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01/21/1997
TENTATIVE AGENDA CITY OF SHAKOPEE ADJ.REG. SESSION SHAKOPEE, MINNESOTA JANUARY 21, 1997 LOCATION: 129 Holmes Street South Mayor Jeff Henderson presiding Presentation of plaque to Harry Pass, retired Public Works Foreman 1] Roll Call at 7:00 P.M. 2] Approval of'Agenda A] Consent Items - (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.) 3] Liaison Reports from Councilmembers 4] Mayor's Report 5] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS *6] Approval of Minutes: December 4 and 17, 1996 *7] Approve Bills in the Amount of$664,682.61 8] Communications 9] Public Hearings A] Vacation of Fuller Street and Atwood Street between 4th Avenue and 5th Avenue B] Part II Minnesota Investment Fund Application on Behalf of ADC -Res. No. 4593 10] Recommendations from Boards and Commissions A] Amending City Code By Defining"Office Showroom" - Ord. No. 474 B] Amending City Code By Defining"Open Space" Within Planned Unit Developments - Ord. No. 472 C] Stone Meadow Planned Unit Development No. 11 located east of Highway 169, north of the bypass, and west of Tahpah Park - Ord. No. 473 TENTATIVE AGENDA January 21, 1997 Page -2- 11] 2-11] General Business A] Community Development 1. E.D.A. Structure and Effectiveness 2. Refund of Fees for Appeals from Board of Adjustment and Appeals - Ord. 475 3. Waiver of Fees for Non-Profit Organizations 4. Approve Specifications and Order Ad for Bids for Blocks 3 and 4 Demolition-Res.4607 5. Initiating Vacation of Lewis St. North of 1st Avenue -Res. No. 4595 6. Centres Group Development Agreement .A B] Engineering 1. Joint Powers Agreement for 1997 Street Maintenance Work 2. Awarding Bids on Trunk Sewer and Lateral Sewer, Project Nos. 1996-6 and 1996-9 -Res. No. 4604 *3. Accepting Work on Millpond Treatment Basin, Project 1995-7 -Res. No. 4605 4. Hiring of Public Works Supervisor 5. Authorization of Public Works Personnel 6. Accepting Work on 10th Ave. Storm Sewer Laterals, Project 1996-5 =Res. 4606 C] Police and Fire *1. Resignation of Don Bisek from the Shakopee Police Department 2. Towing Contract Discussion *3. Unmarked Car D] Park and Recreation E] General Administration 1. Designation of Official Newspaper - tabled 1/7/97 *2. Shakopee Cable Access Corporation Agreement *3. Scott Joint Prosecution Association-Joint Powers Agreement Amendment 4. Scott Joint Prosecution Association - Community Room Remodeling *5. Donation from VFW - tabled 12/17/96 *6. Temporary Liquor License- St. Mark's Church *7. Appoint Special Counsel to Handle Link Appeal 8. Salary Studies/Pay Equity Assistance *9. Termination of Probationary Period - City Administrator *10. City Administrator Chamber of Commerce Membership 11. Schedule next worksession 12] Other Business 13] Adjourn Mc;�n CONSENT ITEMS: #7. Bills to be approved in the amount of$664,682.61. #11.B.3. Accepts work on the Mill Pond Treatment Basin. This is a contract that was entered into on January 9, 1996, and had a final cost of$94,812.00, about$1300 more then what was originally bid. #11.C.1. Accepts the resignation of Don Bisek from employment with the City of Shakopee in the Police Department. Don has served for 29 1/2 years - we are grateful to him for his loyalty. #11.C.3. Police Chief asks for authorization to purchase a used car to replace a 1988 Plymouth which is currently being used as an unmarked investigative vehicle. The amount in the budget for this purpose is $13,900. #11.E.2. Shakopee Cable Access Corporation Agreement- the City Council wants the supplier of cable services - Paragon in this case -to pay the 5%cable franchise tax directly to the Shakopee Cable Access Corporation. The City would then bill the Cable Access Corporation for its expenses. Previously, the City had been receiving the money and then passing it on to the Cable Access Corporation. This agreement also requires the Cable Access Corporation to have an audit done. #11.E.3. Scott Joint Prosecution Association provides prosecution services for the City of Shakopee. There are two by-law changes being proposed here: 1. To allow the SJPA to create a fund balance of up to $45,000 which will assist in taking care of year end expenses. 2. Establishes procedures in case one of the seven member cities should want to terminate. #11.E.5. Donation from VFW -this had been tabled earlier. The Fire Department has agreed to the concept of having the VFW donate bingo proceeds directly to the City. The City will then amend the 1997 Budget to increase the capital acquisition account in the Fire Department by$3,700. The Fire Department will be buying a defibrillator with this amount. #11.E.6. St. Marks Church is asking for temporary on-sale liquor license so that they may sell wine during their Winter Fest on February 8th. #11.E.7. Asks that the law firm of Hoff, Barry, and Kuderer be retained to handle a special assessment appeal filed by Clete and Helen Link. Because Mr. Link is on the City Council, this creates a conflict of interest for the City Attorney. #11.E.9. Would end the six month probationary period of City Administrator Mark McNeill. He began with the City on July 22, 1996. #11.E.10. Authorizes the City to pay the $84.00 annual membership dues to the Chamber of Commerce for the City Administrator's membership in the Chamber. This permission is required to be given in advance in his employment agreement. OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ.REG.SESSION SHAKOPEE, MINNESOTA DECEMBER 4, 1996 Mayor Henderson called the meeting to order at 7:00 P.M. with Councilmembers Robert Sweeney, and Cletus Link present. Councilmembers Jane DuBois and Burl Zorn were absent. Also present: Mark McNeill, City Administrator; Gregg Voxland, Finance Director; and Judith S. Cox, City Clerk. Mr. Sweeney explained the process of arriving at taxes based on the market value of a property, where the General Tax Levy comes from and where it goes, and the budget impact of certain items on the levy. He explained that taxes are arrived at through a series of steps and that the state legislature has passed a formula for getting from market value to tax capacity. The levy is set and sent to the county auditor in September who uses the city's entire tax capacity and translates this in to a tax capacity rate. This year's result was .21762 percent which, when multiplied by the Tax Capacity equals a General Levy Tax of $283.34 for a house with an estimated market value (EMV) of $101,100. The General Levy Tax Capacity Rate last year was 22.458 which means the Tax Capacity Rate for General Levy purposes has decreased. The Metropolitan Council previously collected the levy for Transit and rebated to the City a portion of that up to 88 percent. The legislature allowed opt-out cities to levy the tax themselves and allow the Metropolitan Council to levy the additional 12 percent. The Metropolitan Council's levy for Transit paid by Shakopee last year was .02792 percent. This year the City levy for this is .01453. Last November a Levy for the Fire Station Bond Issue passed. There were three options and it was decided to add it in to be part of the of the Truth in Taxation Statement. The Transit Tax collected last year by the Metropolitan Council was $35.24 compared to $18.92 collected by the City this year. (A savings of$16.00) Mr. Sweeney explained that if a property's estimated market value is increased by an across the board multiplier, the Council has been reducing the Tax Capacity Rate by the same amount for the last four years. So if there were nothing but the across the board increase in EMV the tax would be level over the last five years for General Levy purposes. He said that a series of houses have been tracked over a number of years to keep track of what is happening to some samples. Each year the value of the property has increased. Over the last four years the taxes have either remained level or slightly decreased compared to the base year 1994. Once the City tax dollar is arrived at, 8 percent goes to the Fire Station referendum, 8 percent to Transit, 6 percent to the Debt Service Levy on outstanding bond issues, and 78 percent to the operating portion of the budget. Mr. Sweeney described the elements that make up the General Fund Revenues. Taxes - $2,965,865; licenses and permits amounted to $556,100; intergovernmental from other governmental agencies nearly $950,000; charges for services $692,000; fines and forfeits $80,000 and miscellaneous at $165,000 for a total of $5,388,544. He explained that 80 percent of the budget involves employees and that the goal is to service more people per employee. Official Proceedings of the December 4, 1996 Shakopee City Council Page -2- In discussing expenditures, Mr. Sweeney explained that excess budgeted expenditures total $136,326, decreasing the General Fund balance. Operational reserves are estimated at $3,148,550 at the end of tax year 1997. Managers are consistently spending less than budgeted and a larger than budgeted non-taxed income for approximately four years have attributed to the high reserve balance. However, the goal is to reduce this amount to approximately 25% to 30% of the next years expenditure. Councilor Sweeney responded to questions from members of the audience. Ray Peterson said his main concern was the substantial increase in various reserve funds and referred to a storm drain utility fee that almost doubled within a year's time. Mr. Sweeney explained that the majority of what is being paid for is the pond along the new bypass per state statute. Mayor Henderson announced that the Tax Levy and Budget will be adopted at the December 17, 1996 Council meeting. Having no other business the public hearing was closed. Councilor Sweeney thanked the people in the audience for attending. Sweeney/Link moved to adjourn to January 9th, 1996 at 4:00 P.M. Motion carried unanimously. The meeting adjourned at 8:25 P.M. Judith S. Cox City Clerk Esther TenEyck Recording Secretary INGS OF 1HN.OFFI IAL PROCEEDINGS THE C OC CITY COUNCIL ADJ.REG.SESSION SHAKOPEE, MINNESOTA DECEMBER 17, 1996 Mayor Henderson called the meeting to order at 7:06 P.M. with Councilmembers Jane DuBois, Burl Zorn, Robert Sweeney, and Cletus Link present. Also present: Mark McNeill, City Administrator; R. Michael Leek, Community Development Director; Bruce Loney, Public Works Director/City Engineer; Gregg Voxland, Finance Director; Judith S. Cox, City Clerk; and Jim Thomsen, City Attorney. The following items were added to the agenda: 12e.15) Consideration of the request of the Jackson Town Board to request Mn/DOT to change the Adam Street exit sign on new 169 to Marystown Road, and 12e.16) Acceptance of resignation of Harry Pass as Public