Variance to the 200 Square Foot Maximum to Permit 674 Square Feet of Sign Area on the Front/East Side of the Proposed Cub Building, 2) A 90 Square Foot Variance to the 100 Square Foot Maximum To Allow 190 Square Feet of Sign Message on the North Side of the Proposed Cub Building,. and moved its adoption. Motion carried 3-2 with Cncl. Sweeney and Brekke opposed. Michael Leek reported that staff contacted the Minnesota Pollution Control Agency (MPCA), which provided a copy of the February 5, 1997, report of the Livestock Odor Task Force. This report deals mainly with feedlots, and may not be directly applicable to one of the apparent problems of transporting manure for use as fertilizer on farm fields. He said that this is a difficult issue to control. He also followed up with Scott County to see what approach, if any, they have taken. He said that Scott County has not adopted a feedlot ordinance, and also do not regulate or control specific practices to help minimize odor. Official Proceedings of the September 1, 1998 Shakopee City Council Page -5- Michael Leek explained that a number of townships have passed legislation that requires those wishing to build a home in the township to sign a statement expressing their understanding that they are building in an agriculture odor area. One option might be to try to work with Scott County and the MPCA to identify an appropriate odor control program. Another option is to see if land use separation, as proposed, is appropriate in areas of the City. There is additional information from the MPCA, and this item could be tabled to review the information. A discussion ensued regarding odors and how to address the issue. Mark McNeill recommended making the property owner aware of the potential for problems. No action was taken relating to agricultural odors from manure being transported in the City. Agenda Item 15.E.4. St. Francis Regional Medical Center $12,100,000 Revenue Notes, was taken out of the regular order on the agenda. Mark McNeill reported that the Council is asked to take action to authorize the sale of tax exempt hospital improvement bonds for Allina Health Systems. The Council is being asked to approve the key terms of the note, which will include a maximum principal amount of$12.1 million, and a maximum interest rate (which shall be variable, and not to exceed 15% per year, or 22% if the interest becomes subject to income tax). Approval for maturity of the bonds, which shall not be later than July 1, 2028, is also requested. They have agreed to reimburse any costs incurred by the City related to the sale. Sweeney/Amundson offered Resolution No. 4981, A Resolution Providing for the Issuance and Sale of Up To $12,100,000 Adjustable Demand Revenue Notes, Series 1998 (St. Francis Regional Medical Center) and Authorizing Execution and Delivery of the Notes, A Loan and Note Purchase Agreement, and Assignment, and moved its adoption. Motion carried unanimously. Agenda Item 15.B.2. Authorize Eminent Domain Proceedings for Vierling Drive from the West Plat Line of Orchard Park West P.U.D. 1st Addition to Fuller Street, was taken out of the regular order on the agenda. Bruce Loney reported that staff has been negotiating with Mr. & Mrs. Pieper regarding easements needed to build Vierling Drive. However, he said that in order to complete the project by next year, staff feels that eminent domain proceedings should begin. The plans are nearly complete, however, condemnation can take up to six months or more. Staff would like to begin the process now in case easement acquisitions cannot be negotiated. Bruce Loney explained that a gasmain, a shed, and trees are involved. The gasmain needs to be relocated, and once this is done it will be closer to the shed. The proposed trail will be approximately 3 feet from the shed, and there may be additional work required to stabilize the slope next to the shed. The extra work may include a temporary retaining wall, which would be Official Proceedings of the September 1, 1998 Shakopee City Council Page -6- removed once the property is developed and the shed is removed. Some trees will also need to be removed from within the temporary easement area. Bruce Loney reported that staff has made an offer to the Pieper's , based upon the selling price of the neighboring property. The assessments would be spread over ten years, and are estimated to be between $7,500 and $8,000 per year, beginning in 2000. No response has been received from the Pieper's at this time. A discussion ensued regarding the use of taxpayer's money to move forward with Eminent Domain proceedings. Bruce Loney explained that the costs will be passed on to the benefiting property owners. Robert Pieper, 1410 Fuller Street, approached the podium and discussed the temporary easement at approximately 12 feet. He said he did not have any reason not to have Vierling Drive go through. He said that he received the written proposal about six weeks ago as well as a number of things to take under consideration. He said that six weeks has not been sufficient time for him to contact all the people he needs to speak to. He said he was looking at options in which he might retain his trees. He said he would need approximately two weeks to develop a counter proposal. Referring to the proposed assessment for Vierling Drive, segment two, he said that there were no costs relating to the relocation of the gasmain. Bruce Loney explained that the costs would be borne by Minnegasco, who also has an existing easement from Mr. Pieper with conditions attached. Sweeney/Amundson moved to table discussion of the Easement Acquisition for Vierling Drive, from the West Plat Line of Orchard Park West to Fuller Street, until staff brings this back to the Council. Motion carried unanimously. A recess was taken at 9:08 p.m. The meeting re-convened at 9:20 p.m. Michael Leek reported that staff has researched safety issues relating to the ponds in the Crossroads Center and Weston Ponds developments. He said that Pete Willenbring of WSB has indicated that WSB has a"no fencing" philosophy. Officer Lipinski, who reviews projects for the Police Department, has expressed the opinion that each case should be evaluated on its own merits. It is also her opinion that where there is a significant, foreseeable risk ponds may need to be fenced. Michael Leek explained that the LMCIT prepared a report relating to potential liabilities in and around ponds. This report reviews both Minnesota and foreign jurisdiction case law. Cost and maintenance issues have also been discussed. He said that since 1996, a number of final plats have been approved. The estimated cost of providing fencing on the ponds is $1.9 million. All or Official Proceedings of the September 1, 1998 Shakopee City Council Page -7- most of these have at least one, if not more, ponds. In many cases the ponds are located on private property. In those cases the City takes a drainage and utility easement so that it can gain access to maintain ponds if needed. He reported that the developer of Weston Ponds and the property owner have addressed this, and the developer has agreed to construct a fence along one side of the pond and the property owner will fence the remainder of their property. Information was gathered from Eagan, Plymouth, Savage, and Woodbury regarding ponds and fencing. Savage does not require fencing. Eagan has formal policy for dangerous thin ice conditions, but does not require fencing. Plymouth does have fencing on some ponds, and Woodbury has a"need standard" for evaluating whether or not to fence ponds. A discussion ensued regarding the development of a needs standard and the developer's responsibility. Amundson/Sweeney moved to direct staff to research and come back with some alternatives for a needs standard relating to ponds and fencing. Motion carried unanimously. Sweeney/DuBois offered Resolution No. 4983, Resolution of the City of Shakopee, Minnesota, Approving the Final Plat of Longmeadow, and move its adoption. (Motion carried under the Consent Agenda.) Sweeney/DuBois moved to authorize the reimbursement payment of$43,181.82 to Independent School District #720 for 17th Avenue right-of-way purchase. (Motion carried under the Consent Agenda.) Bruce Loney reported that the low bid for the 17th Avenue improvements, from Sarazin Street to 1/2 Mile East, Project No. 1998-5, was from Chard Tiling and Excavating, Inc. with a bid of $669,824.58. This was lower than the Engineer's opinion of cost of$730,000. The total cost for this project in the feasibility report was $920,355 including a 10 % contingency and 25% indirect costs for engineering and administration. This project will be paid by a combination of assessments to the benefiting properties, State Aid Funds for street oversizing and trunk storm drainage funds. DuBois/Link offered Resolution No. 4975, A Resolution Accepting Bids on 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 unanimously. Amundson/DuBois 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 the 1998-5 Project. Motion carried unanimously. Official Proceedings of the September 1, 1998 Shakopee City Council Page -8- DuBois/Sweeney moved to authorize a 5% contingency amount for use by the City Engineer in authorizing change order or quantity adjustments on the 1998-5 Project. Motion carried unanimously. Sweeney/DuBois moved to approve the payment of$7,455.16 to Engine Hauer and $3,096.62 to Gregory and Gary Kerkow for easements on 17th Avenue, from Sarazin Street to 1/2 mile east, Project No. 1998-5. (Motion carried under the Consent Agenda.) Sweeney/DuBois moved to approve the suspension of City Code Sec. 10.60, Noise Elimination and Noise Prevention, Subd. 3, Hourly Restrictions on Certain Operations, D, as requested by Braun Turf Farms, to begin at 7:00 a.m. on Saturdays through November 7, 1998, and direct staff to publish notice of the suspension terms, with the conditions: 1) noise exposure near residential areas is minimized, 2) if excessive residential complaints are received by the City, the suspension can be revoked at the discretion of the Public Works Director, and 3) blasting activities, if any, must be done from 8:00 a.m. to 5:00 p.m. (Motion carried under the Consent Agenda.) Mark McQuillan, Park and Recreation Director, explained that H& M Builders was authorized to construct an outdoor sign for the Shakopee Community Center in October of 1997. When the original design was presented to the Council, some Councilors felt that the sign should be more professionally designed. Mr. McQuillan reported that H & M Builders has now submitted two designs for review. Option I is the original design with some modifications at a cost of$13,750. Option II is a completely different design at a cost of$18,750. Funding for this project would come from the remaining balance of the Community Center Project Fund, which currently has a balance of approximately $35,000. A discussion ensued as to the appearance of the designs that were presented and whether or not they were professionally designed. Mark McQuillan was directed to provide copies of the proposed art work, a color picture of the design, and a few more design options. Mark McQuillan reported that the School District would like to move the tennis courts proposed to be placed east of the city courts at Stan's Park. In order to best serve both community and school needs, they would like to place the new courts in close proximity to the existing courts. The cost to remove the hockey boards is included in the bid specifications. The west side of the tennis courts would be in alignment with the west end of the present hockey rink, and would avoid all utilities in the area. Sweeney/DuBois moved to communicate to Ron Ward, of the Shakopee School District, the willingness of the City to allow the placement of the tennis courts partially on city property and partially on school property, east of the City courts at Stans Park. Official proceedings of the September 1, 1998 Shakopee City Council Page -9- Mark McQuillan stated that the Hockey Association does not have a problem with the removal of the hockey rink. He said a general skating rink would still be available. Motion carried unanimously. Sweeney/DuBois moved to approve the applications and grant on sale intoxicating and Sunday on sale intoxicating liquor licenses to The Brew Station Brewery, Inc., 1128 Vierling Drive East, effective October 1, 1998. (Motion carried under the Consent Agenda.) Mark McNeill reported that the Council is asked to appoint members to the Water Management Citizen's Advisory Committee, and other watershed advisory committees to provide input for the completion of the Water Management Plan which will cover all areas of Scott County except those within the Lower Minnesota and Prior Lake-Spring Lake Watershed District. Councilor Sweeney has volunteered to serve as the elected representative, and has discussed with Shakopee Public Utilities Director Lou VanHout to serve as the alternate. He is also suggesting that Mr. VanHout, himself, and one other local citizen serve on the Shakopee Basin Committee. In order to fill the position with a local citizen, an advertisement in the Shakopee Valley News may be necessary or nominations from Councilmembers on persons living in the Shakopee Basin Watershed in the City limits. DuBois/Amundson moved to appoint Robert Sweeney to be the Shakopee Representative on the Citizens Advisory Committee, with Lou VanHout as Alternate. Motion carried unanimously. DuBois/Amundson moved to direct staff to advertise in the local newspaper to receive nominations and to have Councilmembers submit nominations for the Shakopee Basin Watershed Advisory committee for Scott County Water Management. Motion carried unanimously. Judith Cox, City Clerk, reported that staff is advising that it would be appropriate for a date to be set to consider the Tobacco Ordinance violations as a result of the compliance check that took place last winter. An off-meeting night was recommended as a separate hearing will be held for each party that received a non-compliance check. Sweeney/Amundson moved to schedule a hearing on Tuesday, November 10, 1998, at 7:00 p.m. at City Hall, to review the action of the tobacco licensees: Canterbury Inn, Inc. Knights of Columbus Polka Dot Dairy, Tom Thumb Koehnen's Amoco Berens Market Official Proceedings of the September 1, 1998 Shakopee City Council Page -10- Kmart Stores Speedway Superamerica LLC BretBecca Inc., dba/Pullman A.F.F.C. Inc., dba/Arnies Friendly Folks club Fraternal Order of Eagles Hennen's Texaco Motion carried unanimously. Sweeney/DuBois moved that Sergeants Forberg and Robson be placed on Step 2 of the Sergeants 1998 pay scale with a new anniversary date of August 19, 1998, for pay purposes and that movement to Step 3 is to occur after one year of the appointment to Sergeant. (Motion carried under the Consent Agenda.) Sweeney/DuBois offered Resolution No. 4982, A Resolution Amending Resolution No. 4801 Adopting the 1998 Fee Schedule, and moved its adoption. (Motion carried under the Consent Agenda.) Cncl. DuBois and Mayor Brekke met with Mark McNeill to review his job performance for the second year of service as Shakopee City Administrator. Each of the five members of the City Council provided written comments that were also shared. Compensation issues were discussed. Mark McNeill was hired at Step 5 of the old pay plan; however he requested to be removed from the new pay plan when it was adopted but after reviewing the merits of being back on the step and grade system, Mayor Brekke and Councilor DuBois recommended a 3% cost of living increase instead, retroactive to the anniversary date of July 22nd, and a vehicle allowance of $300 per month, effective September 1st. This would increase his compensation to $75,087; which would be between steps 5 and 6 of the 1998 pay plan. Link/DuBois moved to direct that the employment agreement with City Administrator Mark McNeill be amended to reflect the implementation of a $300/month vehicle allowance effective September 1, 1998, and a 3% cost of living adjustment retroactive to July 22, 1998. Motion carried unanimously. Sweeney/DuBois moved to adjourn to Thursday, September 3, 1998, at 4:00 p.m. Motion carried unanimously. The meeting was adjourned at 10:05 p.m. Jud th S. Cox, City lerk sther TenEyck, Recording Secretary CITY OF SHAKOPEE 6 Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Mayoral Proclamation- Shakopee Baseball Team DATE: October 15, 1998. INTRODUCTION: At its meeting of October 20th,there will be a brief presentation by one of the founders of a new community baseball team for Shakopee, as well as a Mayoral recognition of the winner of a contest to name the team. BACKGROUND: Gary Hartman contacted the City several weeks ago, requesting a couple of minutes on the October 20th meeting to announce to the City Council and the community,the formation of a new amateur baseball team in Shakopee. It is scheduled to begin play in 1999. A contest was held to determine a name for the new team. Mr. Hartman has asked that Mayor Brekke recognize the winner of that contest at the October 20th meeting. The winner is Patrick Farrell, a fifth grader at Central School. His winning entry was the "Shakopee Coyotes". ACTION REQUIRED: Mayor Brekke will present Patrick with the attached proclamation. "l/ Mark McNeill City Administrator MM:tw BASEB.DOC CITY OF SHAKOPEE OFFICE OF THE MAYOR PROCLAMATION WHEREAS, the City of Shakopee is proud of the rich tradition that has developed in our community with respect to baseball, having been the home of many outstanding amateur and semi-professional baseball teams over the years; and WHEREAS, the City of Shakopee has developed and continues to develop fine facilities to accommodate the playing of amateur baseball in Shakopee, most notably Riverside Park and Tahpah Park; and WHEREAS, the City of Shakopee eagerly awaits the start of play of a new amateur baseball team to begin play in the 1999 season; and WHEREAS, a contest was sponsored by the new amateur baseball team to solicit suggestions for the naming of the new baseball team; and WHEREAS, out of a possible 1,941 students who could submit entries, Patrick Farrell of Shakopee submitted the winning entry. NOW, THEREFORE, I JON BREKKE, MAYOR OF THE CITY OF SHAKOPEE, MINNESOTA, do hereby congratulate Patrick Farrell for winning the "Name the Team" contest sponsored by the new team, FURTHER, I, along with many other baseball fans in Shakopee, look forward to the commencement of play in the 1999 baseball season, of the "Shakopee Coyotes". Given under my hand and the seal of the City of Shakopee this 20th day of October, 1998. Mayor of the City of Shakopee Attest: City Clerk BASEB.DOC CITY OF SHAKOPEE CONSENT Memorandum �. . TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director RE: City Bill List DATE: October 15, 1998 Introduction and Background Attached is a print out showing the division budget status for 1998 based on data entered as of 10/15/98 . Also attached is a regular council bill list for invoices processed to date for council approval . Included in the check list but under the control of the EDA are checks for the EDA General Fund (code 0191) , Blocks 3&4 (codes 9439 & 9447) and Seagate (code 9450 including Canterbury Drive) in the amount of $407 .28 . Included in the bill list are the dues to the League of Minnesota Cities in the amount of $8 , 037 . 00 . There is $6, 800 . 00 identified in the budget . Action Requested Move to approve the bills in the amount of $1, 872, 909 . 64 . CITY OF SHAKOPEE EXPENSES BY DEPARTMENT 10/15/98 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 8,283 46,565 71 12 CITY ADMINISTRATOR 225,000 11,934 133,739 59 13 CITY CLERK 182,430 12,688 131,781 72 15 FINANCE 326,090 19,927 258,232 79 16 LEGAL COUNSEL 253,500 36,986 214,202 84 17 COMMUNITY DEVELOPMENT 492,700 31,772 390,276 79 18 GENERAL GOVERNMENT BUILDINGS 153,890 6,372 82,713 54 31 POLICE 1,814,370 98,992 1,356,470 75 32 FIRE 486,860 28,063 346,152 71 33 INSPECTION-BLDG-PLMBG-HTG 261,400 17,663 188,686 72 41 ENGINEERING 442,010 38,639 322,189 73 42 STREET MAINTENANCE 1,228,580 22,300 776,617 63 44 SHOP 125,890 8,688 84,571 67 46 PARK MAINTENANCE 377,940 33,716 308,792 82 91 UNALLOCATED 526,830 -155 367,848 70 TOTAL GENERAL FUND 6,962,820 375,869 5,008,832 72 17 COMMUNITY DEVELOPMENT 485,570 1,326 288,583 59 TOTAL TRANSIT 485,570 1,326 288,583 59 19 EDA 156,600 4,008 51,871 33 TOTAL EDA 156,600 4,008 51,871 33 H m a a C1.4 as as a aaaaaaaaaaa a xxxxxxx x 4444 4444 x 4444 x H H H HHHHHHHHHHHHHH H 0 0 0 0 0 0 0 0 p p p p 0 p p p 2 04 G) O W a z O ao OD a,OD m Z ao op co co a0 co ao op co 4 4 z CA Ch of CA 01 CA CA CA cn cm 010/0/01 v co 01 od xaxaaxaaxxxxxx co co aox° H M 00 WWWWWWWWWWWWWW Tr C+C`[`C`NNN WN 0101 V• >i}l 0 0 I HH Wa1WCQa0alW W W W WCAW W M 10 VoV)1..0win10 OD 11)CO �� V• FF N > N CO CO 00000000000000 N 0000000 H o0 00 0 0 Z Ol Nr FFFFFFFHFFFFFF In to 0 1/40 t.0 tol)V t` WD 1.0 MM 10 101.0 1D H 01 H H U U U U U U U U U U U U U U 0 0 0 0 0 0 0 0 H 0 0 \\ O H H 0 H U)U) 00000000000000 0 0000000 01 00 0101 0 1D10 O O In 0 H H H H H H H H H H H H H ID 0 H H H H H H H 0 0 0 0 0 H N V' H F m CO M M M M M M M M M M M M M M t- M N N N N N N N H H H H H N V•CO N Z04 In CnN HHHHHHHHHHHHHH M MMMMMMM M NN MM M NO M W V' w M V w V'V'V•V•V'V'•CM V'V•V•V' N V' V V'V'V'V'V'V' V' V•V' V V' s• M N V' 0 W l i i i i i i i i i i i i i i l l l i l l l l I t I t l 1 1 l OX 01 HO OOOOCHO0o0000N H HHHCVHHH M I..:14 Md' H V•M H U V. 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CITY OF SHAKOPEE CONSENT Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Preliminary/Final Plat for Southbridge 2nd Addition DATE: October 20, 1998 Discussion Shakopee Crossings is requesting Preliminary/Final Plat approval of Southbridge 2nd Addition. A copy of the October 8, 1998, Planning Commission staff memo has been attached for your reference. Alternatives 1. Approve the Preliminary/Final Plat of Southbridge 2nd Addition, subject to conditions. 2. Revise the conditions of approval for the Preliminary/Final Plat of Southbridge 2nd Addition, and approve subject to the revised conditions. 3. Do not approve the Preliminary/Final Plat of Southbridge 2nd Addition. 4. Table action on this item and request additional information from the applicant and/or staff Planning Commission Recommendation The Planning Commission recommended the approval of the Preliminary/Final Plat of Southbridge 2nd Addition, subject to conditions(Alternative No. 1). Action Requested Offer Resolution No. 5001, a Resolution Approving the Preliminary/Final Plat of Southbridge 2nd Addition, subject to conditions, and move its approval. 4ti z � e Klima Planner II ikommdevvcc\1998\cc1020\pfpsobg2.doc RESOLUTION NO.5001 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,APPROVING '1'1l;PRELIMINARY/FINAL PLAT OF SOUTHBRIDGE 2ND ADDITION WHEREAS, Shakopee Crossings is the applicant and owners of said property; and WHEREAS, the property upon which the request is being made is legally described as follows: Outlot A, Southbridge 1st Addition, Scott County,Minnesota;and WHEREAS, the Planning Commission of the City of Shakopee did review the Preliminary/Final Plat for Southbridge 2nd Addition on October 8, 1998, and has recommended its approval; and WHEREAS, all notices of the public hearing for the Preliminary Plat were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,as follows: That the Preliminary/Final Plat for Southbridge 2nd Addition is hereby approved subject to the following conditions: a) The conditions imposed as part of the East Dean Lake PUD approval and the PUD Amendment granted on September 3, 1998. b) The following procedural actions must be completed prior to the recording of the final plat: i) Approval of title by the City Attorney. iv) Execution of a Developers Agreement for construction of required public improvements: v) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission(SPUC) except as modified by the East Dean Lake PUD approval or by specific agreement with SPUC. vi) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. vii) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. viii) Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee except as modified by the East Dean Lake PUD approval. ix) Street signs shall be constructed and installed by the City of Shakopee at a cost to the developer of$270.00 per sign pole. x) The developer shall be responsible for payment of Trunk Storm Water Charges; security for the public improvements, engineering review fees, and other fees as required by the City's adopted Fee Schedule. xi) The City Engineer and Utilities Manager for SPUC must approve the Final Construction Plans and Specifications prior to the commencement of construction. xii) The developer shall provide easements as required by City Code including any access easements to ponding areas, which may be required. xiii) The homeowners association(s)will be responsible for the maintenance of all islands and medians within the public streets in the project, as well as the cost of removal of landscaped islands and medians in the event the City is petitioned for their removal. xiv) A Common Interest Community(CIC) plat shall be filed for this project. xv) Windsor Drive shall be identified solely as Windsor Drive. North and south designations shall not be provided. xvi) Residential structures constructed adjacent to TH169 must utilize windows rated at 30 STC or better and be provided with year- round climate control. All other residential structures must utilize windows rated at STC 28 or better. xvii) The developer shall install all subdivision monumentation within one year from the date of recording the plat. At the end of the one year period from recording of the plat, the developer shall submit to the City Engineer written verification by a registered land surveyor that the required monuments have been installed throughout the plat. Monumentation may only be installed on a per lot basis at the time of building permit issuance with prior approval of the City Engineer. 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 ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee,MN 55379 '7 CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima, Planner II SUBJECT: Preliminary/Final Plat of Southbridge 2nd Addition DATE: October 8, 1998 Site Information: Applicant: Shakopee Crossings Location: South of TH 169, north of Southbridge Parkway and west of CSAH 18 Current Zoning: Planned Unit Development# 14 with underlying zone of R-1B (Urban Residential) Adjacent Zoning: North: STH 169 right of way South: PUD #14 with underlying zone of R-1B (Urban Residential) East: I-1 (Light Industrial) West: Urban Residential (R-1B) Comp. Plan: 1995: Single Family Residential Area: 36.7 Acres MUSA: The site is within the MUSA boundary INTRODUCTION Shakopee Crossings is requesting approval of the Preliminary and Final Plat for Southbridge 2nd Addition (for location please see Exhibit A). The original Planned Unit Development (PUD) for this project was approved in September, 1997. In September, 1998, the City Council approved a PUD amendment for this portion of the PUD to allow the construction of townhomes in conformance with the site plan attached (Exhibit B). CONSIDERATIONS 1. The Preliminary/Final Plat for Southbridge 2nd Addition is in substantial conformance with the approved Planned Unit Development (PUD) Amendment for this site. These drawings are attached as Exhibits C and D. 2. The Minnesota Department of Transportation (MnDOT) has commented that the Final Plat must identify MnDOT right of way and any MnDOT monuments found. 3. Due to the proximity of the project to the TH169 right-of-way, the applicant must submit a noise analysis to verify compliance with noise standards. 4. The Building Official has commented that individual sewer and water connections will be required for each townhome. ALTERNATIVES 1. Recommend approval of the Preliminary/Final Plat of Southbridge 2nd Addition subject to conditions as set forth below: a) The conditions imposed as part of the East Dean Lake PUD approval and the PUD Amendment granted on September 3, 1998. b) Prior to review by the City Council the following must be submitted: i) The developer shall submit a noise study to verify whether noise mitigation measures will be necessary. c) The following procedural actions must be completed prior to the recording of the final plat: i) Approval of title by the City Attorney. iv) Execution of a Developers Agreement for construction of required public improvements: v) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission (SPUC) except as modified by the East Dean Lake PUD approval or by specific agreement with SPUC. vi) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. vii) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. viii) Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee except as modified by the East Dean Lake PUD approval. ix) Street signs shall be constructed and installed by the City of Shakopee at a cost to the developer of$270.00 per sign pole. x) The developer shall be responsible for payment of Trunk Storm Water Charges; security for the public improvements, engineering review fees, and other fees as required by the City's adopted Fee Schedule. xi) The City Engineer and Utilities Manager for SPUC must approve the Final Construction Plans and Specifications prior to the commencement of construction. xii) The developer shall provide easements as required by City Code including any access easements to ponding areas, which may be required. xiii) The homeowners association(s) will be responsible for the maintenance of all islands and medians within the public streets in the project, as well as the cost of removal of landscaped islands and medians in the event the City is petitioned for their removal. xiv) A Common Interest Community(CIC) plat shall be filed for this project. 2. Recommend approval of the Preliminary/Final Plat of Southbridge 2nd Addition subject to revised conditions. 3. Do not recommend approval of the Preliminary/Final Plat of Southbridge 2nd Addition. 4. Table action on this item and request additional information. STAFF RECOMMENDATION Staff recommends that the Planning Commission recommend approval of the Preliminary/Final Plat of Southbridge 2nd Addition, subject to conditions,to the City Council(Alternative No. 1). ACTION REQUESTED Offer and pass a motion to recommend approval of the Preliminary/Final Plat of Southbridge 2nd, subject to conditions, to the City Council. Ai Ai Julie iii 1 • Planner II i s\;ommdev\boaa-pc\1998\1008\pfpsbrg2.doc c l L 3 P 3 p fi / I J i 1// s A ? n^ 0Z 0, • �/ it CgC n / 1A y r7 _ • r O< =0 � 1 I � �1 ;:s n ,. � /� � U1 "Y'� s f"") L--7 1\ ;; . ' : • •, r----.\ ,/ ( t\ 1:, pH, ----„Th Iii! i 1 ) I h. r:11-11. . . 11 Eigirj1 .— /A (� ( Yi i c a n i i i.p.:, -• I I S I. 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L�1 1 iBQv� I .i614. ; ^'t cn .. 1 •Iasi1 1 .. 5 bI q M, r; 9l'1,0LI -7 I liq 1 ) M�I__68N i - I --- aN3N35933NfT3dIJ5UT109ROM 319NIIN3'J� --- --------'------'--'—,a 1 tifi I b '> i' d 10 ii z aLS09-M �. `OCg4N W 99'899 ,00.00.5�0 0 048 4 (ss►tue 33dC1 4 691. 'H -.1. 'S @9U11�11.194 8. CITY OF SHAKOPEE r CONSENT Memorandum IC TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Final Plat for Southbridge 3rd Addition DATE: October 20, 1998 Discussion Contractors Property Developer's Company is requesting Final Plat approval of Southbridge 3rd Addition. A copy of the October 8, 1998, Planning Commission staff memo has been attached for your reference. Since the Planning Commission meeting, the applicant has revised the drawings to identify this project as Southbridge 3rd Addition. Alternatives 1. Approve the Final Plat of Southbridge 3rd Addition, subject to conditions. 2. Revise the conditions of approval for the Final Plat of Southbridge 3rd Addition, and approve subject to the revised conditions. 3. Do not approve the Final Plat of Southbridge 3rd Addition. 4. Table action on this item and request additional information from the applicant and/or staff. Planning Commission Recommendation The Planning Commission recommended the approval of the Final Plat of Southbridge 3rd Addition, subject to conditions(Alternative No. 1). Action Requested Offer Resolution No. 5002, a Resolution Approving the Final Plat of Southbridge 3rd Addition, subject to conditions, and move its approval. ilanner /'�rrk II is\commdev\cc\1998\cc 1020\fpsobg3.doc RESOLUTION NO.5002 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,APPROVING THE FINAL PLAT OF SOUTHBRIDGE 3RD ADDITION WHEREAS,Contractors Property Developer's Company is the applicant and owners of said property; and WHEREAS, the property upon which the request is being made is legally described as follows: Outlot F, Southbridge 1st Addition, Scott County,Minnesota; and WHEREAS, the Planning Commission of the City of Shakopee did review the Final Plat for Southbridge 3rd Addition on October 8, 1998, and has recommended its approval; and WHEREAS, all notices of the public hearing for the Preliminary Plat were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,as follows: That the Final Plat for Southbridge 3rd Addition is hereby approved subject to the following conditions: a) The conditions imposed as part of the East Dean Lake PUD approval and the PUD Amendment granted on September 3, 1998. b) The following procedural actions must be completed prior to the recording of the final plat: i) Approval of title by the City Attorney. iv) Execution of a Developers Agreement for construction of required public improvements: v) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission(SPUC) except as modified by the East Dean Lake PUD approval or by specific agreement with SPUC. vi) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. vii) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. viii) Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee except as modified by the East Dean Lake PUD approval. ix) Street signs shall be constructed and installed by the City of Shakopee at a cost to the developer of$270.00 per sign pole. x) The developer shall be responsible for payment of Trunk Storm Water Charges; security for the public, engineering review fees, and other fees as required by the City's adopted Fee Schedule. xi) The City Engineer and Utilities Manager for SPUC must approve the Final Construction Plans and Specifications prior to the commencement of construction. xii) The developer shall provide easements as required by City Code including any access easements to ponding areas, which may be required. xiii) The homeowners association(s)will be responsible for the maintenance of all islands and medians within the public streets in the project, as well as the cost of removal of landscaped islands and medians in the event the City is petitioned for their removal. xiv) The developer shall install all subdivision monumentation within one year from the date of recording the plat. At the end of the one year period from recording of the plat, the developer shall submit to the City Engineer written verification by a registered land surveyor that the required monuments have been installed throughout the plat. Monumentation may only be installed on a per lot basis at the time of building permit issuance with prior approval of the City Engineer. 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 ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee,MN 55379 '4. CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima, Planner II SUBJECT: Final Plat of Southbridge 3rd Addition DATE: October 8, 1998 Site Information: Applicant: Contractors Property Developer's Company Location: South of TH 169 and west of Southbridge Parkway Current Zoning: Planned Unit Development# 14 with underlying zone of R-1A(Low- Density Residential) Adjacent Zoning: North: TH 169 right of way South: Dean Lake East: Southbridge Parkway and PUD #14 with underlying zone of R-1B (Urban Residential) West: Dean Lake Comp. Plan: 1995: Single Family Residential Area: 90.42 Acres MUSA: The site is within the MUSA boundary INTRODUCTION Contractors Property Developer's Company is requesting approval of the Final Plat for Southbridge 3rd Addition (for location please see Exhibit A). The original Planned Unit Development (PUD) for this project was approved in September, 1997. The Preliminary Plat for Southbridge was approved in April 1998. The Final Plat is in substantial conformance with the approved Preliminary Plat. CONSIDERATIONS 1. The drawings received with this application identify the project as Southbridge 2nd Addition. However, prior to the city receiving this application, an application for another portion of the Southbridge project was received and put into the review process. The previous application was identified as Southbridge 2nd Addition. Therefore, this applicant will be required to rename the development to Southbridge 3rd Addition, prior to City Council review of the Final Plat. 2. The Final Plat for Southbridge 3rd Addition is in substantial conformance with the approved Preliminary Plat. The Final Plat drawings have been attached as Exhibit B. 3. This Final Plat will not be required to submit a noise study. However, future phases of development under the applicant's ownership may be required to submit a noise study. 4. The dedication language on the signature page of the Final Plat shall identify only those roadways to be constructed in Southbridge 3rd Addition and may require some revision prior to recording. 5. Pending assessments for the construction of Southbridge Parkway exist for the subject site. ALTERNATIVES 1. Recommend approval of the Final Plat of Southbridge 3rd Addition subject to conditions as set forth below: a) The conditions imposed as part of the East Dean Lake PUD approval and the PUD Amendment granted on September 3, 1998. b) Prior to review by the City Council the following must be submitted: i) The drawings shall be revised to identify the project as Southbridge 3rd Addition. ii) The dedication language on the signature page of the Final Plat shall be revised to identify only those roadways which are a part of Southbridge 3rd Addition. c) The following procedural actions must be completed prior to the recording of the final plat: i) Approval of title by the City Attorney. iv) Execution of a Developers Agreement for construction of required public improvements: v) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission(SPUC) except as modified by the East Dean Lake PUD approval or by specific agreement with SPUC. vi) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. vii) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. viii) Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee except as modified by the East Dean Lake PUD approval. ix) Street signs shall be constructed and installed by the City of Shakopee at a cost to the developer of$270.00 per sign pole. x) The developer shall be responsible for payment of Trunk Storm Water Charges; security for the public, engineering review fees, and other fees as required by the City's adopted Fee Schedule. xi) The City Engineer and Utilities Manager for SPUC must approve the Final Construction Plans and Specifications prior to the commencement of construction. xii) The developer shall provide easements as required by City Code including any access easements to ponding areas, which may be required. xiii) The homeowners association(s)will be responsible for the maintenance of all islands and medians within the public streets in the project, as well as the cost of removal of landscaped islands and medians in the event the City is petitioned for their removal. 2. Recommend approval of the Final Plat of Southbridge 3rd Addition subject to revised conditions. 