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HomeMy WebLinkAbout04/15/1997 TENTATIVE AGENDA CITY OF SHAKOPEE ADJ.REG.SESSION SHAKOPEE, MINNESOTA APRIL 15, 1997 LOCATION: 129 Holmes Street South Mayor Jeff Henderson presiding 1] Roll Call at 7:00 P.M. 2] Recess for an Economic Development Authority meeting 3] Re-convene 4] Approval of Agenda 5] Approval of Consent Business- (All items noted by an * are anticipated to be routine. After a discussion by the Mayor, there will be a opportunity for members of the City Council to remove items from the consent agenda for individual discussion. Those items removed will be considered in their normal sequence on the agenda. Those items remaining on the consent agenda will otherwise not be individually discussed and will be enacted in one motion.) 6] Liaison Reports from Councilmembers 7] Mayor's Report } 8] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS *9] Approval of Minutes: March 18, 1997 *10] Approve Bills in the Amount of$614,396.94 11] Communications 12] 7:00 P.M. Public Hearings: A] Request to vacate the east one-half of Spencer Street north of 1st Avenue-Res. 4650 B] Request to vacate the alleys in Blocks 3 & 4, Original Shakopee Plat -Res. 4649 13] Recommendations from Boards and Commissions 14] General Business A] Police and Fire 1. Fire station property sale i' _ TENTATIVE AGENDA April 15, 1997 Page -2- A] Police and Fire continued 2. Actions relating to fire station construction a. Award construction contract-Res. No. 4653 b. Authorize issuance and sale of G.O. building bonds-Res. No. 4647 c. Establish ground breaking ceremony date and time B] Park and Recreation *1. ISTEA grant - CR-79 trail *2. Lions Park sign C] Community Development 1. Request for vacation of Lewis Street north of 1st Avenue-tabled 3/4/97 (Res. 4626) *2. Set public hearing date for vacation of easement within Lot 3, Block 1, Canterbury Park 1st Addition-Res. No. 4646 3. Request by Clean Sweep for street naming 4. Vacation of Fuller Street between 4th and 5th Avenues -Res. No. 4651 5. Courthouse neighborhood parking D] Engineering *1. Accept resignation of Al Koester and authorize advertising to fill vacancy *2. Accept work for Rahr Service Line, Project 1994-8 - Res. No. 4642 *3. Accept work for VIP Extension, Project 1992-9 and 1993-1 - Res. No. 4643 *4. Accept work for 1993 Reconstruction, Project 1993-7 - Res. No. 4644 *5. Accept appraisal for Maras Street Improvement, Project 1996-4 - Res. No. 4645 6. Approve plans for Maras Street Improvement, Project 1996-4 -Res No. 4652 7. Shakopee/Savage Joint Powers Agreement for Eagle Creek Watershed 8. Hiring of public works maintenance worker E] General Administration *1. Tattoo licenses at Body Art *2. Apportionment of special assessments for Orchard Park 3rd -Res. No. 4641 *3. Surplus property 4. Civic center special assessments *5. Completion of probationary period -R. Michael Leek 6. FDA preemptive waiver relating to tobacco regulations 7. 1997 Pay Plan for non-union employees-Res. No. 4648 *8. City Contribution - Utility Law Lobbying Expenses 15] Other Business 16] Recess for executive session to discuss labor negotiations 17] Re-convene 18] Adjourn TENTATIVE AGE 4 ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE,MINNESOTA Adjourned Regular Session Tuesday,April15, 1997 1. Roll Call at 7:00 p.m. 2. Approval of the agenda 3. Approval of March 18, 1997 minutes 4. Financial a.) Approval of Bills 5. New Business: a.) Consideration of ad hoc advisory committee. 6. Informational Items: a.) Signature piece/clocktower for new building on Blocks 3&4 b.) Status report on Development Agreement for Blocks 3&4 project 7. Other Business: 8. Adjourn edattenda.doc ti. OFFICIAL PROCEEDINGS OF THE ECONOMIC DEVELOPMENT AUTHORITY SHAKOPEE, MN REGULAR SESSION MARCH 18, 1997 Members Present: Henderson, Sweeney, DuBois, Zorn, and Link Members Absent: None Staff Present: Mark McNeill, City Administrator; R. Michael Leek, Community Development Director; Paul Snook, Economic Development Coordinator Others Present: Bruce Loney, Public Works Director/City Engineer; Judith S. Cox, City Clerk; and Jim Thomson, City Attorney 1. Roll Call President Sweeney called the meeting to order at 7:03 P.M. Roll was taken as noted above. 2. Approval of Agenda Henderson/Link moved to approve the agenda. Motion carried unanimously. 3. Approval of January 29. February 5. and February 12. 1997 minutes Zorn/Link moved to approve the January 29, February 5, and February 12, 1997 minutes. Motion carried with Commissioners Sweeney, DuBois, and Henderson abstaining. 4. Financial a. Approval of Bills Zorn/Henderson moved to approve bills in the amount of $20,713.82 for the EDA General Fund and $272,794.40 for the Blocks 3 &4 Fund, including $5,540.00 to GME and $367.10 for American Engineering &Testing. Motion carried unanimously. 1. GME Invoice The geotechnical/environmental review for B locks 3 &4 had to be split. This resulted in additional costs that occurred before the project was divided. 2. AET Billing Before the contract was separated, AET had generated some costs relating to set up time for soil borings. This is reflected in the$367.10 which was over and above their bid amount. .f { Official Proceedings of the March 18, 1997 Shakopee E.D.A. Page -2- b. Revenue Report Henderson/Zorn moved to accept the revenue report(as of 02/28/97) presented. Motion carried unanimously. 5. New Business c. Recommendation from Design Review Committee: Frank Dunbar, Project Manager hired by Scott County HRA, approached the podium and said that a meeting was held with the design committee regarding the development of Blocks 3 & 4. He said there will be two shades of brick, similar to that of existing buildings in the area. A recommendation was also made to use a synthetic material for the windows. He said the exterior design allows for the relocation of the garage originally under the parking space to under the building. The overall landscaping plan was reviewed and the design committee worked to assure that an open space remained through the plaza area into Lewis Street. He said a lot of time was spent on the front area, making sure that the recommended trees are in line with those of the design. There is an 18' area from the curb to the buildings, with the remaining area to be sodded and the parking lot to be black asphalt. There will also be only one ingress/egress access. Mr. Dunbar said a Shakopee Public Utility meeting was set to work through final utility issues and hoped to bring something back for resolution. In addition, discussions are beginning with master lease tenants to look at the retail space. Mr. Dunbar said he would report back when the discussions are further along. Mr. McNeill stated he had received a letter from Duane Wermerskirchen, representing the Design Committee, recommending the project for Blocks 3 &4. Henderson/DuBois moved to accept the final design recommendation from the (Design) Committee. Mr. Sweeney recommended that the approval of the final site and design include some reference that it is subject to the finalization of the developer's agreement. Zorn/DuBois moved to approve the site plan and architectural design subject to the approval of a developer's agreement between the City of Shakopee and the County HRA. Motion carried unanimously. Motion carried unanimously on main motion as amended. Mr. VanHorn approached the podium and presented a petition for the development plans for Blocks 3 & 4 with the intent to encourage private development. He urged active marketing for a period of 9 months and to delay demolition of Blocks 3 &4 until all options have been considered. l Official Proceedings of the March 18, 1997 Shakopee E.D.A. Page -3- a. Blocks 3 &4 Actions: 1. Award of Demolition Bids Mr. McNeill stated that TKDA has recommended the retention of Dulas Excavating, Inc. as the demolition contractor with a bid of $127,558.00. TKDA also recommended that an alternate bid of$12,400.00 for backfill be accepted in the event there is a delay in the project. If the alternate bid for backfill is deleted later, there is the possibility of the contractor crediting/refunding to the city approximately 50% of this cost. Zorn/DuBois offered Resolution No. 97-5, A Resolution Accepting Bids on the Demolition in Blocks 3 and 4, and moved its adoption. A discussion ensued as to who owned the remaining items and the purpose of the backfill addition. Mr. McNeill explained that any remaining items would become the property of the demolition company and that the bids are good for 45 days and would become void should there be a delay or the parties are unable to reach agreement. Motion carried unanimously. Zorn/Henderson moved to authorize a 10% ($13,995.00) over and above the contract amount for unforeseen additional cost items. Motion carried unanimously. 2. Vacation of Alley Henderson/DuBois moved to recommend to the City Council to approve Resolution No. 4633, A Resolution Setting a Public Hearing Date to Consider the Vacation of Right of Way (for alleys in Blocks 3 and 4). Motion carried unanimously. 3. Business Relocation Claim for Sweet Annie's Farm Zorn/Henderson moved to approve a relocation claim of $1,028.60 for Sweet Annie's Farm. Motion carried unanimously. b. Resolution amending the By-Laws provision relating to EDA meeting date DuBois/Henderson offered Resolution No. 97-2, A Resolution of the Economic Development Authority for the City of Shakopee, Minnesota, Amending the By -Laws Provision Relating to the Meeting Date, and moved its adoption. Motion carried unanimously. Official Proceedings of the March 18, 1997 Shakopee E. D. A. Page -4- 6. Old Business a. Update on Blocks 3 &4 Development Agreement Paul Snook stated that he had met with the Scott County HRA yesterday and that they are continuing to discuss ideas for the development agreement and are continuing in the process. 7. Informational Items: a. Referendum for Blocks 3 &4 project Mr. Sweeney explained that the City Attorney has researched the issue as to whether the issuance of bonds for Blocks 3 & 4 redevelopment could be placed on a referendum, to be decided by the voters. He advised that, while there are some situations where this would be required, the proposed bonds do not constitute such a situation. The Attorney General has also ruled that if a bond referendum is not required, a governmental entity has no authority to call an advisory referendum. b. Blocks 3 &4 parking concerns Staff was previously directed to look into the question as to whether the removal of available parking spaces on Blocks 3 and 4 would create a conflict for businesses assessed for the construction of municipal parking lots. After reviewing this, staff has determined that it appears that there has been and continues to be an increase in parking spaces for retail businesses in the down town area. Mr. McNeill also stated he had received a letter questioning the 1988 analysis (of parking done by the former Ass't. City Administrator, Barry Stock). He said that staff will look into this. 8. Adjourn Zorn/Link moved to adjourn. Motion carried unanimously. The meeting adjourned at 7:48 P.M. uza d• itith S. Cox A Secretary Esther TenEyck Recording Secretary CITY OF SHAKOPEE Memorandum TO: President & Commissioners Mark H. McNeill, Executive Director FROM: Gregg Voxland, Finance Director SUBJ: EDA Bill List DATE: April 10, 1997 Introduction Attached is a listing of bills for the EDA and the Blocks 3&4 project for the period 03/27/97 to 04/09/97. Action Requested Move to approve bills in the amount of $1,558.31 for the EDA General Fund and $11,627.56 for the Blocks 3&4 Fund. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 H 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 n O O O O O U N N 01 O1 01 01 N N 'Cr I. d' d' H 1-1 H H H 0 0 lD in 0 H H H 0 0 d' Cl 0 L- N 0 10 10 10 N 000C'40 Cl Cl Cl O O N H O N yr 0 in in in co H H M M f-1 O a) a) a0 O Ln 01 N Ln Ln LI) 0 N N N in CQ N H N 0 in in N Ln d' H H 01 01 N N N CO W Ln In Ln in Ln H H Ln H 10 LO 10 H A H H H H 01 H H H H Cl H H H r-1 El II Cq 0) II A l II xxxwCI) wxxaxxaw m co u O O O h h h O O H O O H h O 01 H N N M N 0 a' C/) LO H N MI M d' N O Ln N CQ 01 01 01 N M O 01 M M 01 01 M O w M M M N N N M 10 Ln M M Ln N 04 W O O O W M [c] 0 M 0 0 0 O M H G: O o 0 h h 7'30000001-3 01 En > cn C..) CLI (90 rH-. 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H 1-1 H x a a wd' Trwwwv' w 01 01 o 0 0 0 0 0 0 0 0 4 01 01 01 0) 01 01 H w w 0 0 0 0 0 0 0 0 0 Cr, w 0 0 H 01 a> 01 Ol Q\ 0 HH HH H 4 * 00000000 ,.a ,a E. * 0 Ln Ln Ln Ln in H H * 01 01 01 01 01 O1 01 01 � 4 * 4l Z r-1 H H H H 0 0 * Cl M M M M L'') M M 0 0 * * w ri .--. HHH H H * v' d' wv' Tr. arTrTr H H * * a, CITY OF SHAKOPEE Memorandum � l TO: EDA FROM: Mark McNeill,Executive Director SUBJECT: Dr. Robert Janu Reimbursement DATE: April 10, 1997 One of the items on the EDA.claims list is a request for payment of$117.13 to Dr. Robt. Janu. This is to replace a telephone and answering machine that disappeared from Dr. Janu's office as a result of, or just prior to demolition salvage efforts. Dr. Janu had been given permission to leave an answering machine in his office from the time that he vacated(at the end of January) until the start of demolition. The purpose of this was to allow Dr. Janu to advise his patients that he was leaving the practice of dentistry. Staff was to notify Dr. Janu with sufficient time to have him remove the telephone and answering machine prior to the start of demolition. That was not done. The telephone and answering machine subsequently disappeared; the demolition contractor indicates that he has no knowledge of it. Iit is possible that the machines were removed when other people had access to the building for salvage operations. Dr. Janu presented the attached receipt, showing the equipment's purchase in October, 1996. He has asked for reimbursement of that expense. While the request may be a bit out of the ordinary, Dr. Janu has been most cooperative throughout the process of the relocation from his long time office location. For the reasons contained in this memo, I recommend that he be reimbursed for the replacement cost of the telephone and answering machine. }AQV Mark McNeill Executive Director MM:tw S. 01/4 , CITY OF SHAKOPEE Memorandum TO: EDA FROM: Paul Snook, Economic Development Coordinator SUBJECT: Ad Hoc Committee DATE: April 10, 1997 Introduction and Background: At its April 1st Regular Meeting, the City Council considered options to retain citizen participation in the economic development process. The proposed citizens' group would work with the EDA in an advisory capacity. Among the options were (see attached memo) the creation of a Community Development Commission, which would require ammending the City Code, or establishment of an ad hoc group. City Council recommended that the EDA consider an ad hoc committee with the charge of functioning as a working group in advising the EDA regarding economic development matters in the Downtown/Hwy 101/C.R. 17 Corridor. Alternatives: 1. Accept recommendation by City Council to establish an ad hoc committee with the charge of functioning as a working group in advising the EDA regarding economic development matters in the Downtown/Hwy 101/C.R. 17 Corridor. 2. Table the matter for additional information. Action Requested: Direction to staff regarding the alternative the EDA wishes to pursue. 41 I I M11 air Paul Snook Economic Development Coordinator CITY OF SHAKOPEE ` Y" D. /' Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Community Development Commission MEETING DATE: April 1, 1997 Introduction: When the EDA was restructured recently, concern was expressed that avenues for citizen participation in economic development issues be preserved. The following presents a couple of alternatives for the Council's consideration. Discussion: At the time, the City Council was considering restructuring the EDA, a proposal was put forward for a Community Development Commission. The elements of the proposal were as follows; 1. The commission would be a 5-person, citizen advisory body; 2. Members of the commission would be appointed for 2-year, staggered terms; 3. Funding would be budgeted annually by the EDA, and its expenditures would be approved by the EDA; 4. One EDA commissioner would be appointed as a non-voting liaison; 5. The commission would meet at least once a month; 6. The commission's work would focus on the Hwy. 101/C.R. 17/Downtown corridor; 7. Staff support would be provided by the Economic Development Coordinator. Another alternative would be for the EDA to establish an ad hoc committee to advise it on the Hwy. 101/C.R. 17/Downtown corridor, and other issues it deemed appropriate. This alternative would not require an amendment to the City Code. Community Development staff contacted a number of communities, including Burnsville, Prior Lake and Savage, to discover whether they had community development commissions. The communities contacted all had EDAs, and either did not have, or had thus abolished their community development commissions. CDC.DOC/RML 1 Alternatives: 1. Amend City Code Sec. 2.50, (Boards and Commissions Generally except the Shakopee Public Utilities Commission), to add a Community Development Commission. 2. Recommend to the EDA that it establish an ad hoc community development committee with specific responsibility to address the Hwy. 101/C.R. 17/Downtown corridors. 3. Do not change the existing commission structure. 4. Table the matter for additional information. Action Requested: Direction to staff regarding the alternative Council wishes to pursue. Z7e, R. Michael Leek Community Development Director CDC.DOC/RML 2 Co• Q. CITY OF SHAKOPEE Memorandum TO: EDA FROM: Paul Snook,Economic Development Coordinator SUBJECT: Signature piece/clocktower for new building on Blocks 3 &4 DATE: April 10, 1997 Introduction and Background: In its past meetings, the Blocks 3 & 4 Design Review Committee has contemplated the addition of a signature piece or feature for the new building design; possibly a clocktower located above the elevator shaft extension. This discussion has never gone beyond the idea stage of the design process; costs and actual design options have not been considered. Since the Design Committee has finished its work, a private group has expressed interest in working to establish a signature piece for the building. This group would be willing to assist in financing the piece, and provide input regarding the design. Staff will keep the EDA posted of any further developments regarding this. No action is required. This item is informational. err' i( Paul Snook Economic Development Coordinator b, CITY OF SHAKOPEE Memorandum TO: Economic Development Authority FROM: Paul Snook, Economic Development Coordinator SUBJECT: Blocks 3 &4 development agreement update DATE: April 11, 1997 City staff and HRA staff met on Friday,April 4 to review a draft development agreement and continue negotiations. Following is an update for your information: • It was agreed that the sale of the Blocks 3 &4 property to the HRA would not take place until a master tenant is approved and on board. The developer is dealing with 6 prospective master tenants,two of which are seriously considering the project. • The attorneys for the city and HRA are refining the development agreement and putting together a project financing schedule. • Next meeting (time to be determined)will include Frank Dunbar of Dunbar Development, and Gary Fields of Springsted to discuss financing and cost issues. • Final draft of the development agreement is tentatively set for presentation to EDA/City Council on May 6. At this time the EDA may want to consider setting the public hearing regarding the sale of property to the HRA. diffiato Paul Snook Economic Development Coordinator dvagmmo2.doc / 6t__J SDA CITY OF SHAKOPEE Memorandum TO: EDA FROM: Paul Snook,Economic Development Coordinator SUBJECT: Additional asbestos work/change order DATE: April 15, 1997 THIS IS AN INFORMATIONAL ITEM: In its initial survey,Legend Technical Services,the asbestos surveying contractor,could not survey the buildings at 221 and 237 E. 1st Ave. due to the city not having access to these properties at that time. Since then, access has been attained by the city and the properties have been surveyed by Legend Technical.Asbestos was found in both buildings. Dulas Excavating,the demolition and asbestos abatement contractor,has abated the buildings and will be requesting a change order in the amount of$10,700 for this work. TKDA,the contractor coordinating the demolition project,is facilitating the change order. This order will be presented to the EDA at a future meeting. OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ.REG.SESSION SHAKOPEE, MINNESOTA MARCH 18, 1997 Mayor Henderson called the meeting to order at 7:02 P.M. with Councilmembers Jane DuBois, Burl Zorn, Robert Sweeney, and Cletus Link present. Also present: Mark McNeill, City Administrator; R. Michael Leek, Community Development Director; Judith S. Cox, City Clerk; Bruce Loney, Public Works Director; and Jim Thomson, City Attorney. A recess was taken at 7:03 P.M. for the Economic Development Authority meeting. The meeting re-convened at 8:03 P.M. The following items were deleted from the agenda and deferred to a later date: 13.A.2.) Vacation of Lewis St. North of 1st Avenue and 13.C.1.) Hiring of Patrolman. The following items were deleted from the consent agenda: 9) Bills and 13.E.6.) Discussion of position on Met Council member elections. Zorn/Sweeney moved to approve the agenda as modified and the items marked as consent. Motion carried unanimously. Liaison reports were given by Councilmembers. Mayor Henderson gave the Mayor's report. Mayor Henderson acknowledged Commissioner Bannerman's presence and asked if there was anyone present who wished to address the City Council on any item not on the agenda. There was no response. Zorn/Sweeney moved to approve February 6 and 18, 1997 minutes. (Motion carried under Consent Business.) A discussion ensued regarding a grant payment for a downtown rehabilitation grant project and following guidelines. Mr. Leek explained that the work was completed as set forth in the grant guidelines and thus the recommendation for issuance of the payment was made. He also said the grant was for exterior improvements and not interior. Sweeney/Zorn moved to approve the bills in the amount of $665,575.53. Motion carried unanimously. Lauri Glenn, Acting Director, Shakopee Area Convention & Visitors Bureau, approached the podium and stated that a copy of the 1997 budget was provided to Council in accordance with the agreement. Official Proceedings of the March 18, 1997 Shakopee