Works Foreman. Sweeney/Link moved to approve the agenda as modified. Motion carried unanimously. Liaison reports were given by Councilmembers. Mayor Henderson had nothing to report. Mayor Henderson recognized Commissioner Bannerman's presence as well as Marge Henderson, Chairman of Scott County BRA. Mayor Henderson asked if there was anyone present who wished to address the City Council on any item not on the agenda. Art Bannerman, Scott County Commissioner, approached the podium and said the group home addressed in Cncl. Zorn's liaison report would save approximately $24.00 a day compared to the group homes currently contracted. In addition, the boys will be closer to their homes. Mr. Jaffa, Executive Director, Scott County H.R.A., approached the podium, thanked the City Council for inviting them and introduced the others present relating to the presentation on Blocks 3 and 4. Frank Dunbar, project manager, approached the podium and explained that their role is to coordinate the overall development of the program which began two months prior. He said site plans were taken to a design review committee and are still under discussion. The retail area has 28,000 square feet with a net increase of approximately 8,000 square feet downtown. He said the research company required a 60 foot depth from front to back for more efficient use of commercial space. There will be approximately 54 residential units on the second and third levels. He said the primary issue is the parking situation. He said they had requested approval from the E.D.A. for the footprint in order to begin working on other issues. More information should be available to the design review committee soon. He said they hope to begin looking into contractor selection and bidding in January or February. ` Official Proceedings of the December 17, 1996 Shakopee City Council Page -2- Harry Olson, Architectural firm of Windsor, Fancy, approached the podium and showed a model of the proposed structures, explaining that they are in a concept stage at this time and the next stage will involve exterior details. In response to a question as to how the design review committee feels about the proposed peaked roofs, Mr. Olson said there were mixed feelings and both flat and pitched roofs are being considered at this time. In response to a question as to the projected number of parking spaces for the residential units, Mr. Olson said there are 54 spaces planned for the units. He explained that the lobby at street level will be similar to apartment type security. Barb Portwith, bond counsel on the project, approached the podium and distributed a handout prepared by Springsted, Inc. called a description of elements which the finance team will use to determine the most efficient way to finance this project. She said the most important issue is the anticipated revenues from the housing and retail operations. The revenues will help project the kinds of rents that can be charged with respect to the project and expenses. Sources of funds will be from housing revenue bonds, secured mainly by a pledge of gross revenues from the project, also secured by a secondary pledge of a special benefits tax from County H.R.A. and/or the City E.D.A. Housing revenue bonds would be tax exempt and probably not rated. She said this is the most efficient structure and likely to result in the most available proceeds to complete the project. Mayor Henderson explained that the County H.R.A. has asked the City to consider that when the project costs come in bonds will be issued based on revenue from the site. The next step is the H.R.A. issuance of bonds and pledging of some of their special revenue. The H.R.A. would like the City to pledge against the failure of bonds in order to bring the interest rate down. Frank Dunbar said they hope to have preliminary figures very soon and are excited about the project. He also invited Councilmembers to call at any time with questions or comments. In response to a question as to the difference in the City's authority to tax and the recapture of TIN, Ms. Portwith explained that the project will be owned by the H.R.A. and will be tax exempt. However, because the commercial property will be leased to individual business it will be taxed as if owned by those businesses. The housing will make a payment in lieu of tax of 5 percent of shelter rents on an on-going basis. Mayor Henderson explained a letter from former Mayor Laurent was received which raised the question as to whether there would be any subsidy. Mr. Jaffa said he had read the letter and noted that the site has a certain amount of restricted use which needs to be considered. He said finding an architectural design that would be conducive to the downtown area is the reason for an extensive effort for proposal requests, and the firm chosen has a great deal of experience in mixing retail and housing. A second issue raised in Mr. Laurent's letter was to make sure that what is built on the site works. A County wide housing study has been conducted which validates the viability of the housing portion of the project. A separate study shows that the site can handle 28,000 square feet of retail on one level. Mr. Laurent's letter also addressed maximizing the use of space. Mr. Jaffa explained that the units will be fair market rent, adding consumer base to the retail space. Official Proceedings of the December 17, 1996 Shakopee City Council Page -3- Link/DuBois moved to approve the footprint (for the project on Blocks 3 and 4) so that the project can continue to move forward. Motion carried unanimously. DuBois/Sweeney moved to approve the November 19 and 26, 1996 minutes. Motion carried unanimously. Zorn/Sweeney moved to approve the bills in the amount of $796,156.20. Motion carried unanimously. Sweeney/DuBois moved to accept with regret the resignation of Larry Moonen from membership on the Shakopee Access Corporation, and Cable Communications Advisory Commission, effective February 28, 1997, noting he has been a member of these groups since 1985. Motion carried unanimously. The public hearing on the 1997 tax levy and budget was opened by Mayor Henderson. Mr. McNeill explained that a truth in taxation hearing was held on December 4, 1996, as required. by law and that another public hearing is required so that the resolutions can be adopted. Mayor Henderson asked if there was anyone in the audience who wished to speak and there was no response. DuBois/Sweeney offered Resolution No. 4584, A Resolution Setting the 1996 Tax Levy, Collectable in 1997, and moved its adoption. Motion carried unanimously. DuBois/Sweeney offered Resolution No. 4585, A Resolution Adopting the 1997 Budget, and moved its adoption. Motion carried unanimously. There being no interested citizens or further discussion, Mayor Henderson closed the public hearing. Sweeney/Zorn moved to table the Shenandoah Place Planned Unit Development to January 7, 1997. Motion carried unanimously. Mr. Leek explained that an amendment to the zoning ordinance regarding oversized garages which would create oversized garages as a conditional use was reviewed by the Planning Commission. He said that the Planning Commission recommended denying the amendment and therefore staff has not drafted an ordinance. He asked for direction as to whether or not to create an ordinance draft that would create a conditional use in the R1-C zone for oversized garages. Official Proceedings of the December 17, 1996 Shakopee City Council Page -4- A discussion ensued regarding addressing oversized garages on a case by case basis. Mr. Leek explained that the criteria set out in the state statue for a variance states that a hardship, unique to the circumstances must exist. Zorn/Sweeney directed staff to prepare an amendment to the zoning ordinance creating oversized garages as a conditional use in the Rl-C zone. Motion carried unanimously. Mr. Leek said the proposed plat of Krystal Addition is 7.74 acres in size and the Planned Unit Development (PUD) for the site was approved by the City Council in October. Staff has recommended that a park dedication fee be collected in lieu of park land in the Krystal Addition. The park dedication requirement would be approximately $1050.00 or only $30.00 per lot. Mr. Leek asked if the Council wished to obtain an appraisal on the property in order to determine what the actual park dedication should be and recommended approval of the preliminary plat subject to conditions. A discussion ensued regarding the number of lots involved and the cost of an appraisal. Mr. Thomson explained that the statute says a payment of park dedication fees can be required. The City Code states that fair market value can be determined by four methods. One of those is an appraisal performed on behalf of the City within the last year. This gives the City the authority to have an appraisal conducted and to base the 10 percent on that. Zorn/Sweeney moved to authorize the hiring of an appraiser to appraise the property within the plat of Krystal Addition. Motion carried unanimously. Sweeney/DuBois offered Resolution No. 4562, A Resolution of the City of Shakopee, Approving the Preliminary Plat for Krystal Addition, and moved its adoption. Motion carried unanimously. Mr. Leek explained there was one outstanding issue to be resolved for the Final Plat of French Trace 1st Addition. He said there was a negative declaration on the EAW for the sanitary trunk sewer and said that the condition has now been met and recommended approval of the Final Plat subject to conditions. Zorn/Sweeney offered Resolution 4589, A Resolution of the City of Shakopee, Minnesota, Approving the Final Plat of French Trace 1st Addition, and moved its adoption. Motion carried unanimously. In response to a question as to the extent the Fire Department has attempted to recruit females, Mark Huge, Fire Chief, explained that hiring practices were reviewed by the previous City Attorney and all applications and hiring was done through Scott County Personnel. The idea was that a fair and across the board job would be done. He said this issue is brought up at meetings of the firemen to try to recruit people that members know. He said this has been done and prior to Official Proceedings of the December 17, 1996 Shakopee City Council Page -5- closing of applications two females contacted members noting their interest. Nothing more was heard from one and applications had closed before the second could apply. She will, however, be applying next time. Mr. Huge said a job fair has been discussed and they are open to suggestions as to how to recruit more females, adding that finding enough interested males is difficult. In response to Cncl. Sweeney's recommendation