3. Do not recommend approval of the Final Plat of Southbridge 3rd Addition. 4. Table action on this item and request additional information. STAT} RECOMMENDATION Staff recommends that the Planning Commission recommend approval of the Final Plat of Southbridge 3rd Addition, subject to conditions,to the City Council(Alternative No. 1). ACTION REQUESTED Offer and pass a motion to recommend approval of the Final Plat of Southbridge 3rd, subject to conditions,to the City Council. Juli ima Plarin r ll is\commdev\boaa-pc\1998\1008\fpsbrg3.doc i 11 1 ti-\ ,, i • (4): g.: _ ; ,zz ✓ � // iii. OO 5Z P e- C y '• , i,..) S 1 !1j1 /. ~sal 1 II .or a rnr_ I 14. 1 • �� ' t '' ql I ...,;141 I:..gr. s1 . a. -; :, .-;. 8 \_L` fi f u �—�'` b irrr 1 y/� Y�.1•.• �.ft! AL,. +1(\•/t��Yom' r� } t q �'fV•' '''\'cr' ail/lt:fes` "; " �`��' �j �—' ' r=r•.. 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CITY OF SHAKOPEE Memorandum COniSEN"'' TO: Mayor and City Council is I V�7 Mark McNeill, City Administrator FROM: Tim Benetti, Planner I SUBJECT: Preliminary&Final Plat of Bergs Hilltop Addition Robert I. &Patricia E.Bergs(Applicants) DATE: October 20, 1998 Discussion Mr. &Mrs. Robert Bergs are requesting Preliminary and Final Plat approval of Bergs Hilltop Addition. The subject site is generally located at the northeast corner of CR. 78 & 79, within the Beckrich Park Estates Addition (see Exhibit A). A copy of the October 8th, 1998, Planning Commission staff memo has been attached for your reference. On September 1st, 1998, the City Council offered and adopted Resolution No. 4977 approving an amendment to the original Beckrich Park Estates Planned Unit Development. This amendment allowed the Bergs to subdivide their parcel within Beckrich Park Estates into 3 lots, subject to conditions Alternatives 1. Approve the Preliminary&Final Plat of Bergs Hilltop Addition, subject to conditions recommended by the Planning Commission and staff 2. Revise the conditions of approval for the Preliminary & Final Plat of Bergs Hilltop Addition, and approve subject to the revised conditions. 3. Do not approve the Preliminary&Final Plat of Bergs Hilltop Addition. 4. Table action on this item and request additional information from the applicant and/or staff Planning Commission Recommendation The Planning Commission recommended approval of the Preliminary and Final Plat of Bergs Hilltop Addition, subject to conditions(Alternative No. 1). Action Requested Offer Resolution No. 5003, a Resolution Approving the Preliminary and Final Plat of Bergs Hilltop Addition, subject to conditions, and move its approval. Tim Benetti Planner I i:\commdevcCc\19981cc1020\ppfpberg.doc RESOLUTION NO.5003 A RESOLUTION OF'TIM CITY OF SHAKOPEE,MINNESOTA, APPROVING THE PRELIMINARY and FINAL PLAT of BERGS HILLTOP ADDITION WHEREAS,Robert I. &Patricia E. Bergs are the applicants and owners of said property; and WHEREAS, the property upon which the request is being made is legally described as: Lot One (1), Block One (1), Beckrich Park Estates, Scott County,Minnesota; and WHEREAS, the Planning Commission of the City of Shakopee did review an Amendment to the Beckrich Park Estates Planned Unit Development on August 20th, 1998, and recommended its approval; and WHEREAS, the City Council of the City of Shakopee approved the Amendment to the Beckrich Park Estates Planned Unit Development by adopting Resolution No, 4977, dated September 1st, 1998; and WHEREAS,the Planning Commission of the City of Shakopee did review the Preliminary and Final Plat of Bergs Hilltop Addition on October 8th, 1998, and has recommended their approval; and WHEREAS, all notices of the public hearing for the Preliminary and Final 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 and Final Plat of Bergs Hilltop 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 the Developers Agreement, which shall include provisions for security for the public improvements, engineering review fees, and other fees as required by the City's adopted Fee Schedule. for construction of required public improvements; and a) Street lighting (if required) to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. b) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. c) Installation and construction of streets and necessary appurtenances in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. d) Final construction plans and specifications must be approved by the City Engineer, prior to construction. e) Street signs shall be constructed and installed by the City of Shakopee at a cost to the developer of$270.00 per sign pole. 3. Bergs Circle shall be revised to Irie Circle prior to recording final plat. 4. No ponding, signing, berming or landscaping will be allowed in CR. 79 right- of-way. 5. Any grading or utility work within CR 79 right-of-way will require a permit prior to any work commencing. 6. The developer shall provide easements, as required by City Code. 7. The developer shall be responsible for payment of Trunk Storm Water charges, and other fees as required by the City's adopted Fee Schedule. 8. Individual sewage treatment system(including percolation and soil boring tests reports), individual water systems, and design/construction plans for each residential unit must be reviewed and approved by City Building Department. Applicant has submitted said ISIS Report, and is on file with the city. 9. The developer shall install all subdivision monumentation within one year from the date of recording the plat. At the end of the one year period from recording of the Plat, the developer shall submit to the City Engineer written verification by a registered land surveyor that the required monuments have been installed throughout the plat. Monumentation may only be installed on a per lot basis at the time of building permit issuance with prior approval of the City Engineer. 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 ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee,MN 55379 • - ""--•—iL.i11 T`fsdLI-i1....t....."1"--j1 0 i_L.ti • .• .. :<<. '_''41:44..4. ....: ? y -, . 'F` 4 "' _1 �\-_• - v �y .+✓ r+.'sa )7rR� shy _., 7y.s y �-421 .c.., ir.^r .� +•? .,n» ••1 -.;t S-- - Y,.'moiI .•3c �... . 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M %ozooN '�—�/ heir ,o' oN .dvvij .larvnc - �3nna b 1- c /Y N('1�.IcF "��)I f/' N yr J `� N •..., 4,-..-. t16P ;ft-tV�j NK1 1_I 1; _i_it; - wg d -777y v: Mg 00505 Sg c PC AGENDA ITEM No. 5 CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Tim Benetti, Planner I SUBJECT: Preliminary&Final Plat of Bergs Hilltop Addition MEETING DATE: October 8th, 1998 Site Information Applicant: Robert I. &Patricia E. Bergs, owners. Location: NE Corner of CR 78 & CR 79 Current Zoning: Rural Residential (RR)Zone Adjacent Zoning: North: Rural Residential(RR)Zone South: Rural Residential (RR)Zone East: Rural Residential (RR)Zone& Agriculture(AG)Zone West: (Jackson Township) 1995 Comp. Plan:Single Family Residential Area: 4.38 acres MUSA: The site is not within the MUSA boundary. Attachments: Exhibit A: Letter of request for concurrent Prelim./Final Plat review Exhibit B: Zoning/Location Exhibit C: Map Bergs Hilltop Addition Preliminary&Final Plat Map Introduction Mr. & Mrs. Robert Bergs request Preliminary and Final Plat approval of Bergs Hilltop Addition (Exhibit A). This plat is generally located at the northeast corner of CR 78 & CR 79, in Beckrich Park Estates (Exhibit B). This preliminary/final plat is in conjunction with Mr. Bergs' request to amend the original Beckrich Park Planned Unit Development. Considerations 1) Beckrich Park PUD was approved by the City Council on March 17th, 1992, and the preliminary/final plats for Beckrich Park Estates were approved April 21st, 1992. 2) Mr. Bergs' request to amend the original Beckrich Park PUD was approved by the Planning Commission on August 20th, 1998, and City Council on September 1st, 1998. The conditions of the PUD amendment approval have either been met, or incorporated as conditions for final plat approval. 3) The entire parcel is 4.38 acres in size. The applicant is proposing three (3) new lots of 1.3, 1.1 and 1.6 acres, respectively(Exhibit C). 4) City Engineering Department has reviewed this request and has provided comments and conditions. Staff has incorporated these recommendations into the conditions of approval of the amendment. 5) Scott County Highway Department has reviewed this request and has provided comments and conditions. Scott County Highway Department shall allow only one(1)access onto County Road 79. An access permit(#1698)has been issued by the County, and is on file with the City. Staff has incorporated these recommendations into the conditions of approval of the amendment. 6) The Planning Commission required the cul-de-sac (Bergs Circle) constructed as a public street. This street shall be constructed to City's design standards. (Design criteria includes a 60' dedicated right-of-way, 36' wide curbed & guttered street, and a 45' width radius cul-de- sac). Execution of a Developers Agreement for construction of this public improvement will be required as part of the Final Plat. Staff has also informed the applicant that a Berg Drive currently exists in Shakopee. Therefore, the applicant has indicated to staff the name will be changed to "Irie Circle." The final plat drawing will need to be revised prior to recording. 7) Applicant is responsible for payment of Trunk Storm Water Charges, and other fees as required by the City's adopted Fee Schedule. 8) The applicant intends to serve each lot with individual water and sanitary septic systems. Two septic system drainfields and a building pad are shown for each lot in the preliminary site plans. The exact location of the houses and septic systems will be determined at time of the building permit applications for each lot. The applicant has submitted an Individual Sewage Treatment System report (percolation& soil boring tests) for each new lot from Hailing Engineering. Each system will need to be approved by City's Building Department for code compliance. This item has been added as part of the conditions of approval. Alternatives 1. Recommend to the City Council approval of the Final Plat of Bergs Hilltop Addition, subject to the following conditions: a) The following procedural actions must be completed prior to the recording of the Final Plat: i) Approval of title by the City Attorney. ii) Execution of the Developers Agreement, which shall include provisions for security for the public improvements, engineering review fees, and other fees as required by the City's adopted Fee Schedule. for construction of required public improvements; and a) Street lighting (if required) to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. b) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. c) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. d) Installation and construction of streets and necessary appurtenances in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. e) Final construction plans and specifications must be approved by the City Engineer, prior to construction. 1) Street signs shall be constructed and installed by the City of Shakopee at a cost to the developer of$270.00 per sign pole. iii) Bergs Circle shall be revised to Irie Circle prior to recording final plat. iv) No ponding, signing,berming or landscaping will be allowed in CR 79 right-of- way. v) Any grading or utility work within CR 79 right-of-way will require a permit prior to any work commencing. vi) The developer shall provide easements, as required by City Code. vii) The developer shall be responsible for payment of Trunk Storm Water charges, and other fees as required by the City's adopted Fee Schedule. viii) Individual sewage treatment system(including percolation and soil boring tests reports), individual water systems, and design/construction plans for each residential unit must be reviewed and approved by City Building Department. Applicant has submitted said ISTS Report, and is on file with the city. ix) The developer shall install all subdivision monumentation within one year from the date of recording the plat. At the end of the one year period from recording of the Plat, the developer shall submit to the City Engineer written verification by a registered land surveyor that the required monuments have been installed throughout the plat. Monumentation may only be installed on a per lot basis at the time of building permit issuance with prior approval of the City Engineer. 2. Recommend to the City Council approval of the Final Plat of Bergs Hilltop Addition with revised conditions. 3. Recommend to the City Council the denial of the request for approval of Bergs Hilltop Addition. 4. Table a decision in order to allow time for the applicant and/or staff to submit additional information or make any necessary revisions. Staff Recommendation Staff recommends Alternative No. 1, to recommend to the City Council approval of the Final Plat of Bergs Hilltop Addition, subject to the above conditions. Action Requested Offer a motion recommending to the City Council the approval of the Final Plat of Bergs Hilltop Addition with conditions. i:\commdev\boaa-pc\1998\1008\ppfpberg.doc CITY OF SHAKOPEE Memorandum TO: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Text Amendment to City Code Chapter 11 Regarding Permitted Uses in the B-1 Zoning District MEETING DATE: October 20, 1998 INTRODUCTION: Staff received direction from Council to prepare and process an amendment to the B-1 (Highway Business)Zone regulations that would allow residential uses in conjunction with other permitted uses, as is the case in the B-3 (Downtown Business)Zone. Based on the Planning Commission recommendation the Council directed staff to prepare a revised amendment for Commission review. The Commission reviewed the amendment at its October 8, 1998 meeting. DISCUSSION: There was public testimony at the October 8th public hearing regarding concerns that the amendment would be broader in application than the Council may have intended. For example there was concern that a person owning a single-family property in the B-1 district as identified could then construct a garage and convert it to commercial use. In such case the B-1 zone regulations would require the person to obtain a conditional use permit for more than one principal structure on a lot. There was also testimony to the effect that the proposed combination of uses should be made conditionally permitted, so as to be able to regulate appearance and upkeep. PLANNING COMMISSION RECOMMENDATION: The Commission recommended approval of the proposed text amendment with a revision to better identify the westernmost end of the identified corridor. The accompanying draft ordinance incorporates the recommended amendment. ALTERNATIVES: 1. Approve Ordinance No. 525 as presented. 2. Approve Ordinance No. 525 with revisions. 3. Do not approve the proposed text amendment. 4. Table the matter to request additional information from staff. ACTION REQUESTED: Offer and pass Ordinance No. 525. R. Michael Leek Community Development Director i:\commdev\cc\1998\998\1020\txtb 1.doc ORDINANCE NO. 525, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE,MINNESOTA, AMENDING CHAPTER 11,ZONING, SEC. 11.36. HIGHWAY BUSINESS ZONE (B-1), SUBD. 2 (PERMITTED USES)BY ADDING ITEM L THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That City Code Chapter 11, Zoning, Section 11.36. HIGHWAY BUSINESS ZONE (B-1), Subd. 2. Permitted Uses is hereby amended by adding new Item I, which reads as follows: I. Dwellings when combined with another, permitted use within the Highway Business Zone (B-1) along the County Road 69/State Highway 101/First Avenue corridor west of County Road 17/Marschall Road and east of Webster Street or a line running northwesterly along the eastern boundary of the Webster Street right-of-way. Section 2 -Effective Date. This ordinance becomes effective from and after its passage and publication. Adopted in regular session of the City Council of the City of Shakopee,Minnesota held the day of , 1998. Mayor of the City of Shakopee ATTEST: City Clerk Published in the Shakopee Valley News on the day of , 1998. PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee,MN 55379 CITY OF SHAKOPEE Memorandum TO: Planning Commission FROM: R. Michael Leek, Community Development Director SUBJECT: Text Amendment Regarding Residential Uses in the B-1 (Highway Business)District MEETING DATE: October 8, 1998 ITEM NO.: 11 INTRODUCTION: Staff received a request from the Council to prepare and process an amendment to the regulations for the B-1 District to allow residential uses in conjunction with other permitted uses like in the B-3 District. On August 6, 1998 the Commission reviewed proposed language, and recommended to the Council that it direct staff to prepare alternative language limiting the use to the C.R. 69 corridor. The Commission further recommended that the alternative language be further reviewed by the Commission. Accompanying this report is a draft ordinance containing the proposed, alternative language. ALTERNATIVES: 1. Recommend the proposed amendment as presented. 2. Recommend the proposed amendment with revisions. 3. Table the matter for additional information or other reasons. ACTION REQUESTED: Offer and pass a motion consistent with the Commission's wishes. R. Michael Leek Community Development Director ORDINANCE NO._,FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE,MINNESOTA, AMENDING CHAPTER 11,ZONING, SEC. 11.36.HIGHWAY BUSINESS ZONE (B-1), SUBD. 2 (PERMl'1"1'ED USES)BY ADDING ITEM I. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That City Code Chapter 11, Zoning, Section 11.36. HIGHWAY BUSINESS ZONE (B-1), Subd. 2. Permitted Uses is hereby amended by adding new Item I, which reads as follows: I. dwellings when combined with another, permitted use within the Highway Business Zone (B-1) located generally along County Road 69/First Avenue and west of County Road 17/Marschall Road. Section 2 -Effective Date. This ordinance becomes effective from and after its passage and publication. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held the day of , 1998. Mayor of the City of Shakopee ATTEST: City Clerk Published in the Shakopee Valley News on the day of , 1998. PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee, MN 55379 iy..0, CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Text Amendment Regarding Similar Uses DATE: October 20, 1998 INTRODUCTION&BACKGROUND Due to the need to provide clarification regarding similar uses and their review process, staff has prepared the following text amendment. At its October 8, 1998, meeting, the Planning Commission unanimously voted to recommend approval of the proposed text amendment to the City Council. Please find the October 8, 1998, memorandum attached for reference. Staff proposes to amend City Code in the following manner (language that is underlined is proposed to be added and language that is stfuekthfeugh is proposed to be deleted): Other uses similar to those permitted by the subdivision, as-determined upon a determination by the Board of Adjustment and Appeals, may be allowed upon the issuance of a Conditional Use Permit. ALTERNATIVES 1. Approve the text amendment as proposed. 2. Approve the text amendment with revisions. 3. Do not approve the text amendment. 4. Table the matter to request additional information from staff PLANNING COMMISSION RECOMMENDATION The Planning Commission has unanimously recommended approval of the text amendment. ACTION REQUESTED Offer Ordinance No. 528, and move its approval. 4-- ) it,tti /(A4--i'L uhe Klim Planner II is\commdev\cc\1998\cc 1020\tasimuse.doc ORDINANCE NO. 528,FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CHAPTER 11,ZONING, SECTION 11.02 (DEFINITIONS) THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA, ORDAINS: Section 1 - That City Code Chapter 11, Zoning, Sections 11.22 (Agricultural Preservation), 11.24(Rural Residential), 11.26 (Low Density Residential), 11.28 (Urban Residential), 11.30 (Old Shakopee Residential), 11.32 (Medium Density Residential), 11.34 (Multiple Family Residential), 11.36 (Highway Business), 11.38 (Office Business), 11.40 (Central Business), 11.42 (Major Recreation), 11.44 (Light Industrial) and 11.46 (Heavy Industrial), Subd. 3 (Conditional Uses), associated Items are hereby amended by adding the language which is underlined and deleting the language which is seugh: Other uses similar to those permitted by the subdivision, upon a determination by the Board of Adjustment and Appeals, may be allowed upon the issuance of a Conditional Use Permit. Section 2 - - Effective Date. This ordinance becomes effective from and after its passage and publication. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1998. Mayor of the City of Shakopee ATTEST: City Clerk Published in the Shakopee Valley News on the day of , 1998. PREPARED BY: City of Shakopee 129 Holmes Street South Shakopee, MN 55379 9. CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima, Planner II SUBJECT: Text Amendment Regarding Similar Uses DATE: October 8, 1998 INTRODUCTION Each zoning district listed in Chapter 11 of the City Code provides language regarding allowing uses similar to those conditional uses listed in said zone upon a determination of the Board of Adjustment and Appeals. The Code does not provide a clear approach to how such situations should be handled. Staff, therefore, is proposing a text amendment to clarify the process. DISCUSSION Each zoning district listed in the City Code lists those uses which are permitted in the zoning district. The Code then goes on to list those uses which are allowed with the approval of a Conditional Use Permit (CUP). Within the list of uses allowed with a conditional use permit is the following language: "Other uses similar to those permitted by the subdivision, as determined by the Board of Adjustment and Appeals. " The City Code is not clear as to the process associated with similar use determinations. In order to provide the necessary clarification on this issue, staff is proposing that the following language be added to the City Code. Language which is ctruckthrough language is proposed to be deleted and underlined language is proposed to be added. "Other uses similar to those permitted by the subdivision, as-determined upon a determination by the Board of Adjustment and Appeals, may be allowed upon the issuance of a Conditional Use Permit. It is the intent of this language to clarify that the process for similar uses is twofold. First, a determination must be made that a specific use is similar to those allowed with a CUP in a specific zoning district. Second, once a positive determination is made, application must be made for a Conditional Use Permit (CUP). With the review of the CUP, the Board of Adjustment and Appeals then has the ability to review for and put into place regulations which ensure that there is not any adverse impact on adjoining properties, etc. To ensure that the City is not reviewing multiple requests for identical "similar uses", upon a positive determination by the Board of Adjustment and Appeals, staff would initiate a text amendment to include the specific "similar use" within those uses listed as allowable with a CUP. Section 11.83, Subd. 2 of the City Code states, "the City Council may grant a zoning ordinance amendment when it finds that one or more of the following criteria exist." Based on these criteria, staff has prepared the following draft findings. Criteria #1: That the original zoning ordinance is in error. Finding#1: The original zoning ordinance is in error. Sufficient information regarding similar use determination is not provided in the zoning ordinance. Criteria #2: That significant changes in community goals and policies have taken place. Finding#2: Significant changes in community goals and policies have not taken place. Criteria #3: That significant changes in City-wide or neighborhood development patterns have occurred; or Finding#3: Significant changes in City-wide or neighborhood development patterns have not occurred. Criteria #4: That the comprehensive plan requires a different provision. Finding#4: The proposed amendment is not in conflict with the comprehensive plan. ALTERNATIVES 1. Recommend approval of the proposed amendment, as presented, to the City Council. 2. Recommend approval of the proposed amendment, with revisions, to the City Council. 3. Recommend denial of the proposed amendment to the City Council. 4. Table the matter for additional information. STAFF RECOMMENDATION: Staff recommends approval of the proposed amendment, as presented, (Alternative No. 1). ACTION REQUESTED Offer a motion recommending approval of the proposed text amendment to the City Council, and move its approval. , Julie Klima Planner II i:\commdev\boaa-pc\1998\1008\txtsmuse.doc 2 lye Pe CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Text Amendment Regarding Signs DATE: October 20, 1998 INTRODUCTION&BACKGROUND In response to recent discussions regarding signage, staff has prepared the following text amendment. At its October 8, 1998, meeting, the Planning Commission unanimously voted to recommend denial of the proposed text amendment to the City Council. Please find the October 8, 1998, memorandum attached for reference. Staff proposes to amend City Code in the following manner (language that is underlined is proposed to be added and language that is stfuekeugh is proposed to be deleted): Section 11.70, Subd. 10.A. 1. On the front of a building. Wall signs on the front of a building shall not exceed two square feet for each linear foot of the building wall on which the sign is mounted o . • ... . !! : . . - -- . Business complexes shall be allowed two square feet for each linear foot of the tenant's building wall on which the sign is mounted up to a . !! • • . - -- - . • - • . . . . .. . The front of the building is the wall of the building with the main entrance. 2. Not on the front of a building. Wall mounted signs on building walls other than the front if that wall faces a public right-of-way or private street or there is an entrance on the side of the building. These signs may have one square foot for each linear foot of the building wall on which the sign is mounted . . . . •• .•. !! • . .. - -- . Business complexes shall be allowed on square foot per linear foot of the tenant's building wall on which the sign is mounted . . . . ... . . !! . . . - -- - . ••. • - ALTERNATIVES 1. Approve the text amendment as proposed. 2. Approve the text amendment with revisions. 3. Do not approve the text amendment. 4. Table the matter to request additional information from staff PLANNING COMMISSION RECOMMENDATION The Planning Commission has unanimously recommended denial of the text amendment. The Planning Commission voted (5 to 1) to recommend to the City Council that the ordinance be unchanged and allow signage variations to be addressed through the Planned Unit Development (PUD) or Conditional Use Permit(CUP) processes. ACTION REQUESTED Offer a motion consistent with the preferred alternative, and move its approval. Should the City Council vote to approve the proposed amendment, an ordinance has been provided for consideration. �S1Ie I{h '/IIJJ�V lanner II is\commdev\boaa-pc\1998 1008\tasigns.doc ORDINANCE NO. 529, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CHAPTER 11,ZONING, SECTION 11.70(SIGNS) THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That City Code Chapter 11, Zoning, Sections 11.70 (Signs), Subd. 10 (Highway Business, Office Business, and Major Recreation Zone Regulations), Item A (Wall Signs)is hereby amended by adding the language which is underlined and deleting the language which is strueugh: 1. On the front of a building. Wall signs on the front of a building shall not exceed two square feet for each linear foot of the building wall on which the sign is mounted o Business complexes shall be allowed two square feet for each linear foot of the tenant's building wall on which the sign is mounted uta ., . !t . . . • •- . . - . • . ..• •• The front of the building is the wall of the building with the main entrance. 2. Not on the front of a building. Wall mounted signs on building walls other than the front if that wall faces a public right-of-way or private street or there is an entrance on the side of the building. These signs may have one square foot for each linear foot of the building wall on which the sign is mounted . • . . ..- . - e • . • • -- . Business complexes shall be allowed on square foot per linear foot of the tenant's building wall on which the sign is mounted . . . . - .•. . • - !! . • . - -- - •. - • •• - - - - Section 2 - - Effective Date. This ordinance becomes effective from and after its passage and publication. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1998. Mayor of the City of Shakopee ATTEST: City Clerk Published in the Shakopee Valley News on the day of , 1998. PREPARED BY: City of Shakopee 129 Holmes Street South Shakopee, MN 55379 e. CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima, Planner II SUBJECT: Text Amendment Regarding Business Signs DATE: October 8, 1998 INTRODUCTION The recent variance application for signage on the CUB Foods store identified some issues regarding signage for commercial properties. In light of this, the City Council has directed staff to prepare a text amendment to address these issues. As commercial properties continue to develop within Shakopee, it is evident that signage will play a large role in influencing aesthetics. Signage affects not only the commercial property that it serves but also impacts any adjacent neighborhoods, as well as, pedestrian and vehicular passers by. As a result of recent discussions, the City Council has directed staff to prepare a text amendment regarding wall signage in commercial areas. When researching information for this report, staff analyzed freestanding signage, as well as, wall signage in an attempt to provide a comprehensive approach to this issue. DISCUSSION Section 11.70 of the City Code currently provides the following language regarding freestanding and wall signage. Wall signs on the front of a building shall not exceed two square feet for each linear foot of the building wall on which the sign is mounted, up to a maximum of 200 square feet. Wall mounted signs on building walls other than the front if that wall faces a street or there is an entrance on that side of the building. these signs may have one square foot for each linear foot of the building wall on which the sign is mounted up to a maximum of 100 square feet. Free standing signs shall not exceed one square foot per linear foot of street frontage, not to exceed 150 square feet in area. No free standing sign shall exceed 20 feet in height. Staff has prepared a draft text amendment regarding wall signage. Based on the review of signage requirements of other cities, staff is not recommending that any changes be made to the current requirements of freestanding signage. Staff is proposing that the language be amended to delete the maximum square footage requirement. Therefore, the size of wall signage would be regulated by the amount of wall area available. The draft language is as follows, stRieklifetigh language is proposed to be deleted and underlined language is proposed to be added. Section 11.70, Subd. 10.A. 1. On the front of a building. Wall signs on the front of a building shall not exceed two square feet for each linear foot of the building wall on which the sign is mounted, up to a . - e e - .. - -- . Business complexes shall be allowed two square feet for each linear foot of the tenant's building wall on which the sign is mounted up to a ee . . - •• -- • .• . . ..' . The front of the building is the wall of the building with the main entrance. 2. Not on the front of a building. Wall mounted signs on building walls other than the front if that wall faces a public right-of-way or private street or there is an entrance on the side of the building. These signs may have one square foot for each linear foot of the building wall on which the sign is mounted . . . . ••• •-•. •• = e e - • • - -- . Business complexes shall be allowed on square foot per linear foot of the tenant's building wall on which the sign is mounted . . •• . • - e e .• - "" • - . - - Section 11.83, Subd. 2 of the City Code states, "the City Council may grant a zoning ordinance amendment when it finds that one or more of the following criteria exist." Based on these criteria, staff has prepared the following draft findings. Criteria #1: That the original zoning ordinance is in error. Finding#1: The original zoning ordinance is not in error. Criteria #2: That significant changes in community goals and policies have taken place. Finding #2: Significant changes in community goals and policies have not taken place. Criteria #3: That significant changes in City-wide or neighborhood development patterns have occurred; or Finding#3: The opening of Highway 169 has occasioned significant changes in development patterns in the city, which changes necessitates that this issue he addressed in the Code. Criteria #4: That the comprehensive plan requires a different provision. Finding#4: The proposed amendment is no! in conflict with the comprehensive plan. ALTERNATIVES 1. Recommend approval of the proposed amendment, as presented, to the City Council. 2 2. Recommend approval of the proposed amendment, with revisions, to the City Council. 3. Recommend denial of the proposed amendment to the City Council. 4. Table the matter for additional information. STAFF RECOMMENDATION: Staff recommends approval of the proposed amendment, as presented, (Alternative No. 1). ACTION REQUESTED Offer a motion recommending approval of the proposed text amendment to the City Council, and move its approval. jii lie Klima Planner II i:\commdev\boaa-pc\1998\1008\txamsign.doc 3 1Y. G- I CITY OF SHAKOPEE Memorandum TO: Mayor and City Council CONSENT Mark McNeill, City Administrator FROM: Tim Benetti, Planner I SUBJECT: Amendment to the Zoning Map -Rezone property from Highway Business (B-1)Zone to Old Shakopee Residential(R-1C)Zone APPLICANT: City of Shakopee DATE: October 20th, 1998 Introduction City of Shakopee is requesting that the Official Zoning Map be amended to rezone a site from Highway Business(B-1)Zone to Old Shakopee Residential(R-1C)Zone. The site is identified as the North One-Half of Block 169, Shakopee City Plat, located between Fillmore and Main Streets, and south of Bluff Avenue(see Exhibit A). A copy of the October 8th, 1998 Planning Commission staff report is attached for reference. Discussion The current 1995 Comprehensive Plan designates the subject site as "Park." However, Staff determined the land use map to be in error, with the subject property intended to be classified as"Single Family Residential." The Planning Commission recommended on September 7, 1995, and the City Council offered and adopted Resolution No. 4297(Exhibit B), dated September 19, 1995, amending the 1980 Comprehensive Plan and the Draft 1995 Comprehensive Plan. This resolution authorized the designation of the North One-Half of Block 169, Original Shakopee City Plat from"Park" to "Single Family Residential." At the October 8, 1998 Planning Commission meeting, the Commission was informed that part of this half-block(Lot 10)is owned by the city, and appears to be situated in the current Huber Park space. The Commission recommended the City Council to designate this lot in the 1998 Draft Comprehensive Plan to"Park," and request the change with the Metropolitan Council at a later date. This rezoning is in general compliance with the current Comprehensive Land Use plan for the city, and the City Council's original intent for this site. The subject property is located within the Metropolitan Urban Services Area(MUSA)boundary. Alternatives 1. Amend the Zoning Map to rezone the subject area from Highway Business(B-1)Zone to Old Shakopee Residential(R-1C)Zone. 2. Do not amend the Zoning Map. 3. Direct that the Comprehensive Plan be amended to reflect a different use for the subject site. 4. Table the decision and request additional information from the applicant or staff. Planning Commission Recommendation The Planning Commission has recommended Alternative No. 1. Action Requested Offer Ordinance No. 530,Fourth Series, and move its approval. Tim Benetti Planner I i:\commdev\cc\1998\cc1020\rz-bk169.doc ORDINANCE NO. 530, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING THE ZONING MAP ADOPTED IN CITY CODE SEC. 11.03 BY REZONING THE E NORTH ONE-HALF OF BLOCK 169, SHAKOPEE CITY PLAT,FROM HIGHWAY BUSINESS(B-1)to OLD SHAKOPEE RESIDENTIAL ZONE(R-1C) WHEREAS, City of Shakopee has requested the rezoning of land legally described as the North One Half (Lots 6-10), Block 169, Shakopee City Plat, from Highway Business (B-1) Zone to Old Shakopee Residential (R-1C)Zone; and WHEREAS, notices were duly sent and posted, and a public hearing was held before the Planning Commission on October 8th, 1998, at which time all persons present were given an opportunity to be heard; and WHEREAS, the Planning Commission voted to recommend approval of the rezoning of the property referenced herein to Old Shakopee Residential (R-1C)Zone, THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That the zoning map adopted in City Code Sec. 11.03 is hereby amended by rezoning land described as the North One-Half (Lots 6-10), Block 169, Shakopee City Plat, from Highway Business (B-1) Zone to Old Shakopee Residential (R- IC)Zone. Section 2 - Effective Date. This ordinance becomes effective from and after its passage and publication. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1998. Mayor of the City of Shakopee Attest: Judith S. Cox, City Clerk Published in the Shakopee Valley News on the day of , 1998. Prepared by: City of Shakopee 129 S.Holmes St. Shakopee,MN 55379 PC AGENDA ITEM#6 CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Tim Benetti, Planner I SUBJECT: Amendment to the Zoning Map-Rezone property from Highway Business(B-1)Zone to Old Shakopee Residential(R-1C)Zone DATE: October 8, 1998 Site Information: Applicant: City of Shakopee Location: North 1/2 of Block 169, southwest corner of Bluff Ave. &Main St. Current Zoning: Highway Business(B-1)Zone Adjacent Zoning: North: Medium Density Residential(R-2)Zone South: Highway Business(B-1)Zone East: Highway Business(B-1)Zone West: Agriculture(AG)Zone/Floodplain District 1995 Comp. Plan: Park* Area: .97 Acres, or 42,600 sq. ft. MUSA: The site is within the MUSA boundary. Attachments: Exhibit A: Zoning Area Map Exhibit B: Resolution No. 4297,Dated September 19, 1995. Exhibit C: 1995 Comprehensive Land Use Map Exhibit D: Sect. 11.34, Old Shakopee Residential(R-1C)Zone regulations Introduction The City of Shakopee is requesting amendment of the Official Zoning Map by rezoning the North One- Half of Block 169, Original Shakopee City Plat, currently zoned as Highway Business (B-1) to Old Shakopee Residential(R-1C)Zone. Please refer to Exhibit A for the location of the subject site. *Although the current 1995 Land Use Plan identifies the area in question as "Park,"said area should have been identified as "Single Family Residential,"per Resolution No. 4297, attached hereto as Exhibit B. This memo will further clarify this issue. Discussion The 1980 Comprehensive Plan designated the subject area as"Commercial." The draft 1990 and 1995 Comprehensive Land Use Plans (originally submitted to the Metropolitan Council), identified the subject area as "Park" space. It appears that the maps submitted with these plans omitted the north one-half of Block 169, and included the subject site in the adjacent Huber Park space area. The south one-half of Block 169 was designated"Commercial" in the 1995 Comp Plan. It appears the north one-half may have inadvertently been identified as commercial along with the south one-half City Staff confirmed the subject area existed primarily of single family residences, and recommended to the Planning Commission for an amendment to the 1980 and draft 1995 Comprehensive Plans. Property owners affected by this amendment were in complete agreement to revise their land use classification from"Park"to"Single Family Residential." At the September 7, 1995 Planning Commission meeting, staff recommended, and the commission agreed to recommend to City Council to amend the 1980 Comprehensive Plan and draft 1995 Comprehensive Plan, and the subject area be designated from"Park,"to"Single Family Residential." On September 19, 1995, the City Council offered and adopted Resolution No. 4297 (Exhibit B), amending the 1980 Comprehensive Plan and the Draft 1995 Comprehensive Plan to designate the North One-Half of Block 169, Original Shakopee City Plat as"Single Family Residential." Considerations 1. The Comprehensive Plan (Exhibit C) has set basic policies to guide the development of the City. The purpose of designating different areas for residential, commercial, and industrial land uses is to promote the location of compatible land uses, as well as to prevent incompatible land uses from being located in close proximity to one another. The Zoning Ordinance is one of the legal means by which the City implements the Comprehensive Plan. 2. Exhibit D provides a list of the uses, both permitted and conditional, that are allowed in the Old Shakopee Residential(R-1C)Zone. 3. The Land Use Chapter of the 1995 Comprehensive Plan designated this area as "Park". However, as indicated by the attached Resolution No. 4297, the area should have been redesignated as "Single Family Residential." The rezoning of the site to Old Shakopee Residential, as requested by the City, would be in conformance with the original intent of the 1995 Comprehensive Plan. 4. The purpose of the Old Shakopee Residential (R-1C) Zone is to provide an area for single family residential development where public sanitary sewer and water are available. These services appear to be available. Findings The criteria required for the granting of a Zoning Ordinance Amendment are listed below with staff findings. 2 Criteria#1 That the original Zoning Ordinance is in error; Finding#1 The original Zoning Ordinance is in error. The current Zoning Ordinance and related map were amended and adopted according to the 1995 Comprehensive Land Use Plan. The original zoning map identified the subject area as Highway Business (B-1) Zone, and not Single Family Residential. The original intent of the City Council was to have this area zoned single family, and not commercial as it exists today. Criteria#2 That significant changes in community goals and policies have taken place; Finding#2 Significant changes in community goals and policies have, as expressed in the Comprehensive Plan, taken place. Criteria#3 That significant changes in City-wide or neighborhood development patterns have occurred; or Finding#3 Significant changes in City wide or neighborhood development patterns have not occurred Criteria#4 That the comprehensive plan requires a different provision. Finding#4 The current Comprehensive Plan has identified this area for Park use. However, this use is inconsistent with the original intent of the City Council, which designated this area as Single Family Residential. Therefore, this request is in compliance with the Council intent in approving the land use plan in the 1995 Comprehensive Plan. Alternatives 1. Recommend to the City Council the approval of the request to rezone the subject property from Highway Business(B-1)to Old Shakopee Residential(R-1C)Zone. LtL,-. , tic et-A-i-s.t. /2/5 ,. L o t !a law l� 2. Recommend to the City Council the denial of the request to rezone property from Highway Business(B-1)to Old Shakopee Residential(R-1C)Zone. 3. Continue the public hearing and request additional information from the applicant or staff. Staff Recommendation Staff recommends Alternative No. 1, approval of the request to rezone the subject property from Highway Business(B-1)to Old Shakopee Residential (R-1C)Zone. Action Requested: Offer a motion to recommend to the City Council the approval of the request to rezone the subject property from Highway Business(B-1)to Old Shakopee Residential(R-1C)Zone. Tim Benetti Planner I i:\conundev\boaa-pc\1998\1008\rz-b1169.doc 3 NG JRBA \ / 0 \ gi3A16E 23 1 gpN&E 22. . ....-____:____•_. ♦ w•.„.. `t••••. _•,• %l.2'Ky•••. 't„•�::• .:t«.r• `•-•--r•j.•., •�•B. .4••t�:•;t•;: .• . :_ ,•.. .� f .fit t fr:.K� r :' • . • " • ..•. v. "t.{ . .� •I.• ••I.,1.••••j . 1. .1 • • • •P.• • •a • 44;;;•• ••• • • • •• • • • t. •... •.11.. ••qt•:n t • ��A(� .I•:'�'• •i I••t• '•'r • Y 1• 1 11110* •••t..�.••• •' •t •/ . .. ,•••• �•• ..•/ ••r•Y" '.J L. 4, -M}ra . �--ter. It __ r•• - 1 . t'• SITE '� rr►��►! tit 1 ,ti• , Su CTN:,p• arc-- 1© ..% BJE , •. �,�, = tell ore10 let rt ,•;t �. • ; • • r• • OS °!e 11111011111r►ra11........., • litata tint ! !!'3! f�� SO VISS:w. '�—��► '� 1114 �'�t' 41D10111i1 � 1►ZL�'. �11��i = �t i1'� t EIE44 11 0 4L1► � C p�;�1 ��-� 0 t� P• 101111%1U X111 ���o _ �+� ; 0 ,�1�;1p 4111 St IdD'�` MN °�e�o 11,0 pplr 0 111�� -OS p14� o1itp p F. „a '' X11 t Ow • ,�114p1�11��1�- 40 OS • , 1 p1 ��1�10 �+: 0141 d, • ©11th ��'r111 El - 4 u w1 MIS a1t,� tit. mu % �� `pt ets - : 4D11 tool SW 4'" , Tat � X1!14114 /�1► a�1 111���" _ ti i.4gD j Si% d1S�' tag p111a �,`a ��iplQ'�1 0 �,�� 41110 ���°• 17a gat �4r110 p1111 1� — � 11�1 41111' . � 0� Jut1, .= �' Sill rata O •� �� iii .� p1 p1111iNM I • : ,;sem S , �1 n.carers ,������'� 301 2 ii �: �rrro til aSOCOL t rlr —�1�111e = �� 40 IS p1`�Dd p1414 OR 1►IEpd �1F i/5 � Bill 0�Es 'iE 6liCiiift mos r,j, 41!.40 t4►44 1D14 tit t1 a!i�i1`� 1D31 � 5151111"0, m�� 1111 4 t•'- .,, �s It v 41114 olgo11 3�.✓E. I , , e 7 Diel mi 'rti�r tiu I,. . �� _ 1 '� pI% 1 Q44'1 tip •oil. :111111 111 1111 11110► �— 'o .„12 ...-1 to �� n. . :�n._ rm =MN bow lima am al , '111111®{� y1a NMI agni 01 4:A11.11 EXHIBIT A NSI 11111 111110 __"'_ r �nr • • Ari I I . EMI I U u I I m 1 , 1 1 • •M RESOLUTION NO. 4297 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING THE 1980 COMPREHENSIVE PLAN AND THE DRAFT 1995 COMPREHENSIVE PLAN TO DESIGNATE THE NORTH ONE-HALF OF BLOCK 169, SHAKOPEE PLAT, AS SINGLE FAMILY RESIDENTIAL. WHEREAS, the Shakopee City Council did approve the 1980 Comprehensive Plan which designated the north half of Block 169, Shakopee Plat as"Commercial"on August 4, 1981; and WHEREAS, the Shakopee City Council did approve the draft 1990 Comprehensive Plan which designated the north half of Block 169, Shakopee Plat as"Park"; and WHEREAS, the Shakopee City Council did approve the draft 1995 Comprehensive Plan which designated the north half of Block 169, Shakopee Plat as"Park"in April of 1995; and WHEREAS, it appears to the Shakopee City Council that the omission of the north one-half of this block from both the draft 1990 and the draft 1995 Comprehensive Plans may have been in error, and the City did not intend to designate the area as a part of Huber Park; and WHEREAS, a public hearing must be held before an action can be taken to amend the 1980 Comprehensive Plan and the draft 1995 Comprehensive Plan, and that ten days notice of the public hearing must be published in the official newspaper of the City; and WHEREAS, notices were duly sent and posted, and a public hearing was held on September 7, 1995, at which all persons present were given an opportunity to be heard; and WHEREAS, the Planning Commission voted to recommend that the City Council amend the 1980 Comprehensive Plan and the draft 1995 Comprehensive Plan to designate the north one- half of Block 169, Shakopee Plat, as Single Family Residential. NOW, WHEREFORE BE IT RESOLVED BY 'litE CITY COUNCIL OF 1'HE CITY OF SHAKOPEE,MINNESOTA,as follows: That the 1980 Comprehensive Plan, adopted on August 4, 1981, and the draft 1995 Comprehensive Plan, is hereby amended to designate the north one-half of Block 169, Shakopee Plat, as Single Family Residential. EXHIBIT B.1 Adopted in - session of the City Council of the City of Shakopee, Minnesota, held the •'/1 -0 day of ,1, , 1995. Mayor of i of Shakopee ATTEST: City Clerk S ri APPROVED AS TO FORM: City Attorney • EXHIBIT B.2 I',! �, t,'%*...,:, t ' `fri3k VI N,‘, f „: .`§IAN \ .a a < -N 8• , fVti \ 4 t � tH 1 1 '� a§fsWA3a w �i� '; ' RI' . .._..�-' .4.;:.3::1.... ,,,,,,...:-,..h....-;.,...t [::.tet!,. aY3A.,.3 w# �•%�°'{ •' ."� i „ ��. t ;,:1' Pd 1 ( ' T.TI*014.,.‘-.A. ,•-ve,l'il‘''': 3!`ia ` p ' �1yy ,7 5 ' f` t jJy ' cl ,Att ut k4 :t71�t ) ,•tw,,, -'`E� '-,ii t rt � 4t:A.,.. --- , .t.--..''' 1-I ).)1 A ,,'.4 .,.. '.,7 . \ , t to ,.., 1 , , .0 . ..�f FRI„_.�,_ JUI[•I \J\ .: t4 !! ,° \ ;�\ i , �]fJiby4{, ' s f S.. \'ti\ `s ,3a;S�`^fes , 1 ,a'. i�.. 1�. y 1 �\ � it jJ i `\, � ,,..� ,) r,,i 'n,x� \' y �'"�i :`j--- C-I -- .,.s f/! \p e ;4c.3 11,y\^'^'tet : �” k•-,';L.•,:lp...,!, . . -2..,... ::'-'.', 4-.., mIx.,,A.,,,t4i N-,...„h- ,.,,• b,,, i„,,,,'N:..,-..' . Mt Jt \ \ e Y(R i „. '' '''O'''.\ '3.. tit S ill it - * ' ~ j'''.-....''' �,,k ,,}" \ .� "'' 11 1-7,1 v� As. • N. ! �' ,-,,,o,,....- 4�J�. lit *,, Lam./f -, \ 2' l ., z. '�t' �.�. µ z., .04z,t „-E- �y }�"' /\mss\ . ! '�a�,\"t y�$ N..., (, f^ '�•� anti x `."F`°:Q ii � j"'."^" . , • {A. \ t it : s‘1 \ cr'\4 -" TAY ,4;,', 44 f § J L �\ u {fir �1 4 1F,1} .,J� ` i��, ,tea\a, — , ' ' 11 li i a �� ..`• � 1 \ \tiai t Y eve�� f o- a i Z ' O c m G R• N: o ,z. ro '• ; 3 N z (SO > m 5c M mQ v a No W 5. o oa O(T7 3> . x., < a. 3 =9� -ri Zr �ti . C ?@Cn O D tl (D LD 111��) t•�- a x (]'.'�� I `� D a Q 'V .� �7 CI fit. :It, V z p - .b 41 bJ 1 µ Q Y t.{i 1116et';F+S n6: 1_7 (n w N 7-1 N > R wi ham: ..\ - i^. a... urt I .._____.,_- .�..,.,....,..��.,.., _..._.,�..�.._.,..:w.._..,..- § 11.30 SEC. 11.30. OLD SHAKOPEE RESIDENTIAL ZONE (R-1C). Subd. 1. Purpose. The purpose of the Old Shakopee residential zone is to provide an area for the continuation of existing residential development and development of existing lots in the older residential areas where public sanitary sewer and water are available. -The combination of small lots is encouraged. Subd. 2. Permitted Uses. Within the Old Shakopee residential zone, no structure or land shall be used'except for one or more of the following uses: A. single family detached dwellings; - B. single family attached dwellings, up to a maximum of two dwellings; C. two family dwellings; D. public recreation; • E. utility services; F. public buildings; G. day care facilities serving 12 or fewer persons; H. group family day care facilities serving 14 or fewer children; or I. residential facilities serving six (6) or fewer persons. Subd. 3. Conditional Uses. Within the Old Shakopee residential zone, no structure or land shall be used for the following uses except by conditional use permit A. churches and other places of worship; B. home occupations; C. cemeteries; D. hospitals and clinics; E. public or private schools having a course of instruction approved by the Minnesota • Board of Education for students enrolled in K through grade 12, or any portion thereof; F. bed and breakfast inns; G. funeral homes; H. utility service structures; I. day care facilities serving 13 through 16 persons; p.9.revised in 1996 1130 EXHIBIT D. § 11.30 J. residential facilities servicing from 7 through 16 persons; K. relocated structures; L structures over 2-1/2 stories or 35 feet in height; .• M. developments containing more than one principal structure per lot; or N. other uses similar to those permitted by this subdivision, as determined by the Board • of Adjustment and Appeals. Subd. 4. Permitted Accessory Uses. Within the Old Shakopee residential zone, the following uses shall be permitted accessory uses: A. garages; • .• B. fences; • C. recreation equipment; D. gardening and other horticultural uses not involving retail sales; E. swimming pools; F. tennis courts; G. solar equipment; or H. other accessory uses, as determined by the Zoning Administrator. Subd. 5. Design Standards. Within the Old Shakopee residential zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following requirements: A. Maximum density: 7.5 dwellings per acre. Streets shall be excluded in calculating acreage. B. Maximum impervious surface percentage: 50% C. Lot specifications: Minimum lot width (single-family detached): 50 feet; (two-family dwelling): 70 feet Minimum lot depth: 100 feet Minimum front yard setback: 30 feet, except that the minimum setback shall be equal to the average setback of other principal structures on the block when the applicant proves that there are more than two other existing principal structures on the block, and those structures have an average setback of less than 30 feet. Pop nwu.d n 1996 1131 EXHIBIT D. § 11.30 If there are fewer than three other existing principal structures on the block, the setback is 30 feet. Minimum street side yard setback: 10 feet, except that the minimum setback shall be equal to the average street side yard setback of other principal structures on the block when the applicant proves that the other existing principal structures have an average setback of less than 10 feet. ' Minimum interior side yard setback: 5 feet; or one side at 3 feet and the other side at 7 feet Minimum rear yard setback: 30 feet Minimum rear yard setback for accessory structures: 5 feet D. Maximum height No structure shall exceed thirty-five (35) feet in height without a conditional use permit Subd. 6. Additional Requirements. A. All dwellings shall have a depth of at least 20 feet for at least 50 percent of their width. All dwellings shall have a width of at least 20 feet for at least 50 percent of their depth. B. All dwellings shall have a permanent foundation in conformance with the Minnesota State Building Code. (Ord. 31, October 25, 1979; Ord. 60, May 14, 1981; Ord. 159, February 28, 1985; Ord. 264, May 26, 1989; Ord. 377, July 7, 1994; Ord. 435, November 30, 1995) SEC. 11.31. Reserved. (The next page is 1151.) • pegsrevaea in 1996 1132 EXHIBIT D.3 11. H. CITY OF SHAKOPEE Memorandum TO: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Text Amendment to City Code Chapter 12 Regarding Park Dedication MEETING DATE: October 20, 1998 INTRODUCTION: The City Council directed preparation of an amendment to the park dedication provisions of the subdivision code. Currently the amount of park dedication to be collected with a building permit is set at the time the plat is approved by the City. The result is that if payment is deferred for a significant time the fee ultimately collected may be less than the currently approved fee. Council's wish is that the park dedication fee collected at the time of building permit be the fee in effect in the City's fee schedule. The result of the proposed change over the long run is that the City is likely to collect greater park dedication fees than are currently being collected. ALTERNATIVES: 1. Approve Ordinance No. 531 as presented. 2. Approve the proposed amendment with revisions. 3. Do not approve the proposed text amendment. 4. Table the matter to request additional information from staff. PLANNING COMMISSION RECOMMENDATION: The Planning Commission reviewed the proposed text amendment at its October 8, 1998 meeting, and recommended approval on a 6-0 vote. ACTION REQUESTED: Offer and pass Ordinance No. 531. /e4-‘14 R. Michael Leek Community Development Director i:\commdev\cc\1998\1020\txtprk.doc ORDINANCE NO. 531, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CHAPTER 12, SUBDVISION REGULATIONS, SUBD. 5, ITEM 2.u. REGARDING PARK DEDICATION. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That City Code Chapter 12, Subdivision Regulations, Subd. 5, Item 2.u. is hereby amended as follows: u. Required land dedication and/or payment of fees in lieu of land dedication shall be required at the time of final subdivision approval. However, at the request of any party submitting a plat, the Council may, at it's exclusive discretion, . - --- . . . - . .. . - - . - .. ..- • . . . . . -- . ., . --- . . . . . . . . . , . . • . enter into a contractual agreement with said developer to allow said payment to be deferred until a building permit or permits are issued for the lots in said plat. Any such deferment shall be in accordance with the park dedication fees in effect at the time of final plat approval of issuance of the building permit(s). . . . ' - .- . . . . • . , •- . --- . . against-the-PfepeftY, Section 2 - Effective Date. This ordinance becomes effective from and after its passage and publication. Adopted in regular 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 Ordinance No.531 Published in the Shakopee Valley News on the day of , 1998. PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee,MN 55379 CITY OF SHAKOPEE 1cM. !. POLICE DEPARTMENT Memorandum TO: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: Dan Hughes, Chief of Police (I f SUBJECT: Acceptance of Resignation-Officer Bryan Koch DATE: October 16, 1998 INTRODUCTION: Council is asked to accept the resignation of Police Officer Bryan Koch, effective October 26, 1998, and request the Shakopee Civil Service Commission to start the process for his replacement. BACKGROUND: Attached is a letter of resignation from Officer Bryan Koch indicating PERA has granted him a medical retirement. Officer Koch began his employment on January 14, 1987 as a police officer and has served the City and its residents very well during his years of service. Staff is requesting that the Police Civil Service Commission be requested to begin the process to fill the vacancy. RECOMMENDATION: Staff recommends that Officer Bryan Koch's resignation be accepted and that the Police Civil Service Commission be requested to fill the vacancy. In addition, as this is a medical retirement, an agreement should be entered into between Bryan Koch and the City wherein Mr. Koch stipulates to his permanent disability, in exchange for the health insurance coverage provided for in State law. ACTION REQUESTED: 1. If the Council concurs, it should be by motion, accept the resignation of Bryan Koch, police officer for the City of Shakopee, effective October 26, 1998. 2. Move to request that the Police Civil Service Commission fill the vacancy. 3. Approve the attached agreement. 11111"likall SHAKOPEE DAN HUGHES Police Department Chief of Police • October 12, 1998 Shakopee Civil Service Commission Shakopee City Council Shakopee City Administrator, Mark McNeil This letter is to inform you of my resignation from the Shakopee Police Department effective October 26, 1998, as I have been approved for a medical retirement with PERA. My service with the department over the past 12-1/2 years has been memorable. I will miss my friends and colleagues . I am grateful for being given the opportunity to fulfill my dream of being a police officer, which unfortunately has been cut short due to my medical status. Respectfully, Bryan D. Koch COMMUNITY PRIDE SINCE 1857 476 Gorman Street • Shakopee, MN • 55379-2638 • Phone: 612-445-6666 • Fax: 612-445-2313 AGREEMENT THIS AGREEMENT, is made between the CITY OF SHAKOPEE ("City") and Police Officer, BRYAN D. KOCH ("Koch") as of the 20th day of October, 1998. WHEREAS, Officer Koch has served the city as a Police Officer and now wishes to terminate based on a physical disability; and WHEREAS, Officer Koch has submitted a physician's report indicating that Officer Koch is no longer physically able to perform the duties of a police officer; and WHEREAS,PERA has determined that Officer Koch qualifies for disability benefits; NOW,THEREFORE, City and Koch agree as follows: 1. Koch will permanently terminate based on disability status effective as of October 26, 1998, and will no longer be employed by City as police officer from that date forward. 2. Koch shall be eligible for continued health insurance coverage as set forth in Minnesota Statutes, Section 299A.465, and the City shall be entitled to reimbursement from the Department of Public Safety for such costs. CITY OF SHAKOPEE By Mayor Bryan D. Koch By City Administrator By City Clerk AGREEMENT THIS AGREEMENT, is made between the CITY OF SHAKOPEE ("City") and Police Officer, BRYAN D. KOCH("Koch")as of the 20th day of October, 1998. WHEREAS, Officer Koch has served the city as a Police Officer and now wishes to terminate based on a physical disability; and WHEREAS, Officer Koch has submitted a physician's report indicating that Officer Koch is no longer physically able to perform the duties of a police officer; and WHEREAS,PERA has determined that Officer Koch qualifies for disability benefits; NOW,THEREFORE, City and Koch agree as follows: 1. Koch will permanently terminate based on disability status effective as of October 26, 1998, and will no longer be employed by City as police officer from that date forward. 2. Koch shall be eligible for continued health insurance coverage as set forth in Minnesota Statutes, Section 299A.465, and the City shall be entitled to reimbursement from the Department of Public Safety for such costs. CITY OF SHAKOPEE By Mayor Bryan D. Koch By City Administrator By City Clerk 1 ' t3. J, CITY OF SHAKOPEE ,.. MEMORANDUM To: Mayor and City Council ... „/ Mark McNeill, City Administrator From: Mark McQuillan, Parks and Recreation Director Subject: Parks Capital Improvement Program Adjustment Date: October 13, 1998 INTRODUCTION Staff is requesting Council's approval to revise the 1999 Parks 5 Year Capital Improvement Program(CIP). BACKGROUND At its October 6, 1996 meeting, Council directed staff to apply for a Youth Enrichment Grant to expand the Community Youth Center in Lions Park. In doing so, the City must demonstrate it has set asside funding for the project. Therefore, staff is proposing the CIP be revised to show funding has been identified for the project. . Staff is proposing to shift $200,000 from the $400,000 for Tahpah Baseball Stadium Improvements to the Community Youth Center Expansion Project as shown in Exhibit A. If the City is unsuccessful in obtaining the grant, the funds could be shifted back to the baseball stadium or for other park projects. If the City is approved for funding, it can begin construction in year 2000. The City's portion of the 2-1 matching funds would be about $67,777 and the State's contribution would be about $133,333. ALTERNATIVES 1. Approve the amendment to the Parks 5 Year Capital Improvement Program. 2. Do not approve changes to the Parks 5 Year Capital Improvement Program. 3. Table for further information from staff However, there is an October 30 deadline for the grant application. STAFF RECOMMENDATION Alternative#1 ACTION REQUESTED Move to amend the 1999 Parks Five Year Capital Improvement Program to include the Community Youth Center Expansion Project for year 2000. 'CTIA/ ark . McQuillan Parks and Recreation Director Exlittb , .1) 1 0 o O N + O O N ) 0U O . ♦+ 0 a) 0 o_ o N N O p I— O O N C a) a) C a) y ca a co Ol N N CC1 o ra)a) N N o E .. .U) N ai C d D) o as = C p) a7 a O` C C O O) L Y C L w C 0 a1( 0 m O E E 0 } ' l0 N L wi o C j 0 C (p N C NW a) 0 O 1>" C E O 0 C9 tT pai (a N r .- E C Qlaa) ! o. E to v 0 c 03 c x c 0 O U :.ow E E � -, Ra0i2 a� U E o da 0aa) tiU 0 - < 0Q 0 o tL O O I.- M O I O O (0M O -- ' U O O (O M O O O (o M O "•'1 �:` x' 00 N N .- Nt ': y, 1i ,,. • � o ' g►trt ,R y >- ( fi r 13h y ' . 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O N c C Q'O) O C C Q X , (0 C U O geo•r' y # }' c) n o c F- m a) a) id o a) id I. .WOW: f*OVA..its w1i tf.j a w U w u_ 0UF- 0_ 00CCI— 01100t1i1t+: y+tt 1 i..•i m*/ tt:Itttfitfl d Q m *'T:,:crtfl.: mitt tt4' II:#t REVISED 10/20/98 CITY OF SHAKOPEE MEMORANDUM To: Mayor and City Council Mark McNeill, City Administrator From: Mark McQuillan, Parks and Recreation Director Subject: Parks Capital Improvement Program Adjustment Date: October 13, 1998 INTRODUCTION Staff is requesting Council's approval to revise the 1999 Parks 5 Year Capital Improvement Program(CIP). BACKGROUND At its October 6, 1996 meeting, Council directed staff to apply for a Youth Enrichment Grant to expand the Community Youth Center in Lions Park. In doing so,the City must demonstrate it has set aside funding for the project. Therefore, staff is proposing the CIP be revised to show funding has been identified for the project. . Staff recommends reducing the proposed funding for Tahpah Baseball Stadium Improvements from$400,000 to $200,000 in 1999 and shift$200,000 for the expansion of the Community Youth Center in year 2000. See Exhibit A. If the City is unsuccessful in obtaining the grant,the funds could be shifted back to the baseball stadium or for other park projects. If the City is approved for funding, it can begin construction in year 2000. The City's portion of the 2-1 matching funds would be about$67,777 and the State's contribution would be about$133,333. ALTERNATIVES 1. Approve the amendment to the Parks 5 Year Capital Improvement Program. 2. Do not approve changes to the Parks 5 Year Capital Improvement Program. 3. Table for further information from staff. However,there is an October 30 deadline for the grant application. STAFF RECOMMENDATION Alternative#1 ACTION REQUESTED Move to amend the 1999 Parks Five Year Capital Improvement Program by reducing the proposed funding for the Tahpah Park Baseball Stadium Project from$400,000 to$200,000 in 1999 and shift$200,000 for the expansion of the Community Youth Center in year 2000. Mark . McQuillan Parks and Recreation Director O 0 Oo N + > I O p w O N O Q C O cola C .4‹. ;T:i an .0 CCI I N C O po l0 y typ O V 1- N m O W 7 - U .- -,Q 1 ' 1 y �N U t in CO d c , ..� O O N m l0 �V f0 o C ` L L V\Vlt, F' � .coo oc rn O O "' E = O U - ` co 0 I i '� •'-' w .c 4:.OA'' E C w O Cl) o to ... .- Z O N N ti) Ol y w l0 O cn C_ U O d E co a) E OC N <0 N 4-' •C U X 3 E n d v E ul _a L" o R 'O E w H w ., c 0 y — N C W 2 N O l0 d 0 a o_. E o ul E N RI al C N N w N ` CO-I- X 'N N m 3 N O O - r 7 w k_ C O . 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Z V c . ti) al a) i } E E + U ✓ m 0 I' aJ ( . •i d O c > O C N O ,- O E d W 0 m p C C a1 E w (� (� rn m N O 0 % E c � 'a H a �, c c rn r) 01 = 3o 0p 1- 03 Co N W .O E s E N .V R N co } m O 'o d 0 0 U . Q O . O D da a r- co 0 __^ ^--�-- UO O cp0M O ,, ` A co M. o O N N (O 0 r n;s4'. _:' .. is 10 �} : 'cwt „... . , w , :X- -VI,;i$A...al.ri• ' nal sir„, - , -- Iii,`�i ' • ri,. 0, . 4-." - t#III 3tl . I tts»k t as c6 E![ ! X« N^ t'a 4.) ce to ,w iy n« xsi ,,3 .. N ttl } a.ti '� 'w l' 3 U to Ift: IIs:^.'."t;1.,i -•«i j ) a a. t� .._,,,A1116 -at v ...4.fri a g L_ IS it • I ••R.7„�tt 7 , t is .i i.a} H l.6 tiwrrrrr4: C iRS: 1•s t}tft! 4 y Lf. O 1 xtl••Yffltttlttl tttff ��"'• «� '" E Ef. � a)E rnQ � � C d I, mI'•Is t1 t4� Si1 j N C C al 7 C O d a) V to , .t3Mit:t$13ittl sitf 1I' • W p O ) C O l a ° AIMS Eli,"', 'iia tt ;It`w m o 5 X "E E 'C v,LL E O w c c Aslttlift lunttri 1��i ;t k!� ks. .= N - `O 06 > N C 61 U O = fl Hi llit t , It, �: d C c c O 0 c C xc Y C C U J p 38f t+"1 1 t�t1N lir a 1 .I h . EE }}fi�b1 It V U a l0 O C I— 3 W tQ l0 l6 N O a1 c@ I- ani•kkt}t4ly1,n1011 it al wJU - W U- 001- 11 (.90X1- sow**. 43!}OROItn Oft { ;, 0 : it" • •tRtftl1 thtitt17tff{ a. Q m KIVITM:" *tiu1 411'..,'tl:t#1. ...?.. .N'• 1s . b. 2 CITY OF SHAKOPEE eo .3k)---1 MEMORANDUM To: Mayor and City Council Mark McNeill, City Administrator From: Mark McQuillan, Parks and Recreation Director Subject: Construction of Hockey Rink in Lions Park Date: October 20, 1998 INTRODUCTION Staff is requesting Council's approval to proceed with the construction of an outdoor hockey rink in Lions Park. BACKGROUND In 1997, the City Council adjusted the 1998 Park Five Year Capital Improvement Program to include $12,000 for the replacement of the old hockey boards at the site of the former Valley Ice Arena (bubble) in Lions Park. Weather permitting, the Public Works Department would like start construction this Fall. ALTERNATIVES 1. Approve funding for the outdoor hockey rink in Lions park 2. Do not approve funding for the outdoor hockey rink in Lions park 3. Table for further information from staff. RECOMMENDATION Alternative#1 ACTION REQUESTED Move to approve the construction of an outdoor hockey rink in Lions Park with funding to be allocated from the Park Reserve Fund not to exceed $ 2,000. Mark J. McQuill j Parks and Recreation Director CONSENT CITY OF SHAKOPEE /$ , C • i Memorandum TO: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Contract with Dakota County Technical College for Computer Training Services MEETING DATE: October 20, 1998 INTRODUCTION: The City of Shakopee has not had computer skills training program for City staff Staff believes that it is desirable to implement one in order 1)to maximize the efficiency and productivity of staff, and 2)to keep City staff's skills up-to-date as computer applications are updated. Staff and the Joint MIS Coordinator, Larry Dushek, reviewed several training options and have concluded that the services provided at Dakota County Technical College are the best option at this time. Council is asked to authorize the appropriate City officials to execute the attached contract for services. The contract is premised on the cities of Prior Lake, Savage and Shakopee committing to the services. The contract commits the City to about $6,000.00 worth of training hours. This is payable in 2 installments, 1998 and 1999. The draft 1999 budget does contain funds for this purpose. It is anticipated that the 1998 installment would be covered by remaining funds for training in individual departments. ALTERNATIVES: 1. Approve the attached agreement with Dakota County Technical College, and authorize the appropriate City officials to execute said contract. 2. Approve the attached contract with revisions. 3. Do not approve the attached agreement. 4. Table the matter to request additional information from staff. ACTION REQUESTED: Offer and pass a motion to approve the attached agreement with Dakota County Technical College, and authorize the appropriate City officials to execute said contract. ,1"c R. Michael Leek Community Development Director 11?IP1IZEIJ ithe (Ansoca State Colleges and Universities Commission onAccredInstitutionsedby of tHigher Education Equal Opportunity Educator/Employer North Central Association of Colleges and Schools DAKOTA COUNTY TECHNICAL COLLEGE September 3, 1998 Mr. Larry Dushek MIS Director Cities of Savage, Shakopee and Prior Lake 16200 Eagle Creek Ave. SE Prior Lake, MN 55372 Dear Mr. Dushek: Here is the updated quote with the changes you requested. The changes are outlined in the Executive Summary in the overview session and include:100 hours of training, a one year contract period,the right to cancel after five sessions, and billing guidelines. As before, if you have any questions, or if you would like to talk over the quote in more detail please call or e-mail me. Sincerely, Brad Howard E 1300 145th Street East (County Road 42) • Rosemount, MN 55068-2999 • (612) 423-8292 FAX (612) 423-8762 Dakota County Technical College Customized Training Customized Training of Dakota County Technical College will work with the cities of Savage, Shakopee and Prior Lake to provide curriculum and training in the following areas: • Microsoft Word • Microsoft Excel • Microsoft Access • Microsoft PowerPoint • Microsoft Window 95 Training in these areas will include options for basic, intermediate and advanced classes as dictated by the needs of your employees. An overview of the training proposal guidelines includes: 1. The cities of Savage, Shakopee and Prior Lake will host an established number of classes in any combination of the aforementioned areas based on the proposed contract of 100 hours. 2. The contract will be for a one-year duration and any training hours beyond the 100 contracted will be billed at$120 per hour provided it is within the year time frame. 3. Either side can cancel the contract after five training sessions if dissatisfied with the program. 4. Dakota County Technical College will bill each City for their proportional costs of training based on the number of students attending from that city. 5. Duration of training sessions will vary based on the course and on your needs and can be four, six and eight hours. 6. The maximum number of students per class will be approximately 12, based on an ideal student/instructor ratio 7. There is no minimum requirement for number of students per class. 8. Training will be conducted at your work-site with our IBM ThinkPad computers. 9. Training sites will vary between the three cities, with block scheduling guidelines observed—i.e. 2-5 days of training at the same site. 10. Block scheduling allows for 10 set-ups with no additional cost. However, if more than 10 set-ups occur within the contracted 100 hours, a$150 dollar set- up cost will be charged to the cities. 11. Computer labs will be broken down each day and stored in a secure area at the work-site. 12. DCTC will be responsible for set-up, usage, and take down of the portable laptop computers. 13. Textbooks and materials are not included in the quote, but can be provided on an optional basis. 14. DCTC will provide instructors for the courses. Proposal for Training Page 2 Dakota County Technical College Customized Training Dakota County Technical College is a member of Minnesota Sate Colleges and Universities (MnSCU), a statewide system of State Universities, Community Colleges and Technical Colleges. MnSCU offers a wide array of educational opportunities and resources including more than 1200 distinct academic and 175 graduate programs from seven state universities, 10 technical colleges, 8 community colleges, and 1 ltechnical colleges (a total of 36 colleges and universities)located in 46 communities. Dakota County Technical College is fully accredited by the Commission on Institutions of Higher Education and by the North Central Association of Colleges and Schools (NCA). The college is one of only two stand-alone technical colleges within the metro area to have achieved NCA accreditation. The quote for training is for 100 hours of training in the aforementioned areas. Any combination of courses can be applied to meet the 100-hour requirement. Training Cost per Hour $120.00 This quote is subject to the guidelines in Executive Summary section of this document, including: • Block scheduling of classes. • Secure storage area for computers left at work-site facility. • Maximum of 12 students per class. • Minimum number of training sessions based on the option selected. The proposal includes: • Lab set-up and tear-down for up to 10 sessions with a$150 dollar charge for sessions after the initial 10. • Computer usage during class time. • Installation of appropriate software. • Instructor led training • Curriculum development. The proposal does not include textbooks, but textbooks are available on an optional basis for approximately$19.00 per book. Proposal for Training Page 3 /5 D. 1 CITY OF SHAKOPEE Memorandum CONSENT 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 20, 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 $673,282.44. Costs associated with administration and engineering for the project totaled $123,711.63. The attached resolution shows how these costs are being paid and the total cost to be assessed. The amount declared to be assessed is $643,279.12 and the amount estimated to be assessed in the feasibility report for this project is $699,222.53. The City's share for street and storm sewer oversizing is $140,912.83 and Shakopee Public Utilities Commission's oversizing is $12,802.12. 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. sip :ruce Loney , Public Works Director 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 $673,282.44 and the expenses incurred or to be incurred in the making of such improvements amounts to $123,711.63, so that the total cost of the improvements will be $796,994.07. Of this cost the City of Shakopee will pay $140,912.83 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 $643,279.12. 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 17th 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 1S% O, __ . CITY OF SHAKOPEE `/ ENT Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Assessment Hearing for Southbridge Parkway Collector Street,Utilities, Landscaping, Irrigation, Lighting&Restoration, Project No. 1997-4 and 1997-4A DATE: October 20, 1998 INTRODUCTION: Attached is Resolution No. 5004, Declaring the Cost to be assessed and Ordering the Preparation of Proposed Assessments for the Southbridge Parkway Collector Street, Utilities, Landscaping, Irrigation, Lighting and Restoration, Project No's 1997-4 and 1997-4A. BACKGROUND: The City Council ordered the preparation of plans and specifications by Resolution No. 4785 on November 5, 1997 for the improvements to Southbridge Parkway within the East Dean Lake Planned Unit Development. The City Council approved Resolution No. 4883, awarding the contract to S.M. Hentges & Sons, Inc. of Jordan, Minnesota for $2,851,854.12 for the street and utility portion. City Council approved Resolution No. 4967, awarding a contract to Braun Turf Farms of Hampton, Minnesota for $911,931.83 for the landscaping, irrigation, lighting and restoration improvements for the project. The improvement costs have been identified and the total construction costs for the project are projected to be $4,227,157.38. Costs associated with administration, engineering, legal and land acquisition for the project are projected to be $892,476.52. A breakdown of the costs associated with the various project items are as follows: Street Cost $1,417,532.25 Sanitary Sewer $ 500,012.63 Watermain $ 603,310.94 Storm Sewer $ 769,370.56 Landscaping $ 93,931.00 Right-of-Way $ 147,216.52 Indirect Costs $ 745,260.00 Total $5,119,633.90 The funding for this project is mainly through assessments to the Southbridge Addition property, both residential and future commercially guided property and a parcel acquired by Mn/DOT with the T.H. 169 project. The City is participating in the cost of bituminous trails along Southbridge Parkway, sanitary sewer oversizing and the Dean Lake Bypass storm sewer and channel construction. The City will be reimbursed approximately $50,000 from the Lower Minnesota River Watershed District and $50,000 from the Prior Lake - Spring Lake Watershed District for the Dean Lake Bypass channel. Shakopee Public Utilities Commission is also participating in watermain oversizing. The attached resolution shows how the project costs are being paid and the total costs to be assessed. This project was petitioned by the property owners of Southbridge Additions who signed a waiver of hearing and appealing of assessments. Mn/DOT has also been made aware of the assessments forthcoming to their parcel as well. ALTERNATIVES: 1. Adopt Resolution No. 5004. 2. Deny Resolution No. 5004. 3. Table for additional information from staff. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 5004, Resolution Declaring the Cost to be Assessed and Ordering the Preparation of Proposed Assessments on Southbridge Parkway Collector Street, Utilities, Landscaping, Lighting, Irrigation, Restoration and All Other Appurtenant Work, Project No's. 1997-4 and 1997-4A and move its adoption. /1 :ruce Loney Public Works Director BL/pmp MEM5004 RESOLUTION NO. 5004 A Resolution Declaring The Cost To Be Assessed And Ordering The Preparation Of Proposed Assessments For Southbridge Parkway Collector Street, Utilities Landscaping, Lighting,Irrigation, Restoration And Appurtenant Work Project No.'s 1997-4 And 1997-4A WHEREAS, a contract has been let for the improvement of East Dean Lake Planned Unit Development by addition of Southbridge Parkway collector street, utilities, landscaping, lighting, irrigation, restoration and all other appurtenant work; and the contract price for such improvements was $2,851,854.12 and $911,931.83, respectively, and the final contract price for such improvement is $4,227,157.38 and the expenses incurred or to be incurred in the making of such improvements amounts to $892,476.52, so that the total cost of the improvements will be $5,119,633.90. Of this cost the City of Shakopee will pay $248,445.00 as its share of the cost and the Shakopee Public Utilities Commission will pay$119,583.00 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 $4,751,605.90. 