City Council Page -2- Sweeney/DuBois moved to receive and file the Convention & Visitors Bureau 1997 budget. Motion carried unanimously. Mr. Leek explained that the proposed plat for White Pines Addition includes 2 lots. The proposed use for the lots is to construct 72 units of senior rental apartments. He said the Planning Commission has recommended approval of the Preliminary Plat for White Pines Addition, subject to conditions which have been incorporated into Resolution 4630. A discussion ensued regarding how the park dedication requirement is determined. Mr. Leek explained the dedication is based on the market value of the parcel at the time of application for subdivision of the property. A discussion ensued regarding access and alignment from Eagle Creek Boulevard and the streets on the north side. Mr. Leek explained that Roundhouse Circle is to the east and Marshall Road to the west. Dennis Saari, Englhardt & Associates, approached the podium and explained that the County has already provided reconstruction of County Road 16 and access to the location, and said there will be one entrance. Link/Zorn offered Resolution No. 4630, A Resolution of the City of Shakopee, Approving the Preliminary Plat for White Pines Addition, and moved its adoption. Motion carried unanimously. Mr. Leek stated that the Planning Commission recommends approval of the preliminary plat for Stone Meadow, subject to conditions incorporated into Resolution 4631. This is a common interest community plat that is located north of the bypass and involves one section of Vierling Drive. A discussion ensued as to whether a lift station would be required. Mr. Loney explained that they are trying to avoid a lift station by using insulation over the pipe. He said if a lift station were necessary the installation would be included in the assessment for sanitary sewer and would be paid by the developer. The on-going maintenance would be paid by the sanitary sewer fund. Zorn/DuBois offered Resolution No. 4631, A Resolution of the City of Shakopee Approving the Preliminary Plat for Stone Meadow, and moved its adoption. Bob Murray, 500 Riverview Drive, Monticello, on behalf of the developer, approached the podium and stated that the maintenance of open space must be provided for by the Homeowner's Association. He also noted that there are two parcels that will not be within the Homeowner's Association. Mr. Leek stated that there are in fact two parcels that the city has not yet taken a position on accepting. He said these parcels will need to be addressed in the final plat. Official Proceedings of the March 18, 1997 Shakopee City Council Page -3- Motion carried unanimously. Mr. Leek provided Councilmembers with a revised copy of Ordinance No. 480. He noted the changes and explained that in making Planned Unit Developments an overlay zone, the underlying zoning regulations remain intact where the Planned Unit Development Plan does not address them. It also makes the requirement for approval a simple majority of the Council rather than a super majority. It also combines two sets of provisions in the zoning ordinance that addressed PUD's so that they are in one place and more clearly understandable. He recommended approval of the draft ordinance. A discussion ensued regarding the benefit to the City. Mr. Leek explained that where setbacks are not addressed clearly in the PUD Plan, it is now clear. DuBois/Sweeney offered Ordinance No. 480, Fourth Series, An Ordinance of the City of Shakopee, Minnesota, Amending Chapter 11, Zoning, by Making Planned Unit Developments an Overlay District Instead of A Zoning Amendment, and by Relocating Provisions Related to the Review of Planned Unit Developments, and moved its adoption. Motion carried unanimously. Mr. Leek explained that the elements of the Trail Plan Addendum incorporate the ideas and concerns raised at past staff meetings. He said the existing trail systems have been inventoried and total 12.6 miles. In addition, the nature of trails which the City policies were directed at were classified. One of the issues that re-occurs is the need for both transportation and recreation trails. The basic goals and objectives in terms of completing and/or adding trails to the system were also reviewed. A prioritization of the top three trail segments was also determined. He recommended incorporating a minimum separation of 8-10 feet for trails in the urban areas. Mr. Leek said that a time line has not been set, that this system would be development driven. He said the intent is to take the trail segments as far as possible in connection with collector streets and trails along them as they are reconstructed and improved. When asked about the plan for the riverfront Recreation Trail, Mark McQuillan explained that the trail is a State Trail and is bonded through the State Legislature. When asked about the County Road 79 Future Transportation Trail, north of the bypass, Mr. McQuillan said that this is a Scott- Hennepin County Regional Trail and that the goal of this trail is connection from down town Shakopee to Cleary Lake. He said this would be a$1.3 million project. Mr. Loney said that County Road 79 is not in the County's 5-year Capital Improvement Plan. He said if the City wishes to go forward with the trail before the road is reconstructed the County would be supportive with the design to meet the future County Road in this area. Staff was directed to research whether the City could apply for ISTEA (Intermodal Surface Transportation Efficiency Act) funds to allow the construction of the trail along County Road 79. Official Proceedings of the March 18, 1997 Shakopee City Council Page -4- Zorn/Link offered Resolution No. 4634, A Resolution of the City of Shakopee, Minnesota, Approving an Amendment to Resolution Number 4551, Adding A Trail Plan Addendum to the 1995 Comprehensive Plan, and moved its adoption. Motion carried unanimously. A recess was taken at 8:55 P.M. The meeting re-convened at 9:08 P.M. The following items were taken out of the regular order on the agenda: 13.E.2) Fuller Street Reconsideration 13.E.3) Award Contract for Demolition of Blocks 3 and 4 DuBois/Link moved to reconsider the vacation of Fuller Street. Motion carried unanimously. Mayor Henderson explained that at the request of the County he had a discussion with them. They indicated that the vacation of Fuller was a deal breaker and without it they would move to an undeveloped area of Shakopee. He said the County has had other land offers for the project and stated that the idea of a lawsuit for detrimental reliance was frivolous. Mayor Henderson said that the original vacation has a negative impact to the neighborhood and that the moving of the county building outside of the area now impacts the entire city and therefore brought the request to reconsider the vacation of Fuller Street to City Council. A discussion ensued regarding additional public input and the need for another public hearing. Mr. Thomson explained that another public hearing is required before vacating a public street. He said that a decision was made and it cannot be changed without another public hearing as required by statute. Zorn/DuBois moved to hold a public hearing on the vacation of Fuller Street between 4th and 5th Avenues at a Special Meeting to be held on Tuesday, April 8th, at 7:00 p.m. Motion carried unanimously. Mr. Thomson recommended a change to the drafted Resolution No. 4635 by deleting paragraphs one and two in their entirety and replacing them with the following language: "The action by the Economic Development Authority in awarding the contract to Dulas Excavating, Inc. is hereby approved." Zorn/DuBois offered Resolution No. 4635, A Resolution Accepting Bids on the Demolition in Blocks 3 and 4, and moved its adoption, including the change as recommended by the City Attorney to delete paragraphs one and two in their entirety and to add the following language: "The action by the Economic Development Authority in awarding the contract to Dulas Excavating, Inc., is hereby approved." Motion carried unanimously. Official Proceedings of the March 18, 1997 Shakopee City Council Page -5- Judy Case, 812 W 5th Avenue, approached the podium and presented a petition encouraging the City to take pause and to invite private commercial development for Blocks 3 and 4. The petition urges the Council to actively market the parcel for a period of nine months and to delay demolition until all options have been considered. Ruth VanHorn, 437 E 4th Avenue, approached the podium and urged the Council to listen to the taxpayers. She said she would be in support of another public hearing and that not enough people know about the plan. Susan Stolarcek, 514 S Holmes, approached the podium and said she was concerned about the amount of parking for the tenants and customers for the proposed retail space, and said there were not enough elevators in the building. She suggested at least two elevators for each building to make the building more accessible to the people that will be living in it. Karen Wolarius, 134 4th Avenue E, approached the podium and stated she had not seen the design previously. She asked what Shakopee's image is to visitors and/or tourists and residents. She said she moved to Shakopee strictly to purchase her home. She said with her experience with national clients, she does not see Shakopee's image. She said she hoped the Council would think about Shakopee's image. She said the building needs a more personal visual image. Motion carried unanimously. Zorn/Sweeney offered Resolution No. 4633, A Resolution Setting the Public Hearing Date To Consider the Vacation of Alley Right-Of-Way Blocks 3 and 4, Old Shakopee Plat, and moved its adoption. (Motion carried under Consent Agenda.) Zorn/Sweeney moved to terminate Jared Andrews' probationary status. (Motion carried under Consent Agenda.) Zorn/Sweeney offered Resolution No. 4632, A Resolution Setting the Public Hearing Date To Consider the Vacation of Right-of-Way (east 1/2 of Spencer Street north of 1st Avenue), and moved its adoption. (Motion carried under Consent Agenda.) The regular order of business was resumed, beginning with 13.B.1.) Street Overlay and Storm Sewer Assessment Policy Revisions. Mr. Loney explained that the Special Assessment Policy was based on the Trunk Storm Water System to be paid by the Trunk Storm Water Charges with the lateral storm drainage facilities serving developing properties paid by the developer. Two modifications are proposed to reflect the new direction in storm water improvements. New storm sewer installed in conjunction with new street construction will be assessed 100% and will be included in street assessments to benefiting properties. Storm drainage facilities installed by the City as a public improvement project will be Official Proceedings of the March 18, 1997 Shakopee City Council Page -6- assessed 100% to developing properties. In each case, if the facilities are oversized to accommodate drainage from areas outside the plat or assessment area, the city will pay for oversizing. Zorn/Sweeney offered Resolution No. 4637, A Resolution Amending the Special Assessment Policy with regards to street overlays and storm sewer, and moved its adoption. Motion carried unanimously. Regarding the lead person job descriptions, Mr. Loney recommended a revision under job descriptions by adding the following sentence: "Lead Person shall have or obtain all certificates and licenses deemed necessary by the Public Works Supervisor in a reasonable amount of time." Zorn/DuBois moved to approve the revised job descriptions for the Street Lead Person and Park Lead Person positions. A discussion ensued regarding the language "deemed necessary." Mr. Thomson said that this was not a problem in association with job descriptions. Motion carried unanimously. Mr. Loney gave a summary of the watershed management law and said the main issue is the development of a 2nd generation watershed plan for the area as required by Board of Water and Soil Resources (BWSR). He said Shakopee Basin WMO will be looking at a proposal as to whether or not they want to remain an independent organization operating under a joint powers agreement which has lapsed, making Shakopee in out of compliance. The plan requirements will be more extensive and will cost more but having the County assume the duties of the Water Management Organization (WMO) would be a cost savings from a reduction of duplication of efforts. County administration of the WMO would provide better watershed planning and management and ultimately annex township acres which drain into Shakopee into the City. He suggested the County retain the local board as an advisory board to retain some input. Sweeney/Zorn moved to accept the staff recommendation to terminate the Shakopee Basin WMO and have the County take over the responsibilities and authorities of watershed planning for the Shakopee Basin Area. Motion carried unanimously. Sweeney/DuBois moved to accept the resignation of Mr. Don Hamilton from the Police Civil Service Commission, with regrets. Motion carried unanimously. Zorn/DuBois moved to nominate and appoint Ms. Kimberly Weckman to the Police Civil Service Commission to fill the unexpired term of Don Hamilton ending February 28, 1999. Motion carried unanimously. Official Proceedings of the March 18, 1997 Shakopee City Council Page -7- Mark McQuillan explained that the City is interested in purchasing property west of Tahpah park to provide additional parking, improve the archery range, and add a new softball field for adults. He said that in order to reduce some of the City's costs through acquisition the City could apply for an Outdoor Recreation Grant which could fund up to 50% or a maximum of $50,000 of the total project costs. The process will be very competitive as there is only $225,000 available for the entire State for land acquisition. One condition of the grant is the requirement to hold a public hearing and that Council pass a resolution in support of the City's participation in the grant program. The application is due March 31 and he recommended holding the public hearing at the March 24 Park and Recreation Advisory Board meeting. Zorn/Sweeney offered Resolution No. 4636, A Resolution In Support of the City's Participation in the Minnesota Outdoor Recreation Grant Program, and moved its adoption. Motion carried unanimously. Sweeney/Zorn moved to hold a public hearing on the acquisition of surplus property that had been acquired by MnDOT for the Shakopee Bypass Project located adjacent to the west end of Tahpah Park and that the public hearing take place at the March 24, 1997 Park and Recreation Advisory Board meeting. Motion carried unanimously. Zorn/Sweeney offered Resolution No. 4629, A Resolution of the City of Shakopee, Minnesota, Approving Premises Permits for the VFW Post #4046, and moved its adoption. (Motion carried under Consent Agenda.) Zorn/Sweeney moved to approve the application and grant a Consumption and Display (set-up) License to the Fraternal Order of Eagles #4120, 220 West 2nd Avenue. (Motion carried under Consent Agenda.) Paul Snook said he had contacted various cities regarding their farmer's markets and obtained information from the Urban Land Institute as well. He said additional information is necessary before the city's role in a farmers' market can be defined. Cncl. Zorn suggested he work with Mr. Snook to look for support in the community to appoint a board to be approved by the Council. There was a consensus that Cncl. Zorn represent the City Council and to work with Mr. Snook in gathering community support. Zorn/Sweeney moved to draft a letter stating the Council's opposition to HF423/SF175, providing for the direct election of Metropolitan Council representatives. Motion carried unanimously. Mr. McNeill explained that Fox Lawson reviewed the pay plan to make it equitable and to address comparable worth issues. Mr. Voxland explained three options which include variations of what Fox Lawson had done for the City which included various factors for cost of living adjustments and lump sum compensation factors. Official Proceedings of the March 18, 1997 Shakopee City Council Page -8- Cncl.Sweeney stated that he would be interested in seeing the cost to the City to implement the pay plan over three years. Mayor Henderson recessed the meeting at 10:34 P.M. for an executive session to discuss labor negotiations. Mayor Henderson re-convened the meeting at 11:07 P.M. and stated that there were no actions taken by the City Council during the executive session. Sweeney/Zorn moved to adjourn. Motion carried unanimously. The meeting was adjourned at 11:07 P.M. CJel( - dith S. Cox City Clerk Esther TenEyck Recording Secretary /a r CITY OF SHAKOPEE CONSENT Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director RE: City Bill List DATE: April 10, 1997 Introduction and Background Attached is a print out showing the division budget status for 1997 based on data entered as of 04/09/97 . 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-XXX) and Blocks 3&4 (code 9439-xxx) in the amount of $11, 684 . 62 . Action Requested Move to approve the bills in the amount of $614, 396 . 94 . T1403 CITY OF SHAKOPEE EXPENSES BY DEPARTMENT 04/09/97 CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 11 MAYOR & COUNCIL 89,410 159 12,866 14 12 CITY ADMINISTRATOR 249,980 6,145 47,904 19 13 CITY CLERK 166,720 8,077 38,952 23 15 FINANCE 322,780 7,876 55,839 17 16 LEGAL COUNSEL 217,320 31,217 42,669 20 17 COMMUNITY DEVELOPMENT 451,290 8,477 66,910 15 18 GENERAL GOVERNMENT BUILDINGS 146,940 6,259 29,087 20 31 POLICE 1,703,140 63,827 451,184 26 32 FIRE 448,990 21,357 84,673 19 33 INSPECTION-BLDG-PLMSG-HTG 245,070 8,882 57,216 23 41' ENGINEERING 425,780 12,568 75,065 18 42 STREET MAINTENANCE 781,860 18,270 170,578 22 44 SHOP 126,540 5,941 31,213 25 46 PARK MAINTENANCE 350,420 10,882 49,687 14 91 UNALLOCATED 622,630 276 -1,570 -0 TOTAL GENERAL FUND 6,348,870 210,212 1,212,275 19 17 COMMUNITY DEVELOPMENT 496,770 96,503 121,446 24 TOTAL TRANSIT 496,770 96,503 121,446 24 H , w CD m a F.1 KC • a a a a a 04 as 04 04 04 04 04 04 x X x X X X X H H H H H H H H H H H H H H 0 0 0 0 0 0 0 0 z 04W 0a of Z z 0 z W N N U 01 rn H CO W N CO M C C 0 H N W'.O 0 0 0 0 O Cl '.0 \0 W 10 0 0 C` N N W Lf)U) Cl M M M Cl > l0 M Cl Cl Cl CO W Cl Cl Cl N 01 01 H 01 01 01 0) Z 0 U) U) Ul 0 U) N N U) 0 LI) UI O 0 H M M U) MMM M H C O O 0 Cl 0 H H 0 Cl 0 0 Cl Cl CO 0 0 N 0 0 0 0 CO 0 0 0 Cl 0 U)U) 0 Cl 0 0 Cl Cl H 0 0 H 0 0 0 0 N ' H '.0 CO N U)0 l0 Cl H 0 CO CO 0 H H 0 0000 E N N CO N N N CO Cl N CO CO N N N C N N d' MMM M Z p: H H H H H H M N H H H Cl H H N M M N N N N N A W N N N N N N C Cl N N N C N N C C C C CCC C 0 W I I I I I I I I i I I I I I I I I I O X N N N N N N H O N N N H N N H H H Cl H N M C U A H H H H H H H H H H H M H H C N H U) CO CO CO CO a'Z 01 01 01 0) 01 01 t`C- 01 0) 01 H 01 M V HCl N H H H H 0 0 0 0 0 0 Orn 0 0 0 0 0 0 0 00 0 0000 14 03 a a U U Z a 4 a w CA KC Cu a Kt XC4 p ' Z Z 2222 IX H a (wi. a Ux [wL 4 KC HHHH O H W O H $E X E A• H 0 co '4 H FC Ls R: Z ZZ Z C70070 3 00 Em o LI) W Oa W 00 W ZZZZ x I N x a Z x O Cl 0 0 X as X 0000 W H (N El W W O EI U H N a 10 U 04 c4 a co N E 0\ w H W W H aaaa N co '.o CI E Cl) o C A as 0 HHHH X O W Cl Za' C W W U) 0 0 Cl Cl 01 W W 01 D 0 C 0 O U 0 x C 0 O X x N 0 a N N Cr) E E W 020.1010:1 tx r- 0 A▪ U in C W W cn UUUU al E4 E4 X • w Cl) WW H Z U U ZZZZ Cl) a E E a 0 Z Z H H H H al E. 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CI) Cl) a s H Cs] U CL] X H a UI Hi N m al o H 0 0 0 0 O 0 C) 0 ri ri N m m r1 a a ri in a UI m a 0 ri r♦ or a a or a a N N N N N a0 a H 3Z 34 4: 3: 4: 3z 4: 3z 4: 4: 3z 3: 4: 3z 34 Z a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C7 z z z z z z z z z z z z z z z U Cs. CL. CL. Cs. CL. CL. Cs. Cs. Cr. Ct. Cs. cs. Cs. CL. Cs. 1 AO CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Members Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Vacation of Right-of-Way for East Half of Spencer Street, North of Hwy. 101 MEETING DATE: April 15, 1997 SITE INFORMATION Current and Adjacent Zoning: B-1 (Highway Business District) INTRODUCTION The City Council received a request from Mr. Wallace Perry to consider the vacation of the above-described rights-of-way. This request is made in connection with the applicants desire to construct an addition to his existing building. DISCUSSION Attached is a copy of the portion of the zoning map showing the location of the subject right-of -way. Other agencies and city departments have reviewed this application information, and the following comments have been received. • The Engineering Department has commented that the City will need to retain an easement over the existing trail and a twenty(20)foot minimum drainage and utility easement over the existing sanitary sewer. • The Shakopee Public Utilities Commission(SPUC)has commented that an easement should be retained for their facilities within the subject area. With regard to the construction of Mr. Perry proposed addition, SPUC has commented that a relocation of SPUC facilities may be necessary, if the vacation is approved. SPUC and the applicant have reached an agreement regarding these issues. Shakopee Public Utilities has provided staff with a copy of this agreement. This agreement has been attached for your review. Staff is recommending that a 25 foot easement be retained for SPUC facilities. • Paragon Cable has noted its approval of the vacation, as long as the coaxial cable and fiber located in the alley are not interfered with. Since the vacation application is for the Spencer street right-of-way, and not the alley, staff does not anticipate conflict with the location of cable utilities. STAFF RECOMMENDATION Staff recommends approval of the vacation of the subject right-of-way, subject to the following conditions: 1. An easement is retained over the existing trail. 2. A twenty (20) foot minimum drainage and utility easement is retained over the existing sanitary sewer. 3. A twenty-five(25)foot easement be retained for Shakopee Public Utilities facilities. ALTERNATIVES 1. Approve the vacation of the subject right-of-way subject to reservation of easements as outlined above. . 