to run a school, inviting the high school and to suggest possible candidates to be part of that school to produce some interested applicants, Mr. Huge said he will look into this and try to assign a liaison to the school. In response to a question as to training requirements, Mr. Huge explained that a standard has been set that during the probation period a technical firefighters program is required. Firefighter I is 120- 140 hours and Firefighter II is an additional 40 hours. He said the last recruits have gone through both Firefighter I and II courses and are also expected to take First Responder courses. In addition, training is held every Monday night. He added that there are members certified beyond Fire Fighter I and II as far as apparatus driving, hazardous materials, etc. Zorn/Link moved to hire Jim Paulson and Jon Sinnen as probational Shakopee firefighters. Motion carried unanimously. DuBois/Sweeney moved to recommend purchasing 5 sets of fire-fighting gear from Fire Equipment Specialties for a total of$4,390.00. Motion carried unanimously. Zorn/Sweeney moved to authorize the appropriate city officials to renew the existing contract to clean the Police Department building with George's Cleaning Service for $619.00 per month. Motion carried unanimously. A break was taken at 8:11 P.M. The meeting re-convened at 8:26 P.M. Item 12e.1) Pawn shop licenses, was taken out of order on the agenda. Judith Cox reported that American Pawnbrokers and Shakopee Pawn and Cash Co. have applied for renewal of their licenses. She said both applications are in order and approval is recommended. Sweeney/Link moved to approve the renewal of the licenses for American Pawnbrokers and Shakopee Pawn & Cash Co. Mr. McNeill reported several telephone conversations with Doug Bell, concerned about the issuance of this license and perceived lack of equal treatment for an application for which he was previously denied. He said Mr. Bell was to have faxed a police report, however, the fax machine was not working. Mr. Thomson circulated a memo including a response he wrote to Mr. Bell. Motion carried unanimously. Official Proceedings of the December 17, 1996 Shakopee City Council Page -6- Link/Sweeney moved to approve the application and grant a Pawnbroker, precious Metal Dealer and Secondhand Dealer's license to Daryl Harry Shiber, American Pawnbrokers, 450 West 1st Avenue. Motion carried unanimously. DuBois/Zorn moved to approve the employee licenses for the following employees of American Pawnbrokers: Samuel David Rockne, Dennis William Nelson, Tracy Allen Hirzel, Ronald Alan Plaman, David Duane Bryant, Chad Allen Torgersen, Jeremy David Galetka, John Alan Kunst, John Thomas Glynn, Patrick Brent Doolittle, and Jeffrey John Rutland. Motion carried unanimously. Zorn/Sweeney moved to approve the application and grant a Pawnshop License to Shakopee Pawn and Cash Co., 1147 Canterbury Road. Motion carried unanimously. Sweeney/Zorn moved to approve the application and grant a Pawnbroker, Precious Metal Dealer and Secondhand Dealer's license to Frank John Marzario, Shakopee Pawn and Cash Co., 1147 Canterbury Road. Motion carried unanimously. DuBois/Zorn moved to approve employee licenses for the following employees of Shakopee Pawn and Cash Co. : Sherri Marzario, Jessica Dold, David Wagner, Arthur T aFond, Damian Drummer, Ronald Zappatillo, Cheryle Taylor and David Martens. Motion carried unanimously. The regular order of the agenda was resumed beginning with 12c.1) Fee waiver request by Light of the World Church. Zorn/DuBois moved to approve the waiver of the fee for the review of a Conditional Use Permit for the Light of the World Church scheduled for the January 09, 1997 Planning Commission meeting. Mr. Thomson recommended that an ordinance or resolution amendment should be prepared to authorize the City Council to waive fees. He said at this time there is no authority either in the code or the resolution authorizing the Council to waive fees. A discussion ensued regarding setting precedence in waiving fees for religious and/or non-profit organizations. Motion failed 3-2 with Cncl. DuBois and Zorn in favor. DuBois/Zorn moved to direct staff to look into waiving fees for future consideration and come back with a fee waiver for religious organizations. Motion carried 4-1 with C ncl. Sweeney opposed. Mr. Leek reported a petition has been received for the vacation of right-of-way from Scott County and a resolution has been prepared setting a public hearing for January 21, 1997. Official Proceedings of the December 17, 1996 Shakopee City Council Page -7- DuBois/Zorn offered Resolution No. 4590, A Resolution Setting the Public Hearing Date to Consider the Vacation Of right-of-way (Fuller and Atwood Streets between 4th Avenue and 5th Avenue), and moved its adoption. Motion carried unanimously. • Mr. Leek reported that Shakopee Public Utilities Commission (SPUC) has approved the proposed agreement between Valley Green and SPUC relating to Valley Green Business Park's request to vacate an easement. Zorn/Sweeney moved to remove discussion of the vacation of a utility easement within RLS #134 from the table. Motion carried unanimously. Link/Zorn offered Resolution No. 4571, A Resolution of the City of Shakopee, Minnesota, Vacating Utility Easement Within Tracts G, H and I of Registered Land Survey #134, and moved its adoption. Motion carried unanimously. Mr. Leek reported that two bids were received for the Environmental Assessment and Soil Borings (for Blocks 3 and 4) and recommended accepting the bid from American Engineering Testing and authorizing payment in the amount of$6,175.00. Also the E.D.A. recommendation was to split this cost with the Scott County H.R.A. Mr. McNeill said that the Chair of the Scott County H.R.A. has indicated no support as they have had significant expenditures and do not have a way to recoup the investments. A discussion ensued in which it was noted that the Shakopee E.D.A. felt this was a development cost. However, as part of their agreement they must provide a buildable site and cannot do this without conducting core sampling. Zorn/Link moved to accept the proposal of American Engineering Testing for environmental and geotechnical work on Blocks 3 &4, in the amount of$6,175. Motion carried unanimously. Mr. Leek explained that the County is reviewing the agreement between the Shakopee Economic Development Authority, the City of Shakopee, the County of Scott, and ADC Telecommunications, Inc. and may have some minor modifications. He said that the E.D.A. approved executing the agreement for private development earlier this evening. In response to a question as to whether the City would be liable for the $250,000 if the grant is not received, Mr. Thomson explained that the agreement states only that the best efforts will be used to obtain the grant. Sweeney/Link offered Resolution No. 4588, A Resolution Approving A Contract for Private Development Among The City, The Shakopee Economic Development Authority, Scott County and ADC Telecommunications, Inc., and moved its adoption. Motion carried unanimously. Official Proceedings of the December 17, 1996 Shakopee City Council Page -8- Mr. Leek reported that negotiations have been on-going with the Centres Group for a new development agreement as the current agreement expires December 31, 1996. He asked that a 30 day extension be approved to prevent a lapse in relationship between the City and the Centres Group. Sweeney/Link moved to approve a 30 day extension of the current development agreement between the City and the Centres Group. A discussion ensued regarding the development and extension limits. Mr. Thomson said the dollar amount will be increased in the new agreement (addressing reimbursement of costs to the City) and will protect the City. Motion carried unanimously. Mr. Loney reported that Mr. Ray Hennes has submitted a petition from residents to have a street light installed at the intersection of Marschall Road and Valley View Road. He said staff is currently working on a street light policy for rural street intersections and recommended that Council direct staff to request a street light warrant study by Scott County Highway Public Works and Land Division for this intersection. Sweeney/Zorn moved to direct staff to notify Scott County Public Works and Land Division to perform a street light warrant study for the intersection of Marschall Road and Valley View Road. In response to a question as to the status of possible street light installation in the business district of Marschall Road from 4th Avenue to 10th Avenue, Mr. Loney said he has requested cost estimates from Shakopee Public Utilities but has not received the information yet. Motion carried unanimously. DuBois/Link moved to direct staff to conduct a comprehensive study of street lighting with information on the current policy encompassing the entire city and to bring the information back to Council. Mr. Loney said he could differentiate between urban and rural intersections in new and existing development areas and try to set up some standards and potential policies. Motion carried unanimously. Jon Albinson, Valley Green Business Park, approached the podium and thanked Cncl. DuBois for her motion, adding that the Subdivision Ordinance specifies that the street lighting policy is dictated by SPUC and said he felt it is important that the City establish its own policy and put into the Subdivision Ordinance so that the City will decide what lighting is needed rather than SPUC. Official Proceedings of the December 17, 1996 Shakopee City Council Page -9- Sweeney/Zorn offered Resolution No. 4586, A Resolution Authorizing the Appropriate City Officials to Execute Agreement No. 75574 with Mn/DOT - Turnback of Trunk Highway No. 300 Within the Corporate Limits of the City of Shakopee, and moved its adoption. Motion carried unanimously. DuBois/Link offered Resolution No. 4587, A Resolution Establishing Trunk Highway No. 300 As A Municipal State Aid Highway Within the Corporate Limits of the City of Shakopee, and moved its adoption. Motion carried unanimously. Judith Cox reported that the applications for renewal of massage center and masseuse, tattoo and cigarette licenses are in order and recommended approval. DuBois/Sweeney moved to approve the application and grant a massage center license to Dawn M. Krause/Klip and Kurl, 238 South Lewis Street. Motion carried unanimously. Sweeney/DuBois moved to approve the application and grant a masseuse license to Dawn M. Krause, 238 South Lewis Street. Motion carried unanimously. DuBois/Sweeney moved to approve the application and grant a Tattoo License to Linda Kurian, Body Art, 205 South Lewis