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 17th 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 1S• O, CITY OF SHAKOPEE Memorandum CONSENT TO: Mayor& City Council - Mark McNeill, City Administrator FROM: Bruce Loney,Public Works Director SUBJECT: Easement Acquisition-Vierling Drive from the West Plat Line of Orchard Park West to Fuller Street DATE: October 20, 1998 INTRODUCTION: On April 21, 1998, the City Council adopted Resolution No. 4891, which ordered the improvement and preparation of plans and specifications for the above referenced project The purpose of this agenda item is to have the Council consider the authorization of eminent domain proceedings in acquiring easements for the Vierling Drive Project. BACKGROUND: During the preparation of the plans and specifications, staff had determined the additional easements required from the property owners adjacent to the project. Staff contacted these property owners, Bob and Roxanne Pieper, and began negotiating the acquisition of these easements. At the September 1, 1998 City Council meeting, Council postponed action on this item to allow the Pieper's more time to respond to the easement acquisition request. Mr. Pieper did ask if staff could look at the construction of a retaining wall versus a sloping easement to reduce the amount of trees to be removed. Staff estimates the cost of the retaining wall to be$15,000.00, and this wall would not be necessary once the property redevelops. At this time, no other proposals have been received from the Piepers or their representatives. Staff has been working with Minnegasco to coordinate the relocation of a major gas transmission line with the easement acquisition to minimize the impact to the Peiper's. The Council did order this project on April 21, 1998 and per the Chapter 429 Statute on Special Assessments, the City needs to award a contract within one year of ordering the project or a new public hearing is required. The plans are nearly complete. However, condemnation can take up to six months or more and staff would like to begin the process now, in case easement acquisitions cannot be negotiated in order to meet the project schedule for a contract award prior to April 21, 1999. ALTERNATIVES; 1. Move to authorize staff to continue easement acquisition negotiations with the affected property owner. 2. Offer Resolution No. 4960, a resolution determining the necessity for and authorizing the acquisition of certain property by proceedings in eminent domain. 3. Deny Resolution No. 4960 at this time. 4. Table this item. RECOMMENDATION Staff recommends Alternative No's 1 and 2. ACTION REQUESTED: 1. Move to authorize staff to continue easement acquisition negotiations with the affected property owner. 2. Offer Resolution No. 4960, A Resolution of the City of Shakopee, Minnesota, Determining the Necessity for and Authorizing the Acquisition of Certain Property by Proceedings in Eminent Domain and move its adoption. ruce Loney Public Works Director BL/pmp MEM4960 RESOLUTION NO. 4960 A Resolution Of The City of Shakopee, Minnesota, Determining The Necessity For And Authorizing The Acquisition Of Certain Property By Proceedings In Eminent Domain WHEREAS, the City Council has determined that the City should construct Vierling Drive, from the Western Plat Boundary of Orchard Park West to Fuller Street; and WHEREAS, the City has been unable to successfully negotiate the acquisition of the necessary right-of-way. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,AS FOLLOWS: That acquisition by the City of the property described on Exhibit A is necessary for the purpose of constructing Vierling Drive, from the Western Plat Boundary of Orchard Park West to Fuller Street. That the City Attorney is authorized and directed on behalf of the City to acquire the real estate described on Exhibit A by the exercise of the power of eminent domain pursuant to Minn. Stat. Chapter 117. The City Attorney further is authorized to take all actions necessary and desirable to carry out the purposes of this resolution. 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 Exhibit A A Permanent Easement to construct, operate, use,maintain, construct, and remove public roadways,trails and utilities on real property in Scott County, Minnesota, described as follows: That part of the Southwest Quarter of Section 12, Township 115, Range 23, Scott County,Minnesota, lying westerly and northerly of the westerly and northerly right-of-way lines of Minnesota Highway Right of Way Plat No. 70-2, described as follows: Beginning at a point on the east line of said Southwest Quarter distant 990.58 feet north of the southeast corner thereof; thence deflecting 90 degrees a distance of 554.50 feet(Point A); thence deflecting right 90 degrees a distance of 400.00 feet(Point B); thence deflecting right 90 degrees a distance of 554.50 feet to said east line of the Southwest Quarter(Point C); thence southerly, along said east line of the Southwest Quarter, a distance of 400.00 feet to said point of beginning. The Roadway, Trail and Utility Easement shall be that part of the above described property, lying north of the following described line: Beginning at a point on the east line of said Southwest Quarter distant 56.00 feet south of Point C, to a point on a line between Point A and Point B, 18.00 feet south of Point B and there terminating. Together with a Temporary Construction Easement lying 10 feet south of the above described line. Said Permanent Roadway and Trail Easement contains 17,770 square feet more or less. Said Temporary Construction Easement contains 5,045 square feet more or less. I% .A i '1. 1815 el 111 ligh 111111011o. g. , r cp:11 AVIICPZ -'4 INIMIP . N ti�-,yh�it� 1 0 1 1 4iuE D I u�c ►, 111 (4 1/44111410►' zzfi ' I 11116 likt EP ' I illicik' 1 (/) 1-1 1,� z ' hi _1 LIJ LY ti� i< i ❑ �- W V- `.iLi f-1114 ti Z •il �?\. ZE .S4NVQ 1 111 ,\, w..i I z ' • --I aa� W Lyll\\►<� O tL W N \�' I- xa0 14 6 r,►4 ►-� 1 W"d hir ' ALO H ',i Z a- CD plas 0 ( LLI in \►1 axe oeir �e Q 0 W / ❑ .ct_c4 c).r- 4 V" ,N3°`- - �4► z1 - A II 0 • w t v .. w �- • (/1 H Q O n_ ' ❑ 4 rffIlk . / t100 , fk . 1 WM- s77 T err " 1 8+00 z 1 1 6+007+00 I/ , .66+4. � -, ' 11 I I �s CITY OF SHAKOPEE CONSENT Memorandum TO: Mayor&City Council Mark McNeill, City Administrator FROM: Bruce Loney,Public Works Director SUBJECT: Parking Restrictions on 5th Avenue by the Scott County Jail DATE: October 20, 1998 INTRODUCTION: The City Council is asked to consider the restriction of parking to the County Sheriff's vehicles only on the north side of 5th Avenue adjacent to the County Jail. BACKGROUND: With the 1998 Street Reconstruction Project, 5th Avenue from Scott Street to Holmes Street were reconstructed and include diagonal parking adjacent to the County Courthouse blocks. Diagonal parking stalls and a new concrete sidewalk were added in the block adjacent to the County Jail. By installing these improvements, it is no longer practical to park the Sheriff's Department vehicles adjacent to the jail, except in the diagonal parking area. The design of the street included diagonal parking to increase parking around the Courthouse and also the County jail may be relocated in the future. For the time being, the County is requesting the City to post the area adjacent to the County Jail for "Sheriff's Parking Only",which is on the north side of 5th Avenue from Holmes Street to the first driveway west of Holmes Street. Also, the County is requesting that these parking spaces be exempt from the City's winter parking restrictions and the County would assume responsibility for snow removal in this area. RECOMMENDATION: We recommend that the County's request be honored, and that parking restriction signs be placed on the north side of the 200 block of 5th Avenue adjacent to the County jail to allow Sheriff's vehicles only to park. Also, staff recommends exempting the County from the City's winter parking restrictions to allow the Sheriff's vehicles to park in this area every day or night. ACTION REQUESTED: If the Council concurs, it should by motion to direct City staff to place signs posting restriction of parking to "Sheriff's Parking Only" vehicles only on the north side of 5th Avenue adjacent to the County Jail and to exempt the Sheriff's vehicles from the City's winter parking restrictions. 4 1L . :ruce Loney / Public Works Director BL/pmp PARKING SCOTT COUNTY INTERNAL SERVICES DIVISION COURTHOUSE 110 428 HOLMES STREET SOUTH SHAKOPEE, MN 55379-1382 (612)496-8105 BARBARA A. HOBDAY Fax: (612)496-8180 ASSOCIATE ADMINISTRATOR bhobday@co.scott.mn.us http://www.co.scott.mn.us scott.mn.us October 15, 1998 Mr. Mark McNeill Shakopee City Administrator Shakopee City Hall 129 South Holmes Street Shakopee, MN 55379 Dear Mr. McNeill: On behalf of the Scott County Board of Commissioners, I am asking that the Shakopee City Council consider our request to designate the area immediately adjacent to the Scott County Jail on the north side of Fifth Avenue, from Holmes Street to the Courthouse Annex driveway entrance, as Sheriff's Parking Only. It is difficult to give you an exact number of spaces covered in this request because the area is not striped at this time. We estimate there are approximately six to seven parking slots affected. Our second request would be to ask that these spaces be excluded from the odd/even winter parking restrictions. Scott County would assume responsibility for snow plowing and snow removal in this area. We would appreciate the Council's consideration of our requests. Please feel free to contact me if you have questions. Sincerely, Q Barbara A. Hobday Associate Administrator Internal Services c: Scott County Board of Commissioners David J. Unmacht, County Administrator Sheriff William Nevin John Radermacher, Maintenance Engineer An Equal Opportunity/Safety Aware Employer __.. ,. __ __. . .. .. . s 1 . .... 0 L FULL5 ST . • c.n * * quo + .44 - G- FT1 g&A=IP 411Xlitimag. ' : illitili id > I. 41111111 G-- T1 CON- I e `.. 7J 1_ FI .-+ Jii� 1 • G "OOP ox N --:------G co (f) - VI' - - •. m • FrialPk. 114011J f CONCa — �i'I C • b —{ C —1 -- > '• oo D r D S 0 ft- --4 n) 1 = . w 0 --.1 1 4.1IP cs) • r- • E Do • 'iltai I �, 4 .P1 n I << + +. vie ci4 70 co > i c-n, co ilkCo lI CC P <<� O -1 N D CO eat CO il O C I I i v v � . Z j: v n r '' C fU 0Nr -, 7z c) 0 1 tdi r 113CD .o -< o U, m C r 7873rD _ '= O X CO zo i = rn w 3CD m ° Q) (J1 i o fTl fel _ D D ,-v1.. �a 1Jlr5 rt n r r • `'�' --/—L9 , /� CD ED - a z, ❑ zo _ a el ��` T IF 4+ LI \f N 0 o40 ("3'4 Q1 Q c ('-.,-D CSN o ' "� ` , P. 1:1) r H OL. v ES ST. �: �� op_mi1 1 i . tiMBIOIMMIIIIMIMM I-------------I--.-.---------'-.I M ,il►ill = > TEL :L TEL TEL 1 TEL AI U * n ' A, _, \ 0 0 W -1 U) co 2- 70 la+ 0 -r137ZD0 1S. CITY OF SHAKOPEE CONSENT Memorandum TO: Mayor&City Council Mark McNeill, City Administrator FROM: Bruce Loney,Public Works Director SUBJECT: Water Management Committee Nominations DATE: October 20, 1998 INTRODUCTION: The City Council is being asked to appoint members to the Scott County Water Management Committees. BACKGROUND: At the September 1, 1998 City Council meeting, the nominations of persons to various committees to serve on the Scott County Water Management Committees were discussed. Scott County will be providing water management for all areas of Scott County except the areas within the Lower Minnesota River Watershed District and the Prior Lake - Spring Lake Watershed District. Shakopee is allowed one representative for the Citizen's Advisory Committee, three representatives for the Shakopee Basin Watershed Advisory Committee and one for the Technical Advisory Committee. Staff had placed an advertisement in the Shakopee Valley News for applicants to the Shakopee Basin Watershed Advisory Committee. To date no persons have applied for this committee. • Citizen's Advisory Committee, Councilor Robert Sweeney has volunteered with Shakopee Public Utilities Manager Lou VanHout to serve as the alternate. • Technical Advisory Committee, the Public Works Director will serve with the Assistant City Engineer, Joel Rutherford,to be the alternate. • Watershed Advisory Committee, since no applications were received from the public, the nominations recommended for this committee are Mr. Sweeney, Mr. VanHout and Mr. Rutherford. ACTION REQUIRED: If the Council concurs,they should by motion make the following appointments: 1. Councilor Robert Sweeney to be the Shakopee Representative on the Citizen's Advisory Committee with the Scott County Water Management Organization with Lou VanHout as alternate; and 2. Robert Sweeney, Lou VanHout and the Public Works Director or his designee as representatives to the Shakopee Basin Watershed Advisory Committee with the Scott County Water Management Organization. 3. The Public Works Director or his designee as representatives to the Technical Advisory Committee with the Scott County Water Management Organization. :nice Loney Public Work birector BL/pmp COMMITTEE September 10, 1998 Sha opee Valley News Page 5 ahk' : ,A . SHAKOPEE 5MSI" WATERSHED =v � � e' w ,The % ADVIE:nr?V COMMITTEE )f functioning,fear of aban e' ' t%N. tr loneliness,fear of finan Shoe The City of Shakopee is seeking applications for three openings on the newly � hip, or simply the sadnesx % .44Inc. established Shakopee Basin Watershed Advisory Committee.This Committee ng that go with loss.As the:, 'Repair will provide input into the upcoming county water planning effort by making making decisions, all of'. HUNTERS recommendations to a Citizens' Advisory Committee. The Citizens' Advisory lrs will be exerting theirinO=" Committee will in turn receive information and recommendations from all four �_ Check Your Gear watershed committees within the county and make policy/program recom- ways easy to overlook the mendations to the CountyBoard The Shakopee Basin Watershed Advisory E problems of the famtly3 '' ;.. r i vv / p ndividual is sick. It is the'- � Committee will meet 2-3 times during the next 18 months. fig to do to be sensitive to •'Sorrels Applicants should reside within the Shakopee Basin Watershed District.The ;ll. (0,', •PacksDistrict is roughly described as lying east of CR-79, south of the U.S. 169 ality probably plays a big •"Straps rl,; '- bypass, west of CR-83 and north of 160th Street. this disease than in other I Send resume or letter of interest to City Administrator,City of Shakopee,129 :ow we have faced and han- '.; 132 So.Holmes•Shakopee Holmes Street South, Shakopee, MN. For further information, call 445-3650. mms in the past is probably w p p ;ill handle them in the ': 496-3395 twever,learningin life nev '':,''.7" HOURS:9-6 Tues.-Fri.,9-2 Sat. ith an open mind,each new " ffers more lessons to learnt LITTLE SIX CASINO medical and life problems :, . •brings can be used to ad- ti` ' ' personal and spiritual ;rhaps we will learntohan BIGSREENBL iifferently,or better. r ., .., is our strengths and weak- - l to follow us,we may findTile Best Seats This MIU ' Could Be In Tow Own None the time to grow beyond :„16,5109'-', 1v� r each patient and family r —111 r j ;als with the disease actu :t+r*"`' J r f ��t r maynot be the most un- •s t� r AuG 24 > .. ••••\4111119-17 -' ,,� THROUcoovi ' Efb s the story for us,whether , t, . , r t, Ely,friends,or patient,may sy , ,,,, :er will help us to find,and ti` � 0141'. <i:;,,.., .- "', tember,what is really im- ""'"" „a., _. t. " is in life.Learning the di- :ancer can be an opportu- ` ' � "How do we wantthissto- The value of your home ,: : ,�w. • ren, a Valley News col- - and its contents a-physician at Shakopee changes with the times. GRAND PRIZE: HOME THEATER SYSTEM, $1000 CASH filth Care. He welcomes Consider increased LED and suggestions. Write replacement coverage with AND A♦USTOM COCA•COLA FRIDGEFI Will CONE ;ofthe Valley News,P.O. American Family's kopee,MN 55379,or by ultimate homeowners lundgre@allina.com 5 FIRST PRIZES:$1,000 CASH AND A COCA�COLA PATIO SET Insurance - Goldstar. � M Call today. Grand Prize Drawing: September 29 John Perry •l into permanent trust sta- 124 S. Lewis St. lean the tribal community 4 496-2382 Bring in this Ad and reeewe lave to pay property taxes Fax-a-Quote 496-3709 a FREE chance to register!! The community has been terty taxes since it bought w row rro•e ron une.r Oro Poor it»r anerKan Famny Mui.ai Little Six Casino is located at the juncture of Co Rd.83&Sioux Trail NW 994.The tribe would also °°•° (directlyacross front Lake Mystic) :turn the city's zoning re- sIt :o.n°or.Ma.>o^.,.., Y Once fully developed,the �° . .mram`Om ` FOR MORI INFORMATION CALL 445-8982 / :es the land could gener- of$96 million in proper- ;r 12 years.The tribe be- estimate is somewhat in- :er declined comment on gal council would respond T T" T W T ...I WW3 � onnncn cnv» ZI- n = v2a°, 9' o' g c < °C 9 5- _ A r `_ ~ < c n0 ° � � H 0m < 7 n r- - 0, � = = _ .. DZ x C = w f9 <' m 7o R, . -..o f. o . Co n0Z A ~ v°o n, c T S r o r D n0 ' D D o c N m < y 3 9 * -Ci C m y ro n p R° 0 C • Hn 0 O rD VI VI M1 Z r eD '7.7 I n Q n' A N -t f9 Vf26) 3 °. A * C y A G Fr 3 az n n 'p C l y 'C C m. r. 3 ncro r) - N T. 5' i t, C ° v A rJ !� .i4 Ile N. N� NN. C Cl)..r C 7. - n ri 0.. \ > ... ca. =< o o 7 r :J _12 2) O S. n y o "! �f O r < O O ej = 7 Zro V co co N W :J w 7' ^ 2.) i......\/7 102 n =. n 2 . ...• ro. , CID Cu DU RD '9 '7 v J ao -.i --i -I i c^ r" •, n •7 cn:p Z = "' -v n ro °' c, ro a-c °, ° ._ IN r1 m rJ ^ C a, 7 fD 0 7 N n O' •j -, < :fl /D n m to v • 1 n ° n � y ? Lt rte' ...1:0 ra ~ ON . el)v p 7. O 7 y �'p < n c0 C r -I , C...) V) = T -9 d * :� ...I j = D.' '7 :10 y• n�i < — . * -1 d - °C r7., w- FpS m 0 po O as r < t 0 s n to [ /5 0.6 . CITY OF SHAKOPEE Memorandum TO: Mayor&City Council Mark McNeill, City Administrator FROM: Bruce Loney,Public Works Director SUBJECT: Budget Amendment for Concrete Sidewalk Replacement and Concrete Street Lights DATE: October 20, 1998 INTRODUCTION: In the 1998 Budget under the Street Division, concrete sidewalk replacement and concrete street light replacement were budgeted. However, the majority of work cannot be completed until next year. Staff is asking Council to consider a budget change for the work to be done in the spring of 1999. BACKGROUND: Under the "Pavement Preservation" object in the Street Division Budget for 1998, staff included $20,000.00 for concrete sidewalk replacement to replace defective panels that warranted removal and replacement per City Ordinance on City collectors. Also, staff included under "Utility Services" object, $5,000.00 for concrete street light replacement in the Downtown area. Both of these work items cannot be completed due to the unavailability or high bid costs from contractors who perform sidewalk or street light work. Previously, staff had a 1998 sidewalk replacement memo to Council to authorize the work and had estimated $10,000.00 to replace the panels in the area inspected for 1998. Concrete sidewalk contractors are simply too busy to perform this work and some have indicted that cheaper bid prices would be given if the work can be done in the spring of 1999. Staff is proposing to fix the worst sidewalk panels with available Public Works personnel and contract the remainder of work for the spring of 1999, if Council approves a budget amendment. For the concrete street lights, Shakopee Public Utilities Commission (SPUC) usually will perform the street light replacement work. SPUC personnel cannot perform the work this fall, as budgeted, and no electrical contractor wants the work due to their workload. In discussions with Mary Athmann, SPUC Superintendent, the worst street lights that are severely deteriorated will be replaced this year. The City has received replacement concrete street lights from the supplier and staff had budgeted for 10-15 lights to be replaced this year. Staff estimates there are three lights which need replacement this year and the rest could be done next year. In order to complete the work budgeted this year, staff is asking that a budget change be made in the 1999 Budget in the amount of$10,000.00 for concrete sidewalk replacement and $4,000.00 for concrete street light replacement. Funding for this in 1999 would be from the General Fund balance from unexpended funds in 1998. ALTERNATIVES: 1. Direct the Finance Director to prepare a 1999 Budget change for the concrete sidewalk replacement and concrete street light replacement work in the amounts identified in the memo. 2. Do not authorize the Finance Director to prepare a budget change for the items described previously. 3. Direct the Finance Director to prepare a 1999 Budget change for the concrete sidewalk replacement and concrete street light replacement work in an amount as per Council direction. 4. Table for additional information. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REOUESTED: Approve a motion directing the Finance Director to prepare a 1999 Budget change for concrete sidewalk replacement and concrete street light replacement work in the amounts of$10,000.00 and$4,000.00,respectively. Y,I ruce Loney Public Works Director BL/pmp CITY OF SHAKOPEE J� Memorandum . • TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Southbridge MnDOT Discussion/School Site DATE: October 15, 1998 INTRODUCTION: The Council is asked to follow up on earlier discussion regarding the potential purchase of the 51 acre MnDOT site in the Southbridge subdivision, and further discuss the possibility of sale of City property for an elementary school site. BACKGROUND: At the last City Council meeting, Council heard a presentation regarding the potential purchase by the City of the 51 acre MnDOT parcel in the Southbridge neighborhood. 42 acres of that parcel is available for development; approximately 9 acres in the southern portion of the parcel is road right-of-way, and restricted by power line easements. (At an assessment hearing in November, it will be recommended that the cost of acquisition of those 9 acres be spread among the 550 acres in Southbridge.) At the October 6th meeting, discussion focused on the need for a community park in the east end of Shakopee. Also involved with that discussion was the potential of I.S.D. 720 purchasing between 15 and 20 acres from Shakopee Crossings, for a possible land swap. The school site would be at another location in Shakopee Crossings,with the City selling to the school district a similar number of MnDOT acres that could be traded to Shakopee Crossings for development as residential property. Staff was directed to get further information. Two meetings have been held with the school district,with one new scenario of which the Council should be aware. The school district has discussed with Shakopee Crossings the possibility of not doing a land swap, but instead have Shakopee Crossings reconfigure a portion of their residential development, and sell to the District an adjacent strip of land of approximately 100' to 150' in width,which is currently guided for medium density residential. Further,the school would purchase a parcel totaling about 13 acres to be configured from City-owned outlot, and Shakopee Crossings property. A breakdown of how much of the 13 acres would be from the City will be forthcoming. Regarding the MnDOT property, if the decision is made by the Council to purchase the entire 51 acres, the portion of land not needed for a park could be sold for. development. MNDOT3.DOC DISCUSSION: This new scenario does assume a couple of issues are resolved: • The 100' to 150' wide parcel of land is not currently within the MUSA, but is in a current application. • The PUD for the Shakopee Crossing portion of Southbridge would need to be modified. The sale of current City-owned outlot does present some advantages,primarily financial, for the City. It would add revenue back to the City thru the sale of a portion of land which was otherwise going to be used as open space, assuming that the City Council sees a sufficient amount of open space in the area. The proceeds from that sale could be applied towards the purchase of the MnDOT property. The City could also have the revenue from any outright land sale of the portion of the MnDOT property not needed for park purposes. While it is still too early to determine what the values of the various parcels might be,this will reduce the amount of City funding to go towards the MnDOT purchase. RECOMMENDATION: After consulting with the School Superintendent, it is our recommendation that a single appraiser be hired to determine a value of the City owned outlot needed by I.S.D. 720, so as to determine a potential sales price for that property. Once that information is known,the Council could make a decision as to a potential sale of a portion of the MnDOT property, and the actual purchase of the MnDOT property as a separate action. ACTION REQUIRED: If the Council concurs, it should, by motion, direct the City Administrator to work with the school district to hire an appraiser to establish a value of the outlot property, for potential sale by the City to I.S.D. 720, for an elementary school site. litcV 24 b de Mark McNeill City Administrator MM:tw CC: Michael Leek Mark McQuillan Bob Ostland MNDOT3.DOC k '� °' �� "C PT LAYOUT - SOUTHBRIDGE ONCE ` °` " AREA ELEMENTARY SCHOOL" ' 6" ..-r,:,,,„„,,,4:-..:''' .� r +� "� �. .r ' w' ; „, ,-----''''s ';. ,,. ,:,.., ,', O'' , ... %,,.'-'.'*-,7,,, .,,--- .'' ..,'',44(‘,,,„,.,,,',,‘-,...„..,,...,,-,,. a A. , r �i, i4 '` �. ^ �... +sew• „�*..� �`�4 '# `�, t � 4 s :r t4'44 sts '*4'.'k''''', `'a. ,.a'.,� ''''t!'"1 �, E t .. Yf, .;1';.,-, n '•s ', k 'i 'q.. 4 r.R¢,.� ;._. , 'fie„ t t r ',,°.',.:-.4..i' , " � y *^a ~ ' `' ;, i '' _\ 'CAk. -% '1,,'''': ,,,,,e t-,\ ,...,'..-;;.,"'„,'..,1°- ; ,` .,,,--- :I,..':. ---, :'.1.-`-'.--. # e . 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T \ I ,r : t,t > '.-1..,,,...t,:,,,,,..„,„�, 1 11IIII 51 11 O O Q• Iii#i 7- iii O44. a 4 ,ll b ; dz - V y b • /71I • Y 15 .E, 2 , RESOLUTION NO. 5005 A RESOLUTION AMENDING RESOLUTION NO. 4799, WHICH ADOPTED THE 1998 PAY SCHEDULE FOR THE OFFICERS AND NON-UNION EMPLOYEES OF THE CITY OF SHAKOPEE WHEREAS, on December 2, 1997, the City Council of the City of Shakopee, Minnesota, adopted Resolution No. 4799, approving the 1998 Pay Schedule for the Officers and Non-union Employees of the City of Shakopee; and WHEREAS, certain conditions and circumstances have changed to make it desirous to amend the 1998 Pay Schedule for Officers and Non-Union Employees of the City of Shakopee at this time, and split the existing pay grades as shown on the attached plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA,that the attached pay plan adjusting for market considerations is hereby added to the Pay Schedule for the Officers and Non-Union Employees of the City of Shakopee. Adopted in adjourned regular session of the City of Shakopee, Minnesota, held this day of , 1998. Mayor of the City of Shakopee ATTEST: City Clerk PAYPLAN2.DOC CITY OF SHAKOPEE Adjusted 1998 Pay Plan 1998 Step Step Step Step Step Step Step Market Title Grade 1 2 3 4 5 6 7 8 Adjustment 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 PWDir/Eng. 0 $57,202 $59,245 $61,288 $63,331 $65,374 $67,416 $69,459 $71,502 Com.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 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 $ 60,600 Park&Rec.Dir. L $47,186 $48,871 $50,556 $52,242 $53,927 $55,612 $57,297 $58,982 $ 49,479 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 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 Project Coordinator I $38,750 $40,134 $41,518 $42,902 $44,285 $45,669 $47,053 $48,437 Accountant III I $38,750 $40,134 $41,518 $42,902 $44,285 $45,669 $47,053 $48,437 Planner II I $38,750 $40,134 $41,518 $42,902 $44,285 $45,669 $47,053 $48,437 Facility Mgr I $38,750 $40,134 $41,518 $42,902 $44,285 $45,669 $47,053 $48,437 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 PlannerI 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 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 C $26,154 $27,088 $28,022 $28,956 $29,890 $30,824 $31,758 $32,692 Police Records Tech 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 Bldg Maintenance Wkr A $22,900 $23,718 $24,536 $25,354 $26,172 $26,989 $27,807 $28,625 • 10/20/98 / ICS. 7 98 stanton-2 KO n,t ;E' f1 1998 1998 1998 Adjusted Salary Stanton 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% Project Coordinator . $ 48,437 23 all Sr Tech $ 47,050 $ 1,387 2.86% (Group 5&6) 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% Payroll/Benefits 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% Eng Tech II $ 37,224 21 $ 36,837 $ 387 1.04% Planning Technician $ 34,958 no match Secretary $ 34,958 97 $ 33,717 $ 1,241 3.55% Accounting Clerk $ 32,692 78 $ 31,803 $ 889 2.72% Police Records Technician $ 32,692 ***96 $ 31,221 $ 1,471 4.50% 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 more correctly reflect market for former Clerk Typist I **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 ***Former Clerk Typist II compared to Stanton No 96 to be consistant with assigned Benchmark Sec B 10/20/98 Page 1 98COST ADJUSTED1998 PAY PLAN EFFECTIVE 11/1/98 Current 11/1/98 Nov/Dec Title Anniv date Step Adj Step step on anni date 1998 cost Finance Dir 16-Oct 8 $ 62,787 $ 63,308 6 $ - 86.85 Comm Dev 16-Oct 6 $ 59,199 $ 59,471 4 45.34 Dep Chief 17-Dec 8 $ 55,176 $ 60,600 8+ 904.18 Park& Rec Dir 8-Oct 4 $48,870 $ 49,479 2-3 101.52 Asst Eng 3-Jun 8 $48,437 $ 48,846 6 68.18 EDA Coord 21-Jan 3 $41,518 $ 42,926 2 234.71 PW Super 22-Jan 2 $ 37,679 $ 38,750 1 178.54 Bldg Off 1-Jan 8 $45,474 $ 45,669 6 32.51 Proj Coord 8-Jan 8 $45,474 $ 45,669 6 32.51 Bldg Insp JimG 11-May 8 $42,511 $ 42,786 6 45.84 Bldg Insp JimD 8-Jun 3 $ 36,438 37679 2 206.87 Tech IV vacant 0.00 Rec Sup II 6-Feb 6 40082 40277 4 32.51 Planning Tech 8-Apr 1 26154 27967 1 302.23 Sec PatP 29-Sep 8 32692 32960 6 44.68 Sec PatM 15-Aug 8 32692 32960 6 44.68 Sec Jeanette 13-Aug 8 32692 32960 6 44.68 Sec Shelly 5-Dec 7 31758 31962 6 32960 100.13 Off Ser Wkr JT 10-Feb 7 27807 28031 5 37.34 Off Ser Wkr TM 3-Oct 3 24536 25403 2 144.53 Maint(Custodian) *11/1/1998 8 22090 24536 3 407.75 *New $ 3,096 Page 1 CITY OF SHAKOPEE /S7 6. Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Pay Plan Revisions DATE: October 15, 1998 INTRODUCTION: The Council is asked to adopt a modified pay plan, effective November 1, 1998. BACKGROUND: At the October 6th meeting, the City Council heard a presentation regarding proposed modifications to the existing employee pay plan (see attached memo dated Oct. 6). The direction that was given was that steps should be taken to get all employee's top steps to a minimum of 95% of the Stanton Group Six average top wage. (Stanton Group Six cities are suburbs from 10,000 to 25,000 population, as defined in the salary survey performed by DCA Stanton of municipal jobs in the seven county metropolitan area). It was agreed that, before final adoption,the plan be reviewed with employees for their input. Those presentations were held with nearly all employees on October 12th. While there were some individual questions regarding the comparison pay, generally speaking, the proposed plan appears to resolve many of the issues left by the 1996 pay plan. SPECIFIC CONSIDERATIONS: 1. Park and Recreation Director-The plan as presented does get all top steps of employees not slated for reclassification to within 95%, with the exception of the Park and Recreation Director. Even with the split of pay grades,that position's top step is 1.3% below the 95% (or 93.7% of the Stanton Group Six average). It is recommended that the Park and Rec Director be placed 1.3%above the next higher step in the new grade"L", and then to go to the next higher step on his next anniversary. (In October, 1999, with this pay plan to be examined again after the new Stanton Survey comes out in July.) 2. Deputy Police Chief- The Deputy Chief is at Step 8 of the pay plan, paying $55,176 annually,plus the $344 lump sum received in 1998. This position is a unique situation, in that the revised pay plan still has the Deputy Police Chief making less than the unionized Sergeants, when overtime is considered for the Sergeants (the Deputy Chief job does not have"Pay for Performance", and is exempt from overtime). PAYPLAN2.DOC Step 8 of the new plan would bring the Deputy Chief to $58,982, less than the Sergeants pay with overtime. Our recommendation is to pay this position at 100% of market- $60,600. Which will be outside of the Grade"L". 3. Assistant City Engineer and Engineering Technician H - Both of these positions will be recommended for reclassification or promotion at the November 4th City Council meeting. 4. Clerical Revisions - Several job title changes, and one reclassification is recommended: A. Police Clerical -- Clerk Typist II's Donna Hyatt and Teri VanCleve are being recommended to be retitled"Police Records Technician",which we feel more accurately reflects their job responsibilities. These positions may need to be examined in the future. B. Clerk Typist I Tracy Menden has been employed part-time in Police since October, 1994. She is at Step 3 of the Clerk Typist I pay grade of the existing plan. Our recommendation is that she be promoted to Police Records Technician, the new suggested title for a Clerk Typist II. She would start at Step 1 of pay grade C. C. Clerk Typist I Barb Potthier in Parks and Recreation is recommended to be retitled Customer Service Representative; this results in no change in grade or step. D. Judy Techman, currently Clerk Typist I, should be reclassified as Office Service Worker, at pay grade B, at the next appropriate step. 5. Custodian- The current City Hall Custodian no longer does custodial work, but is instead doing building maintenance (repairs HVAC, etc.) Upon establishment of a new job description, this will be brought back to Council with a recommendation for reclassification. IMPLEMENTATION: A question for Council is whether it wishes to implement this as part of the January 1, 1999 budget year, or earlier. An earlier date (November 1, 1998) would separate adjustments for market equity, vs. cost of living. It is up to Council as to whether they wish to do this. Sufficient money exists in the 1998 budget for implementation. BUDGET IMPACT: Monies were provided in the 1998 and 1999 budget for market modifications. A memo with this financial impact on implementation of the pay plan,with some of the proposed reclassifications, will be available at the October 20th meeting. PAYPLAN2.DOC RECOMMENDATION: I recommend that the pay plan, adjusting for market considerations,be adopted with an implementation date of November 1, 1998. ACTION REQUIRED: If the Council concurs, it should, by motion, adopt the following resolution: RESOLUTION NO. 5005 A RESOLUTION AMENDING RESOLUTION NO. 4799, WHICH ADOPTED THE 1998 PAY SCHEDULE FOR THE OFFICERS AND NON-UNION EMPLOYEES OF THE CITY OF SHAKOPEE (on table October 20th) kgail Mark McNeill City Administrator MM:tw PAYPLAN2.DOC 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 final 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. 4e0-- VU -111-aJ Mark McNeill City Administrator MM:tw PAYPLAN.DOC CITY OF SHAKOPEE 1998 Pay Plan 1998 Step Step Step Step Step Step Step Step Lump Title Grade 1 2 3 4 5 6 7 8 Sum City Administrator P $65,104 $67,429 $69,754 $72,079 $74,404 $76,729 $79,054 $81,379 Police Chief 0 $57,202 $59,245 $61,288 $63,331 $65,374 $67,416 $69,459 $71,502 PW Dir/Fng. 0 $57,202 $59,245 $61,288 $63,331 $65,374 $67,416 $69,459 $71,502 Com.Dev.Dir. N $50,230 $52,024 $53,818 $55,612 $57,406 $59,199 $60,993 $62,787 Finance Director N $50,230 $52,024 $53,818 $55,612 $57,406 $59,199 $60,993 $62,787 $ 1,205 Deputy Chief M $44,141 $45,718 $47,294 $48,870 $50,447 $52,023 $53,600 $55,176 $ 344 Park&Rec.Dir. M $44,141 $45,718 $47,294 $48,870 $50,447 $52,023 $53,600 $55,176 Asst.City Eng. L $38,750 $40,134 $41,518 $42,902 $44,285 $45,669 $47,053 $48,437 Facility Manager L $38,750 $40,134 $41,518 $42,902 $44,285 $45,669 $47,053 $48,437 EDA Coordinator L $38,750 $40,134 $41,518 $42,902 $44,285 $45,669 $47,053 $48,437 Planner II L $38,750 $40,134 $41,518 $42,902 $44,285 $45,669 $47,053 $48,437 City Clerk L $38,750 $40,134 $41,518 $42,902 $44,285 $45,669 $47,053 $48,437 Accountant 3 L $38,750 $40,134 $41,518 $42,902 $44,285 $45,669 $47,053 $48,437 B Official K $36,380 $37,679 $38,978 $40,277 $41,576 $42,876 $44,175 $45,474 Project Coord. K $36,380 $37,679 $38,978 $40,277 $41,576 $42,876 $44,175 $45,474 PW Supervisor K $36,380 $37,679 $38,978 $40,277 $41,576 $42,876 $44,175 $45,474 Tech III J $34,009 $35,224 $36,438 $37,653 $38,867 $40,082 $41,296 $42,511 Tech IV J $34,009 $35,224 $36,438 $37,653 $38,867 $40,082 $41,296 $42,511 Inspector J $34,009 $35,224 $36,438 $37,653 $38,867 $40,082 $41,296 $42,511 $ 1,072 Rec.Supervisor II J $34,009 $35,224 $36,438 $37,653 $38,867 $40,082 $41,296 $42,511 Payroll/Benefits J $34,009 $35,224 $36,438 $37,653 $38,867 $40,082 $41,296 $42,511 PlannerI J $34,009 $35,224 $36,438 $37,653 $38,867 $40,082 $41,296 $42,511 Exec Sec I $29,780 $30,843 $31,907 $32,970 $34,034 $35,097 $36,161 $37,224 Tech II I $29,780 $30,843 $31,907 $32,970 $34,034 $35,097 $36,161 $37,224 Rec.Supervisor I I $29,780 $30,843 $31,907 $32,970 $34,034 $35,097 $36,161 $37,224 Planning Tech H $26,154 $27,088 $28,022 $28,956 $29,890 $30,824 $31,758 $32,692 Secretary H $26,154 $27,088 $28,022 $28,956 $29,890 $30,824 $31,758 $32,692 Acct.Clerk H $26,154 $27,088 $28,022 $28,956 $29,890 $30,824 $31,758 $32,692 Clerk TypII H $26,154 $27,088 $28,022 $28,956 $29,890 $30,824 $31,758 $32,692 Clerk Typ I G $22,900 $23,718 $24,536 $25,354 $26,172 $26,989 $27,807 $28,625 Clerk Typ I G $22,900 $23,718 $24,536 $25,354 $26,172 $26,989 $27,807 $28,625 Cust.Sery G $22,900 $23,718 $24,536 $25,354 $26,172 $26,989 $27,807 $28,625 Not Used F $20,065 $20,782 $21,498 $22,215 $22,931 $23,648 $24,364 $25,081 Custodian E $17,555 $18,182 $18,809 $19,436 $20,063 $20,690 $21,317 $21,944 $ 146 Not Used D $15,371 $15,920 $16,469 $17,018 $17,567 $18,116 $18,665 $19,214 Not Used C $13,465 $13,946 $14,427 $14,908 $15,388 $15,869 $16,350 $16,831 Not Used B $11,745 $12,164 $12,584 $13,003 $13,423 $13,842 $14,262 $14,681 Not Used A $10,258 $10,624 $10,990 $11,357 $11,723 $12,089 $12,456 $12,822 10/9/98 98PAYPLN.XLS 98 STANTON ACTUAL 1998 1998 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% Deputy Police Chief $ 55,176 57 $ 60,600 $ (5,424) -9.83% Park&Rec Director $ 55,176 1 124 $ 62,700 $ (7,524) -13.64% Asst City Engineer $ 48,437 28 $ 56,500 $ (8,063) -16.65% 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 I ,474 I 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% Eng Tech IV $ 42,511 23 $ 45,115 $ (2,604) -6.13% 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% Eng Tech III $ 42,511 22 $ 41,142 $ 1,369 3.22% Executive Secretary $ 37,22498 $ 38,501 $ (1,277) -3.43% Recreation Supervisor I $ 37,224 I 120 $ 32,300 $ 4,924 13.23% Eng Tech ll $ 37,224 21 $ 36,837 $ 387 1.04% Planning Technician $ 32,692 I 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 1 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% 10/9/98 Page 1 CITY OF SHAKOPEE Adjusted 1998 Pay Plan 1 1998 Step Step Step Step Step Step Step Market Title Grade 1 2 3 4 5 6 7 8 Adjustment 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 PWDir/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 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 $ 60,600 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 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 Project Coordinator I $38,750 $40,134 $41,518 $42,902 $44,285 $45,669 $47,053 $48,437 Accountant III I $38,750 $40,134 $41,518 $42,902 $44,285 $45,669 $47,053 $48,437 Planner II I $38,750 $40,134 $41,518 $42,902 $44,285 $45,669 $47,053 $48,437 Facility Mgr I $38,750 $40,134 $41,518 $42,902 $44,285 $45,669 $47,053 $48,437 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 PlannerI 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 SuperI 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 Police Records Tech 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 $22,900 $23,718 $24,536 $25,354 $26,172 $26,989 $27,807 $28,625 10/15/98 98 stanton-2 1998 1998 1998 Adjusted Salary Stanton 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% Payroll/Benefits 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 II (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 10/9/98 Page 1 gain . 