2. Deny the request to vacate the subject right-of-way. 3. Table the decision to allow staff or the applicant time to provide additional information. PLANNING COMMISSION RECOMMENDATION The Planning Commission reviewed the request on April 3, and recommended vacation, subject to retention of outlined easements, unanimously. ACTION REQUESTED Offer and approve Resolution No. 4650 acating the subject right-of-way. kt ��''1 g ulie 1m. Planner II i:\commdevkc\1997\cc0415\vacperry.doc RESOLUTION NO.4650 A RESOLUTION OF THE CITY OF SHAKOPEE VACATING THE RIGHT-OF-WAY FOR THE EAST HALF OF SPENCER STREET,NORTH OF 1ST AVENUE AND SOUTH OF THE SOUTHERLY BORDER OF THE ALLEY IN OLD SHAKOPEE PLAT, SCOTT COUNTY, MIN ESOTA WHEREAS,right-of-way has been dedicated for Spencer Street in Old Shakopee Plat, County of Scott, State of Minnesota;and WHEREAS,it has been made to appear to the Shakopee City Council that this right- of-way serves no public use or interest; and WHEREAS,the public hearing to consider the action to vacate was held in the Council Chambers of the City Hall in the City of Shakopee at 7:00 P.M. on the 15th day of April, 1997; and WHEREAS,two weeks published notice has been given in the SHAKOPEE VALLEY NEWS and posted notice has been given by posting such notice on the bulletin board on the main floor of the Scott County Courthouse, the bulletin board at the U.S. Post Office, the bulletin board at the Shakopee Public Library, and the bulletin board in the Shakopee City Hall; and WHEREAS,all persons desiring to be heard on the matter were given an opportunity to be heard at the public hearing in the Council Chambers in the City of Shakopee. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. That it finds and determines that the vacation hereinafter described is in the public interest; and 2. That the following right-of-way in Old Shakopee, City of Shakopee, County of Scott, State of Minnesota, serves no further public need; 3. That the right-of-way described below is hereby vacated: That part of the East Half of Spencer Street lying southerly of the westerly extension of the northerly line of Lots 1 and 2, Block 1, City of Shakopee as on file and of record in the Office of the County Recorder and northerly of a line distant 43.00 feet northerly and radial of the center line of CSAH No. 101. Subject to an easement for utilities and bituminous trail over and under that part of the vacated street lying westerly of the following described line, commencing at the NE corner of Lot 1, Block 1, City of Shakopee, Scott County,Minnesota; thence N 80 degrees W assumed bearing along the north line of said Lot 1 to the NW corner; thence continuing N 80 degrees W a distance of 22.00 feet to the point of beginning of said line; thence S 12 degrees, 23 minutes and 9 seconds W to the north right-of-way line of new CSAH No. 101 and there terminate. Together with Exhibit A: Subject to a 25 foot easement for utilities over and under that part of the vacated street lying southerly of the following described line, commencing at the NE corner of Lot 1, Block 1, City of Shakopee, Scott County,Minnesota; thence N 80 degrees W assumed bearing along the north line of said Lot I to the NW corner to the point of beginning of said line; thence continuing N 80 degrees W to the center line of Spencer Street and there terminate. 4. After the adoption of the Resolution, the City Clerk shall file certified copies hereof with the County Auditor and County Recorder of Scott County. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1997. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee, MN 55379 CITY OF SHAKOPEE PUBLIC UTILITIES COMMISSION 1030 EAST FOURTH AVENUE RECICII\V/t'-- ) SHAKOPEE,MINNESOTA 55379 612-445-1988 avk 1 0 1997 April 9, 1997 Mr. Wallace Perry 834 S. Lewis Street Shakopee,MN 55379 RE: VACATION OF SPENCER STREET,NORTH OF CR 101 Dear Mr. Perry: As we discussed yesterday,we are willing to accommodate your request to have us remove our overhead guy pole and transfer our guy wires and anchors to our corner pole at the intersection of Spencer Street and the alley north of your building. We will require reimbursement of our costs which are estimated to be$700.00. If your request for vacation is granted,we will also require an easement for the new location of the anchors. A legal description of the necessary easement is attached as Exhibit"A." The new location of the guy wires and anchors will effectively cut off access from the alley to the remaining Spencer Street right of way. We believe that the east half of the Spencer Street right of way intersecting with the alley should be vacated to recognize this. It has come to my attention that some people access the boat landing on the Minnesota River via this alley and Spencer Street,although most use the access from Levee Drive going under the bridge. At our meeting there was some question on whether access was possible since our pole line must also have guy wires and anchors to the west from the corner pole. I did inspect the site again and the construction for the anchoring is similar, with an overhead guy pole installed on the west side of the intersection of Spencer Street and the alley. In the event that the city decides it wants to keep the access open,we could shorten the existing guy wires and relocate the anchors a few feet to the north so that your building addition could be built. The estimated cost to accomplish this is$400.00 and we would require additional easement retained,simply changing Exhibit"A"where it reads"10 feet"to read"25 feet"would accomplish this. The Heart Of Progress Valley e. By signing this letter you agree to reimburse Shakopee Public Utilities for the cost to relocate our facilities,support retaining the necessary easement for utility purposes,and support the additional vacation of the east half of Spencer Street at the intersection with the alley as outlined above. Please return this letter when signed to our offices. Thank you. Sincerely, Joseph D. Adams Administrative Assistant The undersigned parties agree to the conditions outlined above regarding the relocation of SPDC facilities and reimbursement of the costs to accomplish the same. il :7 . r '---' / ,,r---- /. 7 Y-5 77 Wallace Pent D Lou VanHout Date Utilities Manager enclosure copy to: Lou VanHout,Utilities Manager Julie Klima, City of Shakopee EXHIBIT "A" Subject to a 10 ft . easement for Utilities over and under that part of the vacated street lying southerly of the following described line, commencing at the NE corner of Lot 1, Block 1, City of Shakopee, Scott County, Minnesota; thence N 80 degree W assumed bearing along the north line of said Lot 1 to the NW corner to the point of beginning of said line; thence continuing N 80 degree W to the center line of Spencer Street and there terminate. CONSENT CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima, Planner II SUBJECT: Vacation of Right-of-Way for East Half of Spencer Street, North of Hwy. 101 DATE: April 3, 1997 SITE INFORMATION Applicant: Wallace Perry Current and Adjacent Zoning: B-1 (Highway Business); See attached zoning map INTRODUCTION The City has received a request from Wallace Perry to consider the vacation the east half of Spencer Street north of Hwy. 101 and south of the southerly right-of-way line of the alley between Blocks 1 and 2, Original Shakopee Plat. The City Council will hold a public hearing on April 15, 1997, to consider this vacation request. A recommendation from the Planning Commission is needed for the vacation process. DISCUSSION Attached is a copy of the portion of the zoning map showing the location of the subject right-of -way. Other agencies and city departments have reviewed this application information, and the following comments have been received. • The Engineering Department has commented that the City will need to retain an easement over the existing trail and a twenty(20)foot minimum drainage and utility easement over the existing sanitary sewer. The location and alignment of the trail and sanitary sewer must be identified by the applicant's surveyor, along with the legal descriptions of the easements required. • Paragon Cable has noted its approval of the vacation, as long as the coaxial cable and fiber located in the alley are not interfered with. Since the vacation application is for the Spencer Street right-of-way, and not the alley, staff does not anticipate conflict with the location of cable utilities. ALTERNATIVES 1. Recommend to the City Council the approval of the vacation of the subject right-of- way subject to the following conditions: a) An easement is retained over the existing trail. b) A twenty(20)foot minimum drainage and utility easement is retained over the existing sanitary sewer. c) Prior to review of the vacation request by the City Council, the applicant shall provide a survey identifying the location and alignment of the trail and sanitary sewer. The applicant's surveyor shall also provide the legal descriptions for the easements that are required. 1. Recommend to the City Council denial of the request to vacate the subject right-of-way. 2. Table the decision to allow staff or the applicant time to provide additional information. STAFF RECOMMENDATION Staff recommends the approval of the vacation, subject to the listed conditions(Alternative No. 1). ACTION REQUESTED Offer and pass a motion recommending to the City Council the approval of the vacation, subject to the listed conditions. • ./ /(1 (iittt Julie Klima Planner II i:\commdev\boaa-pc\1997\aprO3\vacperry.doc :.V; .. EXHIBIT A . `\ N IP .� E AG .� ,,,,.. : 2 _ • . . - - - ---- nue _1 . . . el . , " �Tq . a! witt ' • , 1 =i-1-2‘ .. ‘ :,.� • !Avian galtStri- . 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II Am��0Ii110 ® 81 Highwcy Business 6 i eel r,•11611112©0 82 Office Business _._ ; ~ �U Ville r .` d� IB3 I Central Business I_ L-- L: i . i ST a ,,� r-- r i - - M rr-, I !fight !nc str•of =-1_y I 2 '� -- -- �-, 2 1 Heavy, rdustricl �i I I ',iL i c or Recreation • ~ I l'I 3 v, erHo'v Zones L - -- `.1 ( • DRIN111M FOR : ``Y ii, itp A LLFLy - ''s ,__ :„,:„.„,„„„.!„„gepoi,,,,,spi,,,,,,„,„Ensung,,,,,,,,,,,, ,,, 63C) "•:IiiqiiiliMiii.iNigiigig...i':.:::iNEMORMI;M: ) 1 : rr < < MA/1,I /1///f< r< ! ! f ! 1 : 4.:i. :i?,,.::: ::::::i#:' ;:::.:'£;'.is i: : ; .'i.. ;: n4OMMINAWNINIMIRMING*7-- ..1-\ -C 0 --,(j )iiIii.;iiiR.i.g.:•,,i,t,:i:::milimm. ;1.i::;i.:ilim, ,e\O / ..--, 4MESSOOADENPUIRMISO:50\v O i 111011111111.13111111111 / < '":> i / {d! V / l y :'�:';�:::�'::!::':':'�jlh!;i{:iIIIIiiiritg I::ii:: ::i i::iiiii:>iii:;;:•:::::i<;ii:z:r,g ::: :.:iiiiii::i:s E 1.•�•!S;;:i iy`.i::$iisii::::i2%:: ::>::::»iiiii::i::ii:; i:i:Si iiii>i:;::£: N i-:::5::;:::::;{;::;:;}:;;:i; ::i::;:i::iif.::i:%$iiiii;:iiiii;:;l,'}ii:::Y::c£}i: \ l i . .•::::i::::;:;?;}}:<;}x ii;<;.s::i:Gi i;:i:::;ii: •,::i iiii i;:;;:;;;;;:ilii;:ii:;:;:i: ` \ �� n v1 :ii '... y4J 1 •••C•'•:+Y:�+'ri • ti�Y'i:'�<i•�(:'�: • •---*!win:.iigip.!:: i I Ri,..._ 1 .4 w,„„ L,uF R25-7(0,4,14 m R 71. AN 4 ______, / E . � �R T \) EQ _______ 3z.... • 11\ - 6It4 x' 29°s , tg . _ 959 ? _5col N - ... 1..._._.,:)..,4 cr • I hereby certify that this is a true and correct representation of a survey of the boundaries of Lots 1.421 1.- l-.0('•K 5,,, 21., 4 KOP� County. Minnesota as on file and of record CE' �`-'D�T in the Office of the County Recorder in and for said County. That I am a duly Registered Land Surveyor under the Laws of the State of Minnesota. 11. J Dated: DECtMBER. Pt 199c2 ililiil,ole PE‘Asuo.J A-IYAAm 29, tg91 Allan R. Hastings Minnesota Registration No, 17009 IIIf � IIW/ U 121 Lewis Street S. JAN 2 9 1997 • Suite No. 102 Shakopee, Minnesota 55379 4 Phone 612 445 4027 1-3 r PARK-N-RIDE x • \voi ,,,, ;;;0011111----rihtH --------- --. i. los,aesiososio '=����sssvossem !050 '� E ATTACHMENT C 01 toe _. "® Y zI h i% � l i '-NtE�' LEGEND -r I ,,,-.4„; „ 0 rrili' N`•^✓ TRAIL CORRIDOR AS PROPOSED 1 c IL ,. ,12.MAI _. Rj� � IN ISTEA APPLICATION I. 1: v. SI-IAKOPEE ---- ALTERNATIVE TRAIL CORRIDOR "' L.00ATIIQTrail. ,/. L1 COUNTY xis ri/•J a;L ® 1; 7 9 1+� ,.�Ncv►�cp;4 PnrK= P4a►NKec�gx�usiov( r I.; Sha ogee Piro j ec-E'A t+ea ?. 1 1a. X s7614- Proposal �+...n n COUNTY - - 78 ; a0 0 0 a,,,„ �m�m�w�vsm��myyr/� m . i P I 4 a A w - 14 COUNTYg s # . O'DOWD 17 o ,•... [... PARK 4..›.... .0 0 1 0 0-:.A i... 0:+......wt X 0 2 Cal gl r' ; a w .,"‹ /:,N, •i- ! .a (H0 . .0::' ".., ' 0 0 OT# Id PRIOR LAKE LA 0 i �E 0 W i ./s `' ��w�' SCOT ER _r wuw .r 1 . LA n c. M.,i ®i a) 0 `% COUNTY .wu��µ E0 \\ :"441N, `/ HOW/'D ,may, { r.....-.2!'�./ '. Q kik 464f: r. iw .» m ... ..� v� n...�'`i'F ..®Z G, /m--�-m w-m-111-m-v1 9 - .�,, f PRIOR LA.' SPRING [AI[ r.s 41 I••,I••D ��M�u .. • : I[GIONAI PARE I . 1 ! 1 � u., .� . . ek.-y• aie REGIONAL TRAIL FROM SHAKOPEE TO PRIOR LAKE SCOTT COUNTY, MINNESOTA 1V. . CITY OF SHAKOPEE CONSBIT Memorandum To: Parks and Recreation Advisory Board From: Mark McQuillan,Parks and Recreation Director Subject: Lions Park Sign Date: April 4, 1997 INTRODUCTION/BACKGROUND The Shakopee Lions Club is seeking the City's permission to construct a new sign at the entrance of Lions Park on Adams Street. The sign will be made of brick and wood with the name Lions Park on it. The Lions Club is funding the project and will construct it using volunteer labor. A copy of the plan is attached to the memo. A Sign Permit Application has been filed with the City's Community Development Department and it meets all requirements for approval. However, staff is requesting Council's approval to have the $65.00 Sign Permit Fee waived. ALTERNATIVES 1. Waive the $65.00 Sign Permit Fee. 2. Deny the waiver for the$65.00 Sign Permit Fee. ACTION REQUESTED Move to waive the $65.00 Sign Permit Fee for the Lions Park Entrance Sign. Mark McQuillan Parks and Recreation Director diflOi i S6alCoree_ LioYns Po,'rl4 'M? M. a -.1 7-93 • sWQQ..a../ s....1.e0L PLa�aroonc, ♦ 0e{r'< �ovrctry 1 1 • 1 1 rce - A t'enq 1 4- E f1Rcite 1, 13e<-141 le/Poce u 1 RAMS'; 1( Ca 4. } } ' A r BcC#h - • ... ' InQ'!Se. ` ii \ . tad. t K' 9 3 ► Pe'PB''"d-;cvlar+a AAmot Sf. 1 Par t h Qtee... f ' ► vSto� Pool ' 1 —Shelter-At ci ----- f{ors�ShcP:� t s 1 `•� t4.4----ti•wtor:a 1 P1sel J.t Rts}tcow� = ?r t 1 aNvA:s Cwr+g , • , • III Por C. 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I v. � `� / / ` ••i I1HL 1 I : k --- '-' \ \\\\ c, I/i I \--4 - - - ,,'' ' \ A• /4, i <,,........„,,,,_ Wit, t1 I ,V - ��.,.,1e):\ . 1 SI J _____. ______ :"....,,„�; 1 i �i , f _ 1,','„ , , , , \ ,s, _,_ c 1i';k Hi (.': , _ _._ X11 t 11'1 --- ` I ) 1 1 f -TrI el Ci l ! } ; i t ' I i i i I _ 1' - / /, C , 1 , CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Members Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Vacation of Right-of-Way for Lewis Street between Blocks 3 and 4 in Downtown Shakopee MEETING DATE: April 15, 1997 Site Information: Applicant: City of Shakopee Economic Development Authority Current and Adjacent Zoning: B-3 (Central Business District) INTRODUCTION: At its meeting of March 4, 1997, the Council tabled the request to vacate Lewis Street between Blocks 3 and 4 Downtown, in order to obtain additional information regarding the following; 1. The width of the Lewis Street right-of-way; 2. The properties served by Minnegasco, and the amount of right-of-way required for their gas line; 3. the location of SPUC's watermain, and the easement required for it. DISCUSSION: Right-of-Way Width: The width of the right-of-way for Lewis Street is 80 feet. Minnegasco Line: Minnegasco's line is actually within the alleys in Blocks 3 and 4, and proposed Resolution No. 4649 relative to the alley vacation retains an easement for the Minnegasco line. SPUC Watermain: SPUC's watermain lies about 10 feet east of the westerly building proposed as a part of the redevelopment project. Thus a 20 foot drainage and utility easement, centered on the watermain should be reserved. Alternatives: 1. Approve the vacation of the subject right-of-way subject to reservation of utility easements or relocation of utilities as follows; A 20 foot drainage and utility easement for the SPUC 2. Deny the request to vacate the subject right-of-way. 3. Table the decision to allow staff or the applicant time to provide additional information. PLANNING COMMISSION RECOMMENDATION: The Planning Commission reviewed the request on February 20, 1997, and recommended vacation unanimously, subject to the retention of appropriate drainage and utility easements. ACTION REQUESTED: Offer and approve Resolution No. 4626 vacating the subject right-of-way v R. Michael Leek Community Development Director rt ia ' ..... �P��P a \ • . • AG F' : R2 t1 •ro-4 5 t. ..wit. 1 2m E a . : ' .1 I I I 1.I I 1 a I I 11?'.1A_1,1,111 I itligilkIliti ittst-LAI L:111141 I fig' CT SITE> 364 ). t\fir'�.; ."211111 �►t*'i .� #®t SO , UBS/— ` 1% '�� ' 't - ION #t#� 1g►' atilt — !Alit ,. .#g 111, ri wiI,Si ' #a l@otil 1_1',11 itt `iva '',, i 1`�!#t % 2 tsi �1 tat; ,111 �' �t'.19 ..� #�.� 1E3 ,�,;A,, ' � .metal ",. t - 111Stlitit %II ' ' - 1lra# "'ill p •t 11111 TV-1---- 1tla 11 ��',� ` �as �'gS 11_l�_ _ Iii� �gt1_►� ���`� ;1t►�1� �s�tv �`t#11�L 'esti ,� . , ss fit# - a Its LEGEND - it 1 # lit“ d#iia 1r$t ,�Q V(tit i1ti'- - , A � 1# lel tar t t °� .- y olxtit_ - t� s� ; visite� ®}u• >z . •ale!'' 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A s -Sncrecnd tere k SI i�2l > 4��.` I Fav II rain tl_ 1 �•j - C' •Cin District RESOLUTION NO.4626 A RESOLUTION OF THE CITY OF SHAKOPEE VACATING THE LEWIS STREET RIGHT-OF-WAY BETWEEN 1ST AVENUE EAST AND COUNTY ROAD 69 WHEREAS,right-of-way has been dedicated adjacent to Blocks 3 and 4, Shakopee Plat, and between the right of way of 1st Avenue East and the right-of-way of C.R 69/STH 101, City of Shakopee, County of Scott, State of Minnesota;and WHEREAS,it has been made to appear to the Shakopee City Council that this right- of-way serves no public use or interest; and WHEREAS,the public hearing to consider the action to vacate was held in the Council Chambers of the City Hall in the City of Shakopee at 7:00 P.M. on the 4th day of March, 1997; and WHEREAS,two weeks published notice has been given in the SHAKOPEE VALLEY NEWS and posted notice has been given by posting such notice on the bulletin board on the main floor of the Scott County Courthouse,the bulletin board at the U.S. Post Office,the bulletin board at the Shakopee Public Library, and the bulletin board in the Shakopee City Hall; and WHEREAS,all persons desiring to be heard on the matter were given an opportunity to be heard at the public hearing in the Council Chambers in the City of Shakopee. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF'flh1 CITY OF SHAKOPEE,MINNESOTA: 1. That it finds and determines that the vacation hereinafter described is in the public interest; and 2. That the following right-of-way in Old Shakopee, City of Shakopee, County of Scott, State of Minnesota, serves no further public need: the right-of-way for Lewis Street located adjacent to Blocks 3 and 4, Shakopee Plat, and between the right of way of 1st Avenue East and the right-of-way of C.R. 69/STH 101. 3. That the right-of-way described above is hereby vacated subject to the reservation of the following easements; a) a 20 foot drainage and utility easement for a Shakopee Public Utilities Commission watermain; b) a 39 foot easement for Minnegasco described as follows; That part of Lewis Street North which lies southerly of the Westerly extension of the Northerly line of the alley as dedicated in Block 3, Old Shakopee Plat, and which lies Northerly of a line lying 50.00 feet Southerly, measured at right angles, and parallel to the last described line. 1. After the adoption of the Resolution, the City Clerk shall file certified copies hereof with the County Auditor and County Recorder of Scott County. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1997. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee,MN 55379 CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Members Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Vacation of Right-of-Way for Lewis Street between Blocks 3 and 4 in Downtown Shakopee DATE: February 25, 1997 Site Information: Applicant: City of Shakopee Economic Development Authority Current and Adjacent Zoning: B-3 (Central Business District) INTRODUCTION: The City Council received a request from the Shakopee EDA to consider the vacation of the above-described right-of-way. This request is made in connection with the proposed redevelopment of Blocks 3 and 4 downtown into about 28,500 square feet of retail space and 52 market rate rental residences for persons 55 and older. DISCUSSION: Attached is a copy of the portion of the zoning map showing the location of the subject right-of -way. Other agencies and city departments have reviewed this application information, and the following comments have been received. • The City Clerk has commented that there may be alleys which will also require vacation, and that a determination will need to be made as to what entity will pay for any required utilities relocation. • The Engineering Department has commented that there is an existing storm sewer pipe in the right-of-way, and that a drainage and utility easement should be retained for that pipe. • The Building Official has commented that Fire Department access roadways must be provided per the State Fire Code • The Shakopee Public Utilities Commission(SPUC)has commented that there is a public watermain in the right-of-way, and an easement should be maintained for it. • Minnegasco has asked that an easement be retained for a gas main located in the easement, or, in the alternative, that it be reimbursed for the cost of relocating said gas main. • U.S. West has asked that an easement be maintained on the north to provide access to its underground cable and conduit. ALTERNATIVES: 1. Approve the vacation of the subject right-of-way subject to reservation of utility easements or relocation of utilities as outlined above. 