Street, conditioned upon proof of the required insurance. Motion carried 4-1 with Cncl. Zorn opposed. Sweeney/DuBois moved to approve the issuance of a Tattoo License to Allen Joseph Lindback at Body Art, 205 South Lewis Street, conditioned upon proof of the required insurance. Motion carried 4-1 with Cncl. Zorn opposed. Link/Zorn moved to authorize the City Clerk to issue cigarette licenses for 1997. Motion carried unanimously. Mr. McNeill reported that the corrective tile work that was needed at the civic center was done. However, the ground froze before the landscaping could be restored. He recommended holding the $8,092.50 for the cost of the french drain until spring to be sure that the problem is resolved. In addition, Jessco has agreed to the City making payment to Kerber Tile and Marble through a joint check of $1,776.00, and that the balance of $22,202.35 be released to Jessco in the spirit of the agreement of October. Sweeney/Zorn moved to approve the bill from Kerber Tile and Marble for civic center work in the amount of $1,776.00 and deduct same from the balance due to Jessco Inc. through a joint check (issued to both Kerber Tile and Jessco). Motion carried unanimously. Sweeney/Zorn moved to release $22,202.35 to Jessco, (the balance of the retainage of the Jessco contract after the french drain installation and the Kerber Tile and Marble bill has been subtracted). Official Proceedings of the December 17, 1996 Shakopee City Council Page -10- A discussion ensued regarding recourse in the event of future water problems. Mr. Thomson explained that there is no guarantee that a the entire retainage of$32,000 minus the Kerber Tile and Marble costs would be sufficient to correct the problem, and the City might find it necessary to go after the bonding company. Link/Sweeney moved amend the original motion to release $11,101.18 (half of the retainage) to Jessco and keep the remainder of the retainage until satisfied that the drainage problem is solved. Motion carried unanimously. The main motion as amended carried unanimously. Mr. Sweeney explained that there are three parts to revenues for the cable franchise which include: studio rent, subscriber fees, and franchise fees. He said a portion of the franchise fee was used to defray a portion of Barry Stock's salary and other cable related expenses were billed to this same fund. There is currently $33,055.35 retained by the City which is in excess of any billings. In addition, the current transmittal of the franchise fee to the City is being held at City Hall. Mr. Sweeney recommended passing all cable revenues directly through the city directly to the Shakopee Community Access Corp. Any expenses on the city's part would then be billed to the SCAC. Any balances of revenues over expenditures would automatically be in the hands of the SCAC. He said this would differentiate between the City and the Cable Access Corporation in terms of who has the money and the responsibility of accounting for it to the internal revenue. He also advised the Councilmembers that Jim Streefland of Streefland and Jaspers has been retained by the Cable Access Corporation. A discussion ensued regarding money management concerns. Sweeney/Zorn moved to direct the City Attorney to prepare a contract which would require the Cable Access Corporation to reimburse the City for all expenses incurred for their benefit. Motion carried unanimously. A break was taken at 9:40 P.M. The meeting re-convened at 9:50 P.M. Agenda item 12e.12) City Attorney selection, was taken out of order. Mr. McNeill reported that interviews were held on December 9th with three firms to provide legal services to the City. Staff was then directed to solicit from these firms a fixed monthly retainer amount. This information has been received. We have three capable firms. The choice is up to the Council. Link/Sweeney moved to employ Kennedy & Graven as the Shakopee City Attorney. Motion carried unanimously. Official Proceedings of the December 17, 1996 Shakopee City Council Page -11- A discussion ensued regarding an hourly rate versus a retainer basis. Sweeney/DuBois moved to direct staff to work with Mr. Thomsen and Kennedy & Graven to bring back to Council a proposal as to what services will be provided under a retainer as well as an hourly rate. Motion carried unanimously. The regular order of business resumed beginning with 12e.7) Amoco ground water monitoring well location on City property. Mr. McNeill reported that Amoco Oil, represented by Delta Environmental has requested a ground water monitoring well on City-owned property north of Levee Drive. This would address monitoring any problems resulting from leaking underground fuel storage tanks at Cy's Amoco. He said that MPCA has asked the City to cooperate in allowing this activity. He said if this is acceptable authorization is needed. The Economic Development Authority has approved the request. Sweeney/Zorn moved to authorize an agreement with Delta Environmental, for the placement of a ground water monitoring well in the location as proposed by Delta, north of Levee Drive with cautions (not within the DNR easement). Motion carried unanimously. Mr. McNeill explained that the 1997 budget includes a $28,000 salary for the Assistant to the City Administrator position. Having looked at a number of options he recommended an entry level Assistant to the City Administrator position with a salary range based on 70 points and would start at$28,600 to $35,700. He also recommended not hiring above Step I. A discussion ensued regarding duties. Sweeney/DuBois moved to adopt the position description for the Assistant to the City Administrator (CC Document#246). Motion carried unanimously. Sweeney/Zorn moved to direct staff to prepare the proper documents to amend the pay plan (for the Assistant to the City Administrator position). Motion carried unanimously. Sweeney/Zorn moved to authorize the advertisement for the Assistant to the City Administrator position. Motion carried unanimously. Mr. McNeil explained that he has looked at how personnel should function with the City. As a result, he feels that recentralizing some of the functions previously left to the departments is necessary. He suggested that the County continue to handle the hiring aspects and that he be responsible for personnel administration. However, payroll and benefits should be recentralized. If this is to be considered then pay would also need to be discussed for a Payroll/Benefits Coordinator Official Proceedings of the December 17, 1996 Shakopee City Council Page -12- and he recommended that the position be given 73 points. He added that a cost of living adjustment in excess of 1.8 percent would be necessary to provide a salary increase for Ms. Remer. A discussion ensued regarding points, salary and job responsibility for this position. Link/Zorn moved to direct that a new job description be drawn up for a Payroll/Benefits Coordinator, incorporating as a model criteria listed in the Savage position, and further direct that the pay plan be modified utilizing 73 points for the position. Motion carried 4-1 with Cncl. Sweeney opposed. Mr. McNeill explained the responsibilities of the Economic Development Director position and reported that interviews were conducted and a preliminary finalist was chosen. He recommended hiring Paul Snook at Step 2 of the pay plan effective January 21, 1997, contingent upon successful completion of a physical exam. A discussion ensued regarding duplication of job responsibilities and the need for a full time Economic Development Director. Zorn/DuBois moved to approve the hiring of Paul Snook as the Economic Development Director at Step 2 of the pay plan at 1996 rates through 1997. Motion carried unanimously. Mr. McNeill reported that the City was recently notified that its health insurance rates would be increasing 27 percent for 1997. He said the 1997 budget has provided for a $15.00 per employee increase for health insurance premiums. A larger amount would impact the amount of money available for salary increases. Regardless of the plan chosen the new rates will increase the out of pocket expense to employees. He recommended increasing insurance contributions by $15.00 per month per employee, to a total of$361.66. Sweeney/DuBois moved to set the 1997 contribution for City participation in insurance premiums, at$361.66 per employee per month. A discussion ensued regarding a rebate for those employees not choosing to use the City's plan. Motion carried unanimously. Mr. McNeill updated the Council on the cost to go with the County's Long Term Disability insurance group as well as the decrease in benefits to the City's employees under this plan. He explained that unless negotiated with each employee this cannot be done. He recommended that the disability contract be renewed with Fortes. Zorn/Sweeney moved to approve the renewal of the Long Term Disability insurance contract with Fortes Benefits at a rate of$0.54 for 1997. Motion carried unanimously. Official Proceedings of the December 17, 1996 Shakopee City Council Page -13- Sweeney/Zorn moved to table discussion on the VFW donation to January 7, 1997, in order to clarify the donation. Motion carried unanimously. Mr. McNeill reported that the earlier discussion on long term employee retirement benefits was to try and negotiate it into contracts and that this has been put on the table at negotiations; however, there are two employees who need to make some decisions very soon. In order to accommodate them, he explained that the recommendation that we received was to put this as a memo of understanding, and if appropriate, then this would be negotiated into the 1997 contract. He stated that the provisions remain the same other than the fact that we had talked about age on or before 12/31/96 and what is being proposed is to change that to on or before date of retirement. Sweeney/Link moved to authorize the City Administrator to enter into the letter of understanding (relating to retirement benefits for long term employees who retire on or after January 1, 1997). (CC Document#247) Motion carried unanimously. Zorn/Sweeney moved to approve the request of the Jackson Town Board to request Mn/DOT to change the signage along the new 169 from Adams Street to Marystown Road/County Road 15. Motion carried unanimously. DuBois/Sweeney moved to accept the resignation, with regrets, of Harry Pass as Maintenance Foreman for the Public Works Department of the City of Shakopee effective January 2, 1997. Motion carried unanimously. The meeting adjourned to a closed session at 10:59 P.M. for the purpose of discussing labor negotiation status, and pending litigation. Mayor Henderson re-convened the meeting at 11:34 P.M. and stated there was no action taken during the executive session. Sweeney/Zorn moved to adjourn to Tuesday, January 7, 1997. Motion carried unanimously. liAlik, e)--. 