21) . G CITY OF SHAKOPEE CONSENT Memorandum d_ TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Valley Green Sidewalk Escrow Interest DATE: October 14, 1998 INTRODUCTION: City Council is asked to authorize payment to Valley Green Business Park as interest on a sidewalk escrow account for Canterbury Park 2nd Addition, and to amend the standard developer's agreement language for future developments. BACKGROUND: You may recall that there was a developer's agreement that required the construction of a sidewalk along the north side of Secretariat Drive. With the platting and construction of the Seagate Project, it was determined that the sidewalk is not needed. The $9,456.56 that was being held in escrow to insure the installation of the sidewalk has been refunded to the developer, at the request of Jon Albinson. On August 18th, City Council considered a request of Mr. Albinson to pay interest on the funds that were held by the City for 12 years. City Council directed staff to bring back an amendment to the developer's agreement to allow for the payment of interest on the escrow. The proposed amendment, if approved, will be inserted into the standard developer's agreement for all future developers. It is not recommended that the old developer's agreements be amended, only that staff be authorized to pay the interest (consistent with the intent in the amendment for future developer's agreements) . In addition to Mr. Albinson's Canterbury Park 2nd Addition, there are four other agreements under which the City is holding funds for the construction of a sidewalk. Developer's have escrowed funds for the sidewalk construction, but construction has not occurred because it has not yet been determined whether or not the sidewalk is desired, or it was determined to delay the construction. Funds are also on deposit for water for Lot 4 in Halo 2nd. Until it is determined what development will take place, SPUC can not determine the water plan. Valley Green Sidewalk Escrow Interest October 14, 1998 Page -2- AMENDMENT TO DEVELOPER'S AGREEMENT: The current, standard developer's agreement already provides for the payment of interest on an escrow account for improvements being constructed by the City under Plan B (at 1% below the average interest rate on the investments held by the City) . The interest amount is determined by the Finance Director. In this case the escrow amount is to insure the payment of the special assessments. That language has been modified and is proposed to be inserted into the developer's agreement under Section V.B. The proposed language has been approved by Mr. Thomson, the City Attorney. See Exhibit A attached. Exhibit B is a sample developer's agreement in its entirety, without this amendment. RECOMMENDATION: It is recommended that Mr. Albinson's request be approved and that interest be paid on the Canterbury Park 2nd escrow for sidewalks. It is recommended that interest be paid on the escrow for public improvements on any other developer's agreement whether it be refunded or used to construct the improvements. It is also recommended that the standard developer's agreement be amended to provide for the payment of interest on escrow funds given to the City to insure construction of public improvements by the developer under Plan A in the developer's agreement. RECOMMENDED ACTION: 1. Direct that the standard developer's agreement be amended to provide for the payment of interest on escrow funds deposited with the City to insure the construction of improvements by a developer under Plan A in the developer's agreement. 2. Authorize payment of $6,960.25 to Valley Green Business Park, as interest on the sidewalk escrow account for Canterbury Park 2nd Addition. 3. Authorize the accruing of interest for sidewalk escrow accounts, retroactive to the time they were deposited with the City, for Calvary Addition, Evergreen First Addition, Dallas First Addition, and Parkview 1st Addition; and for water for Halo 2nd Addition. Fu /A �.. JS. Cox, City Clerk h:\judy\albinson EXHIBIT A V. Plan "A" Improvements (A) (B) Add paragraph under B "The cash so paid by the Developer to the City will bear interest for each year at a rate equal to one percent (1%) below the average interest rate (rounded to the nearest quarter) on the investments held by the City on December 31st of the respective year. The interest will accrue until the deposit is used by the City to install uncompleted improvements. The deposit plus all accrued interest will be used to pay for the installation of any uncompleted improvements and any excess in the deposit will be returned to the Developer. If the City determines that the improvements need not be installed or upon the Developer installing the improvements, the deposit plus all accrued interest shall be returned to the Developer. " (C) (D) (E) (F) (G) This space reserved for recording purposes Rev. 3/29/77 Rev. 4/6/77 Rev. 4/11/77 CITY OF SHAKOPEE Rev. 4/18/77 Rev. 6/1/79 SCOTT COUNTY, MINNESOTA Rev. 9/10/80 Rev. 6/29/82 DEVELOPER'S AGREEMENT Rev. 11/1/88 THIS AGREEMENT, Made and entered into this day of , 19 , by and between the City of Shakopee, a municipal corporation organized under the laws of the State of Minnesota, hereinafter called "City" and Pheasant Run of Shakopee, L.L.P. , a Minnesota partnership, hereafter called "Developer". WITNESSETH: WHEREAS, the Developer has made application to the City Council for approval of a plat of land within the corporate limits of the City described as follows: Pheasant Run First Addition, hereafter called the "Subdivision"; and WHEREAS, the City Council, by Resolution No. 4979 adopted on September 14, 1998, has granted conditional approval to the Subdivision on the condition that the Developer enter into this Agreement to provide for the installation of street, water, sewer and other improvements as described herein. NOW, THEREFORE, in consideration of the premises and of the mutual promises and conditions hereinafter contained, it is hereby agreed as follows: I. Definitions The following improvements as used in this agreement shall have the meanings stated: 1 (A) "Street Improvements" - subgrade preparation, permanent surfacing, right-of-way grading or berm construction, traffic signing, sidewalks, and all appurtenant facilities (as shown on the approved plans on file in the office of the City Engineer) . (B) "Sanitary Sewer Improvements" - sanitary sewers, lift stations and all other appurtenant sanitary sewer facilities (as shown on the approved plans on file in the office of the City Engineer) . (C) "Storm Sewer Improvements" - storm sewers, inlets and all other appurtenant storm facilities (as shown on the approved plans on file in the office of the City Engineer) . (D) "Watermain Improvements" - watermains, valves and all other appurtenant watermain facilities (as shown on the approved plans on file in the office of the City Engineer) . (E) "Street Light Improvements" - street lighting including poles, crossarms, underground wiring transformers, pedestals and any other necessary appurtenances (as shown on the Approved plans on file in the office of the City Engineer) . (F) "Other Public Utilities" - whenever electric or gas utilities are included in a subdivision they will be required as Plan A improvements and for purposes of releasing this developers agreement and issuing a certificate of occupancy (conditional or permanent) , the City shall consider the utility improvements approved upon the developer entering into an agreement with the utility company and paying any moneys required by the utility company at that time. II. Ownership Warranty of Developer The Developer hereby warrants and represents to the City as inducement to the City's entering into this Agreement, that Developer's interest in the Subdivision is: Fee Owner X Contract for Deed Purchaser Other (Specify) If developer is a Contract for Deed Purchaser, indicate Fee Owner. III. Designation of Improvements Improvements to be installed at Developer's expense by the Developer as provided herein are hereinafter referred to as "Plan A Improvements". Improvements which the Developer has petitioned the City to install 2 and finance on a cash and assessment basis are hereinafter referred to as "Plan B Improvements". IV. Plan A Improvements The Developer will construct and install at Developer's expense the following improvements under Plan A according to the following terms and conditions and the General and Special Conditions attached hereto and made part of the Contract. Description of Improvement Location of Improvement A] Street lighting and electrical Pheasant Run First system in accordance with the Addition, all streets requirements of the Shakopee contained therein except Public Utilities Commission Valley View Road B] Water system in accordance with Same as above the requirements of the Shakopee Public Utilities Commission C] Sanitary sewer and storm sewer Same as above systems construction of streets in accordance with the required ments of the Design Criteria and Standard Specifications of the City of Shakopee V. Plan "A" Improvements (A) Construction Plan and Approval Thereof The Developer will engage, at Developer's expense, a duly registered professional civil engineer authorized to practice within the State of Minnesota to prepare detailed plans, specifications, and a cost estimate for complete installation of all Plan A Improvements, in accordance with City Design Criteria and Standard Specifications and submit same to City Engineer (and Shakopee Public Utilities Manager, when required) for written approval prior to commencement of construction. (B) Developer The Developer shall submit to the City either cash, or a certified letter of credit approved by City Attorney, made payable to the City of Shakopee upon which the City may draw, or contract bond approved by the City Attorney, in the amount of 125% of the total project (as approved by the Shakopee City Engineer) including the costs of City inspection and administration, said cash, certified letter of credit, or contract bond to be submitted when this agreement is executed. The City is hereby authorized to draw against the said cash, certified letter of credit, or contract bond as provided in Paragraphs V (F) and VIII (D) . In the alternative, the Developer may enter into an "Escrow 3 and Payment Agreement", approved by the City attorney, to be submitted when this agreement is executed. (C) Completion of Street Light Improvements For purposes of releasing this developers agreement and issuing a certificate of occupancy (conditional or permanent) , the City shall consider the Street Light Improvements approved upon the developer entering into an agreement with Shakopee Public Utilities and paying any moneys required by the Utilities at that time. (D) Building Permits The City may issue building permits when required improvements are substantially complete, as determined by the City Engineer; however, no permanent certificate of occupancy shall be issued until all of the required improvements are completed and approved by the City Engineer, or until this agreement is replaced with a letter of understanding and a letter of credit in the amount of 125% of the City Engineer's estimate of the cost of work remaining to be constructed as provided in VIII (D) , which replacement shall be approved by the City Council. (E) Park Fund No building permit shall be issued for any lot within the proposed subdivision until any and all payments to the Shakopee Park Fund in lieu of land dedication as provided in Paragraph IX have been made. (F) Administrative and Technical Costs The Developer agrees to pay the City administrative and inspection cost of the project. Said fees are set forth in the City's annual fee schedule. Fifty (50) percent of the fees shall be billed by the City at the beginning of the project and fifty (50) percent of the fees shall be billed by the City upon completion of the project. If such bills are not paid for within 30 days of their mailing, and if not paid for within such time by the Developer, the City is authorized to draw against the cash or certified letter of credit submitted in accordance with Paragraph V(B) . Services to be performed by the City shall include, but not limited to the following: 1) The City will review and approve plans and specifications prepared by Developer's engineer. 2) The City will provide adequate inspection of all Plan A Improvements. (G) Construction of Plan A Improvements 1) Construction The construction, installation, materials and equipment for street improvements, 4 sanitary sewer improvements and storm sewer improvements shall conform to the approved plans and the City of Shakopee's Standard Specifications and for watermain and street light improvements shall conform to the Shakopee Public Utilities Standard Specifications. 2) Easements The Developer shall make available to the City, at no cost to the City, all permanent or temporary easements necessary for the installation of said Plan A Improvements. 3) Insurance The Developer will cause each person with whom the Developer contracts for the construction of any Plan A Improvement to furnish to the City the Contractor's Insurance Certificates as specified in Article 35 of the General Specifications of the Design Criteria and Standard Specifications for Construction of Roadways, Sanitary Sewer and Storm Sewer. No construction shall commence until the City Clerk receives said insurance certificates and said certificates are approved by the City Attorney. 4) Faithful Performance of Construction Contracts and Bond The Developer will fully and faithfully comply with all terms of any and all contracts entered into by the Developer for the installation and construction of all Plan A Improvements and hereby guarantees the workmanship and materials for a period of one (1) year following the City's final acceptance of the Plan A Improvements, said guarantee to be in writing and in addition to the Maintenance Bond required by Paragraph 8D. 5) As-Built Plans The Developer shall prepare "As- Built" plans of Plan A Improvements and deliver them to the City Engineer prior to final acceptance of the Plan A Improvements by the City. In the alternative, the Developer may receive final acceptance of the Plan A Improvements by the City if a Letter of Credit in the amount of five (5) percent of the estimated cost of Plan A Improvements is provided to the City. The Letter of Credit shall insure that the "As-Built" plans will be delivered to the City Engineer within 60 days of the City's approval of the Plan A Improvements. VI. Plan B Improvements The Developer has petitioned the City for the installation of Plan B improvements as listed. 5 Description of Improvement Location of Improvement Watermain and street lighting, Valley View Road within Storm sewer, street construction, the plat of Pheasant Run sidewalk and appurtent work First Addition VII. Plan B Improvements Plan B Improvements shall be instituted, constructed and financed pursuant to M.S.A. 429 Improvement Projects as follows: (A) Construction Plan and Approval Thereof The City will engage a duly registered professional civil engineer authorized to practice within the State of Minnesota to prepare detailed plans, specifications, and a cost estimate for complete installation of all Plan B Improvements, in accordance with City Design Criteria and Standard Specifications and submit same to the Shakopee Public Utilities Manager, when required. (B) Initiation Prior to execution of this Agreement, the Developer shall submit to the City Council a Petition as provided for by M.S.A. 429.031 subdivision 3, requesting that Plan B Improvements be made and assessed against the benefitted properties, and that he agrees to the provisions of VII (E) (1) , VII (E) (2) and VII (E) (3) herein. (C) Construction Upon the City Council adopting a resolution determining the sufficiency of each petition, said Plan B Improvements shall be administered and constructed, in all respects, as other City improvements made pursuant to the provisions of M.S.A. Chapter 429 and other applicable statutes. That is: 1) The City shall have sole responsibility for administration of the project, 2) The City will not be responsible for meeting any completion dates scheduled by the Developer and shall not be responsible for any damages as a result of delays in the project, 3) The project administered by the City shall allow for any increase in project cost as permitted by M.S.A. 429 (i.e. 125% of estimated costs) , 4) The Developer and his engineer acknowledge that any changes or any additional work required shall be approved by the City. D) M.S.A. 429 Special Assessment Procedures The Developer will be required to execute a Petition for the installation of all Plan B Improvements. If the City Council orders installation of the petition for Plan B Improvements with the cost to be assessed against the benefited properties, the Developer agrees 6 to pay such assessments on the following terms and conditions: 1) Waiver of Objections To and Right of Appeal from Assessment The Developer agrees to, and hereby does, waive and release (a) any and all objections of every kind to any assessment levied by the City pursuant to this Agreement, including, without limitation, objections to procedures and hearings before the City Council in connection with the Improvements and assessment therefore, objections resulting from failure to fully comply with any applicable statute, and objections to the amount of any assessment thereafter levied against the Subdivision or any other benefited property of Developer due to the Improvements stated herein, and (b) the right to appeal, pursuant to applicable Minnesota Statutes, from any assessment levied pursuant to this Agreement. It is understood by the developer that the City is doing this Chapter 429 Public Improvements at the developer's request and for the developer's convenience, and the City would not be installing the improvements in question without this waiver. 2) Construction After approval of preliminary plans and estimates by the City Engineer, an improvement hearing will be called by the City Council for the purpose of ordering these Plan B Improvements. After approval of final plans and specifications by the City Engineer, bids will be taken by the City and contracts awarded for the installation of the improvements under the City's complete supervision. 3) Levy of Special Assessments and Required Prepayments The entire cost of the installation of Plan B Improvements, including any reasonable engineering, legal and administrative costs incurred by the City, shall be paid by the Developer to the City as special assessments levied against the benefited land. Reference herein to special assessments shall be deemed to include, and shall include, all interest due thereon in accordance with M.S.A. 429. 4) Acceleration Upon Default 7 In the event Developer fails to pay any installment of any special assessment levied pursuant hereto, or any interest thereon, when the same is to be paid pursuant hereto, the City at its option, in addition to its rights and remedies hereunder, by written notice given to Developer, may declare all of the unpaid special assessments which are then estimated or levied pursuant to this Agreement due and payable in full, with interest. The City, at its option, may demand immediate payment thereof and immediately commence legal action against Developer to collect the entire unpaid balance of the special assessments then estimated or levied pursuant hereto, with interest, including reasonable attorneys fees, and Developer shall be personally liable for such special assessments, and, if more than one, such liability shall be joint and several. (E) Developer M.S.A. 429 Payment Methods Assessed or to be Assessed by the City The cost of Plan B Improvements shall be paid by the Developer in accordance with one of the two methods as set forth hereunder. The Developer will indicate the preferred option, but the City shall make the final selection of the appropriate payment option. 1) Developer Payment Method One (1) : Seventy (75) Percent Cash Deposit The Developer shall pay to the City in cash a deposit in the sum and amount of 75% of the City Engineer's estimated total assessment for all such Plan B Improvements, said amount to be paid upon such execution of this agreement. The cash so paid by the Developer to the City will bear interest for each year at a rate equal to one percent (1%) below the average interest rate (rounded to the nearest quarter) on the investments held by the City on December 31st of the respective year until said deposit equals all remaining assessments levied against the benefited property then said deposit plus all accrued interest shall be used to pay the remainder of the assessments due. Any excess in deposits will be returned to the developer. If the Developer fails to pay any assessments, interest or penalty as the same come due, the City may draw on said deposit for any such amounts not paid. Those assessments as levied shall be paid by the Developer to the City as special assessments levied against the benefited land. 8 On or before an occupancy permit (conditional or permanent) will be granted for any of said lots, pieces or parcels, the Developer hereby agrees to pay to the City the remaining principal balance, plus any unpaid interest and penalties, or all assessments assessed or to be assessed under this agreement (including assessments made prior to this agreement) against said lot, piece or parcel, the amount to be determined as of the date said occupancy permit (conditional or permanent) is granted. If the assessments governed by this paragraph have not been assessed, the developer agrees to pay the estimated assessment to be levied against the benefited land. The developer shall be liable to the City for any deficiency which shall become due and payable at the time assessments are levied and the City shall pay to the developer any overplus arising from payment based on an estimate plus interest for each year at a rate equal to one percent (1%) below the average interest rate (rounded to the nearest quarter) on the investments held by the City on December 31st of the respective year from date of payment to date of reimbursement. It is further agreed and understood that the payments required by obtaining an occupancy permit (conditional or permanent) shall in no way limit or be used to offset the Developer's obligation to pay assessments as they come due for those lots for which obligation shall continue until such time as all assessments authorized herein have been paid in full. Upon the payment of the assessment on any lot, piece or parcel, the City shall issue a release in recordable form so as to remove the recording of this agreement against that particular lot, piece or parcel on which such payment has been made, provided all other conditions of this agreement have been met. 2) Payment Method Two (2) : Seventy-five (75) Percent Letter of Credit The Developer shall submit to the City a certified letter of credit approved by the City Attorney made payable to the City of Shakopee upon which the City may draw, in the amount of 75% of the City Engineer's estimated total assessment for all such Plan B Improvements, said letter of credit to be submitted upon execution of this agreement. If the Developer fails to pay any assessments, interest or penalty as the same come due, the City may draw on said letter of credit for any such amounts not paid. Those assessments as levied 9 shall be paid by the Developer of a future lot, piece or parcel owner to the City as special assessments levied against the benefited land. The letter of credit shall be renewed annually. If not renewed, the City shall draw on all of the money in the existing letter of credit before it expires. The letter of credit shall be renewed annually. If not renewed the City shall draw on all of the money in the existing letter of credit before it expires. The letter of credit shall be terminated upon payment of all assessments due on developer owned lots and may be reduced to equal the actual amount of assessments due when 25% or more of the assessments have been paid. Reductions are limited to one per year. (F) Payment Method Selected: (G) Easements The Developer shall make available to the City, at no cost to the City, all permanent or temporary easements necessary for the installation of said Plan B Improvements. (H) Building Permits The City may issue building permits when required improvements are substantially complete, as determined by the City Engineer. VIII. General (A) Violation of Provisions of Agreement In the event the developer violates any of the covenants and agreements herein contained and to be performed by the developer, the City has the option to commence an action for specific performance requiring the developer to live up to the covenants and agreements and the developer agrees that the City shall be entitled to its administrative costs, legal costs, and reasonable attorney's fees in connection with said action. (B) Binding Effect The terms and provisions hereof shall be binding upon and insure to the benefit of the representatives, successors and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the subdivision and shall be deemed covenants running with the land. Reference herein to Developer, if there be more than one, shall mean each and all of them. This Agreement shall be placed on record so as to give notice to subsequent purchasers and encumbrances of all or any part of the subdivision and all recording fees shall be paid by the Developer. Upon the filing of a release from the City, all agreements contained herein shall thereafter be inapplicable to any property covered by said release. 10 (C) Notices Any notices permitted or required to be given or made pursuant to this Agreement shall be delivered personally or mailed by United States Mail to the addresses hereinafter set forth by certified or registered mail. Such notices, demand or payment shall be deemed timely given or made when delivered personally or when deposited in the United States Mail in accordance with the above. Addresses of the parties hereto are as follows: If to the City - City Administrator City Hall 129 Holmes Street South Shakopee, MN 55379 If to the Developer - Joseph Hilla Pheasant Run of Shakopee 2500 West County Road 42 Ste. 110 Burnsville, MN 55337 (D) Release of Developers Agreement Upon completion or partial completion of Plan A Improvements, the City may release all or a portion of the cash, letter of credit or performance bond deposited under Paragraph V (B) , retaining 125% of the City Engineer's estimate of the cost, including City inspection and administration, to complete the improvements, provided however, that the Developer submit a Maintenance bond guaranteeing said improvements for a period of one year after final acceptance by the City. Should the Developer fail or refuse to submit to a Maintenance Bond as provided herein, the City may retain some or all of the cash or letter of credit as security for the one year written guarantee as provided in Paragraph V (G) (4) . Should the certified letter of credit be for such a period of time so as to preclude its use under this paragraph, the City is authorized to draw against such letter of credit at any time to complete said improvements or to make such repairs or additions as would be provided under the one year written guarantee when, in the judgment of the City, the City determines that the Developer is not going to complete such improvements or make such repairs. (E) Incorporation by Reference All City of Shakopee Design Criteria, Standard Specifications, including bonding provisions, the approved plans, addenda, change orders, special provisions, proposals, specifications and contract for the Improvements furnished and let pursuant to this Agreement shall be and hereby are made part of this Agreement by reference as fully as if set out herein full. 11 (F) Changes from Plan A Improvements to Plan B Improvements and from Plan B Improvements to Plan A Improvements It is agreed and understood that the Developer, at its option, is authorized to enter into this Agreement providing for some Plan A Improvements and some Plan B Improvements. At such time as the Developer may choose after the execution of this Agreement, the Developer may, in writing, request that some or all of the improvements originally designated as Plan A Improvements be changed to Plan B Improvements. The City in its sole and absolute discretion may enter into a 'Plan A to Plan B Change Agreement' which shall be recorded. It is specifically agreed and understood, however, that no changes made in accordance with this paragraph will in any way reduce, lessen, obviate or cancel in any way, manner or form the provisions or requirements of this Agreement respecting improvements under Plan A made prior to such change. In the event the Developer wishes to change some or all of Plan B Improvements to Plan A Improvements, then it shall apply in writing to the City for such changes and the City in its sole and absolute discretion may enter into a 'Plan B to Plan A Change Agreement' which shall be recorded. IX. Payments to the Park Fund in Lieu of Land Dedication In accordance with the authority provided by the Shakopee City Code, Section 12.07, Subd. 5, the Developer and the City hereby acknowledge that there is due to the City under the terms of said Section by the developer, dedication of land for park, playground, and open space purposes or cash contribution in lieu of such dedication. The developer has satisfied this requirement through the dedication of Outlot A within the subdivision. X. Other Conditions of the City's Plat Approval Agreed to by the Developer. The Developer agrees to the additional conditions being imposed in this agreement as follows: (A) No building permits shall be issued for any of the proposed outlots until such time as they are replatted or combined with adjacent properties so that they meet the City's design standards. (B) The developer shall install all subdivision monumentation within one year from the date of recording the plat. At the end of the one year period from recording of the plat, the developer shall submit to the City Engineer written verification by a registered land surveyor that the required monuments have been installed throughout the plat. Monumentation may only be installed on a per lot basis at the time of building permit issuance with prior approval of the City Engineer. 12 IN WITNESS WHEREOF, The City and Developer have caused this Agreement to be duly executed on the day and year first above written. DEVELOPER: CITY OF SHAKOPEE Pheasant Run of Shakopee, L.L.P. By Mayor By By Its Partner City Administrator By By Its Partner City Clerk STATE OF MINNESOTA) ss COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this day of , 19 by Jon Brekke, Mayor; Mark McNeill, City Administrator and Judith S. Cox, City Clerk of the City of Shakopee, Minnesota, on behalf of said City. Notary Public, My Commission Expires STATE OF MINNESOTA) ss COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 19 , by Raymond G. Ames and Joseph J. Hilla, Partners of Pheasant Run of Shakopee, L.L.P. , a Minnesota partnership, on behalf of the partnership. Notary Public, My Commission Expires This instrument was drafted by City of Shakopee 129 Holmes Street South Shakopee, MN 55379 is \clerk\judy\deveagre.pr 13 E. CITY OF SHAKOPEE CONSENT Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: Southwest Metro Drug Task Force DATE: October 7, 1998 Introduction Finance has been approached to provide financial services to the Task Force of which we are a member. Background Finance has been approached by Chief Hughes on behalf of the Task Force to provide financial services. The Task Force has concerns over effective use of personnel, it ' s internal controls for cash and cash flows in such a small organization. It is anticipated that the Task Force will reimburse the city for the cost of the service. Such services would be accounts payable, accounts receivable, cash management and reporting. Most of the activity would be for paying bills. One option is the have a separate fund on the city books and use the city' s checks and checking account. This would be the most cost effective and easiest to administer, but the checks issued for the Task Force would show on the Council ' s bill list . Another option is to have a separate checking account which would involve more staff time and related costs . Alternatives 1 . Do not provide financial services. 2 . Provide financial services using the city' s bank account . 3 . Provide financial services using a separate bank account . Recommendation As part of belonging to various organizations, I feel that the city should do its share of supporting activities. This is estimated to not entail a significant increase in work load if option 2 is approved. Action Move to authorize city staff to provide financial services to the Southwest Metro Drug Task Force utilizing the City checking account . Gregg Voxland Finance Director c:\memo\gregg\taskforc SouthWest Metro Drug Taskforce Financial Procedures For financial transactions, the City of Shakopee will provide the below listed services and the Task Force will coordinate to effectuate the services. 1 . Accounts payable; • The Task Force Sergeant will approve all disbursements before checks are prepared or released. • The City will issue checks to pay bills using its checking account and checks will be signed by city officials. Checks will be mailed by the City directly to vendors . The City will maintain a file of all bills paid. • A printout showing all bills paid for a month will be provided to the Task Force. 2 . Accounts Receivable/receipting; • The City will receipt and enter into city records any money received for the Task Force and deposit into the City checking account (credited to Task Force) . 3 . Reports; • The City will provide its standard monthly reports that include: all activity through the Task Force fund, balance sheet, income and expenditure statement . 4 . Cost • The Task Force will pay the City for services rendered. The initial estimate of the amount to be charged is $50 . 00 per month excluding audit fees. 5 . Effective Date • January 1, 1999 will be the effective date of the City providing financial services. 6 . Audit • Audit activities and fees will be coordinated between the City and the Task Force to the extend possible in order to minimize audit costs for the Task Force. 15. E. CITY OF SHAKOPEE Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: TIF Plan Modification DATE: October 16, 1998 Introduction and Background This is a supplementary memo to the memo dated October 14th. Bond counsel has furnished a resolution to set the public hearing date instead of the motion included in the previous memo. Attached is Resolution No. 5007 setting the hearing. Action Requested Offer Resolution No. 5007 A Resolution Calling For A Public Hearing On The Modification of Tax Increment Financing Plans For TIF Districts Nos . 1, 3 , 7 And 9 And A Modified Redevelopment Plan For The Minnesota River Valley Housing And Redevelopment Project No. 1 and Move it adoption. Gregg Voxland Finance Director Oct-16-98 12:16pm From—KENNEDY & GRAVEN +6123379310 T-425 P.02/03 F-809 CITY OF SHAKOPEE Resolution No. 500 9 RESOLUTION CALLING FOR A PUBLIC HEARING ON THE MODIFICATION OF TAX INCREMENT FINANCING PLANS FOR TAX INCREMENT FINANCING DISTRICTNOS.1,3,7 and 9 AND A MODIFIED REDEVELOPMENT PLAN FOR THE MINNESOTA RIVER VALLEY HOUSING AND REDEVELOPMENT PROJ ECT NO. 1 WHEREAS,the City of Shakopee("City")has previously established its Minnesota River Valley Housing and Redevelopment Project No. 1 (the "Project")pursuant to Minn. Stat. Section 469.001 to 469.047("HRA Act");and WHEREAS,within the Project the City has created Tax Increment Financing Districts Nos. 1, 3, 7, and 9 (the "TIF Districts")pursuant to Sections 469.174 to 469.179 (collectively,the "TIF Act");and WHEREAS, the Project and the TIF Districts are now administered by the Economic Development Authority for the City of Shakopee(the"Authority");and WHEREAS, the City Council has determined to consider a modification of the redevelopment plan ("Project Plan") for the Project and the tax increment financing plans ("TIF Plans") for the TIF Districts,and to hold a public hearing regarding those actions in accordance with the HRA Act and TIF Act. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shakopee, that: 1. The Authority,and its staff and consultants,hereby authorized and directed to cause to be prepared a modification to the Project Plan and TIF Plans and to tile a copy of such documents in City Hall. 2. The City Clerk is authorized and directed to prepare a notice for publication in the City's official newspaper setting a public hearing before the City Council on November 17, 1998,at 7:00 p.m.in the council chambers on the Project Plan and T1F Plans. The notice shall be published in the newspaper at least 10 but not more than 30 days prior to the public hearing,and shall include a map of the Project area and each TIF District. 3. The Council ratifies action of Authority staff and consultants in transmitting a copy 5J8-151714 SH235-5 Oct-16-98 12:16pm From—KENNEDY & GRAVEN +6123379310 T-425 P.03/03 F-809 of the modified Project Plan and TIF Plans to the County Board and School Board at least 30 days before the date of the public hearing, and authorizes staff and consultants to take all other actions necessary to bring such plans before the City Council at the time of the public hearing. Approved by the City Council of the City of Shakopee this 20th day of October, 1998. Mayor ATTEST: City Clerk 2 Eli 67 CITY OF SHAKOPEE Memorandum CONSENT �/ 'Y G f Vy.rf TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: TIF Plan Modification DATE: October 14, 1998 Introduction and Background Attached for your information is the packet of documents prepared by counsel to be used to amended the TIF Plan and Budget for TIF districts 1, 3 , 7 and 9 . This is to update the financial part of the plan based on 1997 and 1998 events and forecasts . The County and School District should receive their copy on October 16 . Action Requested Move to set a public hearing on the modification of the Redevelopment Plan for the Minnesota River Valley Housing and Redevelopment Project No. 1 and Modification of the Tax Increment Financing Plans for TIF Districts Nos . 