2. Deny the request to vacate the subject right-of-way. 3. Table the decision to allow staff or the applicant time to provide additional information. PLANNING COMMISSION RECOMMENDATION: The Planning Commission reviewed the request on February 20, 1997, and recommended vacation unanimously. ACTION REQUESTED: Offer and approve Resolution No. 4626 vacating the subject right-of-way R. Michael Leek Community Development Director CITY OF SHAKOPEE I Y. C Memorandumat V)S'‘ TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Initiating the Vacation of a Drainage and Utility Easement located in Lot 3, Block 1 Canterbury Park First Addition MEETING DATE: April 15, 1997 INTRODUCTION: The attached Resolution No. 4646 sets a public hearing date to consider the vacation of a drainage and utility easement located in Lot 3,Block 1, Canterbury Park First Addition. DISCUSSION: The City has received a petition from Valley Green Business Park for the vacation of a drainage and utility easement. The attached resolution sets a public hearing for May 20, 1997. On that date, comments from staff members and utilities, as well as a recommendation from the Planning Commission, will be presented to the City Council for their consideration. ACTION REQUESTED: Offer Resolution No. 4646, A Resolution Setting the Public Hearing Date to Consider the Vacation Of A Drainage and Utility Easement, and move it option. '! R.Michael Leek . ,de*c\199Tcca15\vacphvg.aoc Community Development Director 1 VACPHVG.DOC/RML RESOLUTION NO.4646 A RESOLUTION SETTING THE PUBLIC HEARING DATE TO CONSIDER THE VACATION OF A DRAINAGE AND UTILITY EASEMENT WHEREAS,it has been made to appear to the Shakopee City Council that the drainage and utility easement in Lot 3,Block 1, Canterbury Park First Addition, City of Shakopee, County of Scott, State of Minnesota, serves no public use or interest; and WHEREAS,a public hearing must be held before an action to vacate can be taken and two weeks published and posted notice thereof must be given. WHEREAS,two weeks published notice will be given in the SHAKOPEE VALLEY NEWS and posted notice will be given by posting such notice on the bulletin board on the main floor of the Scott County Courthouse,the bulletin board at the U.S. Post Office,the bulletin board at the Shakopee Public Library, and the bulletin board in the Shakopee City Hall. NOW,'THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,that a hearing be held in the Council Chambers on the 20th day of May, 1997, at 7:00 P.M. or thereafter, on the matter of vacating the drainage and utility easement in Lot 3,Block 1, Canterbury Park First Addition, City of Shakopee, County of Scott, State of Minnesota. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1997. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 S.Holmes Street Shakopee,MN 55379 2 VACPHVG.DOC/RML 1 '/, c . - . CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Street Naming Request of Clean Sweep MEETING DATE: April 15, 1997 Introduction: Clean Sweep previously requested that a new street which is part of the Maras Street Improvement Project be named Clean Sweep Lane. The Council denied the request at its meeting of April 1, 1997, but indicated to the applicant that it would be open to a name using"Hansen." Kyle Hansen, President of Clean Sweep, has requested that the City consider either Hansen Lane or Hansen Avenue. The City does use"avenue" for east- west streets. Alternatives: 1. Approve the request to name the new street Hansen Lane or Hansen Avenue. 2. Do not approve the request. Planning Commission Recommendation: The Planning Commission reviewed the original request at its meeting of March 6, 1997. The Commission did not make a specific recommendation, but several commissioners expressed a preference for neutrality in street names. Because the Planning Commission's recommendation addresses the present request, the Commission has not been asked to review it. Action Requested: Offer and pass a motion consistent with the Council's determination in this matter. , , R. Michael Leek Community Development Director i CLEANSWP.DOC/RML +6124031440 CLEAN SWEEP INC. 751 P01 APR 09' 97 11 : 22 • OLEO SIIIIEP 1675 COUNTY ROAD 18, "; ".PHONE:403-1440; FAX:403-1441 APR 9 i #9/ April 9, 1997 Michael Leek,Planner City of Shakopee 129 Holmes Street South Shakopee, MN 55379 Fax# 4454718 Dear Michael, As per our conversation on April 8, 1997, this letter is a request to the City of Shakopee to name the unnamed street in Maras Street Development as"Hansen Lane" or "Hansen Avenue", whichever the city would prefer. Please feel free to call me if there are any questions at 403-1440, ext. 1221. Sincere . '1"7 • sen esident CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Fuller Street Closure DATE: April 10, 1997 INTRODUCTION: The Council is asked to adopt a resolution formally closing Fuller Street,between 4th and 5th Avenues. BACKGROUND: On April 8th, a public hearing was held, during which time the City Council took public testimony concerning the County's request to close Fuller Street between 4th and 5th Avenues. The closure would be to allow for expansion of the Scott County Courthouse. After considering the merits of the case,the Council voted 3-2 to reverse its earlier decision, and directed staff to prepare a resolution which would allow for the closure of the street, and the vacation of that right-of-way. BUDGET IMPACT: The Council was provided with an analysis by Bruce Loney as to what the closure costs would be,based on previous Council action. These included"hard" costs of up to $300,000 for rerouting of electric lines,rerouting a Minnegasco line, and street intersection reconstruction. Also cited in that memo was the waiver of building permit fees, currently estimated at$141,000 (a more exact figure will be available when building plans are available for review). It should be noted that of that amount,there are approximately$40,000 of utility fees and electric inspector charges which the City will need to absorb as a hard cost, as those can not be waived. No source of funding has been identified for these expenses, other than general fund reserves. ACTION REQUIRED: As a follow-up to the direction given at the April 8th meeting,the Council should adopt the following resolution: A RESOLUTION OF THE CITY OF SHAKOPEE VACATING FULLER STREET NORTH OF FOURTH AVENUE WEST AND SOUTH OF FIFTH AVENUE WEST. Mark McNeill City Administrator RESOLUTION NO. 4651 A RESOLUTION OF'[HE CITY OF SHAKOPEE VACATING FULLER STREET NORTH OF FOURTH AVENUE WEST AND SOUTH OF FIFTH AVENUE WEST WHEREAS,right-of-way has been dedicated in the Old Shakopee Plat, located between the right-of-way of Fourth Avenue West and the right-of-way of Fifth Avenue West, City of Shakopee, County of Scott, State of Minnesota; and WHEREAS,it has been made to appear to the Shakopee City Council that this right- of-way serves no public use or interest;and WHEREAS,the public hearing to consider the action to vacate was held in the Council Chambers of the City Hall in the City of Shakopee at 7:00 P.M. on the 8th day of April, 1997; and WHEREAS,two weeks published notice has been given in the SHAKOPEE VALLEY NEWS and posted notice has been given by posting such notice on the bulletin board on the main floor of the Scott County Courthouse,the bulletin board at the U.S.Post Office,the bulletin board at the Shakopee Public Library, and the bulletin board in the Shakopee City Hall; and WHEREAS,all persons desiring to be heard on the matter were given an opportunity to be heard at the public hearing in the Council Chambers in the City of Shakopee. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. That it finds and determines that the vacation hereinafter described is in the public interest for the following reasons; a) That the location of the Scott County Justice Center adjacent to Downtown Shakopee is essential to the continued economic vitality of the Downtown area; and b) That Scott County has examined the building options for the Justice Center at that location, and has concluded and represented to the City Council that construction of a Justice Center which meets the needs of the County and its citizens is not possible without the closure of the described portion of Fuller Street in order to accommodate a single entrance to the Courthouse and Justice Center Buildings;and 2 VACFULLE.DOC/RML c) That failure to vacate the described portion of Fuller Street will result in the relocation of the Justice Center project outside the Downtown area,thus having a serious economic impact on the Downtown; and d) That the City of Shakopee has studied the impact of the proposed closing on traffic flow and patterns in the area in order to determine alternative traffic patterns; and e) That the City Council has concluded from the traffic study completed that the diversion of traffic can adequately be handled by using alternative collector street alignments;and f) That the cost of alternative traffic and utility alignments is more than mitigated by the economic benefit to the City of Shakopee and its citizens of keeping the Justice Center project adjacent to Downtown Shakopee. 2. That the following right-of-way in Old Shakopee, City of Shakopee, County of Scott, State of Minnesota, serves no further public need: The right-of-way for Fuller Street located between the right-of-way of Fourth Avenue West and the right-of-way of Fifth Avenue West, City of Shakopee, County of Scott, State of Minnesota 1. That the right-of-way described above is hereby vacated subject to the following condition; That the City reserve,however,to the City of Shakopee, its licensees and franchise holders, a perpetual drainage and utility easement on,under, and over the vacated right-of-way for utilities,with the right to install, maintain, repair, lay and relay utilities by the City, its licensees and franchise holders. 2. After the adoption of the Resolution, the City Clerk shall file certified copies hereof with the County Auditor and County Recorder of Scott County. 3 VACFULLE.DOC/RML Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1997. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee,MN 55379 R. Michael Leek Planner II 4 VACFULLE.DOC/RML f "`4 o N tk e tw-b e y, /s y IA .G -4 RESOLUTION NO. 4651 A RESOLUTIO OF - I CITY OF SHAKOPEE VACATING FULLE : "1 ` I R ' ®F FOURTH AVENUE WEST AND delia • , ". • VENUE WEST WHEREAS,right-of-way has been dedicated in the Old Shakopee Plat, located between the right-of-way of Fourth Avenue West and the right-of-way of Fifth Avenue West, City of Shakopee, County of Scott, State of Minnesota; and WHEREAS,it has been made to appear to the Shakopee City Council that this right- of-way serves no public use or interest; and WHEREAS,the public hearing to consider the action to vacate was held in the Council Chambers of the City Hall in the City of Shakopee at 7:00 P.M. on the 8th day of April, 1997; and WHEREAS,two weeks published notice has been given in the SHAKOPEE VALLEY NEWS and posted notice has been given by posting such notice on the bulletin board on the main floor of the Scott County Courthouse, the bulletin board at the U.S. Post Office, the bulletin board at the Shakopee Public Library, and the bulletin board in the Shakopee City Hall; and WHEREAS,all persons desiring to be heard on the matter were given an opportunity to be heard at the public hearing in the Council Chambers in the City of Shakopee. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF 1'HE CITY OF SHAKOPEE, MINNESOTA: 1. That it finds and determines that the vacation hereinafter described is in the public interest for the following reasons; a) That the location of the Scott County Justice Center adjacent to Downtown Shakopee is essential to the continued economic vitality of the Downtown area;and b) That Scott County has examined the building options for the Justice Center at that location, and has concluded and represented to the City Council that construction of a Justice Center which meets the needs of the County and its citizens is not possible without the closure of the described portion of Fuller Street in order to accommodate a single entrance to the Courthouse and Justice Center Buildings; and VACFULLE.DOC/RML c) That failure to vacate the described portion of Fuller Street will result in the relocation of the Justice Center project outside the Downtown area, thus having a serious economic impact on the Downtown;and d) That the City of Shakopee has studied the impact of the proposed closing on traffic flow and patterns in the area in order to determine alternative traffic patterns; and e) That the City Council has concluded from the traffic study completed that the diversion of traffic can adequately be handled by using alternative collector street alignments; and f) That the cost of alternative traffic and utility alignments is more than mitigated by the economic benefit to the City of Shakopee and its citizens of keeping the Justice Center project adjacent to Downtown Shakopee. 2. That the following right-of-way in Old Shakopee, City of Shakopee, County of Scott, State of Minnesota, serves no further public need: The right-of-way for Fuller Street located between the right-of-way of Fourth Avenue West and the right-of-way of Fifth Avenue West, City of Shakopee, County of Scott, State of Minnesota That the right-of-way described above is hereby vacated subject to the following condition; That the City reserve to the Shakopee Public Utilities Commission(SPUC)a drainage and utility easement, as described on Exhibit A attached hereto, for SPUC's facilities, with the right to install, maintain, repair, lay and relay facilities. After the adoption of the Resolution, the City Clerk shall file certified copies hereof with the County Auditor and County Recorder of Scott County. VACFULLE.DOC/RML -l~ Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1997. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee,MN 55379 R. Michael Leek Planner II VACFULLE.DOC/RML ro CITY OF SHAKOPEE I Y. c. Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Courthouse Neighborhood Parking DATE: April 10, 1997 INTRODUCTION: The Council is asked to give direction to staff as to addressing the neighborhood parking concerns around the Scott County Courthouse. BACKGROUND: One of the items which was discussed at the Fuller Street public hearings was a problem with on- street parking on the streets surrounding the courthouse complex. Neighboring property owners stated that the problems were caused by all day parkers(presumably employees), who parked in front of their properties. making other parking uses impossible. The County does have sufficient space on the existing lot west of the courthouse for its employees (but not necessarily for customers); however, it is not mandated that employees park there. If a method is found to do that, it would likely displace the number of spaces for customers and other users of the courthouse. However,typically,that parking is a shorter duration. ALTERNATIVES: Possible solutions are as follows: 1. Issue residential parking permits-while technically legal, these have had limited use in. Minnesota. From a practical standpoint,they are difficult to administer-property owners must remember to obtain visitor permits for short term guests. Residents must also remember to display the permit. 2. Limit parking around the courthouse during certain hours of the day, so as to eliminate all day parking. Signs could be such that it would limit parking to 2 hours between the hours of, for example, 10 AM to 3 PM. The drawback to that is enforcement by the Police Department, which involves chalking tires, which does not always work well in inclement weather. It also has a tendency to encourage employees to shuffle cars (driving them short distances to avoid the 2 hour prohibition). Either of the above alternatives is dependent upon a sufficient supply of all day parking for employees and patrons of the courthouse. The anticipated construction will limit the availability of parking in the lot currently west of Fuller Street, and will likely compound the neighborhood parking problems. Either solution would also not solve the problems for the occasional all day parkers at the courthouse, such as jurors,trial lawyers and litigants, etc. ALTERNATIVES: As stated above,the problem will likely increase once construction gets underway. The City could wait until that level of the problem presented itself, and address it at that time. However, if the Council wishes to get started now, it could direct one of three things: 1. Do a letter survey of the area, and from that determine how much of a problem exists, and where. The survey could also list options (signage,parking prohibition hours,permits if possible, etc.), and based on that, a recommendation could be made. 2. A neighborhood meeting could be held for properties within a block circumference of the courthouse property. Options could be discussed at that time. A representative of the County would also be invited to be present to discuss options for their users. 3. As part of the PUD approval process,require the applicant(County)to address the issue. RECOMMENDATION: While taking action now would be preemptive, it is likely that the problem will be of a greater magnitude once construction starts. The recommendation is to prepare for either of the options described above (depending upon the Council's wishes), but wait until after construction has started, and the western parking lot is not available for close in parking,before surveying or meeting. It should be noted that the County anticipates meeting with some of the neighbors before construction starts. The City will be invited to participate in those meetings. ACTION REQUIRED: The Council should give direction as to how it wishes to address this problem. IJAO:\L-'LLU/H Mark McNeill City Administrator MM:tw CONSENT • CITY OF SHAKOPEE 11. P . Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Authorization of Engineering Personnel DATE: April 15, 1997 INTRODUCTION: Attached to this memo is a letter of resignation from Al Koester, Engineering Technician II, who has indicated he would like terminate his employment with the City of Shakopee on April 23, 1997 as he has accepted a position with the City of Andover. With this resignation, staff would like to request authorization from Council to begin advertisement and hiring of an Engineering Technician. BACKGROUND: In the 1997 City Budget, Council approved two positions in which one of them was held by Al Koester. This particular Engineering II position was authorized April, 1993 by City Council. The amount of public improvement and private development projects that are anticipated this year certainly justify the filling of this position. With the pending 1997 construction season approaching, staff would recommend authorization to advertise and hire an Engineering Technician II as soon as possible. If Council does not desire to fill a full time position at this time, staff would ask that Council authorize the Engineering Department to utilize consultants to provide inspection and other services as needed until a decision is made. ALTERNATIVES: 1. Authorize staff to advertise and hire an Engineering Technician II to fill the vacancy left by Al Koester's resignation. 2. Do not authorize staff to advertise and hire an Engineering Technician II at this time and utilize a consultant to provide engineering technician services. 3. Table for additional information. 4. Accept the resignation of Al Koester. 5. Do not accept the resignation of Al Koester. RECOMMENDATION: Staff recommends Alternative No. 1 and No. 4, as this position was budgeted in 1997 and the project work load justifies the filling of this position. ACTION REQUESTED: 1. Move to accept the resignation of employment from Al Koester effective April 24, 1997. 2. Move to authorize the appropriate City staff to utilize Scott County in advertising and hiring an Engineering Technician II. /1‘-' Bruce Loney Public Works Director BL/pmp HIRES April 4, 1997 Bruce Loney Director of Public Works City of Shakopee Dear Bruce, The following is a letter of resignation. I would like to terminate my employment with the City of Shakopee on 4/23/97 as for I accepted a position with the City of Andover. I thank the City for the past two years of employment. Working for the City and with staff has been very enjoyable. I also appreciate the relationships and knowledge I've gained while working here. Sincerely, 1-(1,4. -------- Al Koester Engineering Technician CONSENT O. CITY OF SHAKOPEE Memorandum TO: Mayor&City Council Mark McNeill, City Administrator FROM: Mike Huber,Engineering Tech. II SUBJECT: Rahr Service Line,Project No. 1994-8 DATE: April 15, 1997 INTRODUCTION: Council action is required for a resolution accepting work and making final payment on the Rahr Service Line. BACKGROUND: All of the work for this project has been completed in accordance with the contract documents. Attached is a Certificate of Completion showing the original contract amount of$80,000.00 and the actual final costs of$88,724.85 for this project. ACTION REQUESTED: Offer Resolution No. 4642, A Resolution Accepting Work on the Rahr Malting Service Line, Project No. 1994-8 and move its adoption. Aye Mike Huber Engineering Tech. II MH/pmp MEM4642 "") 1 I RESOLUTION NO. 4642 A Resolution Accepting Work On The Rahr Service Line Project No. 1994-8 WHEREAS, pursuant to a written contract signed with the City of Shakopee on April 28, 1994, S.M. Hentges & Sons, Inc., has satisfactorily completed the Rahr Service Line, in accordance with such contract. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the work completed under said contract is hereby accepted and approved;and Adopted in session of the City Council of the City of Shakopee,Minnesota,held this day of , 1997. Mayor of the City of Shakopee ATTEST: City Clerk CONSENT l CITY OF SHAKOPEE " '1. 0. 