09C dith S. Cox City Clerk Esther Ten Eyck Recording Secretary Cif CITY OF SHAKOPEE Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director RE: City Bill List DATE: January 16, 1997 Introduction and Background Attached is a print out showing the division budget status for 1996 based on data entered as of 01/16/97 . Also attached is a regular council bill list for invoices processed to date for council approval . Not included in the attached bill list but included in the total amount of bills shown on the agenda is the below listed subsistence/travel reimbursement for an employee. The employee (s) were away from their normal work site for a business purpose but the meal itself was not a "business purpose meal" or there was no receipt/odometer readings and therefore needs to be paid through payroll as taxable income. Chris Dellwo $19. 59 Also not included in the bill list - Ron Carlson will be paid (on payroll) a flat fee for teaching a class at the Community Center $315 . 00 . 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 $15, 853 . 66 . Action Requested Move to approve the bills in the amount of $664, 682 . 61. CITY OF SHAKOPEE EXPENSES BY DEPARTMENT 12/31/96 CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 11 MAYOR & COUNCIL 83,090 2,771 69,862 84 12 CITY ADMINISTRATOR 232,160 13,705 199,005 86 13 CITY CLERK 132,040 12,713 121,082 92 15 FINANCE 307,410 27,996 288,571 94 16 LEGAL COUNSEL 260,030 23,965 213,430 82 17 COMMUNITY DEVELOPMENT 472,930 43,708 326,200 69 18 GENERAL GOVERNMENT BUILDINGS 132,510 13,333 130,751 99 31 POLICE 1,608,500 192,095 1,562,431 97 32 FIRE 427,490 41,555 388,359 91 33 INSPECTION-BLDG-PLMBG-HTG 228,930 28,607 229,211 100 41 ENGINEERING 411,460 57,909 365,590 89 42 STREET MAINTENANCE 805,320 132,817 647,448 80 44 SHOP 116,650 16,245 105,339 90 46 PARK MAINTENANCE 304,660 28,471 308,038 101-- 91 UNALLOCATED 794,899 194,233 466,119 59 TOTAL GENERAL FUND 6,318,079 830,123 5,421,436 86 17 COMMUNITY DEVELOPMENT 463,400 61,868 427,825 92 TOTAL TRANSIT 463,400 61,868 427,825 92 H a) N QS a a 4 CL, as a a a a a a a x xxxxxxxxxxx x x x x H HH H H H H H H H 0 00000000000 0 0 0 0 X N W • O CO a o z 0 z w SN U a)0) H \0 H H M N CO d'd'd'd'd'd'd'd'd'd'd' H N 0 L- O O a\ N N N N 0)a)a)0)0)0)0)a)a)a) M (n d' N co co a) N N CO U)U)U)N Ll/U1 U)U)U)U)U) N N N U) Z U1 NN U) U) H H U) H H CO M MM MMMM MM MM 0) N a) M H 0 H H O O N N 0 N N l0 0 0 0 0 0 0 0 0 0 0 0 0 N co O 0 (1)111 in O M M O M M H 0 0 0 0 0 0 0 0 0 0 0 a) a) M O O U)0 N H co M H co co O HHHHHHHHHHH 0 0 0 U) H1� H CO M N N N CO CO N N d' N N N N N N N N N N N r-I H d' H Z 124 M MN H H H H H H H N NNNNN NMMM MM M N N N W d' d'M N N N N N Cl N d' d'd'V'd'd'd'd'd'd'd'd' d' d' d, d' O CA I11 I 1 I I I I I i I i i i i I I 1 1 I I I o N a) H0 N N N N N N N )D HHH0)HHH HH HH M H H d, Uo M H H H H H H H H H N M Lf)N Cl N U)CO H l0 N H N N H N s Z d' N N al 0) N al a) a) a) d' H N M d'H H M d'H H M d' d' M d• a) O a) O 0 O 0 O 0 0 0 0 0 0 a)0 0 0 0 0 0 0 O O O O cn W N W w z U U U w 0 > 0w CO z > Cl) z w xN H H - H N. a z 1 Hra a U rw U g En N W 0 00 z FC H W W W W W W W W W W W Z 0 H Cl) • 4 Z Z Z Z Z Z Z Z Z N Z H Z Zi a N E-,u) H co Q'.0 U) N W 00000000000 U] H W Q, U1 z N N 0 M 0 N x x x x x XX x x x x N H N H W W 0 W U) I a) Cu Cu aaaaa.,aa aa,P, W FC Cu a CL (xNx U N UD N N a) W H WWWWWWWWWWW Cu (x H W 0 NH z co U) N U) o w aaaaaaa,-1a,aa 0 W 0 H a UN U U dM' in U N N rn W HHHHHHHHCW-CHH a Cu N N Ix N tx(x H U) E4 W U d' HH 3 ( N ci) cn 0 HH N a 0 Z 0 U CON H H H N 0 E 3 H r.0 H U U W H x U 0 W a s N Z a a O N U) H 0 w 0 UU N NN 0 H H w rx UU 0 H CO CO 0 0H 17 ZZ cq Z N rn 0 0 0 H H 1-1 U 0 U 0 ZO a n U 0 0 < HHHHHHHHHHH Ea-' Q a 0 N - 00 0 U a N H cc1 of Ls,.a ,a,zs,x 0a ,.a x of,x CO H >C �C H H W W w N N W 0 U U ,z HHHHHHHHHHH r0 W a x h N Z FC U H Cu U 0 0 ry FC FC<<<FC<FC FC FC< FC Cu < U) H * * * * * * * i' * * 4 I * 00 000 MM H H N N 0101 00 NN HH 00 U)N M LD l0(.0 N N IO N N M MM N N 00 N 4 Z0 000 00 MM mu-) low 00 00 .4.4 0c) N N N M H IO H N d'H U) a) 00 mal 00 N r7 0 U)L) N0N d' d' NN HH NN NN HH MM 00 HN0000 d'M a)HNH 00 00 00 U) O N N a)N H U) U) H H N N N co N N (7\a) H H N N U)-U}i?U}t?U}U}U}H U}U)a) N a) d' d' in U) U) H H a1 NN U)U) NN N N d'd' N N 00 U}U} t!}U} U} I U}U} NN d' d' NN H 0 < • - . 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El H a° H] r01 H Z W W H H EH. w w 01 z w a w H al0 0 E >0 a a J' w Z 3 1'. >' ' 0. H F-I a H En H D O fes 01 H H M CL RC > C G. H H H q EK-44 m '0 H H H X U) a 0 co Z ,aC 0 0. m 0 ti) a H 04 U IX U Ea 0 q rn 4 rn a o1 H Z H w w U) 0 H 01 U H U H al H R. U) U) 0: I W W .T. H d' 1.11 (Y1 H N 01 0 H 0 0 0 0 0 U 0 H H H N M M V' 1' H M V' LO V' O H H M d' d' W a' v' N N N N a) a H it 7t 7t it it 3t it 3t 3t it it It it it U U w w u.. w w w w w w w w w w w L. �f A CONSENT CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Vacation of Rights-of-Way for Fuller and Atwood Streets between Fourth * and Fifth Avenues DATE: January 17, 1997 INTRODUCTION: The City has received a petition from Scott County for the vacation of the above-described rights-of-way. The Planning Commission reviewed the request at its meeting of January 9, 1997. Attached for the Council's information is a copy of staff report to the Planning Commission. ALTERNATIVES: 1. Approve the vacation of the subject rights-of-way, and direct staff to prepare the appropriate resolution. 2. Deny the request to vacate the subject rights-of-way. 3. Table the decision to allow staff or the applicant time to provide additional information. PLANNING COMIVIISSION RECOMMENDATION: The Planning Commission recommended alternative no. 1, approval. ACTION REQUESTED: Offer and pass a motion relative to the vacation of the rights-of-way, and direction to city staff to prepare the appropriate resolution. / 27‘e;:l. e R Michael Leek Community Development Director VACSCOTT.DOC 1 0 CONSENT CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: R. Michael Leek, Community Development Director SUBJECT: Vacation of Rights-of-Way for Fuller and Atwood Streets between Fourth and Fifth Avenues DATE: January 2, 1997 Site Information: Applicant: County of Scott,Minnesota Current and Adjacent Zoning: See attached zoning map INTRODUCTION: The City has received a petition from Scott County for the vacation of the above-described rights-of-way. The City Council will hold a public hearing on January 21, 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 rights- of-way. Also attached is a copy of the County's resolution regarding the petition for vacation of these two rights-of-way. Other agencies and city departments have reviewed this application information. The Engineering Department has commented that the proposed vacation will have an impact on traffic flows in the area. This impact is the subject of WSB's traffic study. Vacation of Fuller will require the designation and development of an alternative North-South collector street. ALTERNATIVES: 1. Recommend to the City Council the approval of the vacation of the subject rights-of-way. 2. Recommend to the City Council to deny the request to vacate the subject rights-of-way. 3. Table the decision to allow staff or the applicant time to provide additional information. ACTION REQUESTED: Offer and pass a motion regarding the Commission's recommendation to the City Council relative to the vacation of the rights-of-way. - - .7Z-/-:1-‘/' - / R.Michael Leek Community Development Director i:\conundev\boaa-pc\1997\janO2pc\vacscott.doc AG i -.- - yjh ,, ,,I, _�- ARX den M 9ER Nz,,,,,_ \ OTq i , .1, .MAER 'ARK well ,. . 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" ^e 1 ,. _;N 'R1AI Low Density Re 'certic • "� JI , f R Urban Reside O • "iiL<LJ_ •' ^t c l ,t iP.. z ;TiTin Old Shakopee Resident ...icy., h ' r — --- R2 Medium Density Reside ,t: mil 0 '1 `• i.-THE rs I R3 I Multiple Family Residertic }i ., s -L _ gin 2 B1 Highway Business s' �, ' I B2 Office Business �� • 183 I Central Business l'j I I1 I Light Industrial �"� _ 111 I:\ I 12 I Heavy Industrial I I I 2 MRI Major Recreation ' Overlay Zones jr S�Snore Iond y n I 1 _3."�a°M<_ —F',r loodplain District i yy T; 1 BOARD OF COUNTY COMMISSIONERS SCOTT COUNTY, MINNESOTA Date December 10, 1996 Resolution No. 96153 Motion by Commissioner Bannerman Seconded by Commissioner Mackie RESOLUTION 96153: PETITION TO THE CITY COUNCIL OF THE CITY OF SHAKOPEE TO VACATE FULLER AND ATWOOD STREETS BETWEEN 4TH AVENUE AND 5TH AVENUE FOR CONSTRUCTION OF THE NEW SCOTT COUNTY JUSTICE CENTER WHEREAS, Scott County is in the process establishng a"Courthouse Campus" in the City of Shakopee to initially include Court House Square and Blocks 57 and 58 of the original plat of"Shakapee City"; and WHEREAS, Scott County is in the process of acquiring Block 58 and the westerly portion of Block 57 of the original plat of "Shakapee City" from the St. Francis Regional Medical Center and is proceeding with the design and construction of a new Justice Center on the Courthouse Campus; and WHEREAS, establishment of the Courthouse Campus requires that the City of Shakopee vacate Fuller Street between Block 57 and the Court House Square, and Atwood Street between Block 57 and Block 58, as shown on the original plat of "Shakapee City"; and WHEREAS,the City Council of the City of Shakopee, in Resolution No. 4386, has approved the concept of the Courthouse Campus and agreed to assist Scott County with its establishment, including, among other things, vacating streets as necessary; and WHEREAS, Scott County and the St. Francis Regional Medical Center are the owners of all the property abutting Fuller Street between Block 57 and the Court House Square, and Atwood Street between Block 57 and Block 58, as shown on the original plat of "Shakapee City", and St. Francis Regional Medical Center has agreed to join Scott County in the petition to vacate the streets. BOt-uiD OF COUNTY COMMISSIGNERS SCOTT COUNTY, MINNESOTA Date December 10, 1996 Resolution No. 96153 Motion by Commissioner Bannerman Seconded by Commissioner Mackie NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners in and for the County of Scott, Minnesota, as follows: 1. Scott County petitions the City Council of the City of Shakopee to vacate Fuller Street between Block 57 and the Court House Square, and Atwood Street between Block 57 and Block 58, as shown on the original plat of "Shakapee City", being those portions of Fuller and Atwood Streets lying between Fourth Avenue and Fifth Avenue. 