1, 3 , 7 and 9 to be held at 7 : 00 p.m. on November 17, 1998 . Gregg Voxland Finance Director 470 Pillsbury Center Kennedy 200 South Sixth Street Minneapolis MN 55402 (612) 337-9300 telephone Graven (612)337-9310 fax CHAR TER ED e-mail:attys@kennedy-graven.com STEPHEN J. BUBUL Attorney at Law Direct Dial(612) 337-9228 October 13, 1998 Greg Voxland Finance Director City of Shakopee 129 Holmes Street South Shakopee,MN 55379-1351 Re: TIF Plan Modification Dear Greg: Enclosed are the following documents related to the Redevelopment and TIF Plan modification: 1. Schedule. 2. Redevelopment Plan and TIP Plan Modification. 3. Notice of Public Hearing. A map of the entire Project area, and each TIF District, must be published along with the notice. 4. Planning Commission resolution. This action is required by the HRA and TIF statutes. The commission's role is simply to confirm that the plan conforms to the comprehensive City plan; they have consistently made this finding in all past plan modifications. 5. EDA resolution approving modification. 6. City resolution approving modification. If you have any questions,please give me a call. Very ly yours, Stephen J.Bubul SJB:par cc: Judy Cox Mark McNeill Paul Snook Dave McGillivray, Springsted SJB-151507 SH235-5 PROPOSED SCHEDULE MODIFICATION OF TIF PLANS,DISTRICTS 1,3,7 AND 9 October 16, 1998 Draft TIF Plan delivered to county and school district. Before November 17, 1998 Planning Commission reviews plans, provides written comment. October 30, 1998 Public hearing notice delivered to newspaper. November 5, 1998 Public hearing notice published. November 17, 1998 EDA approves plans. November 17, 1998 Public hearing before City Council;plans adopted. SJB133596 SH235-5 CITY OF SHAKOPEE RESOLUTION NO. RESOLUTION APPROVING MODIFICATION OF TAX INCREMENT FINANCING PLANS FOR TAX INCREMENT FINANCING DISTRICT NOS. 1, 3, 7 and 9 AND A MODIFIED REDEVELOPMENT PLAN FOR THE MINNESOTA RIVER VALLEY HOUSING AND REDEVELOPMENT PROJECT NO. 1 BE IT RESOLVED By the City Council ("Council") of the City of Shakopee("City") as follows: Section 1. Recitals. 1.01. The City has previously established its Minnesota River Valley Housing and Redevelopment Project No. 1 (the "Project")pursuant to Minn. Stat. Section 469.001 to 469.047 1.02. Within the Project the City has created Tax Increment Financing Districts Nos. 1, 3, 7 and 9 (the "TIF Districts") pursuant to Sections 469.174 to 469.179(collectively,the "TIF Act"); and 1.03. The Project and the TIF Districts are now administered by the Economic Development Authority for the City of Shakopee ("Authority"). 1.04. The Authority and City have determined to consider a modification of the redevelopment plan ("Project Plan") for the Project and the tax increment financing plans ("TIF Plans") for the TIF Districts, as described in a modification document presented to the Council on this date. 1.05. The modified Project Plan and TIF Plans were, in accordance with the HRA Act and TIF Act, referred to the City planning commission which submitted to the City its written opinion that such plans conform to the general plan for the development of the City as a whole. 1.06. Estimates of the fiscal and economic implications of the modified TIF Plans were presented to the school board of Independent School District No. 720 and to the county board of commissioners of Scott County at least 30 days before the public hearing on the TIF Plans, all in accordance with the TIF Act. 1.07. By resolution dated November 17, 1998, the Authority approved the modified Project Plan and TIF Plan and referred them to the Council for public hearing and consideration. 1.08. This Council has fully reviewed the contents of the modified Project Plan and TIF Plans and this date conducted a duly noticed public hearing thereon, at which the views of all interested persons were heard. Section 2. Findings; Redevelopment Project. 2.01. It is hereby found and determined that within the Project as modified there exist conditions of economic obsolescence, underutilization and inappropriate uses of land constituting blight within the meaning of the HRA Act. The findings stated in the modified Project Plan are incorporated herein by reference. SJB-151534 SH235-5 2.02. It is further specifically found and determined that: a) the land within the Project as modified would not be made available for development without the public intervention and financial assistance described in the Project Plan; b) the Project Plan as modified will afford maximum opportunity,consistent with the sound needs of the City as a whole, for the development of the Project by private enterprise; and c) the Project Plan as modified conforms to the general plan for development of the City as set forth in the comprehensive municipal plan. Section 3. Findings TIF District Nos. 1, 3,7 and 9. 3.01. It is found and determined, and it is the reasoned opinion of the Council, that the redevelopment of the Project as described in TIF Plans, as modified,could not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and the use of tax increment financing for assistance as described in the TIF Plans as modified is deemed necessary. 3.02. The proposed public costs to be financed in part through tax increment financing are necessary to permit the City to realize the full potential of the Project in terms of development intensity, employment opportunities and tax base. 3.03.The modified TIF Plans conform to the general plan of development of the City as a whole. 3.04. The modified TIF Plans will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the redevelopment of the Project by private enterprise. 3.05. TIF District No. 1 remains a TIF District established before August 1, 1979 and is not subject to the TIF Act except as described in the modified TIF Plan therefor; TIF District No. 3 remains a redevelopment district under the TIF Act in effect upon approval of the TIF Plan for that TIF District; and TIE District Nos. 7 and 9 remain economic development districts under the TIF Act in effect upon approval of the TIF Plans for those TIF Districts. 3.06. The approval of the modified TIF Plans is intended, and in the Cites judgment its effect will be, to promote the public purposes and accomplish the objectives specified in the TIF Plans and the Project Plan. 3.07. The reasons and supporting facts on which findings in this Section are based include the reports and recommendations of City staff regarding unmet redevelopment needs within the Project, as well as reasons and facts set forth in each TIF Plan and the Project Plan as a whole. Section 4.Plans Adopted; Filing. 4.01.The modified Project Plan and TIF Plans are hereby approved and adopted. 4.02. The Authority is authorized and directed to file a copy of the modified Project Plans and TIF Plans with the Minnesota Commissioner of Revenue as required by the TIF Act. 2 Approved by the City Council of the City of Shakopee this 17th day of November, 1998. Mayor Attest: City Clerk 3 MODIFICATION OF HOUSING AND REDEVELOPMENT PLAN FOR MINNESOTA RIVER VALLEY HOUSING AND REDEVELOPMENT PROJECT NO. 1 AND MODIFICATIONS OF TAX INCREMENT FINANCING PLANS FOR TAX INCREMENT FINANCING DISTRICTS NOS. 1, 3, 7 AND 9 I. Background. The Shakopee Economic Development Authority("Authority")currently administers the Minnesota River Valley Housing and Redevelopment Project No. 1 ("Project"). Within the Project, the Authority administers Tax Increment Financing Districts ("TIF Districts") Nos. 1, 3, 7 and 9 (among other districts not addressed in this document). The Project is governed by a Housing and Redevelopment Plan ("Project Plan"), which generally describes the overall objectives for the Project and contains estimates of public improvement costs (Section 1.7) and descriptions of public improvements (Section 1.8). Except as described below, each TIF District is also governed by a tax increment financing plan ("TIF Plan"), which is incorporated into the Project Plan. Generally, the budget of expenditures for each TIF Plan is described by cross-reference to Section 1.7 of the Project Plan. The Authority and City have determined a need to modify the Project Plan and the TIF Plans for the cited TIF Districts. The purpose of this modification is to summarize expenditures to date and modify the budget for future expenditures. TIF District No. 1 was established prior to August 1, 1979 under the predecessor statute to Minnesota Statutes, Sections 469.001 to 469.047 (the "HRA Act"). As such, this TIF District is not generally subject to the requirements of Minnesota Statutes, Sections 469.174 to 469.179 (the "TIF Act"). However, under Section 469.179, subd. 2, if development or redevelopment activity of this "Pre-1979" district is extended beyond the scope of activity set forth in the redevelopment plan under the HRA Act after May 1, 1988, the Authority must, with regard to the new activity,conform to the provisions of the TIF Act. Accordingly, to the extent any activity described in this modification extends beyond the scope of the Project Plan as of May 1, 1988, this document is intended to constitute a tax increment plan for TIF District No. 1 for the purposes of complying with Section 469.179, subd. 2. Nothing in this document is intended to alter the status of TIF District No. 1 as a"pre-1979" district for the purposes of the TIF Act. II. Redevelopment and TIF Plan Modifications. The tables attached as Exhibit A modify Subsection 1.7 of the Project Plan and the comparable "estimated public cost" sections of the TIF Plans for TIF District Nos. 1, 3, 7 and 9. Consistent with the existing Project Plan, it remains the Authority's intent that all public costs set forth in the Project Plan may be financed by expenditures from any of the named TIF Districts, subject to any limitations otherwise imposed on expenditures from any TIF District under the TIF Act. The Project Plan and each TIF Plan remain in full force and effect and are not modified except as SJB134433 SH235-5 provided in this document. III. Estimated Impact on other Taxing Jurisdictions. The Authority believes that the TIF Plan modifications described herein have no fiscal impact on other taxing jurisdictions, as the modifications do not add new property to any TIF District, propose any increase in captured tax capacity, or extend the duration of any TIF District. Rather, the purpose of the modifications is to increase and revise the budget of expenditures from existing projected tax increments, in order to accomplish the redevelopment goals for the Project. SJB134433 SH235-5 2 City of Shakopee EXHIBIT A Tax Increment Budget Amendment Districts 1-9 1996 Amendment TIF District 1 Sources Through 1991 Future Total Tax increment $28,572,371 $4,742,788 $33,315,159 Interest Income 7,430,835 170,000 7,600,835 Bond Proceeds 29,178,932 29,178,932 Loan Proceeds 500,000 - 500,000 Real Estate Sales 1,139,468 1,139,468 Special Assessments 228,978 228,978 Rent/Lease 44,252 - 44,252 State Aid Construction 1,756,281 1,756,281 Transfer in District#1 District#2 340,602 - 340,602 District#3 361,927 85,593 447,520 District X4 2,221,636 2,221,636 District are 222,147 222,147 District07 91,415 41,705 133,120 DistrictS9 5,199 682,968 688,167 Transfer From Other Funds - General Fund 72 72 Capital Improvement Fund 108,669 108,669 Total Sources 72,202,784 5,723,054 77,925,838 Project Costs Land Acquisition/Writedown KMad 1,139,468 1,139,488 Highrise - Mebco - FMG - Block 3&4 1,741,255 50,990 1,792,245 Subtotal 2,880,723 50,990 2,931,713 Site Improvements KMart 1,598,915 1,598,915 BL 3&4 178,731 178,731 FMG - Subtotal 1,777,646 - 1,777,646 Public Utilities KMart 1,576,045 1,576,045 Highrise Offsite - Stone Drainage 6,646,911 6,646,911 Rehr Force Main 304,765 304,765 Chaska Interceptor 1,634,565 1,634,565 Subtotal 8,527,721 1,634,565 10,162,286 Parking Facilities - Streets&Sidewalks 210,916 210,916 Offsite-Track 2,932,395 2,932,395 Downtown 3,035,420 3,035,420 KMart 158,497 158,497 South Bypass 1,136,454 1,136,454 169 Bridge/junction 1,922,808 1,922,808 Downtown Alleys 500,000 500,000 9,896,490 - 9,896,490 Public Parks - Park Improvements Tahpah Stadium Restrooms 380,000 380,000 SociabRWConference 5,699,367 90,000 5,789,367 5,699,367 470,000 6,169,367 Bond Principal 25,420,000 3,695,000 29,115,000 Bond Interest 10,707,955 445,420 11,153,375 Loan Principal 82,900 417,100 500,000 Loan/note Interest 25,109 13,038 38,147 36,235,964 4,570,558 40,806,522 Administrative Costs 4,140,420 Debt Service 379,571 13,000 392,571 KMArt Project 46,476 46,476 Highrise Highrise Relocation Downtown - Motel • 169 Bridge/junction 22,785 22,785 Drainage 34,883 34,883 So.Bypass 23,179 23,179 HRA/EDA 228,720 228,720 Offsite 33,875 33,875 Downtown 9,987 9,987 Mebco Civic Center 15,301 15,301 City 439,000 439,000 FMG - Block 3 6 4 25,776 25,778 Block 3&4 Relocation 385,907 40 385,947 Subtotal 1,845,460 13,040 1,658,500 Other ISD pints 1,755,976 316,038 2,072,012 Relocation Returned for Distribution - Subtotal 1,755,976 316,036 2,072,012 Total uses of Funds 68,419,347 7,055,189 75,474.536 Transfer To Other Districts District SI District 04 2,356,526 2,356,526 District e6 94,776 94,776 District X10=191 Transfer To Other Funds - Total Other Uses 2,451,302 - 2,451,302 Excess(deficiency)of Revenues over Expenditures $1,332,135 ($1,332,135) ($0) A-1 City of Shakopee Tax Increment Budget Amendment 1998 Amendment TIF District 3 9 TIF District 7 Sources Through 1997 Future Total 9 Through 1337 Future Total Tax Increment $550,247 93,036 $643,283 # $270,343 $41,705 $312,048 Interest Income - 9 5,904 5,904 Bond Proceeds 159,186 159,186 # - Loan Proceeds - # 157,984 157,984 Real Estate Sales - # - Special Assessments - 1 - Rent/Lease # - State Aid Construction # ' Transfer in # - District#1 # - District#2 - # . District#3 - # - District#4 # - District#6 - # District#7 - # - District#9 # - Transfer From Other Funds - # . General Fund - # - Capital Improvement Fund - it Total Sources 709,433 93,036 802,469 # 434,231 41,705 475,938 it Project Costs Land Acquisition/Writedown # KMart - # - Highrise # - Mebco - it 142,682 142,682 FMG - # Block 3&4 # Subtotal • - - # 142,682 - 142,682 Site Improvements # KMart - # . BL 364 FMG # - Subtotal - - # - • Public Utilities # KMart # - Highrise Offsite - # . Storm Drainage # - Rehr Force Main - # - Chaska Interceptor - # - Subtotal - - # - Parking Facilities - # - Streets 3 Sidewalks 243,941 243,941 # - OBsite-Track - # . Downtown # - KMart # - South Bypass # - 169 Bridge/junction # - Downtown Alleys - I - - 243,941 # - - Public Parks # Park Improvements - # - Tahpah Stachum Restrooms Social/Roc/Conference # - - # - Bond Principal - # - Bond Interest - I - Loan Principal - # 157,984 157,984 Loan/note Interest - # . • - # 157,984 - 157,984 Administrative Costs # Debt Service # KMArt Project it - Highrise - # - Highrlse Relocation # - Downtown 54,240 54,240 # - Motel # - 169 Bridge/junction # - Drainage # So.Bypass # - HRA/EDA - # Offsite I - Downtown - # Mebco # 15,303 15,303 Civic Center ' # - City - # - FMG # - Block 3&4 # Block 3&4 Relocation # - Subtotal 54,240 - 54,240 # 15,303 - 15,303 Other # ISO pmts 49,325 7,443 56,768 0 26,847 26,847 Relocation # Returned for Distribution - . Subtotal 49,325 7,443 58,768 0 26,847 - 26,847 Total uses of Funds 347,506 354,949 # 342,816 - 342,816 # Transfer To Other Districts it District#1 361,927 85,593 447,520 # 43,277 41,705 84,982 Distrix#4 # - District#6 # - District#10e#1 - # 48,138 48,138 Transfer To Other Funds # - - # - Total Other Uses 361,927 85,593 447,520 1 91,415 41,705 133,120 # Excess(deficiency)of # Revenues over Expenditures $0 $0 $0 # $0 30 $0 A-2 City of Shakopee Tax Increment Budget Amendment 1998 Amendment TIF District 9 S TIF Districts TOTAL Sources Through 1197 Future Total it Through 1997 Future Total Tax Increment $2,170,920 $682,968 $2,853888 S $32,372,232 25,560,497 37,932,729 Interest Income 5,200 5,200 5 7,851,459 170,000 8,021,459 Bond Proceeds - 8 30,196,615 - 30,196,615 Loan Proceeds - 5 857,984 - 657,984 Real Estate Sales - 5 1,159,468 - 1,159,468 Special Assessments - 5 228,978 - 228,978 Rentllease - 5 44,252 - 44,252 State Aid Construction - 9 1,818,757 - 1,818,757 Transfer in - f - - - District i1 - 5 94,776 - 94,776 District#2 - 5 384,402 - 384,402 District 53 - 5 361,927 85,593 447,520 District04 - 5 2,221,636 - 2,221,636 District i6 • 5 222,147 - 222,147 District#7 - 5 249,399 41,705 291,104 District 99 - 8 5,199 682,968 688,167 Transfer From Other Funds - S - - - General Fund - 9 72 - 72 Capital improvement Fund - 5 108,669 - 108,669 Total Sources 2,176,120 682,968 2,859,088 5 77,977,972 8,540,763 84,518,735 f Project Costs Land Acquisition/Writedown S KMart - 5 1,139,468 - 1,139,468 Highrise - 5 83,985 - 83,965 Mebco - 5 142,682 - 142,682 FMG 1,053,034 1,053,034 5 1,053,034 - 1,053,034 Block 3&4 - 5 1,741,255 50,990 1,792,245 Subtotal 1,053,034 - 1,053,034 5 4,160,404 50,990 4,211,394 Site Improvements S KMart - 5 1,598,915 - 1,598,915 BL 3&4 178,731 - 178,731 FMG 17,293 - 17,293 5 17,293 - 17,293 Subtotal 17,293 - 17,293 5 1,794,939 - 1,794,939 Public Utilities S KMart - 5 1,576,045 - 1,576,045 Highrisa Offsite - 5 139,843 - 139,843 Storm Drainage - 5 6,646,911 - 6,646,911 Rahr Force Mai _ - 5 304,765 - 304,765 Chaska Interceptor - ♦ - 1,634,565 1,634,565 Subtotal - - - 9 8,667,564 1,634,565 10,302,129 Parking Facilities - 8 - - - Streets&Sidewalks - 9 542,678 - 542,676 Offsite-Track - 5 2,932,395 - 2,932,395 Downtown - 5 3,035,420 - 3,035,420 KMart - S 158,497 - 158,497 South Bypass - 9 1,138,454 - 1,136,454 169 Bridgeftunction - f 1,922,808 - 1,922,808 Downtown Alleys - 5 500,000 - 500,000 - - S 10,228,250 - 10,228,250 Public Parks S Park Improvements • i - - - Tahpah Stadium Restrooms - 380,000 380,000 SociaiRec/Conference - 5 5,699,367 90,000 5,789,367 - - • 9 5,699,367 6,169,387 Bond Principal - 5 26,290,000 3,695,000 29,985,000 Bond Interest - f 11,077,468 445,420 11,522,888 Loan Principal - 5 398,868 417,100 815,968 Loan/note Interest 780,010 760,010 5 785,119 13,038 798,157 760,010 - 5 38,551,455 4,570,558 43,122,013 Administrative Costs S Debt Service - 5 379,571 13,000 392,571 KMArt Project - 5 46,476 - 46,476 Highrise - 0 11,544 - 11,544 Highrise Relocation - 5 5,819 - 5,819 Downtown - 5 54,240 - 54,240 Motel - 5 23,858 - 23,858 169 Bridge/junction - S 22,785 - 22,785 Drainage • 5 34,883 - 34,883 So.Bypass - S 23,179 - 23,179 HRNEDA - S 228,720 - 228,720 Offsite - 5 33,875 - 33,875 Downtown - 5 9,987 - 9,987 Mebco - 5 15,303 - 15,303 Civic Center - 5 15,301 - 15,301 City - 5 439,000 - 439,000 FMG 59,881 59,881 9 59,881 - 59,881 Block 3&4 - S 25,776 - 25,776 Block 3&4 Relocation - 5 385,907 40 385,947 Subtotal 59,881 - 59,881 i 1,816,105 13,040 1,829,145 Other ISD pmts 280,703 280,703 5 2,170,425 323,479 2,493,904 Relocation - S - - - Returned for Distribution - 9 40,936 - 40,936 Subtotal 280,703 - 280,703 5 2,211,361 323,479 2,534,840 Total uses of Funds 2,170,921 - 2,170,921 5 73,129,445 7,082,632 80,192,077 f Transfer To Other Districts • District it 5,199 682,968 688,167 5 973,152 810,266 1,783.418 District 54 - 5 2,356,526 - 2,356,526 District a6 - 5 138,576 - 138,576 District 510=X1 - 5 48,138 - 48,138 Transfer To Other Funds - f - - - - S - - - Tota Other Uses 5,199 682,968 688,167 9 3,516,392 810,266 4,326,658 S Excess(deficiency)of tt Revenues over Expenditures $0 $0 $0 8 $1,332,135 ($1,332,135) ($0) A-3 NOTICE OF PUBLIC HEARING NOTICE is hereby given that the City Council of the City of Shakopee will meet in the City Hall, 129 Holmes Street, Shakopee, Minnesota at 7:00 p.m. on Tuesday, November 17, 1998, to conduct a public hearing on the modification of the Redevelopment Plan for the Minnesota River Valley Housing and Redevelopment Project No. 1 (the "Project") and modification of the Tax Increment Financing("TIF")Plans for TIF District Nos. 1, 3,7 and 9. The boundaries of the Project and each TIF District are shown in the map below. The purpose of the proposed plan modifications is to update and clarify the budget of expenditures for the identified TIF Districts. Details on the proposal are contained in the modified Redevelopment Plan and TIF Plans, a draft copy of which will be available for public inspection at the Shakopee City Hall during regular business hours. Any person wishing to express an opinion on the matters to be considered at the public hearing will be heard orally or in writing. Dated: Judy Cox City Clerk City of Shakopee,Minnesota SJB134434 SH235-5 CITY OF SHAKOPEE PLANNING COMMISSION RESOLUTION NO. RESOLUTION FINDING THE MODIFICATION OF HOUSING AND REDEVELOPMENT PLAN FOR MINNESOTA RIVER VALLEY HOUSING AND REDEVELOPMENT PROJECT NO. 1 AND MODIFICATIONS OF TAX INCREMENT FINANCING PLANS FOR TAX INCREMENT FINANCING DISTRICTS NOS. 1, 3, 7 AND 9 CONSISTENT WITH THE PLANS FOR DEVELOPMENT OF THE CITY OF SHAKOPEE WHEREAS, the City Council of the City of Shakopee has authorized preparation of a modified Redevelopment Plan for the Minnesota River Valley Housing and Redevelopment Project No. 1 ("Project") and modification to the Tax Increment Financing Plans ("TIF Plans") for Tax Increment Financing District Nos. 1, 3,7 and 9 within the Project, and the modified Redevelopment Plan and TIF Plans have been submitted to the Planning Commission for comment; and WHEREAS, the Planning Commission has reviewed the modified Redevelopment Plan and TIF Plans and has compared them with the plans for development of the City as a whole. NOW, THEREFORE, BE IT RESOLVED By the Planning Commission of the City of Shakopee, Minnesota as follows: 1. The modified Redevelopment Plan for the Project and the modified TIF Plans for TIF District Nos. 1, 3, 7 and 9 are found to be consistent with the plan for development of the City of Shakopee as a whole. 2. City staff are authorized and directed to provide a copy of this resolution to the City Council and the board of commissioners of the Shakopee Economic Development Authority as the Planning Commission's written comment regarding the proposed plan modifications. Approved this — day of , 1998, by the Planning Commission of the City of Shakopee,Minnesota. Chairperson ATTEST: Secretary SJB-134435 SH235-5 ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY OF SHAKOPEE RESOLUTION NO. RESOLUTION APPROVING MODIFICATION OF TAX INCREMENT FINANCING PLANS FOR TAX INCREMENT FINANCING DISTRICT NOS. 1, 3, 7 and 9 AND A MODIFIED REDEVELOPMENT PLAN FOR THE MINNESOTA RIVER VALLEY HOUSING AND REDEVELOPMENT PROJECT NO. 1 BE IT RESOLVED By the Board of Commissioners ("Board") of the Economic Development Authority for the City of Shakopee("Authority") as follows: Section 1. Recitals. 1.01. The City of Shakopee ("City") has previously established its Minnesota River Valley Housing and Redevelopment Project No. 1 (the "Project") pursuant to Minn. Stat. Section 469.001 to 469.047 ("HRA Act"). 1.02. Within the Project the City has created Tax Increment Financing Districts Nos. 1, 3, 7 and 9 (the "TIF Districts")pursuant to Sections 469.174 to 469.179 (collectively, the "TIF Act"). 1.03. The Project and the TIF Districts are now administered by the Authority. 1.04. The Authority has determined to consider a modification of the redevelopment plan ("Project Plan") for the Project and the tax increment financing plans ("TIF Plans") for the TIF Districts, as described in a modification document presented to this Board on this date. 1.05. The City Planning Commission has provided a written comment to this Board finding that the modified Project Plan and TIF Plans are consistent with the comprehensive City plan. Section 2. Plans Adopted; Further Proceedings. 2.01. The modified Project Plans and the TIF Plan are hereby approved and adopted. 2.02. The Board hereby transmits the modified Project Plan and TIF Plans to the Council and recommends that the Council hold the required public hearing and adopt the modified Project Plan and TIF Plans. 2.03. Upon approval of the modified Project Plan and TIF Plans by the Council, Authority staff and consultants are authorized to take all actions necessary to implement those plans. Approved by the Board of Commissioners of the Economic Development Authority for the City of Shakopee this 17th day of November, 1998. President Attest: Secretary SJB135304 SH235-5 1 collo F-k5T CITY OF SHAKOPEE l�� �• 6 Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Legislative Policy Adoptions -Associations of Metropolitan Municipalities DATE: October 15, 1998. INTRODUCTION: The Council is asked to adopt legislative policies for the Association of Metropolitan Municipalities. BACKGROUND: The City of Shakopee is a member of the Association of Metropolitan Municipalities. Each year, the AMM facilitates policy study groups, who look at issues that will be, or are desired to be considered by the Legislature. Each study group then make recommendations to the board of directors,who then ask the member cities to adopt them,prior to the legislative session. The Association of Metropolitan Municipalities Annual Legislative Meeting will be held Thursday,November 12th. The Council is asked to endorse the adopted policies. It should be noted that, while not every policy is in strict agreement with what we as the City of Shakopee might individually want, overall, the policies as proposed are generally favorable to the City. RECOMMENDATION: We recommend that the respective policies for the 1998 Legislative Session be adopted. The Council is asked to list its five top priorities for the AMM Policies. Those should be forwarded to the City Administrator, for compilation, unless the Council wishes to act on this as a body. ACTION REQUESTED: If the Council concurs, it should, by motion, adopt the proposed 1998 Legislative Policies for the Association of Metropolitan Municipalities. Mark McNeill City Administrator MM:tw Document6 R Association of Metropolitan Municipalities DATE: October 13, 1998 TO: AMM City Officials FROM: AMM Staff RE: Draft 1999 AMM Policies& Policy Priorities List ' Please review the enclosed draft of the AMM's 1999 Legislative Policies. The full membership will have the opportunity to debate and adopt the policies at the Policy Adoption Meeting scheduled for Thursday,November 12, 1998 at the Sheraton Midway Hotel. Also,please review the Committee Policy Priorities List on the back of this memo and number your top five priorities.You may bring your priorities to the Policy Adoption Meeting or fax(651-281-1299)your responses to the AMM office. Thank you for your assistance.Your participation is important and will help determine how staff time and resources will be allocated during the 1999 Legislative Session. SPECIAL NOTE The AMM Metropolitan Agencies Committee has drafted a Metropolitan Governance Report which contains principles and legislative actions related to the Metropolitan Council. This report, along with an invitation to the Policy Adoption Meeting, will be mailed to you later this week The membership will debate and ` adopt this special governance report at the policy meeting. 145 University Avenue West Saint Paul,Minnesota 55103-2044 Telephone:(651)215-4000 Fax:(651)281-1299 C/p65/poldoc/bulletin/polbul199.pm6 E-mail:amm@amm145.org 1999 AMM COMMITTEE POLICY PRIORITIES Please review the following list of priorities submitted by the AMM's four standing committees and indicate the top five priority policies you think the AMM should spend much of its time and resources on during the 1999 Legislative Session. (1 =highest priority; 5 =lowest priority) I-A Levy Limits(Revenue) I-E Sales Tax on Local Government Purchases(Revenue) I-I Personal Property Taxation:Electric Utility(Revenue) I-J Revenue Diversification(Revenue) I-L Limited Market Value(Revenue) II-E 911 Telephone Tax(General Legislation) II-F 800 MHz Radio System(General Legislation) III-C Housing Preservation(Housing&Econ.Dev.) III-D Minnesota Housing Finance Agency Appropriation(Housing&Econ.Dev.) III-G Tax Increment Finance(Housing&Econ.Dev.) III-H Property Tax Reform Impact on TIF(Housing&Econ.Dev.) III-I Development Tools(Housing&Econ.Dev.) IV Metropolitan Governance Report(Metropolitan Agencies) V-A Transportation Funding(Transportation) V-B Regional Transit System(Transportation) V-G Motion Imaging Recording System:Traffic Law Compliance(Transportation) Others: Please bring your responses to the November 12, 1998 Policy Adoption Meeting. You may also Mail(145 University Avenue W., St. Paul,MN 55103)or Fax(651-281-1299)your responses. If you have questions, call Roger Peterson at 651-215-4000. 1999 AMM Legislative Policies Association of Metropolitan Municipalities (AMM) 145 University Ave. W ♦ St. Paul, Minnesota 55103-2044 Phone: (651)215-4000 ♦ Fax: (651)281-1299 ♦ E-mail:: ammgamm145.org Table of Contents Municipal Revenue & Taxation (I) Levy Limits (I-A) 1 Local Government Aid (I-B) 1 Homestead & Agricultural Credit Aid (I-C) 1 Tax Exempt Property (I-D) 1 Sales Tax on Local Government Purchases (I-E) 2 Local Performance Aid (I-F) 2 Price of Government (I-G) 2 Fiscal Disparity Fund Distribution (I-H) 2 • Personal Property Taxation:Electric Utility (I-I) 2 Revenue Diversification (I-J) 3 Class Rate Tax System (I-K) 3 Limited Market Value (I-L) 3 Funding Shifts (I-M) 3 City Revenue Stability &Fund Balance (I-N) 4 General Legislation (II) Mandates &Local Authority (II-A) 5 Public Right-of-Way (II-B) 5 County Plat Approval Authority (II-C) 5 Police &Fire Prevention Provisions (II-D) 5 1999 Legislation Policies i Table of Contents 911 Telephone Tax (II-E) 6 800 MHz Radio System (II-F) 6 Permit Approval: Zoning (II-G) 6 Witness Fee Costs (II-H) 7 Urban Reforestation (II-I) 7 Elections: Alley System Authority (II-J) 7 Housing & Economic Development (Ill) Livable Communities Act (III-A) 9 State Housing Policy (III-B) 10 Housing Preservation (III-C) 10 Minnesota Housing Finance Agency Appropriation (III-D) 11 Family &Elderly Housing (III-E) 11 Economic Development Responsibilities (III-F) 12 Tax Increment Financing (III-G) 12 Property Tax Reform Impact on TIF (III-H) 14 Development Tools (III-I) 15 Welfare Reform/Workforce Readiness (III-J) 15 Business Subsidy (III-K) 16 Building Permit Fee Surcharge (III-L) 17 Group Homes (III-M) 17 Metropolitan Agencies (IV) Introduction: Metropolitan Governance Structure 19 Metropolitan Council Principles (IV-A) 20 Purpose of Metropolitan Governance (IV-B) 20 1999 Legislative Policies Table of Contents Criteria for Extension of Metropolitan Governance Authority (IV-C) 20 Restructuring of Metropolitan Agencies (IV-D) 21 Regionally Provided Services: Funding (IV-E) 21 Coordination of Local &Regional Plans (IV-F) 22 Metropolitan Council Focus on Planning (IV-G) 23 Growth Management Strategy (IV-H) 23 Local Plan Implementation (IV-I) 24 Budget Process &Work Program Evaluation (IV-I) 24 Parks &Open Space: Operation&Maintenance Capital Funding (IV-K) 25 Surface &Groundwater Water Management (IV-L) 25 Water Supply (IV-M) 26 Regional Wastewater (Sewer) Treatment System (IV-N) 26 Waste Stream Management (IV-O) 27 Transportation (V) Transportation Funding (V-A) 29 Regional Transit System (V-B) 29 Transportation Incentives &Disincentives (V-C) 30 Transportation Utility (V-D) 30 Highway Turnbacks &Funding (V-E) 30 '3C' Transportation Planning Process: Elected Officials Role (V-F) 31 Motion Imaging Recording System(M.I.R.S.): Traffic Law Compliance (V-G) 31 Airport Noise Mitigation (V-H) 31 Road Access Charge (V-I) 32 1999 Legislative Policies 01 Table of Contents Committee Rosters (VI) 1998-99 Housing&Economic Development Committee 33 1998-99 Metropolitan Agencies Committee 34 1998-99 Municipal Revenue &Taxation Committee 35 1998-99 Transportation&General Government Committee 36 iv 1999 Legislative Policies a Municipal Revenue & 90 Taxation Levy Limits (I-A) The AMM strongly opposes levy limits and urges the legislature to not re-enact them for 2000 or beyond. The AMM also opposes the imposition of artificial mechanisms such as valuation freezes, payroll freezes, super majority requirements for levy, or other limitations to the local government budget and taxing process. Local Government Aid (I-B) Local Government Aid (LGA) is a necessary, state-raised resource to supplement local property taxes. Therefore,the AMM supports its continuation with an annual inflation index,along with additional state resources to further reduce the reliance on the property tax. In addition,any LGA formula changes considered by the legislature must have a positive impact on the metropolitan area. Homestead & Agricultural Credit Aid (I-C) The Homestead and Agricultural Credit Aid (HACA) equals about 40 percent of the total local aid and should be continued as part of the local fiscal relationship,with an inflation or increased household growth factor restored for cities. The AMM strongly opposes the conversion of city HACA to school aid. Tax Exempt Property (I-D) The AMM encourages the legislature to authorize cities to establish a program of payments in lieu of taxes by tax exempt governmental and non-governmental organizations, except constitutionally exempt property, (churches and schools) for the cost of services such as police,fire and streets to their facilities. 1999 Legislation Policies 1 Revenue &Taxation Sales Tax on Local Government Purchases (I-E) The legislature should reinstate the sales tax exemption for all local government purchases without requiring a reduction in other aids. Local Performance Aid (I-F) The AMM opposes the Local Performance Aid program. The current program is vague,creates complexity to the overall state aids programs, and approximately one-fourth of the states cities do not participate. Price of Government (I-G) The price of government calculation in regard to local governments should be based on(1) changes in the sum of the levy and state aids, and (2) examination of long term trends,not single year events. In addition,consideration should be given to service provision transfers between governmental units,increased demand for services by citizens and legislative mandates or tax rate changes. Fiscal Disparity Fund Distribution (I-H) The AMM opposes the use of fiscal disparities to fund social or physical metropolitan programs since it results in a metropolitan-wide property tax increase hidden from the public. Personal Property Taxation: Electric Utility (I-I) The AMM opposes proposals for exempting the Investor Owned Utilities (IOUs) from the personal property tax. Under no circumstances should local units of government and their taxpayers be required to shoulder the burdens of tax relief for IOUs. The personal property tax is a significant portion of the metropolitan fiscal disparity pool and,if eliminated,would have a metro-wide property tax impact. 2 1999 Legislative Policies Table of Contents Revenue Diversification (I-J) The AMM supports revenue diversification for cities to reduce the reliance on local property taxes. Some examples include authorization for local sales taxes,payments in lieu of taxes, franchise fees, deed taxes to remain with city, development impact fees, or the creation of a separate income/sales tax fund that would grow with the economy. Class Rate Tax System (I-K) The AMM opposes a change from the class rate tax system to a market value system,which would cause tremendous shifts of tax burden between classes of property, or applying future levy increases to market value,since this would further complicate the property tax system. Limited Market Value (I-L) The AMM opposes further extension of artificial limits in valuing property at market for property taxation purposes. Limiting market value increase on existing property to a non-market index or set rate will cause various property tax system problems. Similar properties will be taxed differently if new or sold and improvements will be discouraged. Tax shifts will occur mainly on lower valued homes and the ability to issue bonds may be adversely affected. Finally, it will be politically difficult as well as costly to persons owning long-term capped properties when it becomes necessary to sunset due to vast differences in tax liabilities for like properties. The AMM believes that enhanced targeting for special circumstances such as low-income persons better serves the tax system. Funding Shifts (I-M) The AMM requests the legislature to continue to reduce the imbalance of aids versus revenue between metro and outstate cities and to consider how this distribution of resources affects the economic growth and vitality of the metro area, and thus the entire state. Currently in the metro area, about 65 percent of the state revenue is collected,while only about 48 percent of the aids and credits are redistributed. 1999 Legislative Policies 3 Revenue &Taxation City Revenue Stability & Fund Balance (I-N) The legislature should not attempt to control or restrict city fund balances. These funds are necessary to maintain fiscal viability to meet unexpected or emergency resource needs of city governments, to purchase capital goods and infrastructure, provide adequate cash flow and to maintain high-level bond ratings. 4 1999 Legislative Policies evAipp General Legislation (II) .41e7A Mandates & Local Authority (II-A) The AMM opposes statutory changes which erode local control and authority or create mandated additional tasks requiring new or added local costs without a corresponding state appropriation or funding mechanism. New unfunded mandates cause increased property taxes which impedes the ability to fund traditional service needs. Public Right-of-Way (II-B) The AMM supports the continued effort of the League of Minnesota Cities (LMC) to protect the authority of cities to maintain jurisdiction over municipal public rights-of-way, to establish relevant criteria and to obtain reasonable compensation for its degradation. County Plat Approval Authority (II-C) Cities oppose county authority over plat approval for plats that are contiguous to existing or proposed county roads. While counties have a valid interest in proposed plat decisions,this does not warrant a transfer of approval authority. Police & Fire Pension Provisions (ll-D) The AMM opposes reductions of state amortization aid to local police and fire relief associations or benefit increases,which are not financed by at least a 50 percent employee contribution for the benefit or resulting deficit. The employee pension contribution amount should be set at 40 percent of the normal cost of financing the benefits even if this amount exceeds 8 percent of the base salary. 1999 Legislative Policies 5 General Legislation Actuarial assumptions relating to salaries and investment return should more truly reflect experiences and bonuses. The AMM opposes bonuses such as the 13th check,which should not be included in actuarial assumption changes. 911 Telephone Tax (II-E) The AMM supports the current distribution of the 911-access fee and the limit of 30 cents per line per month to offset basic maintenance costs and enhanced upgrade. Any fee granted legislatively in excess of 30 cents should be returned directly to the municipality or public safety answering provider (PSAP) where collected. Fee increases granted by the legislature should be a specific amount not a general authorization and only for a specific purpose. Phase 2 Wireless enhanced 911 costs should be recovered from a direct charge to cell phone users. 800 MHz Radio System (II-F) The AMM supports the continuation of the Metropolitan 800 MHz Radio System legislation and board,as long as cities are not forced to modify their current systems or become part of the 800 MHz Radio System until they so choose. The system should provide a phased transition guaranteeing uninterrupted service and be technically capable of allowing communities the flexibility to form various coordinated arrangements for dispatching and service provision. Since there are both regional and local benefits to local government units joining the system,the AMM urges the Regional Radio Board to seek a state appropriation to assist local units of government in joining the system. Permit Approval: Zoning (II-G) The permit approval statute delineating time limit requirements should be modified so that in the case of a rezoning application, a motion which requires a simple majority vote that extends action beyond the 60 or 120 day time requirement, constitutes a denial not an approval in order to uphold the super majority requirement of the zoning statute. Current law provides automatic approval if no action is taken. 