3' Memorandum TO: Mayor&City Council Mark McNeill, City Administrator FROM: Mike Huber,Engineering Tech. II SUBJECT: VIP Extension,Project No. 1992-9 and 1993-1 DATE: April 15, 1997 INTRODUCTION: Council action is required for a resolution accepting work and making final payment on the VIP Extension,Project No. 1992-9 and the Rahr Malting Forcemain,Project No. 1993-1. BACKGROUND: All of the work for this project has been completed in accordance with the contract documents. Attached is a Certificate of Completion showing the original contract amount of$441,308.00 and the actual final costs of$437,497.02 for this project. ACTION REQUESTED: Offer Resolution No. 4643, A Resolution Accepting Work on the VIP Interceptor Extension, from County Road 79 to the West Corporate Limits, Project No. 1992-9 and Rahr Malting Forcemain and Gravity Sewer, from 3rd Avenue and Webster Street to County Road 15 and the VIP Interceptor Sewer,Project No. 1993-1 and move its adoption. tick, Mike Huber Engineering Tech. II MH/pmp MEM4643 Thi V U3 RESOLUTION NO. 4643 A Resolution Accepting Work On The VIP Extension, From County Road 79 To The West Corporate Limits, Project No. 1992-9 And Rahr Malting Forcemain And Gravity Sewer, From 3rd Avenue And Webster Street To County Road 15 And The VIP Interceptor Sewer, Project No. 1994-8 WHEREAS, pursuant to a written contract signed with the City of Shakopee on September 28, 1993, S.M. Hentges & Sons, Inc., has satisfactorily completed the VIP Extension, from County Road 79 to the West Corporate Limits; and Rahr Malting Forcemain and Gravity Sewer, from 3rd Avenue and Webster Street to County Road 15 and the VIP Interceptor Sewer, in accordance with such contract. NOW, 'THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the work completed under said contract is hereby accepted and approved;and Adopted in session of the City Council of the City of Shakopee,Minnesota, held this day of , 1997. Mayor of the City of Shakopee ATTEST: City Clerk CONSENT CITY OF SHAKOPEE Memorandum ) Y. I:) �/I TO: Mayor&City Council Mark McNeill, City Administrator FROM: Ray Ruuska,Engineering Coordinator SUBJECT: 1993 Street Reconstruction Project No. 1993-7 DATE: April 15, 1997 INTRODUCTION: Council action is required for a resolution accepting work and making final payment on the 1993 Street Reconstruction,Project No. 1993-7. BACKGROUND: All of the work for this project has been completed in accordance with the contract documents. Attached is a Certificate of Completion showing the original contract amount of$1,324.060.00 and the actual final costs of$1,374,641.28 for this project. ACTION REQUESTED: Offer Resolution No. 4644, A Resolution Accepting Work on the 1993 Street Reconstruction Project No. 1993-7 and move its adoption. Ray Ruuska Engineering Coordinator RR/pmp MEM4644 liavi00 RESOLUTION NO. 4644 A Resolution Accepting Work On The 1993 Street Reconstruction Program Project No. 1993-7 WHEREAS, pursuant to a written contract signed with the City of Shakopee in July, 1993, S.M. Hentges & Sons, Inc., has satisfactorily completed the 1993 Street Reconstruction Program, in accordance with such contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the work completed under said contract is hereby accepted and approved;and Adopted in session of the City Council of the City of Shakopee,Minnesota, held this _ day of 1997. Mayor of the City of Shakopee ATTEST: City Clerk / y. o. CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Consider Accepting Appraisal Report, Dated March 26, 1997 Maras Street Improvement Project No. 1996-4 DATE: April 15, 1997 BACKGROUND: The City Council authorized an appraisal for the purpose of acquiring the easements necessary for Project No. 1996-4. This project involves the installation of a public street to serve an industrial park in east Shakopee and to provide a drainage system for the area. City Council authorized staff to proceed with condemnation of the easements, for the acquisition of the easements by adopting Resolution No. 4468. As part of the condemnation proceedings, the City Council must consider the acceptance of the appraisal that was prepared for the acquisition. Attached is Resolution No. 4645, for City Council consideration. A complete appraisal report is available for review by the Council members in the office of the City Engineer. ALTERNATIVES: 1. Adopt Resolution No. 4645, accepting appraisal report prepared by Peter J. Patchin & Associates, Inc. of five parcels of land lying within the Maras Street Improvement Project, from County State Aid Highway 18 to 13th Avenue. 2. Table this item. 3. Do not adopt Resolution No. 4645. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REOUESTED: Offer Resolution No. 4645, A Resolution Accepting Appraisal Report Prepared by Peter J. Patchin & Associates, Inc. of Five Parcels of Land Lying Within the Maras Street Improvement Project, County State Aid Highway 18 to 13th Avenue, Project No. 1996-4 and move its adoption. )YAAL.R.„._ (h;wLN.W . °) Bruce Loney Public Works Director BL/pmp MEM4645 iii, 0 , 5 RESOLUTION NO. 4645 A Resolution Accepting Appraisal Report Prepared By Peter J. Patchin & Associates, Inc. Of Five Parcels Of Land Lying Within The Maras Street Improvement Project, From County State Aid Highway 18 To 13th Avenue, Project No. 1996-4 WHEREAS, the Council authorized the preparation of an appraisal report for easement acquisition; and WHEREAS,this appraisal report has been prepared and delivered to the City by Peter J. Patchin&Associates, Inc.; and WHEREAS, the City staff has reviewed the appraisal report and has found the report to have been prepared in accordance with approved appraisal standards. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. The appraisal report prepared by Peter J. Patchin & Associates, Inc., for the City of Shakopee, and dated March 26, 1997 -Maras Street Improvement, Project No. 1996-4, has been accepted and approved by the City of Shakopee. The following amounts are the approved appraisals of value for the easements to be acquired over each of the five subject properties: Parcel A(Owner,Eugene Hansen) $24,000.00 Parcel B (Owner,Earl Zacharius) $ 5,500.00 Parcel C&D (Owner,Eugene Hansen) $92,477.00 92,47 200.00 Parcel E(Owner,Ray Cogswell) Adopted in session of the City Council of the City of Shakopee,Minnesota,held this day of , 1997. Mayor of the City of Shakopee ATTEST: City Clerk ASI.\/�\�\i■ O. 611111: CITY OF SHAKOPEE Memorandum TO: Mayor&City Council Mark McNeill, City Administrator FROM: Bruce Loney, City Engineer SUBJECT: Approve Plans and Specifications and Order Advertising for Bids for Maras Street Improvement,Project No. 1996-4 DATE: April 15, 1997 INTRODUCTION: On July 16, 1996, City Council approved Resolution No. 4468, a resolution ordering the preparation of plans and specifications for Maras Street from 13th Avenue to County Road 18, Project No. 1996-4. The plans and specifications for these improvements have been completed and are ready to be sent out for bids. Attached is Resolution No. 4652, approving the plans and specifications and ordering the advertising for bids for Project No. 1996-4. BACKGROUND: The purpose of this item is to accept the plans and specifications and to order the advertisement for bids. The Maras Street Improvement Project is to improve an existing private street known as Maras Street and build a connecting road from Maras Street to County Road 18 with a storm drainage system and a paved road to meet City standards. With this project a public street will be constructed from 13th Avenue to County Road 18 that will have concrete curb and gutter and bituminous pavement along with a storm sewer system to properly drain this area. Along with this street improvement project,the City will be constructing a regional pond in order to meet the storm water management plan for the Eagle Creek watershed area. Plans and specifications have been completed and are ready to send out for bids. With this project the City needs to obtain easements in order to construct improvements as well as obtain an agreement with the City of Savage for a storm sewer connection. The necessary easements have been identified and condemnation proceedings have been authorized. It is anticipated that the easements will be obtained by the end of June. An agreement with the City of Savage for a storm sewer connection between the City has been prepared and is on the Council agenda for approval. Staff is requesting plan approval at this time in order to obtain early construction bids which usually result in a lower bid for the project. Staff will make a presentation of plans at the meeting. A summary of the design highlights are as follows: * Public street from 13th Avenue to County Road 18 to eliminate over-length cul-de-sac for better emergency response. * Storm sewer&ponding system to serve ultimate development of area. * Storm drainage outlets for better drainage. * Elimination of gravel road with bituminous pavements. * Wetland Area credits created. The regional pond being constructed was estimated to cost approximately$130,000 in the feasibility report. The final design has a total excavation and right-of-way acquisition costs in the amount of$240,000. This cost increase is due to more excavation of material to create the necessary storage. The extra right-of-way acquisition cost is due to rising land values in the area. These costs are storm drainage trunk costs that will be reimbursed to the City with future development. The regional pond should be constructed in its entirety due to the following reasons: * Wetland area credits are created. * Completes ponding requirements for existing industrial park and meets the Eagle Creek Watershed Plan storage requirements. * Provides material to construct east-west street connection. * Will complete the restoration of area. ALTERNATIVES: ations and 1. Move to approve Resolution f No.bids4652,for the Maras Sg t eeetInaprovement frlans and oom 13th Avenue ordering the advertisement o to County Road 18,Project No. 1996-4. 2. Table this item. 3. Do not approve the plans and specifications. RECOMMENDATION: Staff recommends Alternative#1. ACTION REQUEST Offer Resolution No. 4652,A Resoluti n eppTO ovement fromS 3th Avenue to CoOunty Road 18, Advertisement for Bids forED: the Maras S Project No. 1996-4, and move its adoption. Bruce Loney,Public ks Director BL\tiv-Tami\Engmeer\Maras RESOLUTION NO. 4652 A RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENTTO COUNTY ROAD 18,PROJECT MARAS � E ET, FROM 13TH AVENUE O. 1996-4 WHEREAS,pursuant to Resolution No. 4468, adopted by City Council on July 16, 1996,Bruce Loney, Public Works Director has prepared plans and specifications for Maras Street Improvements from 13th Avenue to County Road 18 and has presented such plans and specifications to the Council for approval. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. Such plans and specifications, a copy of which is on file and of record in the Office of the City Engineer, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The Advertisement for Bids shall be published as required by law. Adopted in session of the City Council of the City of Shakopee, Minnesota held this day of , 1997. Mayor of the City of Shakopee ATTEST: City Clerk h:\tami\engineer\marasres y o• i. CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Shakopee/Savage Joint Powers Agreement for Eagle Creek Watershed DATE: April 15, 1997 INTRODUCTION: Attached from the City of Savage is a Joint Powers Agreement to be considered between the City of Savage and City of Shakopee for storm water facility connections in Savage within the Eagle Creek Watershed. This agreement was drafted by the City of Savage for consideration between the two cities with staff input. BACKGROUND: The cities of Shakopee and Savage have been addressing the drainage and flow rates between the two cities within the Eagle Creek Watershed since 1992 with the development of Covington Ponds in Savage. From these discussions, a storm water management plan for the Eagle Creek Watershed was prepared by Orr-Schelen-Mayeron&Associates as authorized by the City of Shakopee. In this study the attached Alternative#3 was a recommended implementation between the cities. On Alternative Map #3 the City of Shakopee has two areas labeled Sub-Watershed#7 and#8 that flow into the City of Savage and previously into the Eagle Creek. Per the adopted AUAR mitigation plan, storm water cannot be discharged directly into Eagle Creek and must be re-directed to the Minnesota River and the City of Savage has implemented this plan to accomplish that. The City of Shakopee and Savage have executed a Joint Powers Agreement for sub-watershed#8 which was approved by City Council on February 20, 1996. The attached Joint Powers Agreement is for Sub-watershed Area#7 which is the drainage area that is flowing through the Maras Street Improvement Project. The City of Shakopee has ordered an improvement project for the Maras Street area which includes a regional pond to manage the storm water into the City of Savage. The City of Savage has installed storm water facilities to handle the storm drainage from the City of Shakopee and divert it away from Eagle Creek as required by the AUAR mitigation plan. Staff has worked out an agreement with the City of Savage to provide wetland area credits to be used as part of the Maras Street regional pond to be used in the City of Savage for wetland mitigation. The total area of wetland being created with the Maras Street regional pond is estimated to be around 2.5 acres. Typically, wetland area can be sold in a range of$12,000 to $20,000 with a medium range of$16,000 per acre is used at 2.5 acres this amount of wetland would be worth approximately $40,000. City staff has estimated that they Shakopee cost share for connecting to the storm sewer in the City of Savage would be approximately$40,000. In the Joint Powers Agreement the agreement has been structured to provide the City of Savage with the wetland area credits being developed with the Maras Street regional pond as payment for connection to storm water facilities in Savage. If these wetland credits are not developed or not available to the City of Savage, the City of Shakopee would then pay a $40,000 payment. Currently the City of Savage is working on a wetland mitigation plan for it's industrial park west of Highway 13 and would need wetland credits to accomplish this. Staff has been working on an agreement with the City of Savage for storm water facility connection for over 2 years. The initial costs requested by the City of Savage for connection was $81,300. ALTERNATIVES: 1. Authorize the appropriate city officials to execute the Joint Powers Agreement with the City of Savage as submitted pending City Attorney review and approval. 2. Authorize the appropriate city officials to execute the Joint Powers Agreement with the City of Savage as modified by Council pending City Attorney review and approval. 3. Table for more information. 4. Do not enter into this agreement. RECOMMENDED ACTION: Staff recommends Alternative#1. This Joint Powers Agreement resolves the dispute between the cities for storm water management and is an acceptable resolution of payment between the two cities. ACTION REQUESTED: Authorize the appropriate city officials to execute the Joint Powers Agreement between the City of Shakopee and the City of Savage for storm sewer construction within the Eagle Creek Watershed pending City Attorney approval. ifruce Loney, Public rks Director h:\tami\engineer\watershd Sent by: CITY OF SAVAGE 6128822656; 04/10/97 12:37; ietrax #134;Page 2/4 6. Revised 4/10/97 Revised 4/12/95 Revised 3/15/95 JOINT POWERS AGREEMENT BETWEEN THE CITY OF SHAKOPEE AND THE CITY OF SAVAGE FOR STORM SEWER City Project 94-05 Covington Ponds Third Addition THIS AGREEMENT is entered into between the City of Shakopee,a Minnesota municipal corporation, hereinafter called "Shakopee" and the City of Savage, a Minnesota municipal corporation, hereinafter called "Savage", as a Joint Powers Agreement under the authority of Minnesota Statute 47139. WHEREAS,Savage and Shakopee have prepared comprehensive plans which include storm sewer plans that provide for a portion of Shakopee to drain towards Savage; and WHEREAS, Savage has held public hearings for Project 94-05, has awarded a contract tier this project,and has completed the construction of this project;and WHEREAS, said project included provisions for upgrading the storm sewer facilities in Savage to include the runoff from a portion of the area in Shakopee draining towards Savage;and WHEREAS.both Shakopee and Savage desire to enter into an agreement that provides cost sharing for the improvement of the storm sewer facilities constructed by Savage,said cost sharing to be based on a specified plan for the Eagle Creek Watershed flow as determined by the Storm Water Management Plan completed by OSM dated June 24, 1994; and WHEREAS,Savage has previously completed the construction of storm drainage facilities, under City Project 91-18,to accommodate storm water flow from future development in Section 18 in Savage to Zinran Ave. outlet to Eagle Creek; and WHEREAS,the City of Savage will no longer be able to discharge stormwater runoff into Eagle Creek due to the mitigation plan adopted as part of the AUAR and will now need to route the Zinran Avenue outlet directly to the Minnesota River(via Mn/DOT detention ponds). NOW,THEREFORE,Shakopee and Savage agree as follows: 1. Recommended improvement Alternative No. 3 will be the alternative utilized to accommodate storm water runoff out of the Eagle Creek Watershed. 2. That during the peak discharge rate out of the Eagle Creek Watershed in the 100-year 24-hour storm event,Shakopee contributes 26%to the peak flow and Savage contributes 74%to the peak flow. 3. That Shakopee will pay 0%of the costs to upgrade the storm water outlet system from Zinran Avenue to the Minnesota River. Sent by: CITY OF SAVAGE 6128822656; 04/10/97 12:38; jewax #134;Page 3/4 JOINT POWERS AGREEMENT Page 2 of 3 SHAKOPEE/SAVAGE-STORM SEWER PROJECT 94-05,Covington Ponds 3rd Addition 4. That Savage would construct the NURP pond as shown on Exhibit A at no cost to Shakopee. 5. That the cost to Shakopee for connection to the 126th Street storm sewer system in Savage is$40,000. 6. That Shakopee is creating a wetland 2-3 acres in size as a part of their Maras Street Improvement Project, and the estimated value of this wetland creation is between $15,000 and S20,000 per acre,with a total estimated value of$30,000 to$60,000. 7. That Shakopee will give Savage the wetland credits created by the Shakopee Maras Street Improvement Project in lieu of$40,000 for the 126th Street storm sewer connection. 8. That in the event that some unforeseen circumstance does not allow the exchange of these wetland credits to Savage from Shakopee, Shakopee shall pay to Savage$40,000 in exchange for the 126th Street storm sewer connection, in ten(10) equal installments with simple interest commencing the 1st of the month following the date of signing of this Joint Powers Agreement. The interest rate shall be the rate that Savage pays for its general obligation bonds in the year that this agreement is finalized. For the purposes of this agreement,the interest rate is assumed to be 8%. Said rate will be adjusted when the actual rates are known. 9. Shakopee will limit flows from said undeveloped lands to the existing pre- developmental rates by constructing on-site storage and retention as development occurs. Said on- site storage facilities in Shakopee will be owned and operated by Shakopee. All improvements and piping in Savage will be owned and operated by Savage. Shakopee and Savage do not intend to acquire any jointly owned personal property or real estate under the provisions of this agreement in its present form. 10. Savage shall provide routine maintenance of the storm sewer facilities covered by this agreement. 11. Savage agrees to indemnify and hold harmless Shakopee from any and all claims, actions or causes of action for damage to persons or property, including legal or other expenses in any way, arising out of the negligence of Savage in the operation and maintenance of the project described herein. 12. Either city can terminate this agreement upon a one(1)year written notice to the other city,on the condition that Savage receives full payment of all amounts owed under the terms of this agreement by the effective date of the termination. Sent by: CITY OF SAVAGE 6128822656; 04/10/97 12:39; jewax #134;Page 4/4 JOINT POWERS AGREEMENT Page 3 of 3 SHAKOPEE/SAVAGE-STORM SEWER PROJECT 94-05,Covington Ponds 3rd Addition IN WITNESS WHEREOF,the parties have set their hands this day of , 1997. CITY OF SAVAGE: CITY OF SHAKOPEE: By: By: Its Mayor Its Mayor By: By: Its City Administrator Its Manager for Administration By: Its City Clerk ,rss C:\WPDOCSVIISCVNTAGMT.M15 Sent by: CITY OF SAVAGE 6128822656; 04/10/97 11 :13; jetrax #128;Page 5/5 ,..,...,,. ..,....,..,.____ .......',.. • A 4 t ith AYR 6" _ ,-.... -1.---_, STORAGE 1, 41910k CHANNEL 0 . — I NI f',--7----:----- 18 ,,, h < ,, 7 30" RCP ,::.; 173/h 51 4.- 4' 6 001 i I NG SPR I 1,16S ,<, '1 4 r.4,14,0 8 , .. TWO STAGE OUTLET '44-, A /44Ir OISCOPROE TO DISCINVIOL TO un.r., int ROM trivia 8 ;;I/orT . SO Year IT en so veer 14 aeS io Veer 4 MS 1.On IS alli SI off . 1, SPRINGS 4'0 1 6 ,_ SHAKOPEE , I H 1990 POP 11 , 739 y t), r., ..., (::: 41 ,'',"•,:,1-7 r c4 ...,, OD 12 SAVAGE .... 1 1 9 9 0 POP . 9: 0 6 J." PI cr--"° 0 I 134th ST 111-COLL DM ..... _ -__ ‘,0 ....„ 4 . , , .... DR 14 LEGEND /4,4 ' I' - SUMKTERS.E0 BOUNDARY / 2 e:.• 44 ." 12 SUBUTERSNED !DENT IF I CAT I ON ., 4 ® 0 PONDS , ,•., \\\ ",..\\. ..- ,ss\\' •\, COMM TE ISORNOARY it 2 3.3 r /... r V r, ..........e. OINECTION OF FLON P C REQUIRED STORAGE PEAK 01501/11102 I.D. 0 i01-fi/ 1 4 / 0.5 7.7 4• 3.5 22.7 10/53RIC EQUALIZES w(IN2 a 3 T3T.0 EQUALIZES CM I IS 3 737.0 / 5 5.2 9 4 737'.0 EQUALIZES VIM 4 734.3 4 10 740.0 731.2 / K 11 6•2 4 955.5 12 37.7 15 737.7 Sat a ,ur 13 t 15 1.0 24 727.5 II ill./ 5 12.4 27 35 733.0 723.5 20 2.4 55 721.0 21 2.0 54 714.1 MX reloden EAGLE CMS riliggil....WMEL.icf•w"..,.."'", AgotiVC,tn. F MUNE 4 RATERSIW.D STUDY ---prennwilism-- ... MI 1• "4:006";:r:HT?"1::=" AL RANO I VE 3 am.r.ler am 114,4•4p4a14 WU 44•APS MAW - — ..,-- *Sent by: CITY OF SAVAGE 6128822656; 04/15/97 14:10; ,Jetrac #278;Page 2/4 Revised 4115/97 Revised 4112/95 Revised 3/15/95 JOINT POWERS AGREEMENT /41 Q. I BETWEEN THE CITY OF SHAKOPEE AND THE CITY OF SAVAGE FOR STORM SEWER City Project 94-05 Covington Ponds Third Addition THIS AGREEMENT is entered into between the City of Shakopee,a Minnesota municipal corporation, hereinafter called "Shakopee" and the City of Savage, a Minnesota municipal corporation, hereinafter called "Savage", as a Joint Powers Agreement under the authority of Minnesota Statute 471.59. WHEREAS,Savage and Shakopee have prepared comprehensive plans which include storm sewer plans that provide for a portion of Shakopee to drain towards Savage; and WHEREAS, Savage has held public hearings for Project 94-05,has awarded a contract for this project,and has completed the construction of this project; and WHEREAS, said project included provisions for upgrading the storm sewer facilities in Savage to include the runoff from a portion of the area in Shakopee draining towards Savage; and WHEREAS,both Shakopee and Savage desire to enter into an agreement that provides cost sharing for the improvement of the storm sewer facilities constructed by Savage,said cost sharing to be based on a specified plan for the Eagle Creek Watershed flow as determined by the Storm Water Management Plan completed by OSM dated June 24, 1994; and WHEREAS, Savage has previously completed the construction of storm drainage facilities, under City Project 91-18,to accommodate storm water flow from future development in Section 18 in Savage to Zinran Ave.outlet to Eagle Creek; and WHEREAS,the City of Savage will no longer be able to discharge stormwatcr runoff into Eagle Creek due to the mitigation plan adopted as part of the AUAR and will now need to route the Zinran Avenue outlet directly to the Minnesota River(via Mn/DOT detention ponds). NOW,THEREFORE,Shakopee and Savage agree as follows: 1. Recommended Improvement Alternative No. 3 will be the alternative utilized to accommodate storm water runoff out of the Eagle Creek Watershed. 