2. Scott County requests expeditious action on this petition to accommodate initiation of construction of the new Justice Center in April 1997. YES NO Malz x Malz Behm x Behm Bannerman x Bannerman Underferth x Underferth Mackie x Mackie State of of Minnesota) County of Scott ) I, Gary L. Cunningham, duly appointed qualified and acting County Administrator for the County of Scott, State of Minnesota, do hereby certify that I have compared the foregoing copy of a resolution with the original minutes of the proceedings of the Board of County Commissioners, Scott County, Minnesota, at their session held on the 10th day of December , 1996, now on file in my office, and have found the same to be a true and correct copy thereof. Witness my hand and official seal at Shakopee, Minnesota, this 10th day of December. 1996. r �` County Admini ator By Administrator's Designee v; c • CITY OF SHAKOPEE �1Ci� ►'►�l Memorandum TO: Mayor& City Council Mark McNeill, Public Works Director FROM: Bruce Loney, Public Works Director SUBJECT: Scott County Justice Center Collector System DATE: January 21, 1997 A joint City-County meeting was held, November of 1996, to discuss the Scott County Justice Center expansion. The Council requested a further transportation study of the collector roadway systems south of 6th Avenue, from the Scott County Justice Center to the Shakopee Bypass. Attached to this memorandum are the following items: 1. A Collector Roadway System Alternative Study from WSB & Associates, Inc. on the advantages and disadvantages of three roadway alternatives, from the proposed Scott County Justice Center to the Shakopee Bypass. 2. A City cost summary for Fuller Street realignment and Apgar Street collector construction. On Item No. 1, the report that is attached shows the alignments for the three alternatives. These alternatives provide a north-south collector in this area either along Fuller Street, Scott Street or Apgar Street. All three alternatives essentially provide a north-south collector route for traffic flow in this area. A couple of items that should be pointed out are as follows: 1. The traffic south of 10th Avenue is a very low volume, more representative of a low volume collector or a high volume residential street. Much of this traffic dissipates along 10th Avenue to go either east or west. 2. The Scott Street alternative basically dissects the Meadows North Plat and severely impacts this development area, the main reason being that this is a small development site with Fuller Street along the east border and Apgar Street on the west border. 3. The collector street routes on Apgar Street and Fuller Street would require a jog in alignment in order to serve this area. Staff did include a cost summary of the City's cost for the Fuller Street realignment and Apgar Street collector construction. The estimated costs to the City for this would be $434,000.00. It should be pointed out the City did sign a Cooperative Agreement with Scott County in which Scott County paid the City $277,000.00 for any roadway construction or collector construction in this area, either on Fuller Street, Apgar Street or both. The agreement was signed by the City and the County and has statements within the agreement that this is payment in full for any roadway in this area. Thus, it would be very difficult to request further participation from the County on the collector streets in the City of Shakopee. Summary of costs for the Fuller Street realignment and Apgar Street collector construction are as follows: • Street oversizing costs to Fuller Street. • Removal of 750 feet of existing Fuller Street that was constructed in 1995 and 1996. • The reconstruction of Fuller Street and Apgar Street connection. • Engineering and Administration costs for those three items. • The City cost to construct Apgar Street collector which includes street oversizing, storm sewer and non assessable frontage due to double fronted lots along Apgar Street. If there are any questions in regard to the Collector Roadway System Study or the City cost summary for Fuller Street realignment and Apgar Street collector street construction, please contact me in my office. 1 ' - bi°ruceLoney Public Works Director BL/pmp TRANS - 350 Westwood Lake Office B.A.Mittelsteadt,P.E.Bret A.Weiss,P.E. WSS 8441 Wayzata Boulevard Peter RW.Sterna,P.E. Minneapolis, MN 55426 Donald W.Sterna,P.E. Ronald B.Bray,P.E. 612-541-4800 &Associates,Inc. FAX 541-1700 Memorandum To: Bruce Loney, P.E. City of Shakopee From: Charles T. Rickart Bret A. Weiss, P.E. WSB &Associates, Inc. Date: January 7, 1997 Re: Scott County Justice Center Collector Roadway System South of 6th Avenue WSB Project No. 1049.03 As you requested, we have reviewed the collector roadway system south of the Justice Center and specifically with regard to the Gold Nugget Development located south of 10th Avenue between Apgar Street and Fuller Street. This memo outlines potential collector roadway alternatives and their impacts on traffic south of the Justice Center. Each alternative is discussed herein with a summary of the advantages and disadvantages. The existing traffic volumes are based on traffic counts conducted by the City of Shakopee and Scott County in 1996. The existing traffic volumes on Scott Street were conducted after the closing of the hospital. This volume may have been slightly higher prior to its closing (Approximately 1000 - 1500). The projected traffic volumes are based on the year 2015 modeled traffic conditions. The year 2015 traffic volumes were then adjusted to the year 2010 to correspond with the completion of the Justice Center. ALTERNATIVE 1 Alternative 1 would use the existing roadway system south of the proposed Justice Center (See Figure 1). The designated collector roadway would be Scott Street from CSAH 101 past the Justice Center to 6th Avenue, 6th Avenue from Scott Street to Fuller Street,and Fuller Street south to the City limits. Traffic would be directed to the system through the use of traffic control devices, including stop signs and directional signing. Even though, this roadway system would be designated as the collector, persons who are familiar with the area will use other routes to get to their destination. This collector would require a shift similar to the existing east-west collector designation on 4th Avenue to Fuller Street to 6th Avenue. ADV4NTAGES • Low cost- The only cost required with this alternative would be signing costs. • No physical roadway improvements required - By using the existing roadway system no improvements to the system would be required. • Portions of the proposed alternative are currently designated as collector - 6th Avenue and Fuller Street south of 6th Avenue South are currently on the collector system. Therefore, only Scott Street from CSAH 101 to 6th Avenue would require redesignation. F:IWPW/NV 049.031010-9-BL Infrastructure Engineers Planners EQUAL OPPORTUNITY EMPLOYER Bruce Loney, P.E. City of Shakopee January 8, 1997 Page 2 • No impact to the proposed Gold Nugget Development - With this alternative the preliminary plat as proposed by the developer would not be impacted. However, potential cut through traffic from Apgar Street to Fuller Street should be considered. • Access to Downtown via Holmes Street-Access to and from Downtown could be emphasized with the one block shift on 6th Avenue to Holmes Street. DISADVANTAGES • Difficult to direct vehicles to the collector system - Requiring vehicles to turn to stay on the "major" street can be difficult, especially for local residents who know the roadways in the area. • Traffic capacity issues with turning vehicles on 6th Avenue at Scott Street and Fuller Street- By increasing the turning movements at these intersections,potential delays and safety issues may arise. ALTERNATIVE 2 This alternative would involve the extension of Scott Street from 10th Avenue to the existing Fuller Street(See Figure 2). The collector designation, would be on Scott Street from CSAH 101 past the Justice Center south to its new intersection with Fuller Street and then on Fuller Street south to the City limits. A major traffic change occurs at 10th Avenue. The majority of traffic from the Justice Center area would turn east or west on 10th Avenue. ADVANTAGES • A continuous collector roadway system from CSAH 101 to Fuller Street south of 10th Avenue -By creating a continuous north-south roadway designation, traffic could be directed to one "major"street with no turning. DISADVANTAGES • Cost in constructing the roadway from 10th Avenue to Fuller Street-A cost would be incurred by making the connections from 10th Avenue to Fuller Street. • Creates another "major" intersection on 10th Avenue - Currently four-way stop sign are located at Apgar Street, Fuller Street and Spencer Street. They are evenly spaced along 10th Avenue. This alternative would create another four-way stop at Scott Street. • Splits the parcel of land between Apgar Street and Fuller Street south of 10th Avenue - The extension of Scott Street would split this parcel of land. As a result the collector roadway standards would need to be looked at with relationship to residential access on Scott Street. F:I WPWIM 1049.031010-97 BL 1 Bruce Loney, P.E. City of Shakopee January 8, 1997 Page 3 ALTERNATIVE 3 This alternative provides Apgar Street as the north-south collector south of 10th Avenue. Figure 3 illustrates the proposed alternative roadway system. The collector designation would be Scott Street from CSAH 101 past the Justice Center to 10th Avenue, 10th Avenue from Scott Street to Apgar Street, and Apgar Street south to the City limits. This alternative would require the construction of Apgar Street south of 10th Avenue and the realignment of Fuller Street into Apgar Street. ADVANTAGES • Does not impact the parcel of land between Apgar and Fuller Street south of 10th Avenue - The only impact would be minimal to the south portion of the parcel where Fuller Street would be realigned. • Creates a good north-south collector system from CSAH 101 to 10th Avenue - As discussed previously,the majority of traffic is turning on 10th Avenue. This alternative would create a continuous collector from CSAH 101 to 10th Avenue. DISADVANTAGES • Capacity concerns would exist at the intersection of 10th Avenue and Scott Street and at Apgar Street and 10th Avenue- By increasing the turning movements at these intersections, potential delays and safety issues may arise. • Creates a new major intersection with 10th Avenue at Scott Street- Similar to alternative 2, an additional 4 way stop would be required at Scott Street. • Construction cost with the extension of Apgar Street and the realignment of Fuller Street- A construction cost would be incurred in making the connection to Apgar Street and