6 1999 Legislative Policies General Legislation Witness Fee Costs (II-H) Since one third of fines for city-related prosecutions remain with the county and adequately fund this cost,the AMM opposes shifting witness' fees from counties to cities for these actions. Urban Reforestation (II-I) The AMM supports the creation of a program in the Department of Natural Resources to provide for urban reforestation. Elections: Alley System Authority (II-J) The AMM supports permissive authority for statutory cities to adopt an alley system for filing for city council seats. 1999 Legislative Policies 7 General Legislation 8 1999 Legislative Policies /\q Housing & Economic 4 4 w.. Development (III) Livable Communities Act (Ill-A) The 1995 Legislature enacted the Livable Communities Act (LCA) to stimulate housing and economic and community development in the metropolitan area. The act permits cities to access about$11.0 million in funding for pollution clean-up,housing and redevelopment. As a participant, a city must adopt affordable and life cycle housing goals and a plan to achieve the goals. Since its inception, the Metropolitan Council has been responsible for program implementation, including the completion of an annual progress report. The report for the 1996 calendar year indicates progress toward achieving the stated goals but also raises concern regarding the preservation of affordable housing, particularly the demolition of housing units. The AMM has maintained that the LCA should not be amended until there are progress reports and experience with the LCA. Based on the reports and experience of cities,the AMM recommends: • The LCA should be continued. • The LCA should be amended to eliminate the requirement that a city annually elect to be a participant in the act and require by November 15 that a resolution to withdraw be approved. • The state should appropriate funds for the LCA. The appropriation should not replace the current funding sources but should be in addition to them. 1999 Legislative Policies 9 Housing & Economic Development State Housing Policy (III-B) To continue the expansion of the state's economy,the governor and legislature should recognize the importance of housing to economic vitality and family stability and should adopt policies that preserve existing housing, permit the production of safe affordable housing and provide resources to produce and preserve housing. The AMM recommends the following: Land Use Standards and State Incentives • Minnesota cities are responsible for and should retain the authority to regulate the location,size and amount, and type of housing within their boundaries. • The state, in an effort to encourage more affordable housing, should authorize cities on a voluntary basis and provide incentives for such concepts as density bonuses and mixes of housing types and price ranges. The incentives can be,but not be limited to,property tax class rates and sales tax exemptions for construction materials. • State funding provided for the incentives should not reduce existing programs. Housing Preservation (Ill-C) Housing preservation includes the maintenance of the existing rental and owner occupied housing, as well as the retention of affordable units that were formerly subsidized by federal programs. The state should: • Continue and increase funding the housing preservation program for federally subsidized housing that could be converted to market rate housing. • Expand efforts to provide resources for housing rehabilitation. • Provide a sales tax exemption for construction supplies and materials used in the construction or substantial rehabilitation of affordable housing. 10 1999 Legislative Policies Housing &Economic Development • Exempt public agencies from paying the mortgage and deed tax when developing or providing for affordable housing and redevelopment. Minnesota Housing Finance Agency Appropriation (III-D) The Minnesota Housing Finance Agency's (MI-IFA)biennial general fund appropriation approximates$78.0 million. The agency uses the funds for several housing programs including rental and homeownership. For the next biennium the agency should: • Have its appropriation increased and the increase be used primarily for housing preservation,housing production and homeless prevention programs. • Redesign, if warranted and with city input,the Community Rehabilitation Program to encourage additional participation from the metropolitan area. The redesign,if needed, could include modification of the area designation, and appropriation set aside, a multiple year funding commitment,recognition of local needs,the timing of the application process, and a linkage to the LCA. Family & Elderly Housing (III-E) Demographic trends indicate that Minnesota's population is aging. For example,the Metropolitan Council projects that the region's population age 65 and older will nearly double from the year 2000 to 2020.Since most of the population owns single family housing and they will be smaller households there could be a demand for smaller housing units. The elderly population will also be older than their predecessors will. In the metropolitan area,the Council reports that the number of persons age 75 and over will increase from approximately 110,000 in the year 2000 to 180,000 in 2020. Being aware of the trends,the legislature should: • Provide additional resources to serve the low income elderly. Resources should include housing as well as related services. 1999 Legislative Policies 11 Housing & Economic Development • Direct state agencies to provide information and technical assistance to local governments regarding the population changes and their impacts on public services. • Develop policies that encourage the development of housing for the elderly that is affordable and provides an attractive alternative to current housing and preserves the current housing. Economic Development Responsibilities (III-F) The state should continue to recognize cities as the primary unit of government responsible for implementing economic development policies and land use controls. New or amended economic development programs designed to address specific economic circumstances with cities or counties should use problem definition as the criteria rather than geographic location, city size or similar criteria. Tax Increment Financing (III-G) The legislative Recodffication Tax Increment Financing (TIF) Task Force will initially have a bill that will be absent of policy changes. Policy changes should be addressed separately from the recodification and among the changes the legislature should: Pooling • Clarify that any tax increment districts approved between 1979 and 1982 have the same authority to pool increments as districts certified after 1982 and prior to April 1, 1990. • Allow districts approved after April 1, 1990 to pool increments for affordable housing or pollution remediation. Local Effort • Eliminate the LGA/HACA penalty or allow an exception from levy limits. If the penalty is not eliminated, the restrictions on the source of payment should be removed. • Authorize the use of federal grants and other local funds for local contributions. 12 1999 Legislative Policies Housing & Economic Development TIF Use • Exempt redevelopment districts from the five-year rule. • Reaffirm that cities alone should be authorized to approve city initiated tax increment districts and that counties and school districts should continue to have the ability to review and comment on TIF. • Permit all cities to establish housing replacement (scattered site) districts and allow TIF to be used for historic preservation. Housing • Modify the housing district income qualification requirements to allow the levels to vary according to individual regions of the state or counties. • Remove the LGA/HACA penalty imposed on housing districts established between 1990 and 1993. Reporting • Authorize the publication of TIF financial information in a format so that it provides taxpayers with useful information. • Clarify that the Office of State Auditor(OSA) must give cities sixty days to respond to a violation of the TIF law prior to sending a notice of the violation to the county attorney. The notice to the city must also state that at the end of the sixty-day period any resolved issues will be sent to the county attorney for possible action. • Require the county attorney to decide on action regarding violation within ninety days of receipt of the notice from the OSA. 1999 Legislative Policies 13 Housing &Economic Development • Authorize the OSA to conduct a compliance review of a tax increment district within twelve months of the date the district is decertified or the increment is completely expended whichever is later. The State Auditor, upon completion of the review and resolution of outstanding issues, must issue a certification that the district is complete and not subject to further actions by the Office. • Make statutory changes to simplify the TIF reporting forms submitted annually to the State Auditor. Property Tax Reform Impact on TIF (III-H) During the past two legislative sessions,the property tax class rates have been compressed and as a result commercial industrial property taxes should decrease. The decrease could also result in revenue shortfalls in TIF districts. The shortfalls could impact bond payments and other contractual obligations. Being aware of the impact, the 1997 Legislature authorized a$2.0 million grant program to be administered by the Minnesota Department of Revenue and the 1998 Legislature authorized cities to establish special service districts to offset possible shortfalls. Being aware of the impacts,the legislature should: • Authorize the grant program for 1998 tax change impacts in addition to the 1997 tax changes. • Provide additional funding for the program and extend the sunset to the year 2003. • Include the changes in class rate definitions such as maximum market value limits and number of parcels per class in the calculations to determine class rate compression impacts. • Move the application and payment dates to coincide with the city budget time frames. • Permit city councils to transfer funds from one city development agency to another to prevent shortfalls due to property tax changes or TIF law changes that would result in a deficit in paying outstanding contracts or obligations. 14 1999 Legislative Policies Housing & Economic Development Development Tools (III-I) Over the past several sessions,the legislature has provided cities with development tools to redevelop property,clean up polluted sites and encourage business retention and expansion. The tools include,but are not limited,to TIF,tax expenditures and loans and grants. Many of the state tools have supplemented local efforts. To continue this state local relationship,the legislature should: • Continue the Minnesota Investment Fund. • Support increased funding for the pollution clean-up program administered by the Minnesota Department of Trade and Economic Development(DTED). • Require condemnation commissioners to consider the cost of correcting pollution problems in determining the final value of property. • Establish an indemnification fund to provide financial security for institutions and individuals as they invest in developing and clean-up of polluted sites. • Eliminate the requirement to match a portion of the clean-up grant program with local general funds. • Continue and increase funding for the Redevelopment Fund established in 1998. Welfare Reform/Workforce Readiness (III-J) With the passage of federal welfare reform and enactment of Minnesota's new welfare program-the Minnesota Family Investment Program (MFIP), public policy is placing an emphasis on work and job readiness. The purpose of MFIP is intended to support work and not to replace income when people are not working. To accomplish the goal of getting people to work Minnesota has adopted a work first program that expects, supports, and rewards work. 1999 Legislative Policies 15 Housing & Economic Development Among the program elements established by the legislature to implement MFIP are jobs training, transportation,medical assistance, and housing. As MFIP is being implemented statewide, the state is experiencing record low unemployment and economic growth and as a result there are now employment opportunities. If the economy,however, declines, employment opportunities for MFIP participants will decrease and the state's human service system could be over extended. Being aware that a trained work force is a major part of an economic development strategy the legislature should: • Provide state funding to match the maximum amount of available federal training funds. • Continue and increase funding for state job training programs including Pathways and the Job Training Partnership. • Modify the Pathways Program to provide public agencies with the flexibility to contract with training programs of employers, as well as those of public institutions. • Continue and increase funding for the transportation and childcare programs including sliding fee daycare. • Examine the delivery system for state services (training, daycare) to determine and ensure that administrative procedures are implemented uniformly throughout the state. Business Subsidy (III-K) The Minnesota Department of Trade and Economic Development (DTED) and local governments provide financial incentives to businesses to relocate, expand or remain in the state or specific city. The provision of the incentives is usually part of a development agreement between the business and the public entity. The agreement contains a description of the incentive and the type of development to be completed in terms of market value or square footage and penalties for non-performance. The agreements also contain job and wage goals as required by current Minnesota law. 16 1999 Legislative Policies Housing & Economic Development In reviewing the issue of corporate subsidy the legislature should: • Clarify the reporting requirements in terms of time frames and reporting entity. • Exclude redevelopment and housing TIF districts from the reporting requirements of current law. • Maintain the reporting of job and wage goals in current law but do not require a specific wage amount. Building Permit Fee Surcharge (III-L) Local governments collect a half-percent surcharge on building permits. The proceeds of the surcharge are paid to the state and are used to support the State Building Codes and Standards Division. Prior to 1991,any excess proceeds were remitted on a prorate basis to the local governments.To help with the development of affordable housing it is recommended that: • The proceeds from the building permit surcharge fee be paid to the MHFA for the support of affordable housing and that the building codes and standards division be funded from the state general fund. Group Homes (III-M) • State and county agencies must provide timely notification to cities of facility license requests and renewals and provide adequate opportunity to respond. Cities must also be aware of the special care needed by residents of such facilities in case of public safety emergencies. • Clustering of community residential facilities because of economic, geographic or other factors should be avoided. Standards of non-concentration for state or county-issued Requests for Proposals (RFPs) should be established. 1999 Legislative Policies 17 Housing & Economic Development • There must be an ongoing screening process,particularly in the correction area,to insure that persons placed in a residential facility will benefit from such an environment and will not be a danger to themselves or others. The licensing authority must be responsible for removing any person found incapable of living peacefully in such an environment. • Facilities licensed by the corrections department should not be exempt from reasonable local land use regulations. • A fair share concept should be considered within the metropolitan area. However, this concept should consider other factors including transportation facilities,job availability and other needed support services. • The licensing authority and/or legislature should allow cities to participate in the search for facility locations in order to meet needs of the providers,facility residents and the neighborhood. 18 1999 Legislative Policies ii Metropolitan Agencies (IV) Adip Introduction: Metropolitan Governance Structure The Metropolitan Council was established in 1967 to coordinate "the planning and development" of the seven county metropolitan area. To fulfill its responsibilities,the Council has worked with local governments to establish policies regarding growth and development in the region. Over the years,the Council has been authorized by the legislature to be involved in the development of regional parks and in the operation of regional services. In 1994, two independent agencies responsible for transit and waste water disposal were merged into the Council. In the following years the Council was mostly advisory,but was given responsibility for regional policy development and coordination in the areas of wastewater treatment, transportation and airports. The Council was given limited approval authority for development proposals,which were of metropolitan(regional) significance but was not given direct operational authority. The Metropolitan Council's responsibilities have been expanded over the years. The Council was given direct operational responsibility for regional transit and wastewater treatment in 1994. In the following year,the legislature directed the Council to implement the Livable Communities Act(LCA). The Council's role with the LCA is to negotiate affordable and life cycle housing goals for cities and provide grant funds for the clean-up of polluted lands and demonstration projects that foster a mix of land uses and housing types. The Council's role has evolved since its inception to long-range planning and the operation of regional services. 1999 Legislative Policies 19 Metropolitan Agencies Metropolitan Council Principles (IV-A) The Metropolitan Council is a planning and operating entity. The Council is not only responsible for guiding the growth of the region but also operates the region's wastewater disposal and transit systems. As a planning and operating agency, the Council's policies and guidelines impact local units of governments particularly cities. The AMM, in framing its relationship with the Metropolitan Council,has developed several principles that are incorporated into the following policy areas. Purpose of Metropolitan Governance (IV-B) The AMM affirms its support for the existence of a metropolitan governance system to deal with appropriate regional issues and concerns. The purpose of the metropolitan governance system should be: • To facilitate region-wide planning with the cooperation and consideration of the affected local units. • To provide certain region-wide services that do not duplicate those that can be provided by local governmental units,either individually or jointly. • To fulfill other specific responsibilities mandated by the state and federal governments. Criteria for Extension of Metropolitan Governance Authority (IV-C) The legislature, if granting the metropolitan governance structure additional responsibility or authority, should be specific in the grant. Additional new or expanded authority should be considered only when one or more of the following exist: • The service,function or activity has been shown to be needed and it can be demonstrated that it cannot or is not being effectively or efficiently provided through existing general purpose units of government. 20 1999 Legislative Policies Metropolitan Agencies • The service,function or activity is not an appropriate state level or local government level activity or function. • Regional intervention is needed for protection of the region's investment in an existing metropolitan system. Restructuring of Metropolitan Agencies (IV-D) The Sports Facilities Commission and the Metropolitan Airports Commission (MAC) are currently metropolitan commissions. The legislature should make the sports facility commission a local commission if the back-up tax is limited to one city or is expanded to additional cities. If the tax is extended to other cities, the commission should be restructured to have membership from those cities. The legislature should clarify the status of the MAC so that it becomes either a metropolitan or state directed agency. The determining factor in the agency decision is the nature of the commission's back-up tax. If the tax will be a metropolitan area tax, its membership should come from the metropolitan area. If the back-up tax is statewide,then the MAC should have statewide representation. Regionally Provided Services: Funding (IV-E) The Metropolitan Council should continue to fund its regional services and activities through the existing combination of user fees, property taxes,and state and federal grants. The current revenue system provides better visibility to the customers of the expenditures and efforts to move toward a single revenue source should be opposed. The Metropolitan Council,in conjunction with the operating entities and not the legislature, should be responsible for determining user fees. The fees should be consistent with regional system plans and goals and be established by an open,visible procedure including,but not limited to,public notice and hearings. A clear linkage between revenue and service should be maintained. 1999 Legislative Policies 21 Metropolitan Agencies Coordination of Local & Regional Plans (IV-F) The regional investment in metropolitan systems must be maintained and preserved by preventing adverse impact because of the lack of integration and coordination between regional and local planning. Regional system designation should only be approved if there is a compelling metropolitan problem or concern that can best be addressed through the designation. The regional planning process must, on a continual basis, have the input of local government officials. To ensure input,the Council should hold hearings and provide public notice and copies of proposals regarding amendments to the Metropolitan Development Guide. Metropolitan system plans must be specific in terms of locations, capacities and timing to allow for consideration in local comprehensive planning. System plans should clearly state the criteria by which the local plans will be judged for consistency. The system plans should also clearly state the criteria that will be used to find that a local plan has a substantial impact on or contains a substantial departure from the metropolitan system plans. The Metropolitan Council should continue to offer assistance to cities. The assistance should include but not be limited to staff support,research, policy guidelines, system statements and procedures for the review and evaluation of plans and amendments. The Metropolitan Council,in its review of local plan amendments, must have a procedure that will: • Recognize that the Council's role is to review and comment, unless there is a substantial impact on or departure from the system plans. • Establish an open dialogue between cities and the Council, including public meetings and public hearings. 22 1999 Legislative Policies Metropolitan Agencies • Be aware of the statutory time constraints imposed by the legislature on plan amendments and development applications. • Provide for immediate effectuation of plan amendments,which have no potential for substantial impact on systems plans. • Require the information needed for the Council to complete its review,but not prescribe additional content or format beyond that is required by the Metropolitan Land Planning Act (MLPA). Metropolitan Council Focus on Planning (IV-G) For cities to meet their planning mandates,the Council must ensure that its planning, data collection and dissemination functions are fulfilled in a timely manner and are consistent with its statutory obligations. Growth Management Strategy (IV-H) The Council should continue its discussions with officials in western Wisconsin to encourage their adoption of effective growth control measures. Further investment in transportation infrastructure with Wisconsin should be contingent upon Wisconsin local governments and their implementation of such controls. The legislature should devise effective methods of ensuring responsible and controlled development in counties surrounding the metropolitan area. The Metropolitan Council should continue its flexible guided growth policy regarding Metropolitan Urban Service Area (MUSA) expansion requests as outlined in the Regional Blueprint.However, the Metropolitan Council must recognize that until there are effective growth management strategies and tools beyond the metropolitan area,tightening of MUSA expansion criteria within the metropolitan area will cause one or more of the following: • Increased leapfrog development into adjacent counties and Wisconsin. 1999 Legislative Policies 23 Metropolitan Agencies • Increased housing costs within the metropolitan area. • Decreased economic growth due to increased development costs. • Increased development activity in the Rural Service Area. Local Plan Implementation (IV-0 Local governments are responsible for zoning. These zoning decisions should not be conditioned upon approvals by the Council or other governmental agency. The AMM is open to the use of alternative dispute resolution procedures prior to judicial remedies. Alternative dispute resolution could reduce costs and time for all parties involved in the dispute. The AMM strongly opposes the creation of an appeals board that could supersede city planning or zoning decisions. Budget Process & Work Program Evaluation (IV-J) Mandated and non-discretionary projects should be identified, along with their funding sources and projects and activities which are discretionary but totally or mostly funded by state or federal funds should be identified. Previous year's expenditure history should also be provided. The annual budget should delineate the services formerly provided by the operating agencies and the expenses and revenue for those services should be clearly identified and linkages between expense and revenue maintained. Further, the funds or reserve funds raised for a particular service should not be used or commingled with the funds raised for any other service or activity. The Council's work program should meet four tests: • The issue or problem identified is important to the region's well being. • Council intervention or activity will produce a positive result. 24 1999 Legislative Policies Metropolitan Agencies • The Council's action does not duplicate or serve as a substitute for a state level program or effort or what should be a state level activity. • The Council is the most appropriate agency to intervene or perform the activity. Parks & Open Space: Operation & Maintenance Capital Funding (IV-K) The governor and the legislature should continue to appropriate funding for the operation and maintenance of regional parks. The level of funding should be equal to the statutory goal of 40 percent of the total budget. Regional parks essentially serve the role of state parks in the metro area and the acquisition, development and improvement of the parks should continue to be funded, in part, with state resources. Surface & Groundwater Water Management (IV-L) If legislation is considered for surface water management, it should be based on the following principles: • The legislature should provide full funding if it mandates additional water management planning or implementing activities by local units of government. • Local units of government should continue to be responsible for surface and groundwater management, since they are the closest to the problem. • New state requirements should not add to local costs and duplicate reviews/approvals should be reduced or eliminated. The AMM would support the following initiatives/action: • A thorough assessment of the Board and Water and Soil Resources (BWSR) structure and authorities to ascertain if it should continue to be the approval and oversight agency for surface water management planning and activities in the metropolitan area. 1999 Legislative Policies 25 Metropolitan Agencies • A thorough assessment of the metropolitan area surface water management planning and permitting process with the objective of developing improvements in conflict resolution, better coordination between state and local agencies, and streamlining the project permit approvals process. • Compliance by local units of government located outside of the metropolitan area with the same standards and requirements for surface water management as those imposed on local units within the metropolitan area. • A technical evaluation of the impact of 2:1 wetland replacement in the urbanized area on the goal of greater urban densities as stated in the Metropolitan Council's Regional Blueprint. Water Supply (IV-M) Additional legislation pertaining to local or regional water supply planning is not warranted. If legislation,however,is proposed it should be based on the following principles: • Local units should retain the basic responsibility for water supply planning and management as in current law. • The state should fund additional mandates. • Potable water should not be designated a regional system. Regional Wastewater (Sewer) Treatment System (IV-N) The regional wastewater treatment system has improved the water quality of the region's major river and lakes. The system should not be permitted to break up or to diminish its effectiveness. Since all users benefit equally, the regional rates should be uniform by type of user. 26 1999 Legislative Policies Metropolitan Agencies Waste Stream Management (IV-O) The legislature should enact legislation,which will: • Establish goals to reduce,recycle and reuse packaging materials and establish fees, taxes or deposits to encourage accomplishment of the goals. The revenues would be waived when the goals are met. Available revenues would be used to promote or enhance local programs to achieve the goals. • Continue the Office of Environmental Assistance (OEA) as an agency that primarily assists local governments to manage waste effectively. • Continue the role of cities in waste stream management unless a state or metropolitan system is established to achieve the same goal. • Distribute all proceeds from any funding system for solid waste management activities and require distribution of funds to all entities involved in the system • Provide that host communities for solid waste facilities will not have a financial liability for costs associated with operating and monitoring the facility. Such costs should be borne by the operator and in the absence of regulations should be assumed by the state. • Maintain,at a minimum,the current compensation level permitted through surcharge fees and increase the level as well as making the compensation available to all types of solid waste facilities. • Define municipal solid waste not to be a hazardous substance. The definition would enhance the ability of local governments involved in clean-ups to settle potential liability. 1999 Legislative Policies 27 Metropolitan Agencies 28 1999 Legislative Policies - Transportation (V) .AL_ .d1.. Transportation Funding (V-A) The AMM strongly supports increased funding for transit and highways,both of which are a critical need in the metropolitan area. In addition,funding for mass transit including transit ways, light rail or heavy rail in existing corridors should be dedicated in a manner consistent with current highway funding. Funds allocated to the metropolitan area should be flexible so that the most efficient and cost effective transportation solution may be chosen. Funding needs in the next two decades far outstrip current funding sources and rates. Therefore, the legislature should consider additional funding and alternatives such as an increase in the gas tax,future indexing of the gas tax,use of the motor vehicle sales tax (formerly MVET),use of a certain percentage of the state general fund, a dedicated portion of the general sales tax, a sales tax on gasoline at the pump, state bonding authority for major projects, or a combination of these. If an alternative to the transit property tax in the metropolitan area is adopted,current opt-out transit systems should continue to be funded at comparable levels. Regional Transit System (V-B) The Regional Transit System should be a combination of integrated traffic management systems which include use of HOV lanes, express buses, exclusive transit ways,light rail transit, and commuter rail corridors built to connect residents to job,retail and commercial centers, plus a variety of other transit modes,including taxi,bus, pedestrian and bicycle. 1999 Legislative Policies 29 Transportation Park-and-ride facilities for mass transit modes adequate to connect the regional centers,major trip generators and communities, both urban and suburban, should have integrated feeder systems to accommodate local buses, automobiles,van pools,bicycles, as well as walking facilities. The Metropolitan Council should work with local units of government to encourage appropriate land use controls along designated transit corridors to promote transit ridership. Transportation Incentives & Disincentives (V-C) The AMM supports the development of a comprehensive system that will facilitate an increase in the occupancy level of cars,reduce commuter trips and enhance the use of transit within the metropolitan area through the use of tax incentives and/or impact fees that encourages multiple occupancy transit use, the exclusion from gross income the value of commuter transportation benefits provided by an employer,and/or a tax deduction and tax credit for employers who provide commuter transportation benefits to employees. Transportation Utility (V-D) The AMM requests the legislature to authorize cities to establish a transportation utility for street maintenance and reconstruction of aging infrastructure, similar to the existing storm water utility, so that costs of improved facilities can be more fairly charged to the users rather than the general population as a whole. Highway Turnbacks & Funding (V-E) The AMM supports jurisdictional reassignment or turnback of roads on a phased basis using functional classification and other appropriate criteria subject to a corresponding mechanism for adequate funding of roadway improvements and continuing maintenance. Cities do not currently have the financial capacity other than significant property tax increase to absorb the additional roadway responsibilities without new funding sources. The existing municipal turnback fund is not adequate based on contemplated turnbacks. 