2. That during the peak discharge rate out of the Eagle Creek Watershed in the 100-year 24-hour storm event,Shakopee contributes 26%to the peak flow and Savage contributes 74%to the peak flow. 3. That Shakopee will pay 0% of the costs to upgrade the storm water outlet system from Zinran Avenue to the Minnesota River. Sent by: CITY OF SAVAGE 6128822656; 04/15/97 14:11 ; jeffax #278;Page 3/4 w JOINT POWERS AGREEMENT Page 2 of 3 SHAKOPEE/SAVAGE -STORM SEWER PROJECT 94-05,Covington Ponds 3rd Addition 4. That Savage will construct the NURP pond as shown on Exhibit A at no cost to Shakopee. 5. That the cost to Shakopee for connection to the 126th Street storm sewer system in Savage is$40,000. 6. That Shakopee is creating a wetland 2-3 acres in size as a part of their Maras Street Improvement Project, and the estimated value of this wetland creation is between $15,000 and $20,000 per acre,with a total estimated value of$30,000 to$60,000. 7. That Shakopee will allow Savage to use the wetland credits created by the Shakopee Maras Street Improvement Project in lieu of$40,000 for the 126th Street storm sewer connection. 8. That in the event that circumstances do not allow the exchange of these wetland credits to Savage from Shakopee, Shakopee shall pay to Savage$40,000 in exchange for the 126th Street storm sewer connection, in one lump sum payment or in ten (10) equal installments with simple interest commencing the 1st of the month following the date of signing of this Joint Powers Agreement. The interest rate shall be the rate that Savage pays for its general obligation bonds in the year that this agreement is finalized. For the purposes of this agreement, the interest rate is assumed to be 8%. Said rate will be adjusted when the actual rates are known. 9. Shakopee will limit flows from said undeveloped lands to the existing pre- developmental rates by constructing on-site storage and retention as development occurs. Said on- site storage facilities in Shakopee will be owned and operated by Shakopee. All improvements and piping in Savage will be owned and operated by Savage. Shakopee and Savage do not intend to acquire any jointly owned personal property or real estate wider the provisions of this agreement in its present form. 10. Savage shall provide routine maintenance of the stone sewer facilities covered by this agreement. 11. Savage agrees to indemnify and hold harmless Shakopee from any and all claims, actions or causes of action for damage to persons or property, including legal or other expenses in any way, arising out of the negligence of Savage in the operation and maintenance of the project described herein. 12. Either city can terminate this agreement upon a one(1)year written notice to the other city,on the condition that Savage receives full payment of all amounts owed under the terms of this agreement by the effective date of the termination. Sent by: CITY OF SAVAGE 6128822656; 04/15/97 14:12; ,Jewax #278;Page 4/4 r JOINT POWERS AGREEMENT Page 3 of 3 SHAKOPEE/SAVAGE-STORM SEWER PROJECT 94-05,Covington Ponds 3rd Addition IN WITNESS WHEREOF,the parties have set their hands this day of , 1997. CITY OF SAVAGE: CITY OF SHAKOPEE: By: By: Its Mayor Its Mayor By: By: Its City Administrator Its City Administrator By: Its City Clerk JSS C:\WPOOCS\MISCWNTAGMT.M15 CITY OF SHAKOPEE / 0 F. Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Hiring of Public Works Maintenance Worker DATE: April 15, 1997 INTRODUCTION: Interviews have been held with candidates for the Public Works Maintenance Worker position which was authorized by Council at the January 21, 1997 meeting. At this time, I am recommending that the City Council authorize the hiring of Dean Bisek to fill this position. BACKGROUND: Due to the promotion of Michael Hullander, from Maintenance Worker to Public Works Supervisor, the Council authorized staff to advertise for a Public Works Maintenance Worker to replace the position that became vacant. Staff utilized the Scott County Personnel Department to advertise for this position. On April 7, 1997, eight candidates were interviewed by an interview panel consisting of the City Administrator, Public Works Director and the Public Works Supervisor. After reviewing the results of the interviews, the recommendation is to hire Dean Bisek. His anticipated starting date would be April 21, 1997 contingent upon a successful pre- employment physical. Budget Impact The advertised salary range for the Public Works Maintenance Worker position was at Step 1 of the 1996 salary and benefit schedule in the labor agreement between the City and Public Works Union. This position is a non-exempt position which allows the employee overtime pay. The starting salary is $12.78 per hour. RECOMMENDATION: It is recommended that the City Council authorize the hiring of Dean Bisek for the Public Works Maintenance Worker position. ACTION REQUESTED: Move to authorize the hiring of Dean Bisek as Public Works Maintenance Worker, and to be hired a Step 1 of the 1996 Pay Plan, with an effective date of April 21, 1997 contingent upon a successful pre-employment physical. AAAA,te Bruce Loney Public Works Dire or BL/pmp HIRING CONSENT / 1/i 6, 1. MEMORANDUM TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Applications for Tattoo License DATE: April 3, 1997 INTRODUCTION AND BACKGROUND: The City has received an application from Scot James Neverdahl and from Michael Alfred Malone for tattoo licenses. Mr. Neverdahl and Mr. Malone desire to work for Linda Kurian, Body Art, 205 South Lewis Street. Ms. Kurian is licensed to perform tattoos. She is in the process of having Mr. Neverdahl added to her insurance policy thereby extending coverage to Mr. Neverdahl, which is a city requirement. Mr. Malone has provide proof of insurance although it does need to be extended to the end of the year because it expires on September 7, 1997. Both Mr. Neverdahl and Mr. Malone have been investigated by the police department and they have found nothing that would preclude issuing them each a license. RECOMMENDED ACTION: Approve the issuance of a tattoo license to Scot James Neverdahl and Michael Alfred Malone at Body Art, 205 South Lewis St. , conditioned upon proof of the required insurance. •it. Clerk h\judy\licenses\tattooap M1321400 CONSEN 1:4 / /5: MEMO TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk RE: Apportionment of Special Assessments for Orchard Park Third Addition DATE: April 3, 1997 INTRODUCTION AND BACKGROUND: As a result of the recent platting of Orchard Park Third Addition, it is appropriate that the existing special assessments for the construction of public improvements be apportioned against the new parcels at this time. The developer did agree to this apportionment through the execution of a developers agreement for Orchard Park Third Addition. RECOMMENDED ACTION: Offer Resolution No. 4641, A Resolution Apportioning Assessments Among New Parcels Created As A Result Of The Platting Of Orchard Park Third Addition, and move its adoption. q>6 .0 y Cler TI/13c.4 RESOLUTION NO. 4641 A RESOLUTION APPORTIONING ASSESSMENTS AMONG NEW PARCELS CREATED AS A RESULT OF THE PLATTING OF ORCHARD PARK THIRD ADDITION WHEREAS, on June 6, 1995, Resolution No. 4223 adopted by the City Council levied assessments against properties benefited by construction of the V.I.P. Interceptor Extension from County Road 79 to the west corporate limits, Project No. 1992-9; and WHEREAS, on November 21, 1995, Resolution No. 4348 adopted by the City Council apportioned the installments remaining unpaid against the parcels created because of the platting of Orchard Park First Addition; and WHEREAS, on July 16th, 1996, Resolution No. 4470 adopted by the City Council apportioned the installments remainingunpaid against the parcels created because of the platting of Orchard Park Second Addition; and WHEREAS, Outlot A, Orchard Park Second Addition has been subdivided into the plat of Orchard Park Third Addition; and WHEREAS, it is the desire of the City Council to apportion the installments remaining unpaid against Outlot A, Orchard Park Second Addition because of the platting of Orchard Park Third Addition; and WHEREAS, the property owners have agreed to the apportionment through the execution of a developers agreement for Orchard Park Third Addition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the 1997 payable remaining balance of assessments to parcel 27-210023-0 is $5,000.84 for the 1992-9 V.I.P. Interceptor Extension from County Road 79 to the west corporate limits and is hereby apportioned as outlined in Exhibit "A" attached hereto and made a part hereof. BE IT FURTHER RESOLVED, that all other parts of Resolution Nos. 4223, 4348, and 4470 shall continue in effect. Adopted in adj . reg. session of the City Council of the City of Shakopee, Minnesota, held this 15th day of April, 1997. Mayor , City Clerk hjudY\apporch3 EXHIBIT A ORCHARD PARK 3RD ADDITION REAPPORTIONMENTS P.I.D. NO. PROPERTY OWNER LEGAL 1992-9 V.I.P. DESCRIPTION ASSESSMENT 27-220001-0 LAURENT BUILDERS LOT 1 BLOCK 1 $166.73 128 FULLER ST. S. ORCHARD PARK SHAKOPEE, MN. 55379 3RD ADDITION 27-220002-0 LAURENT BUILDERS LOT 2 BLOCK 1 $166.69 128 FULLER ST. S. ORCHARD PARK SHAKOPEE, MN. 55379 3RD ADDITION 27-220003-0 LAURENT BUILDERS LOT 3 BLOCK 1 $166.69 128 FULLER ST. S. ORCHARD PARK SHAKOPEE, MN. 55379 3RD ADDITION 27-220004-0 LAURENT BUILDERS LOT 4 BLOCK 1 $166.69 128 FULLER ST. S. ORCHARD PARK SHAKOPEE, MN. 55379 3RD ADDITION 27-220005-0 LAURENT BUILDERS LOT 5 BLOCK 1 $166.69 128 FULLER ST. S. ORCHARD PARK SHAKOPEE, MN. 55379 3RD ADDITION 27-220006-0 LAURENT BUILDERS LOT 6 BLOCK 1 $166.69 128 FULLER ST. S. ORCHARD PARK SHAKOPEE, MN. 55379 3RD ADDITION 27-220007-0 LAURENT BUILDERS LOT 1 BLOCK 2 $166.69 128 FULLER ST. S. ORCHARD PARK SHAKOPEE, MN. 55379 3RD ADDITION 27-220008-0 LAURENT BUILDERS LOT 2 BLOCK 2 $166.69 128 FULLER ST. S. ORCHARD PARK SHAKOPEE, MN. 55379 3RD ADDITION 27-220009-0 LAURENT BUILDERS LOT 3 BLOCK 2 $166.69 128 FULLER ST. S. ORCHARD PARK SHAKOPEE, MN. 55379 3RD ADDITION 27-220010-0 LAURENT BUILDERS LOT 4 BLOCK 2 $166.69 128 FULLER ST. S. ORCHARD PARK SHAKOPEE, MN. 55379 3RD ADDITION 27-220011-0 LAURENT BUILDERS LOT 5 BLOCK 2 $166.69 128 FULLER ST. S. ORCHARD PARK SHAKOPEE, MN. 55379 3RD ADDITION 27-220012-0 LAURENT BUILDERS LOT 6 BLOCK 2 $166.69 128 FULLER ST. S. ORCHARD PARK SHAKOPEE, MN. 55379 3RD ADDITION EXHIBIT A ORCHARD PARK 3RD ADDITION REAPPORTIONMENTS P.I.D. NO. PROPERTY OWNER LEGAL 1992-9 V.I.P. DESCRIPTION ASSESSMENT 27-220013-0 LAURENT BUILDERS LOT 7 BLOCK 2 $166.69 128 FULLER ST. S. ORCHARD PARK SHAKOPEE, MN. 55379 3RD ADDITION 27-220014-0 LAURENT BUILDERS LOT 8 BLOCK 2 $166.69 128 FULLER ST. S. ORCHARD PARK SHAKOPEE, MN. 55379 3RD ADDITION 27-220015-0 LAURENT BUILDERS LOT 9 BLOCK 2 $166.69 128 FULLER ST. S. ORCHARD PARK SHAKOPEE, MN. 55379 3RD ADDITION 27-220016-0 LAURENT BUILDERS LOT 10 BLOCK 2 $166.69 128 FULLER ST. S. ORCHARD PARK SHAKOPEE, MN. 55379 3RD ADDITION 27-220017-0 LAURENT BUILDERS LOT 11 BLOCK 2 $166.69 128 FULLER ST. S. ORCHARD PARK SHAKOPEE, MN. 55379 3RD ADDITION 27-220018-0 LAURENT BUILDERS LOT 1 BLOCK 3 $166.69 128 FULLER ST. S. ORCHARD PARK SHAKOPEE, MN. 55379 2ND ADDITION 27-220019-0 LAURENT BUILDERS LOT 2 BLOCK 3 $166.69 128 FULLER ST. S. ORCHARD PARK SHAKOPEE, MN. 55379 2ND ADDITION 27-220020-0 LAURENT BUILDERS LOT 3 BLOCK 3 $166.69 128 FULLER ST. S. ORCHARD PARK SHAKOPEE, MN. 55379 2ND ADDITION 27-220021-0 LAURENT BUILDERS LOT 4 BLOCK 3 $166.69 128 FULLER ST. S. ORCHARD PARK SHAKOPEE, MN. 55379 3RD ADDITION 27-220022-0 LAURENT BUILDERS LOT 5 BLOCK 3 $166.69 128 FULLER ST. S. ORCHARD PARK SHAKOPEE, MN. 55379 3RD ADDITION 27-220023-0 LAURENT BUILDERS LOT 6 BLOCK 3 $166.69 128 FULLER ST. S. ORCHARD PARK SHAKOPEE, MN. 55379 3RD ADDITION 27-220024-0 LAURENT BUILDERS LOT 7 BLOCK 3 $166.69 128 FULLER ST. S. ORCHARD PARK SHAKOPEE, MN. 55379 3RD ADDITION EXHIBIT A ORCHARD PARK 3RD ADDITION REAPPORTIONMENTS P.I.D. NO. PROPERTY OWNER LEGAL 1992-9 V.I.P. DESCRIPTION ASSESSMENT 27-220025-0 LAURENT BUILDERS LOT 8 BLOCK 3 $166.69 128 FULLER ST. S. ORCHARD PARK SHAKOPEE, MN. 55379 3RD ADDITION 27-220026-0 LAURENT BUILDERS LOT 9 BLOCK 3 $166.69 128 FULLER ST. S. ORCHARD PARK SHAKOPEE, MN. 55379 3RD ADDITION 27-220027-0 LAURENT BUILDERS LOT 10 BLOCK 3 $166.69 128 FULLER ST. S. ORCHARD PARK SHAKOPEE, MN. 55379 3RD ADDITION 27-220028-0 LAURENT BUILDERS LOT 11 BLOCK 3 $166.69 128 FULLER ST. S. ORCHARD PARK SHAKOPEE, MN. 55379 3RD ADDITION 27-220029-0 LAURENT BUILDERS LOT 12 BLOCK 3 $166.69 128 FULLER ST. S. ORCHARD PARK SHAKOPEE, MN. 55379 3RD ADDITION 27-220030-0 LAURENT BUILDERS LOT 13 BLOCK 3 $166.69 128 FULLER ST. S. ORCHARD PARK SHAKOPEE, MN. 55379 3RD ADDITION $5,000.84 CONSENT CITY OF SHAKOPEE /y, E. 3 Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: Surplus Property DATE : April 9, 1997 Introduction Council action is needed to declare property surplus in order to be sold. Background The city has acquired a new squad and a new administrative car for the Police Department . Two cars have been cycled down from the Police Department for other uses and therefore two older cars are proposed for sale in the Hennepin County auction this fall . There are also some left over parts from old military vehicles at Public Works that are not needed. Action Requested Move to declare the 1987 Chevrolet Nova number 1Y1SK5141HZ103626, the 1990 Ford Crown Victoria number 2FACP72GOLX151766 and a group of old military vehicle parts surplus property. ./g‘V Gregg Voxland Finance Director is\finance\docs\gregg\97auct / y. s. y CITY OF SHAKOPEE Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: Civic Center Special Assessments DATE: April 2, 1997 Introduction The Civic Center property has current and pending special assessments against it . The question is does Council want to treat these specials differently that other assessments against city property. Background As part of a previous budget discussion, Council decided to pay off assessments on city property on an annual basis with tax statements versus prepaying the assessment . It was also decided to make the payments out of the General Fund. With the Civic Center property, I believe a rational can be made that these assessments are related to the acquisition and construction of the Center and therefore could be paid with funds still in the capital projects fund for construction. These monies are tax increment funds with the result that TIF money is used to pay the assessments instead of General Fund monies . The assessments are for the VIP sewer extension ($12, 880 . 35 remaining balance after 1997 tax statement) and pending assessment for Fuller St project ($205, 692 . 09) . The preliminary 1/1/97 balance in the construction fund is $106, 000 . Recommendation Use TIF to pay off the VIP assessment and partially pay the Fuller St assessment . Action Move to pay off the currently existing and pending special assessments against the Civic Center parcel using the available balance in the Civic Center construction fund. Gregg Voxland Finance Director is\finance\docs\gregg\civic2 CONSENT CITE OF SHAKOPEE Memorandum ly. E. TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Michael Leek Probationary Period DATE: April 9, 1997 INTRODUCTION: The Council is asked to acknowledge the successful completion of Michael Leek's probationary period, and extend to him full time regular employee status. BACKGROUND: Mr. Leek was hired as Planner II for the City of Shakopee on June 10th. Following the departure of Paul Bilotta,he was appointed as Acting Community Development Director on August 21st. Following an interview process,he was permanently appointed as Community Development Director on October 16th. During the time that he has been Community Development Director, Michael has demonstrated good analytical and management skills. He has assumed the additional supervisory responsibilities of the Building Inspection Division, and has overseen the hire of two planners, with a third one currently being advertised. I have been very pleased with his performance. RECOMMENDATION: I recommend that the Council concur with my recommendation that he has successfully completed his probationary period, and further recommend that he be granted full time regular status. ACTION REQUIRED: If the Council concurs, it should,by motion,remove Michael Leek from probationary status, and grant him full time regular employee status. ''14( Mark McNeill City Administrator MM:tw � �1{ejn 14/ 6. 6 . CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: FDA Preemptive Waiver Relating to Tobacco Regulations DATE: April 11, 1997 INTRODUCTION AND BACKGROUND: The FDA has adopted regulations on tobacco which have the effect of preempting local ordinances that regulate in a different manner those items regulated by the FDA regulations. The City has received information from the League of Minnesota Cities for applying for FDA tobacco regulations preemption waiver. The FDA recognizes that enforcement of local ordinances is one of the most effective means of reducing underage access to tobacco and thus a waiver process has been developed to re-authorize otherwise preempted ordinances. An application must be received in the League's office no later than May 1, 1997 if the City desires to participate in a coordinated application process through the League The application should be accompanied by a resolution authorizing participation. There are two regulations within the city code that are preempted by the FDA regulations. The FDA regulations are more restrictive than the city code. Staff is seeking direction from City Council on whether or not they desire to apply for a preemption waiver to be able to keep the City's current tobacco regulations. The FDA regulations prohibit vending machines and self-service displays (sales) except in locations where persons under the age of eighteen (18) years are, at all times, prohibited from entering the premises. The city code prohibits sales from a vending machine, except in an area within a factory, business, office, or other place not open to the general public, or to which persons under 18 years of age are not generally permitted access. The city code prohibits offering or sales from an open display to which the public has access without the intervention of an employee except cigarette cartons may be sold from a display rack equipped with clear shields, when the removal of each carton FDA Preemptive Waiver Relating to Tobacco Regulations April 11, 1997 Page -2- triggers an alarm or chime which is clearly audible to a clerk. The display rack must be in plain view of a clerk. If the City wishes to make application for a preemption waiver for these two regulations, the City will need to develop the strongest argument it can in favor of their regulations because they are not as restrictive as the FDA's. See draft attached as "Exhibit A and B" . ALTERNATIVES: 1. Adopt resolution (attached) authorizing application for preemption waiver and identify any additional supporting arguments to be added to the application 2. Do nothing which would necessitate changing the city code to be consistent with the FDA regulations 3. Delay applying for preemption waiver at this time and obtain input from licensees as well as the Minnesota River Valley Tobacco Control Coalition RECOMMENDATION: Discuss whether or not apply for a preemption waiver from the FDA tobacco regulations and direct staff to proceed with one of the above alternatives. ; 1401tel, Juh S. Cox, C ty Clerk h:\judy\FDA-CIGA RESOLUTION NO. 4654 A RESOLUTION AUTHORIZING SUBMISSION OF AN APPLICATION FOR EXEMPTION FROM PREEMPTION OF THE CITY'S TOBACCO REGULATIONS WHEREAS, the City of Shakopee, Minnesota, has adopted an ordinance regulating the sale, purchase and use of tobacco products; and WHEREAS, the Federal Drug Administration has adopted regulations governing the sale, purchase and use of tobacco products which are more restrictive than those adopted by the City of Shakopee; and WHEREAS, the FDA regulations preempt portions of the City's regulations; and WHEREAS, the City desires to have its regulations apply in all respects and thus to apply for exemption from preemption of the City's regulations by FDA regulations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that appropriate City officials are hereby directed and authorized to make application, in conjunction with the League of Minnesota Cities' coordinated application process, for an exemption from preemption of the City's tobacco regulations by the FDA tobacco regulations. Adopted in adjourned regular session of the City Council of the City of Shakopee, Minnesota, held this 15th day of April, 1997. Mayor ATTEST: City Clerk 145 University Avenue West, St. Paul, MN 55103-2044 League of Minnesota Cities Phone: (612) 281-1200 • (800) 925-1122 Cities promoting excellence Fax: (612) 281-1299 • TDD (612) 281-1290 April 2, 1997 To: Cities with"High-Risk"Tobacco Ordinances From: League of Minnesota Cities Re: FDA Preemption Waiver Dear City Official: As you are most likely aware,the recently adopted FDA regulations on tobacco have the effect of preempting local ordinances that regulate in a different manner those items specifically regulated by the FDA regulations. As the FDA recognizes that enforcement of local ordinances is one of the most effective means of reducing underage access to tobacco, a waiver process has been developed to re-authorize otherwise preempted ordinances. The League of Minnesota Cities and the Minnesota Attorney General's office have developed a coordinated waiver application process. As part of this process, a waiver application was developed by the League with the assistance of Bob Kline of the Tobacco Control Resource Center. In addition, using the results of a recent survey conducted by the Minnesota Department of Health, cities with ordinances appearing to contain preempted provisions were identified to receive a direct mailing of this waiver application. Your city is on this list. Therefore, enclosed please find a copy of the waiver application, a model cover letter, and a set of instructions on how to complete the application. If your city would like to participate in the coordinated application process, please complete the enclosed application, make the required number of copies, and return the application packet to the League as directed in the enclosed instruction pages. Because the waiver application is a formal document, cities should authorize their participation in the process by adopting a resolution to that effect. Completed applications and the supporting documentation must be received in the League's offices no later than Thursday, May 1, 1997. Any application received after that date will not be included in the coordinated mailing and will likely miss the FDA imposed deadline of May 7, 1997 for priority review. This could have the effect of blocking enforcement of the local ordinance until such later date as a waiver can be obtained. If your city has questions about the type of ordinance provisions that are actually preempted by the FDA regulations, please contact the League of Minnesota Cities or see the February 12 and March 5 editions of the Minnesota Cities Bulletin, as well as the waiver application itself. AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Assistance can also be obtained by calling Bob Kline at the Tobacco Control Resource Center(1- 888-FDA-EXEMPT) (1-888-332-3936). The waiver process is very important for cities to maintain local control on the issue of preventing youth access to tobacco. It is hoped that your city will agree to participate in the coordinated application process Sincerely, '9)4 e>1A- Kent Sulem LMC Codification Attorney EXHIBIT "A" - EXCERPT FROM FDA PREEMPTION WAIVER APPLICATION Application for Preemption Waiver Docket No. 96N-0249 Group 2 twenty-six(26)years of age or younger in the same manner as the FDA regulation. (see ). 