realigning Fuller Street. This cost may be difficult to justify due to the recent construction in this area. A variation of alternative 3 could be used by providing the shift from Scott Street to Apgar Street on 6th Avenue rather than 10th Avenue. This variation would eliminate the advantage of a continuous north-south collector. However, it would also eliminate the new major intersection on 10th Avenue. CONCLUSIONS AND RECOMMENDATIONS Based on the analysis of the roadway system and the existing and proposed traffic volumes south of the Justice Center between Fuller Street and Apgar Street,the following conclusions are apparent: • The major traffic volumes from this area are destined to 10th Avenue and then distributed east and west. South of 10th Avenue the traffic volume drops off substantially. The volume south of 10th Avenue has the characteristics of a very low volume collector or a high volume residential street. • The existing or projected traffic volumes south of 10th Avenue do not require a continuous north-south collector roadway. F.I WP WIM 104 9 031010-9-BL Bruce Loney, P.E. City of Shakopee January 8, 1997 Page 4 • The extension of Scott Street as the collector roadway south to 10th Avenue will require revisiting the stop sign locations and justifications on 10th Avenue. • The extension of Scott Street south of 10th Avenue would have significant impacts to the Gold Nugget Development. Based on the analysis and the conclusions stated above, alternative No. 1 is recommended as the proposed collector roadway system. This alternative would have little impact to the existing roadway system; would provide for good north-south flow from 10th Avenue to CSAH 101; would provide access via 6th Avenue to Scott Street and Holmes Street; and would have the least associated cost. Should Apgar Street be the desired north-south collector, alternative 3 with 6th Avenue shift variation should be considered. This alternative would also provide north-south flow from CSAH 101 to 10th Avenue, however, it would have a construction cost associated with the reconnection of Apgar Street and realignment of Fuller Street to connect to Apgar Street. F:I WPWIN110J9.031010-9'.BL ,--3 \------' - 1 \,--A \\__i • 5.h Avenu0e iis111C1P, ..3.111i 6th •venue gi 1111 � r1 t pis enue _ ► 7 30IW � ► 295500 1111 11 ill — *It0 8thAvenue 311111111 1 N o � jnI 1 \► ► III Shako•-• Aven - a) 0 fo) j t) .� to ca o to J8900 10th Avenue 10,500 11,700 13,900•• pO •• 5 .• Hennes Avenue ,'0 Extension of Scott Street X y • 'O' to Fuller Street I •• 0 i Legend Westwind Avenue XX - 1996 ADT — XX - Projected 2010 ADT ---- - Proposed Collector 0 300 600 Monnens Avenue VWSB Project No. 1049.03 Date:January 8,1997 A 350 Westwood Lao Office 8441 Wayzata Boulevard Scott County Courthouse WSBMinnsapois,MN 55428 Transportation Plan Collector ollector System Alternative 2 Aaaorlafss M FAX 541-1700 INFRASTRUCTURE - ENGINEERS - PLANNERS City of Shakopee, Minnesota Figure 2 2 , t ----\ 6L____\\ie5� Avenue s11111isw .venue o 0 6th o ..- .er . or ► `" ir' 11--. ► OS." nth ►,venue 1► 3854 2940 — 0 8th Avenue 7 73 \ ► o, �1► 1► I► 1 : Shako•-; Aven i- — 0 r �, II a i °' t' 4 as ' 1 A 't f, b oil __En 1 I w = -� �' rn — ITT \ I: 8900 10th Avenue 10,500 .11,700 13,900 0• / L3 0 N Hennes Avenue ^^r,� X `\--- Extension of Apgar Street to Fuller Street Realign Fuller Street to Apgar Street U Legend _ Westwind Avenue XX - 1996 ADT XX - Projected 2010 ADT mmi.---- - Proposed Collector 0 - 3006 0 Monnens Avenue o - - o0 — A 350 Westerood LakeOfficeScott County Courthouse 1049.03 Dale:Jamiary8,1997 8441 Wayzata Boulevard kSBMinneapolis,MN 55428 Transportation Plan AMMEEK 612-6414800 Collector System Alternative 3 &Amadora,Inc. FAX 641-1700 ` INFRASTRUCTURE - ENGINEERS - PLANNERS City of Shakopee, Minnesota Figure 3 • \_______1..i 6 \__----\\5� Avenue , iii , i o 0 illillia 6th venue i co un likiiiimi:r r - �' Avenue - 35000 '1 7th , 'i o 0. Avenue - , fid' o ' `fl o t 0 .. , 3 Shako'-, Aven rilo 0 ' q L.t . Q cis ea o Q w IH a cn 8900 10th Avenue 10,500 11,750 13,900 7 0 \ ' J 1 1 1 , _ / ,, / ,', ice., ^t °z Hennes Avenue ti• X i r •U • • i Legend Westwind Avenue XX - 1996 ADT — XX - Projected 2010 ADT m mos --. - Proposed.0 ... ‘ MINIMIIIIIIIIIIII Monnens Avenue o 300 600 1 A 350 Westwood Lake Office 8441 Wayzata BoulevardScott County Courthouse '"� No. ° 1049 D3 Date:January 8'' ' WSBMinneapolis,MN 55428 Transportation Plan System stem Alternative 1 812-641.4800Y &Assoefoted,Inc. FAX 641-1700 INFRASTRUCTURE - ENGINEERS - PLANNERS City of Shakopee, Minnesota Figure 1 CITY COST SUMMARY FOR FULLER STREET REALIGNMENT AND APGAR STREET COLLECTOR CONSTRUCTION 1 COST TO CONSTRUCT FULLER STREET FROM 36'WIDE TO 44'WIDE $ 40,984.50 2 TO REMOVE 750'OF EXISTING FULLER STREET INITIAL INSTALLATION COST $ 62,988.20 REMOVAL COSTS $ 7,622.50 3 CONSTRUCT FULLER AND APGAR STREET CONNECTION $ 82,083.98 4 ENG/ADM COSTS $ 38,173.67 5 CITY COSTS TO CONSTRUCT APGAR STREET COLLECTOR $ 202,421.48 TOTAL= $ 434,274.33 COMMENTS: 1. COST ITEM NO. 1 REFLECTS THE CITY COST INCURRED TO CONSTRUCT FULLER STREET FROM A 36'WIDE LOCAL STREET TO A 44'WIDE STATE AID COLLECTOR. 2. COST ITEM NO. 2 REFLECTS THE AMOUNT OF MONIES SPENT TO CONSTRUCT THE PRESENT FULLER STREET ALIGNMENT AND REMOVE THAT PORTION OF THE ALIGNMENT. 3. COST ITEM NO. 3 REFLECTS THE CITY COSTS TO REALIGN FULLER STREET TO CONNECT WITH APGAR STREET-THESE COSTS ARE NON-ASSESSABLE. 4. COST ITEM NO. 4 REFLECTS THE ENG/ADM. COSTS FOR ITEMS 1,2 &3. 5. COST ITEM NO. 5 REFLECTS THE CITY COSTS FOR CONSTRUCTING APGAR STREET AS A COLLECTOR. FULLER STREET ADDITIONAL COSTS FROM 36' WIDE LOCAL TO 44' WIDE COLLECTOR UNIT TOTAL NO. ITEM DESCRIPTION QTY. UNITS PRICE PRICE 1 CLASS 5 1500 SY $ 2.42 $ 3,630.00 2 BITUMINOUS BASE 1500 SY $ 3.07 $ 4,605.00 3 BITUMINOUS WEAR 1500 SY $ 2.78 $ 4,170.00 4 4" CONCRETE WALK 7550 SF $ 1.89 $ 14,269.50 5 BITUMINOUS TRAIL 1500 LF $ 5.04 $ 7,560.00 6 TREE 15 EA $ 250.00 $ 3,750.00 7 ADDITIONAL PAVEMENT 125 TON $ 24.00 $ 3,000.00 THICK. FOR 9 TON DESIGN SUBTOTAL= $ 40,984.50 TO REMOVE 750 LF OF EXISTING FULLER STREET INITIAL INSTALLATION COST: UNIT TOTAL NO. ITEM DESCRIPTION QTY UNITS PRICE PRICE 1 COMMON EXCAVATION 3000 CY $ 2.00 $ 6,000.00 2 SUBGRADE PREP 7.5 RS $ 102.00 $ 765.00 3 CLASS 5 3920 SY $ 2.42 $ 9,486.40 4 BITUMINOUS BASE 3420 SY $ 3.07 $ 10,499.40 5 BITUMINOUS WEAR 3420 SY $ 2.78 $ 9,507.60 6 4" CONCRETE WALK 3750 SF $ 1.89 $ 7,087.50 7 BITUMINOUS TRAIL 750 LF $ 5.04 $ 3,780.00 8 B618 CURB AND GUTTER 1500 LF $ 5.71 $ 8,565.00 9 CONC. CROSSPAN 320 SF $ 4.59 $ 1,468.80 10 CONC. DRIVEWAY 750 SF $ 2.75 $ 2,062.50 11 SOD 1700 SY $ 1.48 $ 2,516.00 12 TREE 5 EA $ 250.00 $ 1,250.00 SUBTOTAL= $ 62,988.20 ACTUAL REMOVAL COSTS: UNIT TOTAL NO. ITEM DESCRIPTION QTY. UNITS PRICE PRICE 1 REMOVE CURB AND GUTTER 1500 LF $ 1.00 $ 1,500.00 2 REMOVE CONC. WALK 3750 SF $ 0.35 $ 1,312.50 4 REMOVE BITUMINOUS 3420 SY $ 1.25 $ 4,275.00 5 REMOVE CONC. DRIVE 1070 SF $ 0.50 $ 535.00 SUBTOTAL= $ 7,622.50 CONSTRUCT FULLER STREET AND APGAR STREET CONNECTION UNIT TOTAL NO. ITEM DESCRIPTION QTY. UNITS PRICE PRICE 1 COMMON EXCAVATION 3000 CY $ 3.50 $ 10,500.00 2 SUBGRADE PREP 7.5 RS $ 150.00 $ 1,125.00 3 CLASS 5 3920 SY $ 2.50 $ 9,800.00 4 BITUMINOUS BASE 3420 SY $ 3.15 $ 10,773.00 5 BITUMINOUS WEAR 3420 SY $ 2.80 $ 9,576.00 6 4"CONCRETE WALK 2000 SF $ 2.00 $ 4,000.00 7 BITUMINOUS TRAIL 400 LF $ 5.25 $ 2,100.00 8 B618 CURB AND GUTTER 1500 LF $ 6.00 $ 9,000.00 9 CONC. CROSSPAN 320 SF $ 4.59 $ 1,468.80 10 CONC. DRIVEWAY 600 SF $ 2.75 $ 1,650.00 11 SOD 1700 SY $ 1.75 $ 2,975.00 12 TREE 5 EA $ 250.00 $ 1,250.00 13 12" RCP STORM SEWER 42 LF $ 22.00 $ 924.00 14 15" RCP STORM SEWER 120 LF $ 24.00 $ 2,880.00 15 CATCH BASIN 2 EA $ 800.00 $ 1,600.00 16 STORM MANHOLE 1 EA $ 1,000.00 $ 1,000.00 17 RECONSTRUCT ENTRANCE 1 LS $ 4,000.00 $ 4,000.00 TO REC. CENTER SUBTOTAL= $ 74,621.80 10%CONTINGENCY $ 7,462.18 SUBTOTAL= $ 82,083.98 I TOTAL ALL AREAS= $ 152,694.68 25% ENG/ADMIN= $ 38,173.67 GRAND TOTAL= $ 190,868.35 APGAR STREET - 10TH AVE. TO SOUTH PRELIMINARY COST ESTIMATE TOTAL ROADWAY UNIT TOTAL NO, DESCRIPTION UNITS QTY. PRICE PRICE 1 Mobilization L.S. 1 $ 7,500.00 $ 7,500.00 2 Remove Bituminous S.Y. 1550 $ 1.50 $ 2,325.00 3 Remove Curb and Gutter L.F. 675 $ 1.20 $ 810.00 4 Subgrade Preparation R.S. 17 $ 150.00 $ 2,550.00 5 Common Excavation C.Y. 7500 $ 5.00 $ 37,500.00 6 Common Borrow C.Y. 1000 $ 6.00 $ 6,000.00 7 Aggregate Base Class 5 100% Crushed Rock S.Y. 9600 $ 3.25 $ 31,200.00 8 Type 31, Bituminous Base Coat(2-1/2"thick) S.Y. 8500 $ 3.40 $ 28,900.00 9 Type 41, Bituminous Base Coat(1-1/2"thick) S.Y. 8500 $ 2.50 $ 21,250.00 10 Bituminous Material for Tack Coat GALLON 425 $ 1.75 $ 743.75 11 4" Concrete Walk S.F. 9000 $ 2.00 $ 18,000.00 12 Concrete Curb and Gutter Design- B618 L.F. 3500 $ 6.50 $ 22,750.00 13 8'Wide Bituminous Trail L.F. 1600 $ 8.00 $ 12,800.00 14 Sodding Type Lawn S.Y. 3000 $ 2.50 $ 7,500.00 15 Seeding (min. 4"topsoil, seed, fertilizer& mulch) ACRE 0.5 $ 3,000.00 $ 1,500.00 16 Furnish and Plant 2-1/2" Marshall Seedless Ash TREE 15 $ 250.00 $ 3,750.00 17 Furnish and Plant 2-1/2" Sugar Maple TREE 15 $ 250.00 $ 3,750.00 18 Silt Fence - Heavy Duty L.F. 800 $ 1.50 $ 1,200.00 19 4" Solid Yellow- Paint L.F. 1200 $ 0.50 $ 600.00 TOTAL ROADWAY $210,628.75 10%CONTINGENCY $21,062.88 SUBTOTAL $231,691.63 25% ENG/ADMIN. $57,922.91 GRAND TOTAL ROADWAY $289,614.53 APGAR STREET - 10TH AVE. TO SOUTH PRELIMINARY COST ESTIMATE ASSESSED ROADWAY 36' WIDE LOCAL UNIT TOTAL NO. DESCRIPTION UNITS QTY. PRICE PRICE 1 Mobilization L.S. 1 $10,000.00 $ 10,000.00 2 Remove Bituminous S.Y. 1550 $ 1.50 $ 2,325.00 3 Remove Curb and Gutter L.F. 675 $ 1.20 $ 810.00 4 Subgrade Preparation R.S. 14 $ 150.00 $ 2,086.36 5 Common Excavation C.Y. 6136 $ 5.00 $ 30,681.82 6 Common Borrow C.Y. 1227 $ 6.00 $ 7,363.64 7 Aggregate Base Class 5 100%Crushed Rock S.Y. 7855 $ 3.25 $ 25,527.27 8 Type 31, Bituminous Base Coat(2-1/2"thick) S.Y. 4173 $ 3.40 $ 14,187.27 9 Type 41, Bituminous Base Coat(1-1/2"thick) S.Y. 6955 $ 2.50 $ 17,386.36 10 Bituminous Material for Tack Coat GALLON 348 $ 1.75 $ 608.52 11 4"Concrete Walk S.F. 9000 $ 2.00 $ 18,000.00 12 Concrete Curb and Gutter Design-B618 L.F. 3500 $ 6.50 $ 22,750.00 13 Sodding Type Lawn S.Y. 3000 $ 2.50 $ 7,500.00 14 Seeding (min.4"topsoil, seed, fertilizer&mulch) ACRE 0.50 $ 3,000.00 $ 1,500.00. 