30 1999 Legislative Policies Transportation '3C' Transportation Planning Process: Elected Officials Role (V-F) The AMM supports continuation of the Transportation Advisory Board (TAB), a majority of local elected officials membership on the TAB itself and the TAB process,which was developed to meet federal requirements for designation of the Metropolitan Council as the Metropolitan Planning Organization that is responsible for the continuous, comprehensive and cooperative (3C) transportation planning process to allocate federal funds among metro area projects. This process requirement was reinforced by the ISTEA Act of 1991 and the 1998 Transportation Efficiency Act for the 21st Century (TEA21). Motion Imaging Recording System (M.I.R.S.): Traffic Law Compliance (V-G) The AMM requests legislative action authorizing utilization of motion imaging recording system technology for governmental units,including cities, on streets and highways to assist promotion of safety and traffic law compliance enforcement. The technology has been proven and is currently used for law enforcement by numerous states,municipalities and other countries. The state should consider a pilot project on municipal streets in the metropolitan area. Airport Noise Mitigation (V-H) In 1996,the Metropolitan Airports Commission(MAC) was charged with developing a mitigation package for legislative consideration in 1997, but the package was never developed. Costs associated with noise mitigation should be borne by the airport (MAC) and the state since the airport is considered a statewide facility. Noise mitigation programs need to be enhanced to beyond the current 60 DNL contours for existing and future impacted areas. Impacts, including environmental and low frequency noise, must be identified at all MAC airports and applicable mitigation measures implemented by MAC. By the year 2000,the Environmental Quality Board (EQB) should establish guidelines for airport noise (including low frequency) in consultation with the MAC,Metropolitan Council,MSP Noise Mitigation Committee and affected cities. This may include expansion of the sound insulation program to the 55 DNL. 1999 Legislative Policies 31 , Transportation Y The MAC should establish a plan to assure funding for required environmental impact mitigation for legislative action by the conclusion of the 2000 Session and levy a property tax on MAC- owned and leased property if it is not approved. Due to an operations increase of 27 percent by 2010,noise impact fees should be created to encourage conversion to real stage III aircraft. This policy is not intended to impact airport development or construction decisions. Road Access Charge (V-I) In order to fairly provide for major street improvements of primary benefit to a particular subdivision development but not directly assessable and to allocate cost so that new growth pays its fair share, the legislature should authorize cities to establish at their option a road access charge to be levied on an area or per lot basis at the time that subdivisions are approved or at the time building permits are issued similar to park dedication fees. 32 1999 Legislative Policies Committee Rosters (VI) Housing & Economic Development Craig Waldron(Chair),Administrator,Oakdale Beverly Aplikowski,Councilmember,Arden Hills Kirstin Barsness,Director of Economic Development,Cottage Grove Janis Callison,Councilmember,Minnetonka Dennis Cavanaugh,Councilmember,St. Anthony Dan Donahue,Manager,New Hope Gail Dorfman,Mayor,St. Louis Park Mike Ericson,Assistant Manager,Maplewood Mike Freeburg,Councilmember,Anoka John Goedeke,Councilmember,Roseville Regina Harris,HRA Director,Bloomington Andrea Hart Kajer,IGR Director,Minneapolis Coral Houle,Mayor,Bloomington Gordon Hughes,Assistant Manager,Edina Marvin Johnson,Mayor,Independence Dwight Johnson,Manager,Plymouth Jane Kansier,Planning Coordinator,Prior Lake Kathy Lantry,Councilmember,St. Paul Jan LeSuer,Councilmember,Golden Valley Joan Molenaar,Councilmember,Champlin 1999 Legislative Policies 33 Committee Rosters Ron Rankin,Community Development Director,Minnetonka Mark Sather,Manager,White Bear Lake Cari Schmidt,Assistant to City Manager,Mounds View Mark Senn,Councilmember,Chanhassen Kathy Thurber,Councilmember,Minneapolis Jerry Turnquist,Councilmember,Oak Park Heights Liz Workman,Councilmember,Burnsville Metropolitan Agencies Terry Schneider(Chair),Councilmember,Minnetonka Bill Barnhart,Government Relations Representative,Minneapolis Kevin Batchelder,Administrator,Mendota Heights Bob Bruton,Councilmember,North St.Paul Cathy Busho,Mayor,Rosemount Sharon Feess,Councilmember,Brooklyn Park Matt Fulton,Manager,New Brighton Thomas Goodwin,Councilmember,Apple Valley Tom Harren,Planner,St. Paul Ken Hartung,Administrator,Bayport Susan Hoyt,Administrator,Falcon Heights Anne Hurlburt,Director of Community Development,Plymouth Barbara Johnson,Councilmember,Minneapolis E Gary Joselyn,Councilmember,Crystal Rick Kelley,Community Development Director,Apple Valley Larry Lee,Director of Community Development,Bloomington Tom Link,Director of Development&Prot.Serv.,Inver Grove Heights 34 1999 Legislative Policies Committee Rosters Paul Malone,Councilmember,Arden Hills Mary Helen Mische,IGR Assistant,St.Paul Mark Nagel,Manager,Anoka Jim Norman,Administrator,Ramsey Don Rye,Planning Director,Prior Lake Dave Schaaf,Mayor,Oak Park Heights Charlotte Shover,Councilmember,Burnsville Jill Smith,Councilmember,Mendota Heights James Smith,Councilmember,Independence Russ Susag,Councilmember,Richfield Eric Thole,Councilmember,Stillwater Joy Tierney,Mayor,Plymouth Sherry Timmerman,Councilmember,Oakdale Kurt Ulrich,Administrator,Champlin Chuck Whiting,Administrator,Mounds View Donn Wiski,Councilmember,Roseville Municipal Revenue & Taxation Frank Boyles(Chair),Manager,Prior Lake Leslie Anderson,Director of Finance,Burnsville Gene Anderson,Councilmember,St.Paul Park Karen Anderson,Mayor,Minnetonka Curt Boganey,Manager,Brooklyn Park Edward Burrell,Treasurer&Finance Director,Roseville Thomas Burt,Administrator,Rosemount Dave Callister,Clerk-Administrator,Osseo Joan Campbell,Councilmember,Minneapolis 1999 Legislative Policies 35 Committee Rosters Tom Cran,Budget Analysis,St.Paul Steve Devich,Administrative Services Director,Richfield Terry Dussault,Asst. to Manager,Blaine Margaret Egan,Finance Director, New Brighton Dan Faust,Finance Director,Maplewood John Gretz,Administer,Apple Valley Terri Heaton,Chief Finance Officer,Bloomington Jon Hohenstein,Administrator,Mahtomedi Bill Huepenbecker,IGR Director,St.Paul James Keinath,Administrator,Circle Pines Jim Knutson,Finance Director,Anoka Bob Larson,Administrator,Deephaven Tom Melena,Administrator,Oak Park Heights Steve Mielke,Manager,Hopkins John Moir,Finance Officer,Minneapolis Mike Mornson,Manager,St.Anthony Steve O'Malley,Deputy City Manager,Burnsville Douglas Reeder,Adminstrator,South St.Paul Janet Robert,Councilmember,Oak Park Heights Ryan Schroeder,Administrator,Cottage Grove James Smith,Councilmember,Independence Jerry Splinter,Manager,Coon Rapids Joy Tierney,Mayor,Plymouth Kurt Ulrich,Administrator,Champlin Gene Van Overbeke,Finance Director,Eagan John Wallin,Finance Director,Edina 36 1999 Legislative Policies Committee Rosters John Weaver,Councilmember,Anoka Jim Willis,Adminstrator,Inver Grove Heights Transportation & General Government Veid Muiznieks(Chair),Councilmember,St.Paul Park Gene Anderson,Councilmember,St.Paul Park Bill Barnhart,Government Relations Representative,Minneapolis Geralyn Barone,Assistant City Manager,Minnetonka Lyle Berg,Engineer Traffic&Transportation,Bloomington David Childs,Manager,Minnetonka Charlie Crichton,Councilmember,Burnsville Jerry Dulgar,Manager,Crystal Dale Gusafson,Councilmember,Brooklyn Park Natalie Haas Steffen,Councilmember,Ramsey Gary Humphrey,Mayor,Apple Valley Gloria Johnson,Councilmember,Golden Valley Mike Klassen,Traffic Engineer,St. Paul Sandra Krebsbach,Councilmember,Mendota Heights Charles Lenthe,Director of Public Works,Blaine Dennis Maetzold,Councilmember,Edina Sandra Masin,Councilmember,Eagan Mark McNeill,Administrator,Shakopee Dore Mead,Councilmember,Minneapolis Charlie Meyer,Manager,St. Louis Park Mary Helen Mische,IGR Assistant,St.Paul Lynn Moratzka,Councilmember,Hastings Dave Schaaf,Mayor,Oak Park Heights 1999 Legislative Policies 37 Committee Rosters Mark Senn,Councilmember,Chanhassen Ceil Smith,Assistant to City Manager,Edina Dawn Weitzel,Community/Special Project Assistant,Richfield Donn Wiski,Councilmember,Roseville Bret Woodson,Assistant City Manager,Prior Lake 38 1999 Legislative Policies CITY OF SHAKOPEE IS. E ' �l Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: EverGreen Heights Purchase Agreement DATE: October 16, 1998 INTRODUCTION: The Council is asked to approve changes to the purchase agreement between the City and EverGreen Real Estate for the EverGreen Heights development. BACKGROUND: In response to the discussion at the October 6, 1998 Council meeting,the purchase agreement between the City and EverGreen Real Estate Development Corporation has been revised. The agreement now states that the entire purchase price of$325,000 must be paid no later than October 1, 1999. Closing on the property will only occur if EverGreen executes and records documents that are acceptable to the City to ensure that the property will be used solely for affordable housing. If EverGreen has not commenced construction of affordable housing on the second phase by October 1, 2001, the City has the option of repurchasing that portion of the property for the $150,000 that EverGreen paid for it,plus EverGreen's holding costs. The purchase agreement has also been revised so that the City's obligation to purchase and re- convey the MnDOT parcel to EverGreen will only take place if EverGreen has obtained financing for both the first phase of the affordable housing project and for the day care center. Mr. McClenahan has indicated,however,that he is willing to proceed with development of the day care center if he obtains funding for it but not for the affordable housing portion. Mr. McClenahan might want to discuss this issue further with you at the Council meeting. As an aside, on October 15th, City staff appeared before the Metropolitan Council panel judging Livable Communities Act grant applications, regarding $400,000 being requested for assistance in funding the day care part of the development. This is a competitive grant, and there are many more applications than available funding. It is expected that the first cut of applications will be made in early November. RECOMMENDATION: If the City Council wishes to proceed with the EverGreen Heights Development, it should approve the attached purchase agreement. EVER.DOC ACTION REQUIRED: If the Council concurs, it should, by motion, direct the appropriate officials to execute the revised purchase agreement by and between the City of Shakopee, and EverGreen Real Estate Development Corporation. Mark McNeill City Administrator MM:tw EVER.DOC Oct-16-98 09:0Oam From—KENNEDY & GRAVEN +3379310 T-412 P.02/04 F-780 MEMORANDUM TO: Greg McClenahan FROM: James Thomson DATE: October 15, 1998 RE: Purchase Agreement/EverGreen Real Estate Development Company In light of the discussion at the last City Council meeting, I have reviewed the signed purchase agreement dated February 3, 1998. Here are my suggested changes: 1. In Paragraph 1 entitled "Sale of Property," use the description of the property that was in the revised agreement that was submitted to the City Council on October 6, 1998 so that the property is described as two separate Blocks. 2. The contingency date on Page 2 should be changed to read "July 30, 1999." 3. The Seller's contingency paragraph that was inserted as Paragraph 4 in the revised agreement also needs to be included in this agreement as a new Paragraph 4 and all the subsequent paragraphs need to be renumbered. 4. Paragraph 4.1 (now 5.1) entitled "Purchase of Contiguous Property" should be revised to read: "Seller shall use its best efforts to facilitate the acquisition of an approximate two- acre parcel of land owned by MnDOT which is contiguous to the Property (subsequently referred to "MnDOT Parcel"). Seller agrees to sell the MnDOT Parcel to Buyer for the price negotiated between Seller and MnDOT. Buyer agrees to pay Seller for Seller's reasonable attomey's fees incurred in acquiring the MnDOT Parcel. Seller's obligation under this paragraph is contingent upon Buyer closing on the Property no later than October 1, 1999. Buyer's obligation to purchase the MnDOT Parcel is contingent upon the receipt of such grant financing and construction loan financing as Buyer deems necessary and sufficient to implement plans for a day care center." 5. Paragraph 5.2 regarding "Preliminary Plat Application and Approval" should be the same Paragraph 5.2 that was in the revised agreement. 6. Paragraph 5.3 entitled "On-Site Improvements" should read the same as the revised agreement. 7. Paragraph 5.4 regarding ''Driveway Encumbrance" should read the same as the revised agreement. 8. The closing date in Paragraph 5 should be revised to say October 1, 1999. AT-151665 SH155-23 Oct-16-98 09:OOam From—KENNEDY & GRAVEN +3379310 T-412 P.03/04 F-780 9. A new Paragraph 14 should be added to read: "Seller's Right to Repurchase Block 2. If Buyer has not commenced construction of affordable townhomes on Block 2 on or before October 1, 2001, Seller has the right to repurchase Block 2 upon payment to Buyer of its acquisition cost for Block 2, carrying costs relative to principal, interest and insurance payments, closing and recording costs, and real estate taxes and assessments. For purposes of this paragraph,the acquisition cost for Block 2 is deemed to be $150,000. cc: Mark McNeil IJr-151665 SH155.23 10/16/98 FRI 11:05 FAX 6128311869 JOHNSON&CONDON aoo1 v REAL ESTATE DEVELOPMENT CORPORATION 5212 Hope Street Prior Lake,MN 55372 (612)806-0406 Fax (612) 831-1869 Facsimile Cover Sheet TO: Pilh14( FAX: 14 j -- 9 ( FROM: Greg McClenahan DATE: j b PAGES: (including this cover sheet) RE: EverGreen Heights Townhomes MESSAGE: 10/16/98 FRI 11:05 FAX 6128311869 JOHNSON&CONDON fj002 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT ("Agreement") is made as of February , 1998, between EverGreen Real Estate Development Corp., a Minnesota corporation (hereinafter "Buyer") and City of Shakopee, 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 follows: Two parcels of approximately five acres each, located south of Vierling Drive, and east of.Shakopee Fire Station #51, which parcels shall be separately platted as Lots 1 and 2, Block 1, EverGreen Heights Townhomes and Lots 1 and 2, Block 2, EverGreen Heights Townhomes, according to the plat and survey thereof on file and of record in the office of the County Recorder in and for Scott County, Minnesota together with all easements and rights benefiting or appurtenant to same (hereinafter, the "Property"). Seller and Buyer will execute an amendment to this Agreement specifying the exact property to be transferred within 10 days after Buyer's receipt of a survey of the Property as provided herein. If Seller and Buyer cannot so agree on the description of the property to be transferred hereby, either party may cancel this Agreement by giving written notice to the other of such cancellation and all Earnest Money (as hereinafter defined) shall thereafter be returned to Buyer. 2. Purchase Price and Manner of Payment. The total purchase price ("Purchase Price") to be paid for the Property shall be $325,000. The Purchase Price shall be payable as follows: 2.1 $2,000 as earnest money ("Earnest Money") paid concurrently with the execution of this Agreement, which Earnest Money shall be held by Seller's agent; and 2.2 The remainder of the Purchase Price in cash or by wire transfer of funds on the Closing Date. 3. Buyer's Contingencies. The obligations of Buyer under this Agreement are contingent upon each of the following: 3.1 Title. Title shall have been found acceptable, or been made acceptable, in accordance with the requirements and terms of Section 8 below. 3.2 Access and Inspection. Seller shall have 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. 10/16/98 FRI 11:06 FAX 6128311869 JOHNSON&CONDON Z003 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 and to complete the purchase of the Property. 3.5 Site Excavation. The Property shall have been excavated and graded sufficiently so as to allow access and site lay out of the proposed townhome development and daycare center. The "Contingency Date" shall be July 30, 1999. If any contingency has not been satisfied on or before the Contingency Date or the Closing Date, as the case may be, then this Agreement may be terminated by notice from Buyer to Seller, which notice shall be given not more than 5 days after the Contingency Date or Closing Date as the case may be. Upon termination, the Earnest Money, and any interest accrued thereon, shall be returned to Buyer and neither party will have any further rights or obligations regarding this Agreement or the Property. All the contingencies are specifically for the benefit of the Buyer, and the Buyer shall have the right to waive any contingency by written notice to Seller. 4. Seller's Contingencies. The obligation of Seller under this Agreement are contingent upon Buyer executing and recording documents in a form acceptable to Seller that the property will be used solely for affordable housing and subject to any requirements established or imposed by any state or federal agency with regards to tax credits or mortgage financing. Seller's obligation with respect to the MNDOT property are contingent upon Buyer executing and recording documents in aform acceptable to Seller that the MNDOT parcel will be used solely for a daycare center.; These contingencies are specifically for the benefit of Seller and Seller has the right to waive any of these contingencies. 5. Seller's Obligations. In connection with the sale to Buyer, Seller agrees to the following obligations: 5.1 Purchase of Contiguous Property. Seller shall use its best efforts to facilitate the acquisition of an approximate 2 acre parcel of land owned by MnDOT 2 10/16/98 FRI 11:06 FAX 6128311869 JOHNSON&CONDON a004 which is contiguous to the Property (subsequently referred to as "MnDOT Parcel"). Seller agrees to sell the MnDOT Parcel to Buyer for the price negotiated between Seller and MnDOT. Buyer agrees to pay Seller for Seller's reasonable attorney's fees incurred in acquiring the MnDOT Parcel. Seller's obligation under this paragraph is contingent upon Buyer closing on the Property no later than October 1, 1999. Buyer's obligation to purchase , the MnDOT Parcel is contingent upon the receipt of such grant financing and construction loan financing as Buyer deems necessary and sufficient to implement plans for a day care center. 5.2 Preliminary Plat Application and Approval. Seller shall initiate and proceed with the preliminary plat application for the contemplated use of rental townhomes and daycare center on the Property and MNDOT Parcel. 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. 5.3 On-Site Improvements. As an independent obligation, separate and apart from any consideration for the purchase price referenced above, Seller has to provided to Buyer excavation of Block 1 and Block 2 and rough grading to Buyer's specifications, which specifications specifically addressed sound abatement concerns associated with the proposed residential use. The purchase price referenced above is in full consideration for Seller's original acquisition purchase price and costs of subsequent utility and infrastructure improvements. The Seller has no expectation of future payments or assessment monies from Buyer in exchange for providing the excavation and grading to Buyer. The only expectation of Seller is that Buyer proceed with construction of affordable housing as proposed to the Council of Shakopee. Seller intends the excavation and grading to be an in-kind contribution to Buyer. 5.4 Driveway Encumbrance. Seller shall use best efforts to negotiate and remove the encumbrance created by a private 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. 6. Closing. The closing of the purchase and sale contemplated by this Agreement (the "Closing") shall occur on or before October 1, 1999 (the "Closing Date"). 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. 3 10/16/98 FRI 11:07 FAX 6128311869 JOHNSON&CONDON f j005 6.1 Seller's Closing Documents. On the Closing Date, Seller shall execute and deliver to Buyer the following (collectively, "Seller's Closing Documents"), all in form and content reasonably satisfactory to Buyer: 6.1.1 Deed.A Warranty Deed conveying the Property to Buyer, free and clear of all encumbrances, except the Permitted Encumbrances hereafter defined. 6.1.2 Owner's Duplicate Certificates of Title. The owner's duplicate certificates of title for the Property, if the Property is registered land. 6.1.3 Well Certificate. A Certificate sufficient to certify abandonment of any existing wells consistent with applicable laws and rules. 6.1.4 Other Documents. All other documents reasonably determined by Buyer or Title Company to be necessary to transfer the Property to Buyer free and clear of all encumbrances. 6.1.5 MNDOT Parcel. If applicable, documents sufficient to convey the MNDOT Parcel to Buyer. 6.2 Buyer's Closing Documents. On the Closing Date, Buyer will execute and deliver to Seller the following (collectively, "Buyer's Closing Documents"): 6.2.1 Purchase Price. Funds representing the Purchase Price, by wire transfer and execution or delivery of any required Seller's financing documents. 7. Prorations. Seller and Buyer agree to the following pro-rations and allocation of costs regarding this Agreement: 7.1 Title 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. 7.2 Deed Tax. Seller shall pay all State Deed Tax payable in connection with this transaction. Buyer shall pay all Mortgage Registry Tax payable in connection with Buyer's financing. 7.3 Real Estate Taxes and Special Assessments. Real Estate Taxes payable in the year in which Closing occurs shall be prorated. Special Assessments levied or pending prior to closing shall be paid by Seller. 7.4 Attorney's Fees. Each of the parties will pay its own attorney's fees, except that a party defaulting under this Agreement or any Closing Document will 4 10/16/98 FRI 11:07 FAX 6128311869 JOHNSON&CONDON 01006 pay the reasonable attorney's fees and court costs incurred by the nondefaulting party to enforce its rights hereunder. 8. Title Examination. Title Examination will be conducted as follows: 8.1 Seller's Title Evidence. Seller shall, within 20 days after the date of this Agreement, furnish to Buyer a commitment ("Title Commitment") for an ALTA Form B 1990 Owner's Policy of Title Insurance insuring title to the Property, deleting standard exceptions, in the amount of the Purchase Price. 8.2 Buyer's Objections. Within 45 business days after receiving the Title Commitment, Buyer will make written objections ("Objections") to the form and/or contents thereof. Buyer's failure to make Objections within such time period shall not constitute waiver of the Objections. Those matters referred to on Exhibit A attached hereto and any matter shown on the Title Commitment and not objected to by Buyer shall be a "Permitted Encumbrance" hereunder. Seller will have 60 days after receipt of the Objections to cure the Objections, during which period the Closing will be postponed, if necessary. Seller shall use all reasonable efforts to correct any Objections. If the Objections are not cured within such 60-day period, Buyer will have the option to do any of the following: 8.2.1 Terminate this Agreement and receive a refund of the Earnest Money and any interest accrued and unpaid on the Earnest Money, if any; or 8.2.2 Waive the Objections and proceed to close. If Buyer waives any Objections, they will be deemed Permitted Encumbrances hereunder. 9. Representations and Warranties by Seller. Seller represents and warrants to Buyer as follows: 9.1 Wells. The Seller hereby discloses to Buyer that there is no "water well" on the described Property within the meaning of Minn. Stat. § 156A.02. 9.2 Individual Sewage Treatment Systems. Solely for purposes of satisfying the requirements of Minn. Stat. §115.55, Subd. 6, Seller hereby discloses to Buyer that there is no individual sewage treatment system in use on the property. Except as herein expressly stated, Buyer is purchasing the Property based upon its own investigation and inquiry and is not relying on any documentation from or representation of Seller or other person and is agreeing to accept and purchase the Property "as is, where is" subject to the conditions of examination herein set forth and the express provisions herein contained. 5 10/16/98 FRI 11:08 FAX 6128311869 JOHNSON&CONDON a007 10. Casualty; Condemnation. If all or any part of the Property is substantially damaged by fire, casualty, the elements or any other cause, Seller shall immediately give notice to Buyer, and Buyer shall have the right to terminate this Agreement and receive back all Earnest Money by giving notice within 30 days after Seller's notice. If Buyer shall fail to give the notice, then the parties shall proceed to Closing, and Seller shall assign to Buyer all rights to insurance proceeds resulting from such event. If eminent domain proceedings are threatened or commenced against all or any part of the Property or other governmental sale or conveyance of any nature of any portion of or interest in the property shall occur, Seller shall immediately give notice to Buyer, and Buyer shall have the right to terminate this Agreement and receive back all Earnest Money by giving notice within 30 days after Seller's notice. If Buyer shall fail to give the notice, then the parties shall proceed to Closing, and Seller shall assign to Buyer all rights to appear in and receive any award or benefit from such proceedings. 11. Broker's Commission. Neither Seller nor Buyer have retained the services of a Broker and each shall hold the other harmless from all fees or commissions that may be asserted by Broker in connection with this sale. 12. Assignment. Either party may assign its rights under this Agreement without the prior written consent of the other party, before or after the Closing. Any such assignment will not relieve such assigning party of its obligations under this Agreement. 13. Survival. All of the terms of this Agreement and warranties and representations herein contained shall survive and be enforceable after the Closing. 14. Seller's Right to Repurchase Block 2. If Buyer has not commenced construction of affordable townhomes on Block 2 on or before October 1, 2001, Seller has the right to repurchase Block 2 upon payment to Buyer if its acquisition cost for Block 2, carrying costs relative to principal, interest and insurance payments, closing and recording costs, and real estate taxes and assessments. For purposes of this Paragraph, the acquisition cost for Block 2 is deemed to be $150,000. 15. 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 to Buyer: EverGreen Real Estate Development Corp. Attention: Greg McClenahan 5212 Hope Street Prior Lake, MN 55372 Phone 612/806-0406 Fax # 612/831-1869 6 10/16/98 FRI 11:08 FAX 6128311869 JOHNSON&CONDON E1008 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. 16. 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. 17. 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. 18. Counterparts. This Agreement may be executed in counterparts, each when taken together shall constitute one original document. Receipt of facsimile signatures of this document shall be deemed full acceptance and execution hereof and each such facsimile signature shall be followed by an original signature page, delivered to the other party within 24 hours of the facsimile transmission. Seller and Buyer have executed this Agreement as of the date first written above. SELLER: CITY OF SHAKOPEE By: Its: 7 10/16/98 FRI 11:09 FAX 6128311869 JOHNSON&CONDON fI009 BUYER: EVERGREEN HEIGHTS TOWNHOMES, LTD. PTSHP. EVERGREEN REAL ESTATE DEVELOPMENT CORP., Gen. Ptr, By: Its: GAM-219591.1 8 10/16/98 FRI 11:09 FAX 6128311869 JOHNSON&CONDON a010 EXHIBIT A Permitted Encumbrances 1. Building and zoning laws, ordinances, state and federal regulations. 2. Reservation of any mineral rights by the State of Minnesota. 3. Utility and drainage easements which do not interfere with proposed improvements. GAM-219591.1 CITY OF SHAKOPEE IS, Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator rr-coNSENT SUBJECT: G.O. Improvement Bonds - $2.375 Million DATE: October 16, 1998 INTRODUCTION: The Council is asked to call for a bond sale in the amount of$2.375 million, for General Obligation Improvement Bonds, Series 1998B. BACKGROUND: Earlier this year,the City Council approved projects including the 1998 Reconstruction Project, 17th Avenue extensions both east and west of Marschall Road, and improvements to Vierling Drive from Sage to Miller. The total cost of these improvements,plus bond issuance costs, necessitates a bond sale of $2.375 million. Springsted has provided the attached information,which will call for a bond sale to be held Tuesday,November 17th, with award to be made by the City Council later that evening. RECOMMENDATION: We recommend that the appropriate action be taken to facilitate the bond sale. In addition, in the past,the City has contracted with Springsted for continuing disclosure and rebate requirements, as specified by the IRS. We recommend that this be continued with this bond sale. ACTION REQUIRED: If the Council concurs, it should,by motion, do the following items: 1. Adopt Resolution No. 5006 calling for a bond sale for$2.375 million in General Obligation Improvements Bonds, Series 1998B,to be held Tuesday,November 17, 1998. The resolution will be placed on the table Tuesday night. 2. Authorize an amendment to the current contract with Springsted for services relating to continuing disclosure and rebate services. Mark McNeill City Administrator BONDS3.DOC kzr3 { k = Recommendations For City of Shakopee, Minnesota $2,375,000 General Obligation Improvement Bonds, Series 1998B Presented to: Mayor Jon Brekke Members, City Council Mr. Mark McNeill, City Administrator Mr. Gregg Voxland, Finance Director City of Shakopee 129 Holmes Street South Shakopee, MN 55379-1376 SPRINGSTED Public Finance Advisors Study No.: S0750E4 SPRINGSTED Incorporated October 14, 1998 RECOMMENDATIONS Re: Recommendations for the Issuance of $2,375,000 General Obligation Improvement Bonds, Series 1998B The proceeds of the bonds will be used to finance various improvement projects within the City. We recommend the following for the bonds: 1. Action Requested To establish the date and time of receiving bids and establish the terms and conditions of the offering. 2. Sale Date and Time Tuesday, November 17, 1998, at 12:00 P.M. with award by the City Council at 7:00 P.M. that same evening. 3. Authority The bonds are being issued pursuant to Minnesota Statutes, Chapters 429 and 475. 4. Principal Amount of Offering $2,375,000 5. Repayment Term The first interest payment on the bonds is due August 1, 1999. Principal will be due February 1, 2001 through 2010. 6. Source of Revenues Debt service on the bonds is expected to be repaid from special assessments against benefited property and general ad valorem tax levies. Interest payments due through February 1, 2000 will be made from capitalized interest included in the principal amount of the issue. 7. Prepayment Provisions The City may elect on February 1, 2006, and on any day thereafter, to prepay bonds due on or after February 1, 2007 at a price of par plus accrued interest. 8. Credit Rating Comments The City is currently rated "A2" by Moody's Investors Service. This issue will require a rating application to assure continuation of the rating. City of Shakopee, Minnesota October 14, 1998 9. Federal Treasury Regulations Concerning Tax-Exempt Obligations (a) Bank Qualification Under Federal Tax Law, financial institutions cannot deduct from income for federal income tax purposes, income expense that is allocable to carrying and acquiring tax- exempt bonds. There is an exemption to this for"bank qualified" bonds, which can be so designated if the issuer does not issue more than $10 million of tax exempt bonds in a calendar year. Issues that are bank qualified receive slightly lower interest rates than issues that are not bank qualified. (b) Rebate Requirements All tax-exempt issues are subject to the federal rebate requirements, which require all excess earnings created by the financing to be rebated to the U.S. Treasury. The requirements generally cover two categories: bond proceeds and debt service funds. There are exemptions from rebate in both of these categories. Gross proceeds, defined generally as both the original principal of the issue and the investment earnings on the principal, have 6, 18 and 24 month spend down exemption periods. If all of the proceeds are expended during one of those exemption periods, the issuer can retain the excess earnings. (c) Bona Fide Debt Service Fund The City must maintain a bona fide debt service fund for the bonds or be subject to yield restriction. A bona fide debt service fund is a fund for which there is an equal matching of revenue to debt service expense, with a carry-over permitted equal to the greater of the investment earnings in the fund during that year or 1/12 of the debt service of that year. (d) Federal Reimbursement Federal reimbursement regulations require Regulations the City to make a declaration, within 60 days of the actual payment, of its intent to reimburse itself from expenses paid prior to the receipt of bond proceeds. It is our understanding the City has taken whatever actions are necessary to comply with the federal reimbursement regulations. Page 2 City of Shakopee, Minnesota October 14, 1998 (e) Economic Life The average life of the bonds cannot exceed 120% of the economic life of the project to be financed. The economic life of street and utility improvements under the federal arbitrage regulations is 20 and 50 years, respectively. The bonds are therefore within the economic life requirements. 10. Continuing Disclosure This issue is subject to the continuing disclosure requirements. These SEC rules require the City to undertake an annual update of its Official Statement information and report any material events to the national repositories. Springsted currently provides continuing disclosure services for the City under separate contract. An amendment to that contract adding this issue has been provided to City staff. 11. Attachments • Composition of the Issue • Assessment Income Schedule • Debt Service Schedule • Terms of Proposal DISCUSSION The proceeds of the bonds will be used to finance four improvement projects within the City. Page 5 lists those projects and the costs to be assessed. Pages 6 and 7 show the projection of special assessment income. The issue has been structured assuming an estimate of prepaid assessments expected to be received in the given collection years. Those prepayment estimates were provided by City staff based on past collection experience. The prepayment estimates result is an accelerated principal repayment structure for the bonds as shown in column 3 on page 8. It has also been assumed that a portion of the 17th East and 17th West projects will fall under the Minnesota agricultural property tax law which allows for the deferment of taxes while the land is undeveloped. It is assumed that the land will be developed within three years. At that time all applicable project costs and accrued interest will be assessed over the remaining seven collection years. Assessments are expected to be filed throughout 1999 for first collection in 2000. Assessments will be spread over a term of ten years with interest charged on the unpaid balance at a rate of 1.5% above the net effective rate, on the bonds. For estimation purposes, 5.75% has been used. Page 3 City of Shakopee, Minnesota October 14, 1998 The debt service schedule for this issue is shown on page 8 of these recommendations. Columns 1 through 6 show the years and amounts of principal and estimated interest due on the bonds. Column 7 shows the capitalized interest included in the issue to make interest payments due prior to the first collection of assessments in 2000. Column 8 shows the net amount required to pay 100% of the debt service, with Column 9 showing the 5% overlevy required by State Statute. The overlevy is required by State Statute as a protection to the City and the bondholders in the event of delinquencies in the collection of special assessments for repayment of the Bonds. Since the projected assessment income in Column 10 does not exceed the net levy requirement in Column 8, the City will need to levy taxes for the repayment of a portion of this issue. These tax levies result from the partial special assessment of the 1998 Street Reconstruction Project. We appreciate being of service to the City. Respectfully submitted, SPRINGSTED Incorporated jam Provided to Staff: a) Contract Amendment for Arbitrage Rebate and Services Page 4 4.. 0 O O Cn 0 0 CO N- 0 N. N- 0 N LO U) N e3 C d — O O ti N. O , O ' d' OU) N r- 0) +-' (I) 0 N 0 0 CO 0 0 0 0 0 0 0 CO M N. M o E d N o0 O O N O co- co- o- i- r--- N in. (n .- CO c o co O) co Q) CO 0) O N- 0 N. 1- N CO CO N. 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C 3- CO 4) C CC 4) 7 4- E • C-4 4- >. ^• CO O O ,- N C7 eC' N CO r CO m N C N 4' 0 IH m 0 > .- CO CO 0 0 0 0 0 0 0 0 0 (/) >• 2 Q • C) U V L 4-1 0 •.• 0 0) 0 0 0 0 0 0 0 0 0 J 0 L O Page 8 >. • m L J 7 N .- - N N N N N N N N N < V 0 41 0 4.) 4+ L CO I- C CD CD I-1 4) CO .i CO CO •.I C) 0 0 > > • C .0 C) 0 0 2 W D- I- CO Q Q H Hr I... THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $2,375,000 CITY OF SHAKOPEE, MINNESOTA • GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1998B (BOOK ENTRY ONLY) Proposals for the Bonds will be received on November 17, 1998, until 12:00 Noon, Central Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, 55101-2887 after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 7:00 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Proposals may be submitted in a sealed envelope or by fax (651) 223-3002 to Springsted. Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (651) 223-3000 or fax (651) 223-3002 for inclusion in the submitted Proposal. Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner of the Proposal submitted. DETAILS OF THE BONDS The Bonds will be dated December 1, 1998, as the date of original issue, and will bear interest payable on August 1 and February 1 of each year, commencing August 1, 1999. Interest will be computed on the basis of a 360-day year of twelve 30-day months. The Bonds will mature February 1 in the years and amounts as follows: 2001 $295,000 2004 $330,000 2007 $215,000 2009 $195,000 2002 $260,000 2005 $215,000 2008 $195,000 2010 $195,000 2003 $260,000 2006 $215,000 BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, representing the aggregate principal amount of the Bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of The Depository Trust Company ("DTC"), New York, New York, which will act as securities depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of$5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the registrar to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial Page 9 owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with DTC. REGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The City may elect on February 1, 2006, and on any day thereafter, to prepay Bonds due on or after February 1, 2007. Redemption may be in whole or in part and if in part at the option of the City and in such manner as the City shall determine. If less than all Bonds of a maturity are called for redemption, the City will notify DTC of the particular amount of such maturity to be prepaid. DTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition the City will pledge special assessments against benefited property. The proceeds will be used to finance various improvement projects within the City. TYPE OF PROPOSALS Proposals shall be for not less than $2,351,250 and accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ("Deposit") in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $23,750, payable to the order of the City. If a check is used, it must accompany each proposal. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and pre-approved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The City will deposit the check of the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1%. Rates must be in ascending order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. Page 10 AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non-substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and, (iii) reject any proposal which the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser at a place mutually satisfactory to the City and the purchaser. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Kennedy & Graven, Chartered of Minneapolis, Minnesota, and of customary closing papers, including a no-litigation certificate. On the date of settlement, payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Except as compliance with the terms of payment for the Bonds shall have been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non-compliance with said terms for payment. CONTINUING DISCLOSURE In accordance with SEC Rule 15c2-12(b)(5), the City will undertake, pursuant to the resolution awarding sale of the Bonds, to provide annual reports and notices of certain events. A description of this undertaking is set forth in the Official Statement. The purchaser's obligation to purchase the Bonds will be conditioned upon receiving evidence of this undertaking at or prior to delivery of the Bonds. Page 11 OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly-final Official Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (651) 223-3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2-12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 100 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated October 20, 1998 BY ORDER OF THE CITY COUNCIL /s/Judith Cox City Clerk Page 12 CITY OF SHAKOPEE / 7 Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Public Works Union Negotiations DATE: October 15. 1998 INTRODUCTION: I will be meeting with the Union stewards for Public Works on Friday, October 16th. As a result, it maybe likely to have a brief closed session to discuss the status of labor negotiations, following the regular portion of the October 20th City Council meeting. � t Mark McNeill City Administrator MM:tw Document] CITY OF SHAKOPEE -#/() Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Downtown Parking Issues DATE: October 20, 1998 INTRODUCTION: The Council is asked to establish a workshop time in which to hear the discussion of certain downtown parking issues. BACKGROUND: Previously, the Council had been scheduled to hear a number of issues at a workshop next Monday, October 26th. Included in that will be the County Road 42 Corridor Alternatives, Downtown Parking Directional Signage, and City-wide Signage Study. Part of the signage study that had been done downtown by WSB included recommendations for changes in parking restrictions in the downtown. It had been anticipated that there would be time to do this at the October 26th meeting. However, it is evident that there are certain unresolved issues which will need to have an opportunity for both sides to speak before the Council. A separate workshop should be identified to discuss that. The major sources of concern appear to be Sommerville Street and the eastern block of First Avenue. Attached is a November calendar. One option might be to meet before a regular City Council meeting (for example, 6:15 pm,which would give downtown business owners an opportunity to attend-many can't attend meetings at 4:00 or 4:30 pm). ACTION REQUIRED: The Council is asked to determine what workshop date works for them to discuss downtown parking restriction issues. Mark McNeill City Administrator MM:tw WORKS.DOC