3. Requires photographic identification as proof of age for any customer ( )years of age or younger. (see ). The city believes that this restriction is: (check one) _ a. More restrictive because it _ b. Is required by the following compelling local conditions: C. Vending Machines. The FDA regulations prohibit vending machines except in locations where persons under the age of eighteen(18)years are, at all times,prohibited from entering the premises. The local regulation for which this application is submitted: (Check one) 1. Does not contain a vending machine provision. 2. Prohibits vending machines except in locations where any person under the age of eighteen(18) years is,at all times,prohibited from entering the establishment, in the same manner as the FDA regulation. (see ). V3. Regulates vending machines in the following manner: No person shall offer tobacco for sale or allow it to be sold by or from a vending machine, except in an area within a factory, business, office, or other place not open to the general public, or to which persons under 18 years of age are not generally permitted access. (see Sec. 6.23, Subd. 5.). The city believes that this restriction is (check one) a. More restrictive because it /b. Is required by the following compelling local conditions: Restaurants within the City of Shakopee hold liquor licenses and these licensees are not prohibited from allowing persons under the age of 18 from entering onto the premises when in the presence of a parent or guardian. The city code requires that any sale from an open display must require the intervention of an employee. EXHIBIT "B" - EXCERPT FROM FDA PREEMPTION WAIVER APPLICATION Application for Preemption Waiver Docket No. 96N-0249 Group 2 >4- D. Self-Service Dis l pays (Sales). The FDA regulations prohibit self-service displays (sales)except in locations where persons under the age of eighteen(18)years are, at all times,prohibited from entering the premises. The local regulation for which this application is submitted: (check one) _ 1. Does not contain a self-service display(sales)provision. 2. Prohibits self-service displays(sales)except in locations where persons under the age of eighteen (18)years are,at all times,prohibited from entering the establishment, in the same manner as the FDA regulation. (see ✓ 3. Prohibits self-service displays (sales) except as follows: No person may offer tobacco for sale or allow it to be sold from an open display to which the public has access without the intervention of an employee, except as follows: Cigarette cartons may be sold from a display rack equipped with clear shields, when the removal of each carton triggers an alarm or chime which is clearly audible to a clerk. The display rack must be in plan view of a clerk. (see Sec. 6.23, Subd. 6.). The city believes that this restriction is: (check one) a. More restrictive because it b. Is required by the following compelling local conditions: Young persons are permitted into retail establishments that sell tobacco products. The city's regulation permits access to a display rack with tobacco cartons only when it is equipped with clear shields and only when the removal of each carton triggers an alarm or chime which is clearly audible to a clerk. E. Sale of"loosies"and "kiddie packs". The FDA regulations prohibit the sale of cigarettes individually or in any package containing fewer than twenty (20) cigarettes. The local regulation for which this application is submitted: (check one) ._ 1. Does not contain a provision regulating "loosies"or"kiddie packs". — 2. Prohibits the sale of individual cigarettes and packages containing fewer than twenty (20) cigarettes in the same manner as the FDA regulation. (see ). _ 3. Regulates the quantity of cigarettes in the following manner: (see ). The city believes that this restriction is: (check one) y § 6.22 CITY OF SHAKOPEE CURRENT TOBACCO REGULATIONS - FYI Subd. 26. Manifests. Every driver shall maintain a daily manifest upon which are recorded all trips made each day showing the time and place of origin, the destination of each trip, and the amount of fare. All completed manifests shall be returned to the owner by the driver at the conclusion of the driver's tour of duty. All manifests shall be available to the City Clerk and the Police Department. Every holder of a license shall retain and preserve all drivers' manifests in a safe place for at least the calendar year next preceding the current calendar year. (Ord. 147, June 14, 1984; Ord. 199, July 10, 1986; Ord. 337, July 23, 1992) SEC. 623. TOBACCO. Subd. 1. Definition. As used in this Chapter, the term "tobacco" means and includes tobacco in any form, including, but not limited to, cigarettes, cigars, bagged, canned or packaged product. Subd. 2. License Required. It is unlawful for any person, directly or indirectly, to keep for retail sale, sell at retail, or otherwise dispose of any tobacco in any form unless a license therefor shall first be obtained from the City. Subd. 3. Repealed. Subd. 4. Restrictions. A. Separate licenses shall be issued for the sale of tobacco at each fixed place of business, and no license shall be issued for a movable place of business. B. Unless a person has obtained written consent from his or her parents, it is unlawful for any person under the age of 18 to sell, furnish, or give away any tobacco. C. It is unlawful for any person to keep for sale, sell or dispose of any tobacco in any form containing opium, morphine, near jimson weed, bella donna, strychnos, cocaine, marijuana, or any other deleterious or poisonous drug except nicotine. Subd. 5. Vending Machines. No person shall offer tobacco for sale or allow it to be sold by or from a vending machine, except in an area within a factory, business, office, or other place not open to the general public, or to which persons under 18 years of age are not generally permitted access. Subd. 6. Self-Service Merchandising. No person may offer tobacco for sale or allow it to be sold from an open display to which the public has access without the intervention of an employee, except as follows: Cigarette cartons may be sold from a display rack equipped with clear shields, when the removal of each carton triggers an alarm or chime which is clearly audible to a clerk. The display rack must be in plain view of a clerk. Subd. 7. Responsibility. A. The licensee shall be responsible for the conduct of its employees while on the licensed premises. Any violation of this section shall be considered an act of the licensee for purposes of imposing a civil penalty, license suspension, or revocation. pops amused in 1996 616 § 6.24 B. The licensee shall post signs on all tobacco display racks that all shoplifters will be prosecuted. C. Before being issued a license each year, each licensee shall certify that all its clerks have been trained regarding the state law prohibiting sales to minors and how to request identification of persons attempting to buy tobacco products. Subd. 8. Civil Penalties. The Council may impose a civil fine, suspend a license, or revoke a ficense for violations under this Section. A. Hearing. No suspension or revocation shall take effect until the licensee has been afforded an opportunity for a hearing before the Council, a committee of the Council, or a hearing under the Administrative Procedures Act, as may be determined by the Council in action calling the hearing. Such hearing shall be called by the Council upon written notice to the licensee served in person or by certified mail not less than fifteen nor more than thirty days prior to the hearing date, stating the time, place and purpose thereof. B. Penalty for First Violation. The first violation of this section shall be punishable by a civil penalty of up to$200 and a suspension of the license for up to 10 days. C. Penalty for Second Violation. A second violation of this section within any 12- month period shall be punishable by a civil penalty of up to $500 and a suspension of the license for up to 20 days. D. Penalty for Subsequent Violation. A third or subsequent violation of this section within any 12-month period shall be punishable by a civil penalty of up to $1000, and a suspension or revocation of the license. E. Reinstatement Conditions. The City Council may attach conditions to the reinstatement of a suspended or revoked license, including requiring that the licensee and the licensee's employees complete a training program regarding appropriate procedures for determining the age of customers. Subd. 9. Criminal Penalties. In addition to the civil penalties described above, a person in violation of this section may be punished criminally. A first violation of this section shall be a petty misdemeanor. Any person convicted of violating this section twice or more within any 12-month period shall be guilty of a misdemeanor. (Ord. 1,April 1, 1978; Ord. 79, November 17, 1981; Ord. 414, August 26, 1995) SEC. 6.24. FAIRS, CARNIVALS, CIRCUSES,SHOWS AND SIMILAR ENTERPRISES. Subd. 1. Definitions. The following terms, as used in this Section, shall have the meanings stated: A. "Fair"-A festival where there is entertainment and things are exhibited and sold. B. "Carnival-Circus" -A traveling commercial entertainment with sideshows, rides and games. page rw,e.d In 1996 617 CITY OF SHAKOPEE / I' 5 # Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: 1997 Non-Contract Pay Plan/Salary Adjustments DATE: April 11, 1997 INTRODUCTION: The Council is asked to adopt a pay plan for 1997 for non-contract employees. BACKGROUND: At its meeting of April 1st, the City Council heard a presentation outlining a draft pay plan for 1997. This had been formulated by Fox Lawson. Council gave general direction that Fox Lawson plan should have 2.5% added as a cost of living adjustment for 1997. All non-contract employees would receive a minimum of 2.5%, either added to their base, as a lump sumpay payable June 30th, or a combination thereof. Some employees received more as a defacto a equity adjustment. Subsequently, staff met with non-contract employees to present the plan at three meetings held April 2nd and 3rd. A number of questions were raised; other issues have been subsequently presented to me during the following week. Those items are summarized on the attached page. Some concerns are legitimate, others are a matter of not fully understanding the new system, while others represent a disagreement with the pay philosophy. It isour adjustmentsrecommendation may de made,a plan now, even with some unresolved issues, so that pay retroactive to January 1st for employees. THIRD PARTY INPUT: There are issues that remain. Some can be addressed by staff, others can not. In speaking with Fox Lawson, as consultants they have an ability to look at issues from a neutral standpoint. For a fee,they have acted as a resource that has either provided guidance or resolving disagreements for other client cities by taking a neutral look at a situation. Typically,they would have employees complete in writing what they feel is inequitable, and have the employer respond. Ultimately,policy decisions are decided by the City Council, as the interest of the employees must be balanced with the overall cost to the taxpayers to resolve. It is my understanding of the pay equity law that the relationships in the plan must be shown to be reasonable,but I'm unaware of anything that says that a pay plan must be perfect. I believe what we have is workable. There are,however, a handful of issues which may need be looked at by a third party, and Fox Lawson seems to be a reasonable solution. The service by Fox Lawson to examine individual position disagreements could be assumed to be $100 - $150 per issue. There may be a few issues that they might be called upon to formally review. BUDGET IMPACT: The attached recap sheet distributed at the April 1st meeting shows that the 1997 Pay Plan would allow this to be within the adopted budget. There is included a 2.5%increase for part-time employees as well. (Part timers are being treated the same as full timers on terms of receiving 2.5%,then being moved to the next higher step if they are between steps. This affects about a dozen year-round people at the Community Center). RECOMMENDATION: So that pay adjustments maybe made,I recommend that the following: 1. The 1997 Pay Plan as proposed (attached) be adopted. 2. That staff be authorized to use Fox Lawson for hearing salary adjustment disputes (we would limit this to a total of seven without receiving additional Council authorization). ACTION REQUIRED: If the Council concurs, it should adopt the attached resolution: A RESOLUTION ADOPTING THE 1997 PAY SCHEDULE FOR THE OFFICERS AND NON-UNION EMPLOYEES OF THE CITY OF SHAKOPEE. In addition, it should, by motion, authorize Fox Lawson to hear salary adjustments that can not otherwise be resolved at a staff level. r(_`1.ej.f; Mark McNeill City Administrator MM:tw Recap City of Shakopee "Regular" Employees Only 1997 Pay Plan Summary Data All Employee Groups Status Quo ALT 1 12/31/96 annual cost-all positions filled all year $2,768,330 $2,706,803 0 $34,060 2 Fox Lawson Adjustment 2.50% $63,577 $33,948 3 COLA cost 0 $34,375 4 Minimum/lump sum cost $13,505 $22,298 5 Step increases $ (73,140) ($76,546) 6 Partial year vacancies $2,772,271 $ 2,754,939 7 Total cost in 1997 including step increases 8 1997 budget full time/regular employees-all funds. $ 2,886,840 $6,840 $ 2 886,840 9 1997 Budget surplus(deficit) 01 $2,884,971 $2,882,768 5 1998 total cost 0.00% 6 COLA $2,924,075 $3,003,967 7 1999 total cost 8 COLA Non Union Employees Status Quo 1 12/31/96 annual cost-all positions filled $1,521,616 $1,460,089 0 $21,036 2 Fox Lawson Adjustment $37,039 $33,949 3 COLA cost 0 $15,516 4 Minimum/lump sum cost $6,515 $17,240 5 Step increases ($33,838) ($36,254) 6 Vacant Position Difference 7 Total cost in 1997 including step increases $1,531,332 $1,511,576 8 1997 budget full time/regular employees-all funds. $ 1 4 3 569,9,46466 $ 1,569,4666 $ 59, 9 1997 Budget surplus(deficit) 890 $1,584,341 $1,571,973 10 1998 total cost 0.00% 11 COLA $1,600,007 $1,646,664 12 1999 total cost 0.00% 13 COLA ISSUES RAISED AT EMPLOYEE MEETINGS: 1. Requested lump sum to be paid more then once per year; concerned about tax impact. RESPONSE: Lump sums must be run as a separate payroll and we are unaware of any tax implications detrimental to the employee being paid one time per year,vs. multiple times per year. Will stay with June 30th single payment. 2. Inequity in payment between former union secretaries, and non-union secretaries. RESPONSE: Needs to be examined; is one of unresolved issues left over from the now decertified union. Would otherwise be several hundred dollars' difference for the same employee title doing the same job,with equal tenures. 3. Planner I is recommended to become non-exempt as a result of this pay plan. He questioned status of extra week of vacation for non-exempt employee, and comp time issues. RESPONSE: Will likely go with pro-rated vacation, and will need to look at comp time accumulation. 4. Secretaries and Clerk Typist II now in same pay grade. Asked if Clerk Typist II could have their titles changed to be equal. RESPONSE: We do feel that there is still a difference in job responsibilities,regardless of pay. Feel that that should not be changed at this time. 5. Building Official feels job points under MAMA system place him at a disadvantage as a non-exempt employees,vs. exempt employees. RESPONSE: Some exempt vs. non-exempt employees were anticipated to be a problem, as there were three non-exempt(eligible for over-time) employees in thesame Thpa say rad e as s five exempt employees. The decision was made to split that pay grade. ed in a less than even incremental separation based on what other pay ranges had. However, in my view, it still provides a reasonable adjustment. See later discussion. 6. Engineering Tech III and Tech IV in same pay grade. RESPONSE: Needs to be reviewed. 7. Questioned how placement for steps was determined. RESPONSE: If the employee is between steps when transitioning from the old system, they are placed at the next highest step. Being at the top step of the old system doesn't guaranty one is at the top step of the new plan. ISSUES RAISED SINCE EMPLOYEE MEETINGS: $. Legal Secretary has requested to be able to retain her title(has been trained as a legal secretary), even though the job no longer exists. The pay plan provides for no differentiation in pay. RESPONSE: While it would be inconsistent with the other job titles, as there is no differentiation in pay,I would recommend that this employee be grandfathered at her existing"Legal Secretary"title. 9. Concern restated on difference between former union, and non-union secretaries. Also received was a memorandum questioning secretary points pay grade (56,vs. benchmark of 61) and how that relates to mechanics at 61 points. The positions are in two different pay grades. RESPONSE: This needs to be looked at. 10. Accountant: Questioned difference in wages between two grades,why the step pay is worth less then the proceeding step in the sequences of differences, and why the city clerk is a grade higher then the accountant when the accountant had higher points then the city clerk. RESPONSE: Split of former grade into grades L & K to accommodate non-exempt, and exempt employees accounts for the lessor step between K and the proceeding step J. The accountant position was hired as an exempt employee,but determined by the city attorney in 1995 to be non-exempt. The city clerk is exempt. The city clerk position was slotted into step L, even though it had been at 80 points,vs. the accountant at 82 points. If necessary,this might be looked at by a third party. 11. Building Official questioned dollars per point for the building officials vs. other positions. RESPONSE: While this can be looked at by the third party,the analysis of pay per points is one of the reasons that the new system is recommended to be adopted. The old system relied too heavily on an exact number of points, and a subsequent (varying) dollars per point,which caused it to be too exacting. The City simply can not measure that accurately whether one position is worth, for example, 2 points more than another. That is the reason for the wider pay grades. It is hoped that once people understand the pay grade system,that there will be a greater degree of comfort with its utilization. RESOLUTION NO. 4648 A RESOLUTION ADOPTING THE 1997 PAY SCHEDULE FOR THE OFFICERS AND NON-UNION EMPLOYEES OF THE CITY OF SHAKOPEE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE. MINNESOTA, that the City Administrator is hereby authorized to issue warrants upon the City Treasury from and after January 1, 1997, payable to the duly elected officials and appointed non- union employees of the City of Shakopee.in accordance with the attached 1997 Pay Schedules, with an effective date retroactive to January 1, 1997. BE IT FURTHER RESOLVED,that the city contribution for health, life, long term disability and/or individual health care accounts as may be provided by Council, shall be no more than$361.66 per month per employee retroactive to January 1, 1997. BE IT FURTHER RESOLVED, that all Resolutions in conflict with this Resolution are hereby repealed and terminated effective January 1, 1997. Adopted in adjourned regular session of the City of Shakopee.Minnesota,held this 15th day of April, 1997. Mayor of the City of Shakopee ATTEST: City Clerk CITY OF SHAKOPEE Cost By Individual to Next Highest Step New(Top) After COLA Proposed Step Step Step Step Step Step Step Step Proposed Lump Sum Title Grade 1 2 3 4 5 6 7 8 Salary Adjustment ffxempt Police Chief 0 $55,807 $57,800 $59,793 $61,786 $63,779 $65,772 $67,765 $69,758 $65,772 $1,618 PW Dir/Eng. 0 $55,807 $57,800 $59,793 $61,786 $63,779 $65,772 $67,765 $69,758 $59,793 $659 Com.Dev.Dir. N $49,005 $50,755 $52,505 $54,255 $56,006 $57,756 $59,506 $61,256 $54,255 $139 Finance Director N $49,005 $50,755 $52,505 $54,255 $56,006 $57,756 $59,506 $61,256 $62,431 $1,561 Deputy Chief M $43,065 $44,603 $46,141 $47,679 $49,217 $50,755 $52,293 $53,830 $54,166 $1,354 Park&Rec.Dir. M $43,065 $44,603 $46,141 $47,679 $49,217 $50,755 $52,293 $53,830 $44,603 $0 Asst.City Eng. L $37,805 $39,155 $40,505 $41,855 $43,205 $44,555 $45,905 $47,255 $45,905 $0 Facility Manager L $37,805 $39,155 $40,505 $41,855 $43,205 $44,555 $45,905 $47,255 $41,855 $410 EDA Coordinator L $37,805 $39,155 $40,505 $41,855 $43,205 $44,555 $45,905 $47,255 $40,055 Planner II L $37,805 $39,155 $40,505 $41,855 $43,205 $44,555 $45,905 $47,255 $37,805 $420 City Clerk L $37,805 $39,155 $40,505 $41,855 $43,205 $44,555 $45,905 $47,255 $44,555 $749 Nonexempt B Official K $35,493 $36,760 $38,028 $39,295 $40,563 $41,830 $43,098 $44,365 $44,365 $714 Accountant K $35,493 $36,760 $38,028 $39,295 $40,563 $41,830 $43,098 $44,365 $39,295 $0 PW Supervisor K $35,493 $36,760 $38,028 $39,295 $40,563 $41,830 $43,098 $44,365 $35,493 $515 Tech III J $33,179 $34,364 $35,549 $36,734 $37,919 $39,104 $40,289 S41,474 $37,919 $414 Tech IV J $33,179 $34,364 $35,549 $36,734 $37,919 $39,104 $40,289 $41,474 $42,873 $1,072 Inspector J $33,179 $34,364 $35,549 $36,734 $37,919 $39,104 $40,289 $41,474 $42,873 $1,072 Inspector J $33,179 $34,364 $35,549 $36,734 $37,919 $39,104 $40,289 $41,474 $34,364 $792 Asst to Adm J $33,179 $34,364 $35,549 $36,734 $37,919 $39,104 $40,289 $41,474 • Rec.Asst. J $33,179 $34,364 $35,549 $36,734 $37,919 $39,104 $40,289 $41,474 $36,734 $0 Payroll/Benefits J $33,179 $34,364 $35,549 $36,734 $37,919 $39,104 $40,289 $41,474 $40,289 $80 Planner I J $33,179 $34,364 $35,549 $36,734 $37,919 $39,104 $40,289 $41,474 $33,179 $577 Planner I J $33,179 $34,364 $35,549 $36,734 $37,919 $39,104 $40,289 $41,474 Exec Sec I $29,053 $30,091 $31,128 $32,166 $33,203 $34,241 $35,278 $36,316 $36,316 $0 Tech II I $29,053 $30,091 $31,128 $32,166 $33,203 $34,241 $35,278 $36,316 $35,278 $248 Tech 11 I $29,053 $30,091 $31,128 $32,166 $33,203 $34,241 $35,278 $36,316 $32,166 $0 Secretary H $25,516 $26,427 $27,338 $28,250 $29,161 $30,072 $30,983 $31,895 $31,895 $31 Secretary H $25,516 $26,427 $27,338 $28,250 $29,161 $30,072 $30,983 $31,895 $31,895 $31 Secretary H $25,516 $26,427 $27,338 $28,250 $29,161 $30,072 $30,983 $31,895 $30,072 $409 Secretary H $25,516 $26,427 $27,338 $28,250 $29,161 $30,072 $30,983 $31,895 $30,072 $409 Secretary H $25,516 $26,427 $27,338 $28,250 $29,161 $30,072 $30,983 $31,895 $30,072 $409 Acct.Clerk H $25,516 $26,427 $27,338 $28,250 $29,161 $30,072 $30,983 $31,895 $30,983 $0 Clerk Typ II H $25,516 $26,427 $27,338 $28,250 $29,161 $30,072 $30,983 $31,895 $29,161 $200 Clerk Typ II H $25,516 $26,427 $27,338 $28,250 $29,161 $30,072 $30,983 $31,895 $29,161 $200 Clerk Typ I G $22,342 $23,140 $23,938 $24,735 $25,533 $26,331 $27,129 $27,927 $22,342 $550 Clerk Typ I G $22,342 $23,140 $23,938 $24,735 $25,533 $26,331 $27,129 $27,927 $25,533 $0 Clerk Typ I G $22,342 $23,140 $23,938 $24,735 $25,533 $26,331 $27,129 $27,927 $25,533 $0 Cust.Sery G $22,342 $23,140 $23,938 $24,735 $25,533 $26,331 $27,129 $27,927 $27,927 $346 Custodian E $17,127 $17,739 $18,350 $18,962 $19,574 $20,185 $20,797 $21,408 $21,552 $539 F 4/10/97,2:58 PM Page 1 CITY OF SHAKOPEE Part-Time Proposed Pay Structure Proposed Pay Structure 1996 Proposed Step Step Step Step Title Top step Grade 1 2 3 4 Instructor-Cheerleading $13.650 G $11.412 $12.084 $12.755 $13.426 Instructor-Fitness $13.650 G $11.412 $12.084 $12.755 $13.426 Instructor-Golf $13.650 G $11.412 $12.084 $12.755 $13.426 Instructor-Gymnastics $13.650 G $11412 $12.084 $12.755 $13.426 Instructor-Skating $13.650 G $11.412 $12.084 $12.755 $13.426 Instructor-Tennis $13.650 G $11.412 $12.084 $12.755 $13.426 Building Inspector $13.050 G $11.412 $12.084 $12.755 $13.426 Engineering Inspector $13.050 G $11.412 $12.084 $12.755 $13.426 Snow Plow Operator $13.050 G $11.412 $12.084 $12.755 $13.426 Not Used n/a F $9.999 $10.588 $11.176 $11.764 Activity/Trip Coord. $9.490 E $8.749 $9.263 $9.778 $10.293 Day Camp Coord. $9.490 E $8.749 $9.263 $9.778 $10.293 Gymnastics Asst. $9.490 E $8.749 $9.263 $9.778 $10.293 Jr.Team Tennis Coord. $9.490 E $8.749 $9.263 $9.778 $10.293 Pool Manager $9.990 E $8.749 $9.263 $9.778 $10.293 Recording Secretary $9.490 E $8.749 $9.263 $9.778 $10.293 Summer Sports Coord. $9.490 E $8.749 $9.263 $9.778 $10.293 Teen Broomball Coord. $9.490 E $8.749 $9.263 $9.778 $10.293 Volleyball Coord. $9.490 E $8.749 $9.263 $9.778 $10.293 Arena Rink Attendnant $8.450 D $7.660 $8.111 $8.561 $9.012 Asst.Pool Manager $8.450 D $7.660 $8.111 $8.561 $9.012 Building Coordinator $8.450 D $7.660 $8.111 $8.561 $9.012 Administrative Intern $7.530 C $6.710 $7.105 $7.500 $7.894 Building Attendant $6.880 C $6.710 $7.105 $7.500 $7.894 Pool Cashier $6.880 C $6.710 $7.105 $7.500 $7.894 Engineering Intern $7.530 C $6.710 $7.105 $7.500 $7.894 Lifeguard/Instructor $7.240 C $6.710 $7.105 $7.500 $7.894 Maintenance Laborer $7.530 C $6.710 $7.105 $7.500 $7.894 Mechanics helper $7.530 C $6.710 $7.105 $7.500 $7.894 Lifeguard $6.280 B $5.853 $6.198 $6.542 $6.886 Office Worker $6.100 B $5.853 $6.198 $6.542 $6.886 Cheerleading Asst. $5.800 A $5.112 $5.413 $5.713 $6.014 Gym Attendant $5.800 A $5.112 $5.413 $5.713 $6.014 Pool Aide $5.800 A $5.112 $5.413 $5.713 $6.014 Rink Attendant $5.800 A $5.112 $5.413 $5.713 $6.014 Summer Sports Asst. $5.800 A $5.112 $5.413 $5.713 $6.014 4/10/97,3:05 PM Page 1 1997 PAY SCHEDULE JANUARY 1, 1997 POSITIONS ELECTED OFFICIALS SALARY AUTHORIZED Mayor $6,120.12/year 1 Councilpersons $5,100.12/year 4 NON-UNION EMPLOYEES Fire Chief $3,000.00/year 1 Ass't Fire Chief(1st) $1,500.00/year 1 Asst Fire Chief(2nd) $1,300.00/year 1 1 Fire Department Engineer $2,400.00/year1 2nd Engineer $2,000.00/year $1,000.00/year 1 3rd Engineer 1 4th Engineer $1,000.00/year 1st Captain $2,000.00/year 1 2nd Captain $ 740.00/year 1 3rd Captain $ 740.00/year 1 4th Captain $ 740.00/year 1 Firemen $ 7.50/hour 44 1997 PAY PLAN NOTES 1. There will be no change in the Elected Officials or Fire Departments salaries for 1997. 2. The Police Chief and Deputy Police Chief shall receive a uniform allowance of$450.00 per year consistent with the previous years pay plan. 3. The Public Works Supervisor shall receive the same uniform allowance provisions as the Public Works Employees consistent with the previous years pay plan. CITY OF SHAKOPEE Memorandum TO: Mark McNeill, City Administrator cc: Michael Leek, Community Development Director FROM: Fulton Schleisman, Building Official SUBJECT: 1997 Non-Contract Employee Pay Plan DATE: April 8, 1997 INTRODUCTION: Please receive this memo as my objection to the placement of the Building Official position on the proposed 1997 non-contract city employee pay plan, attached to the City Administrator' s memo 4/2/97 . BACKGROUND: Late last year you acknowledged that two job positions were out of line (low) with respect to other city pay plans. Further, you indicated a willingness to correct these inequities. While the proposed 1997 non-contract pay plan does somewhat positively address the affected Secretary positions, the Building Official position is left uncorrected. An examination of the position job value points vs. step 8 salaries will show a 15% ± difference from a low-$498 perpoint (Building Official) to a high-$590+ per point (City Clerk, Tech III) , etc. The average dollar value per job value point in the proposed non- contract plan is $545+. If the Building Official position fell in this range a $4183 increase in step 8 would result. (89 job value points x $545 = $48,505) Also please note that most bargaining unit positions are, and will likely remain above the $545 average for each job value point. SUMMARY: Good intentions notwithstanding, certain aspects of the proposed pay plan are random or disproportionate, causing the Building Official salary of all CityofShakopeeemployeesonadollar ovefmrlow evel and the lowest value per job value basis. Please review and address this issue in a fair and equitable manner. CITY OF SHAKOPEE Memorandum TO: Mark McNeill, City Administrator cc: Michael Leek, Community Development Director FROM: Fulton Schleisman, Building Official SUBJECT: 1997 Non-Contract Employee Pay Plan DATE: April 10, 1997 INTRODUCTION: Please add this information to that contained in my memo, 4/8/97 , regarding the proposed 1997 pay plan. BACKGROUND: In my previous memo I indicated that the present 1996 Shakopee Building Official salary is at a disproportionately low level. To support that contention please accept a brief listing from a survey of 1996 top step salary figures for local area Building Officials. Chaska $50, 500 Prior Lake $51, 600 Savage $47 , 400 Scott County $51,700 Shakopee $43 ,979 A metro wide survey will further support this discrepancy. Thank you again for considering this issue. CITY OF SHAKOPEE Memorandum TO: Mark McNeill, City Administrator • FROM: Jeanette Shaner, Secretary Pat Pennington, Secretary Shelly Baeyen, Secretary SUBJECT: Pay Plan DATE: April 7, 1997 Thank you for the opportunity to attend an employee meeting regarding the proposed pay plan. We would like to reiterate what our comments were at the meeting on April 3rd. Prior to 1993 , when the clerical, custodial and technical union was formed, all When secretaries employed by the City were on the same pay plan. the union pay plan was first approved the union secretaries were compensated less than non-union secretaries. Each year thereafter the dollar amount between union and non-union secretaries increased. Now with the proposed new pay plan and the decertification of the union all secretaries will be back on the same pay plan. The problem we see with this is that two of us, who have been employed over 16-1/2 years each, will be placed at step 6 of this 8 step pay plan. We feel we should be at step 8, the same as the other two secretaries who have been employed by the City less than we have. We feel this inequity is a separate issue from the Fox Lawson study and should be looked at as such. The other item that was brought up at the meeting was the fact the Clerk Typist II and Secretary have the same proposed grade and the same salary on the new proposed pay plan. In the past these two positions have been at a different level from each other indicating more responsibility and pay given to a secretary. We feel a secretary should continue to be compensated at a higher rate than Clerk Typist II for the additional job responsibilities. We would appreciate it if you would share this with the City Council when discussing the proposed pay plan. CITY OF SHAKOPEE Memorandum TO: Mark McNeill, City Administrator FROM: Jeanette Shaner, Secretary Pat Pennington, Secretary Shelly Baeyen, Secretary SUBJECT: Pay Plan DATE: April 9, 1997 After further study of the proposed pay plan, we have discovered what appears to be yet another inequity for the Secretary position. This issue does have to do with the Fox Lawson study and we are surprised that it was overlooked. Our understanding of the proposed pay plan is that the new grading system is based on the existing MAMA benchmark points. The problem, as we see it, is that the Secretary position has MAMA points of 61 and the Mechanic also has MAMA points of 61. The Secretary position has been placed in the new grading system at Level H while the Mechanic position has been placed at Level I. We feel that both of these positions, having equal MAMA points, should be placed at the same level of the proposed pay plan grading system. This becomes an even more serious issue when it is taken into account that the Secretary position is comprised mostly of women and the Mechanic position is comprised mostly of men. We feel that this gender inequity needs to be addressed before a final decision is made regarding the 1997 pay plan. Once again, we would appreciate it if you would share this with the City Council when discussing the proposed pay plan. Understanding the new pay plan Current Plan Increase as you go up Recomended Plan Grade Top Step COLA of 2.5% added Grande Too Step % Increase Dollar Increase 14 $ 68,057 0 $ 69,758 13.88% $ 8,502 13 $ 59,762 N $ 61,256 13.80% $ 7,426 12 $ 52,518 0' M $ 53,830 13.91% $ 6,575 11 $ 46,103 L $ 47,255 6.51% $ 2,890 K $ 44,365 6.97% $ 2,891 10 $ 40,462 J $ 41,474 14.20% $ 5,158 9 $ 35,430 I $ 36,316 13.86% $ 4,421 8 $ 31,117 H $ 31,895 -< 14.21% $ 3,968 7 $ 27,246 G $ 27,927 • 1997 Pay Plan 1. Jared was exempt employee in 1996. From 1997 proposed pay plan#1 to proposed#2,his position was identified as non exempt but the pay grade did not change nor did the wages for that grade change, corresponding to those positions in grade K. Why? Answer= 2. How was the difference in wages between the two new grades(L and K)determined? Answer= Set by Fox Lawson. 3. The salary difference from step to step is: Old Step New step Version 1 Version 2 12 M $6,575 $6,575 11 L $5,781 $2,890 I{ $2,891 10 $5,158 $5,158 9 I Why is step K worth so much less than the preceeding step and the sequence of differences? Answer= 4. If the Fox Lawson plan was based on the MAMA point system,why is the Clerk a grade higher than the Accountant when the Accountant had higher points than the Clerk? Answer= ADMINISTRATIVE POLICY NO. 63 Subject : Administration of Pay Plans Date: January 19 , 1982 Source of Authority : City Administrator/Council Action 12/22/81 Introduction The City now has three groups of employees on step increase type pay plans : Police , Public Works and Clerical . All three pay plans. . were set up separately; however, beginning in 1982 the police and public works pay plans will be identical except for the dollar amounts at each step. The purpose of thispolicy is to establish uniform administrative policies for the three plans . Plan Administrative Policies 1. The steps in each plan are pegged to the length of service; e.g. start , 12 months , 24 months and 36 months for the police and public works plans . Employees move from one step to another based upon their length of service beginning with the date of hire. Step increases reflect the increasing benefit to the employer an employee has during the first few years as the employee learns more and more about his or her job. Step increases are not to be confused with annual pay plan adjustments when all steps are increased at the beginning of the year to reflect annual union negotiated (or other) pay adjustments . 2 . While most employees will begin their employment with the City at the start level in a pay plan, exceptions can be made if recommended by the department head and City Administrator, and approved by City Council when the employee- is hired. Exceptions will be made when it is beneficial for the City to hire experienced personnel and in so doing the City chooses to acknowledge the employees experience by starting the' new employee at a step beyond that of "start". When an employee is hired at a step other than start, 12 months for example, the City will note on the employment letter (form) that the. individual has received a "service credit" of 12 months and that the service credit will be carried with the employee "• `a, for pay plan administration, while he/she is employeed by the City. This service credit does not effect other City pay or �. benefit programs. 3 . Step increases are automatic when the employee reaches the appropriate service date. The only circumstances under which !t the step increase would be withheld would be if the employee was on probation as described in the probation (Section 5 ) and discipline (Section 20) portions of the personnel manual . is • CITY OF SHAKOPEE Memorandum TO: Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: 1997 Pay Plan DATE: April 10, 1997 Re : Original grade 11 recommendations (in order) . 1 . Making all employees in grade 11 non-exempt . Pro: This has consistency and even step progression in pay. It is recommended by J. Fox as per telephone conversation and preserves the structure developed. Keeps employees in the original point value range together. Con: There are two employees who would be in a position of significant earning overtime or needing the job duties/functions, modified/streamlined/updated or department reorganized to reduce the number of hours currently worked. 2 . Exempt employees in grade 11 paid a half grade more. Pro: Provides exempt employees additional pay over the non- exempt employees in grade 11 . Preserves the sequencing for the non-exempt employees over grade 10 . Con: If exempt status is worth a half grade more, than why does it not hold true for grades above 11? Does not preserve the structure developed by Fox Lawson. Non-exempt employees in lower grade than exempt employees with lower points . 3 . Non-exempt employees in grade 11 paid a half grade less . Pro: Provides pay differential between exempt and non-exempt in grade 11 . Preserves the sequencing for the exempt employees over grade 11 . Con: For non-exempt employees, pay differential from grade 10 is half of sequence. Does not preserve the structure developed by Fox Lawson. If non-exempt status is worth a half grade less, than why does it not hold true for grades below 11? Non-exempt employees in lower grade than exempt employees with lower points . CITY OF SHAKOPEE I • s• p Memorandum TO: Mayor and City Council CONSENT FROM: Mark McNeill, City Administrator SUBJECT: City Contribution-Utility Law Lobbying Expenses DATE: April 11, 1997 INTRODUCTION: The Council is asked to approve a contribution of$1,000 as the City's share of lobbying expenses on a legislative matter. BACKGROUND: On February 18th, the City Council approved Shakopee joining forces with up to 18 other cities who would be negatively impacted by a bill that had been introduced in the legislature affecting property owned by investor-owned utilities. If the bill became law, it would reduce up to 6% of the property tax base in Shakopee by exempting from property taxes equipment previously designated as personal property. The Council was told at that time that there would be some contribution of funds requested,but no authorization for an amount that was given. I've been contacted by the City Administrator of Oak Park Heights who is coordinating the lobbying efforts. He has requested $1,000 as our share of the expenses. Other cities who stand to lose a larger percentage of their tax base are being asked to pay larger amounts. NOTE: As of Tuesday,April 8th, a Senate Committee appears to have effectively killed this proposal for the year. The Committee hearing it passed out only a recommendation that a study be made for 1997. While the House Committee hearing this had given the bill more credence, it is unlikely that the difference will be resolved. If this is true,the lobbying effort appears to have been successful. BUDGET IMPACT: The request of$1,000 towards lobbying expenses would come from the Council's "Dues" line item. This expense had not specifically been anticipated as an expense. At a later time, if necessary, a budget amendment could be done to transfer money from the City's contingency fund. RECOMMENDATION: We recommend that$1,000 be authorized as the City's contribution towards the lobbying efforts. ACTION REQUIRED: If the Council concurs, it should, by motion, authorize payment of$1,000 to the city coalition contesting the investor-owned utility-sponsored personal property tax law changes for utilities. (1KAIL UPuulitt Mark McNeill City Administrator MM:tw adici CITY OF SHAKOPEE Memorandum E 1 . TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Library Building Cooling System DATE: April 15, 1997 INTRODUCTION: The Council is asked to authorized replacement of the roof top cooling unit for the library building. Council is being asked to consider as this as an add on, so that the contractor may be given authorization to proceed, and assure installation prior to the start of air conditioning season. BACKGROUND: Associated Mechanical is the contractor who does periodic maintenance on most of the City's mechanical systems. While performing a routine inspection of the library, they noted that the existing roof top cooling unit, now 17 years old, is beyond repair, and needs to be replaced. If it is not, we will have no air conditioning this summer. Two proposals have been received: 1. Associated Mechanical Contractors -Base bid of$3,660.00,plus economizer(air exchanger which increases energy efficiency)of additional $630.00. Price includes permit. Total $4,290.00 2. Ron's Mechanical,Inc. -Base bid of$3,591.70,plus economizer of$781.00. Permit not included; adds $55.00. Total $4,427.00 Note that Associated also provided an alternate proposal which would replace the compressor only for a cost of$1,050. Given the age of the system, our recommendation is to have the entire unit replaced. BUDGET IMPACT: The library building budget did not anticipate an expenditure of$4,290.00. The recommendation is to overspend that line item, and make a budget amendment later transferring money in from the City's contingency fund. RECOMMENDATION: We recommend that the roof top unit be replaced by Associated Mechanical Contractors, at a cost of$ 4,290.00. ACTION REQUIRED: If the Council concurs, it should, by motion, authorize Associated Mechanical Contractors to replace the roof top cooling unit, including economizer, at the Public Library at a cost of $4,290.00. UAal)i(LU) Mark McNeill City Administrator MM:tw SSOCIATED /mechanical contractors, inc. 1257 Marschall Road, Suite 104, P.O. Box 237 • Shakopee, MN 55379 Phone:612/445-5100 Fax:612/445-5119 PROPOSAL To City of Shakopee Date 3/18/97 129 S Holmes St Building Public Library Shakopee, MN 55379 Location 235 S Lewis St Attn: Mark McNeill Shakopee, MN The undersigned hereby proposes to furnish for the above building all materials, labor and equipment and perform all work for the Replacement of Carrier 4 ton combination heating/cooling rooftop unit with new Carrier rooftop unit. For the sum: Three thousand six hundred sixty dollars $3660 .00 INCLUSIONS: - Removal and installation of new Carrier Model 48TJE005---3 rooftop unit with manual outside air damper. - 5 Year extended warranty on compressor. - 1 Year warranty on all parts and labor. - Hoist. - Gas disconnect/reconnect with Orsat test. - Tax and permit. EXCLUSIONS: - Less wiring. ALTERNATE: - Add Economizer. ADD: $630.00 THIS PROPOSAL VOID IF NOT ACCEPTED WITHIN THIRTY DAYS FROM ABOVE DATE. ALL MATERIAL PURCHASED AND ALL LABOR PERFORMED DURING ANY ONE CALENDAR MONTH IS DUE AND PAYABLE ON THE 10TH OF THE SUCCEEDING MONTH. THE PARTIES TO THIS CONTRACT AGREE THAT IF SAID CONTRACT IS NOT COMPLETED BY ANY COST INCREASE OF MATERIALS AND LABOR, SUBSEQUENT TO ABOVE MENTIONED DATE, SHALL BE ADDED TO THE ORIGINAL CONTRACT PRICE. Accepted By By 7� �aMAIALQ - 24 HOUR EMERGENCY SERVICE - rQIIsttI Page No. of Pages \ / P RON'S MECHANICAL, INC. 12010 Old Brick Yard Road SHAKOPEE, MINNESOTA 55379 Phone 445-8585 PROPOSAL SUBMITTED TO PHONE ���� DATE �- /�'�� C jof Li STREET JOB NAME /01-1 cSotik ge414-e, S 5 �pee (A'6(Ar Cr CITY,STAT - CODE 't 3 3 7 JOB LOCATION Le�``s E 3 R0 ir- 'e ARCHITECT (,-� DATE OF PLANS �� J VE�ilia We hereby submit specifications and estimates for: ' R047-Jp 1) .74- Fee tc�.e._ idu _ . /--eiIO 4 Cs /6 -Si3 - /as--- d,c7 ,0 114"- 6¢/ t /.2.5--- 00-6 /, - iv 1 1 i)tie.....7-paex.k_ -77Ca et,.4-e 1747 1)(1k577 i.-/10oralC_ pZ,L_ 3CM- 4 4/14-14-0---/ad, a %.✓s..tAr4.4__ re o A 4 Ani 4 359/ 7" /40L Ec o'w j''i :-2.4)[_ (1GI/L.j 42 7w 0-0�r�� i (.47-0...., / A/10'r ..-14 .1.-d..doe;1 e_49 ifP•1 "-:e.- Pt+P. t-17"- Nvo7_ Z'n/C-i--v,ae-.w /41 /6✓4.4-. Ii Ii a Propose hereby to furnish material and labor—complete in accordance with above specifications, for the sum of: '7 - I '7/"-`' /6^-a---e.3 Pig- O _-d-C ' '� Ilars($ 35-7/ /a )- Payment a(ma dela follows: wi 4 it_ iik,„444. All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices.Any alteration or deviation from above specifications Authorized involving extra costs will be executed only upon written orders, and will become an extra Signature charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control.Owner to carry fire,tornado and other necessary insurance. Note:This p posa may be \Our workers are fully covered by Workman's Compensation Insurance. withdrawn by us if not accepted within days./ / Arrepta irr of Proposal —The above prices,specifications and conditions are satisfactory and are hereby accepted. You are authorized Signature to do the work as specified. Payment will be made as outlined above. Date of Acceptance: Signature