15 Silt Fence-Heavy Duty L.F. 800 $ 1.50 $ 1,200.00 TOTAL ASSESSED ROADWAY $161,926.25 10%CONTINGENCY $16,192.63 SUBTOTAL $178,118.88 25% ENG/ADMIN. $44,529.72 GRAND TOTAL ASSESSED ROADWAY $222,648.59 CITY COST FOR ROADWAY OVERSIZING = $ 66,965.94 CITY COST FOR NON-ASSESSABLE PROPERTIES MINUS SIDEWALK= $111,324.30 TOTAL CITY COST FOR APGAR STREET CONSTRUCTION = $178,290.23 APGAR STREET - 10TH AVE. TO SOUTH PRELIMINARY COST ESTIMATE TOTAL STORM SEWER UNIT TOTAL NO. DESCRIPTION UNITS QTY. PRICE PRICE 1 12" RCP CL V Design 3006 L.F. 450 $ 21.00 $ 9,450.00 2 15" RCP CL III Design 3006 L.F. 600 $ 23.00 $ 13,800.00 3 Construct 2 x 3 Catch Basin EACH 9 $ 950.00 $ 8,550.00 4 Construct Catch Basin M.H. 48-4020(0-10') EACH 3 $ 1,100.00 $ 3,300.00 TOTAL STORM SEWER $ 35,100.00 10% CONTINGENCY $ 3,510.00 SUBTOTAL $ 38,610.00 25% ENG/ADMIN.. $ 9,652.50 GRAND TOTAL STORM SEWER $ 48,262.50 CITY COST FOR STORM SEWER= $ 24,131.25 1 LEGE ' t� ---'�-A� t �� OK Lp. SC, 021\_2421go.'�. gg0 ./ �� 2na E 1st ,�� Av'E ® ❑� 169 [❑0 w. 2na � ;•. -- • 3rd liroa� _____E] � • ! � ' N • 0 4th650u Tim , , �a co,, 2nd 1 3Td IAN---'iii® 5 0 ,❑ ________\ th,4 c__,,, ,..„ '� 6th AVE. 0 O ' n F rF/, �❑ � tv1,0111111 7 1 1111 � 1 th ,;. t N E ❑onw• ci,6 x,85 e----H-❑ ..� i 1 8th 300 ❑ 77 1vE.❑ 16 o $ �� 1 STATE 'C \\A:------\-- C.\/A� `-" ST. 81:oj�SIS, OP r 1 SHA`, OP IPEE ® REFORM. Q � A I�` FOR >, w 3 c H O w'I AVE. E; pUG C7 p w� H H WOMEN =n R �J E.a rn rn 10th a1 to <C 1 AVE. I - ---- -------------------_ �" ----/ '-- -\. r197°5 �---- -'�-- 5 10500 � x 79 � II 13900 McDEVITT / x ° a I AVE. ittST. / E. �; w THOMAS AVE. , 1. LlQ HENNES AVE z \ / ei o 0 0 1 , .4 z V a MENKE O.E. CO d' mit �j 0 0 v l7 qLn 0 � II -.!`:� 0 CV i � C AVE. eo d' § WESTWWD �'/ VI E L cn I i' °rV I MONNENS I — p ,---- /,:•-3.--' ' ? li O MiDES7 40 L c- G ----- ------- ---- =;`� iii-4.1, DR. 1200 0o 0 ¢ U 4350 02 2300 boo cv X MAJOR ARTERIAL --------- MINOR ARTERIAL COLLECTOR -———— NEW COLLECTOR 1200 EXISTING (1996) ADT 1400 PROJECTED (2010) ADT A 350 Westwood Lake Office Scott County Courthouse WSB Project No. 1049.03 Date:January 21,1997 8441 Wayzata Boulevard �SQ MrmeapoIl.MN 55428 Transportation Plan 41111111M111111111\ 612-5414803 Collector System &Associales,Inc. FAX 541-7700 Alternative 1 INFRASTRUCTURE - ENGINEERS - PLANNERS City of Shakopee, Minnesota I LEGE 1 y._ 1t�\1� C C OK LA* 2nd -s Bg0 111 C � r �2nd ( 1st Ci W 21d �•1•��� 3rd 169 C :,�vA �''" o 0\` v' l..aiC A� �-' -E, 80 0�� gailroa• • ®� \---\\--3. 4,1165 pS'2 d 1'3rd 5 0 •` ,/ -', � ��covc21, ..... ... - p��i 0 iAVE. /�'�, PA �� �' ,a ril AVE. �-- i Stb lc_jC r---‘Ili . Apiii___ _--. 0-0-1\ ''',/) 6th AVE. ;e, E..: ,1 �, .� O O 1 7th1111110A r-, i, 6th io. 01� ��.0 CT,. r--- . . , � 8th C i� ' . � 1\___, C a 77 �.� 300 - - . H 1 / STATE �'�' � ' `-" 73,\________,, I o SIS' OP '. SHA' OPPEE REFORM. �, >-, �tor-TILf FOR w I tea' �I x 2 3lli AVE. U � �I �H HWOMEN °IIE."'RE,v, a m ,AVE.10th � i I ----,;--------------i ��� 'I890 � 105QQ °� iK iaCH o 0 o 2 C McDE�TT /i)e1/4 x `�' fl, � AVE. ST ' 1 E. E,,; L THOMAS A � /� 1. Z \ U HENNE . o o e a U MENKE vi . g c+') w k"j 0 0 �' U d _ 00 / _ j _� AVE. co d' WESTWIND 'i 0 cv i, 1 1 VI E� C MONNENS cn -,'.2 MINT 5 ii ,// �6p0 N�MESTD R DR 1200 00 0 i U 4350 0 Ln 2300 ll�o o w� Its I MAJOR ARTERIAL --------- MINOR ARTERIAL COLLECTOR –———— NEW COLLECTOR 1200 EXISTING (1996) ADT 1400 PROJECTED (2010) ADT A 350 13 41Westwood Lake Office Scott County Courthouse WSBProJe No 1049.03 Dale.JanuiYy21 1997 eaa�Wayzata boulevard wsBMinnespohs,MN 55428 Transportation Plan /1111111111111111111111s 812-5414800 Collector System &A„ame,,IncFAX 541.1700 Altemative 2 \ INFRASTRUCTURE - ENGINEERS - PLANNERS City of Shakopee, Minnesota i LEVEE , s► C�lam" _V / ROOg L 4 2nd . -���+�B lt3 C:13 r,� 2nd la c = , 1St , 2_. il VIT• nd AVEC,r 81; .� ,Td • aI ,. .0".• AVE. j �C 80oC gai LI2 ::- 111 V----- AVE•C r--, , 41h65 p co 2nd �3td- N 5 0 iiiiIi 7 W• OW 0• C\� , \ OM oma I \IIIIc ' &a 6th AVE. r.t 1-j46 I,6th :. * �� \ jiii 1 leg 1 IC v• � s � - 7th a? 7F----' I C;85' ��� �J VE•C . 4410 C ' 8th CC �� �C ,� 110111----1 �, C- C C CO \ C� ��E!C Q \ C ptiiSTATE ` \� '\ stb C , `� ST I o�Sim OP ( �C \\SHA', OP . PI EE REFORM. Q ��,� � �, L— FOR 3 `o ° w2 gill l ' AVE. WOMEN I ° a v� rA 10th _ ai� cn d`1I Q - AVE.-I E--- --- - ----1 _--__ -------7-70.-------1--- --- 1 � 1---1890 ---- -- 10500 1 a i )ii [ .175 J 5 13900 t v' 0.10 l rt o/ Ew +te / AVE. � ST E. L -W THOMAS A i . O el—G- o av4 HENNES �y�O 0 • 0 e rt 0 LC ,,,1.___14 W a MENxE •VE. M el x 0, .0 ; I YI E - AVE. co't r WESTWIND -- MONNENS oc,1 in O MINT A ; 0D ..---� 6�� X�MEST 7zto CIR RIts-G _____________----------4 ::::7,..:"--' ,,.., /kir- DR 1200 0 lO co 2300 E 4350 2 0 04 X MAJOR ARTERIAL --------- MINOR ARTERIAL COLLECTOR -———— NEW COLLECTOR 1200 EXISTING (1996) ADT 1400 PROJECTED (2010) ADT VJSB Project No. 1049.03 Date:January 21 A 350 Westwood Lake Office 8441 Wayzata Boulevard Scott County Courthouse SB 1997 Mirneapols,MN 55428 Transportation Plan 4111111111111111- 612-641.4800 Collector System &Associates,Inc. FAX 541.1700 Alternative 3 \NFRASTRUCTURE - ENGINEERS - PLANNERS City of Shakopee, Minnesota St. IsTathatir IarkTont/nullity �:; poi / January 14, 19971 1 illn Dear Members of the Shakopee City Council, The Church of St. Mark vehemently opposes the closing and narrowing of streets around the proposed Scott County courthouse and jail. We are not opposed to placing these buildings on individual blocks, connecting them by tunnels or elevated ramps. The closing and narrowing of these streets around said buildings, however,would have profound negative impact upon the Church of St. Mark,the SACS elementary school and the SARE religious educational program. 1. The safety of our school children would be jeopardized by this plan. With the closing of Fuller and Atwood between 4th and 5th Avenue,the traffic on Scott Street would triple. This threefold traffic increase would go right past our elementary school. We already consider Scott Street very dangerous because drivers, speeding northward, cannot see over the crest of the hill at 4th Street. When drivers cannot use Fuller or Atwood, their frustrations will push them to speed all the more. Because of increased enrollment with the growth of Shakopee, the elementary school, for needed youth exercise and recreation, has had to start using again our lots northwest of Atwood and 4th as a school playground. Increasing the traffic on Scott Street will only make going to that playground all the more dangerous. There are currently 400 students in the Head Start program, Pre-Kindergarten, Kindergarten and grades 1-5 coming and going to classes and recreation from that buildings during regular class hours. With teachers, staff and parents,that figure increases to 550. In addition, on Wednesday afternoon--during the period -- more of rush hour traffic there are more than 400 elementarystudents, 75 volunteer and many parents that are coming and going to that building. The entire area around that school is already very congested, and for years we have had in place very specific regulations about the movement of children and parents in and out of that area. Increasing the traffic flow upon Scott Street by closing Fuller and Atwood would seriously jeopardize the safety of the students, teachers and parents at SACS elementary school and the SARE religious education program. 2. Reduced accessibility to St. Mark's Church will obstruct and discourage church attendance and the practice of religion. The closing of Fuller and Atwood Streets and the narrowing of Fourth Avenue boxes St. Mark's in. St. Mark's is the largest religious congregation in Shakopee with average church attendance last year of 1,296 people each week. Most of these people live south and east of our church, and they would have to go out of their way to get around the proposed unified county campus. Location and ease of vehicle accessibility are very important to people today. Boxing in St. Mark's church and St. Mark's parish center will reduce participation in our many family and parish activities.At a time when the people of America are encouraging renewal of traditional family and religious values, it seems inappropriate for the county to erect barriers making it harder for families to get to church and religious activities. Reduced accessibility means reduced attendance,which means reduced income, which means reducing our school and social programs. In the long-run that will mean that the city and county will have to increase their own school and social programs to compensate for the reduction of these programs which St. Mark's no longer will be able to afford. That is, reduced accessibility will mean a reduction of St. Mark's educational and social services to the Shakopee community and a subsequent increase in taxes for all local residents in order to compensate. 3. Where will the future east and southeast fire truck route be? Of grave concern to us is the long-term consequences of narrowing down Fourth Avenue between Holmes and Atwood. 4th ' Avenue is currently the route that fire trucks take when answering firecalls east and southeast from their Scott Street firehouse. However, if Fourth Avenue is narrowed,fire trucks will have to find an alternate route. Which way? First Avenue?Too busy. Second Avenue?Too narrow. Fourth Avenue? It will be too narrow. Fifth Avenue and beyond?These are not through-streets. 3511 $txtxtil cikt£vao' *rut. $tiak pE>e, AN 55373-1235 (612) 445-1229 So, if Fourth Avenue is narrowed,where will the fire trucks go?There will then be only one through-route—3rd Avenue.And this would have profound influence on the SACS elementary school,the SARE religious education program and upon the programs of St. Mark's parish. Currently the youngest SACS students exercise in the playground north of the school. For years SACS has had permission to chain off this street for the safety of our smallest students. When 3rd Avenue becomes the only through firetruck route, those safety barriers would be removed, jeopardizing our youngest elementary students. 3rd Avenue is also where buses pick up SACS students at the end of the school day. We are concerned about what might happen if a fire response occurred at the same time. Concerning our religious education program-- because of the large number of students attending religious education classes on Wednesday afternoon,we must accommodate them in three sessions. The place where the students gather to play and wait for their next session is the playground across 3rd Street from the school--which would become the firetruck route if 4th Avenue is narrowed. Furthermore, during the summer 3rd Avenue is the street upon which St. Mark's for years has held its annual parish festival,the Julifest. With 4th Avenue narrowed and 3rd Avenue the only available firetruck route, St. Mark's would be prohibited from having its traditional parish festival there. This parish festival is not only a major fund raiser for the parish, it is a vitally important activity for socially uniting the people of our parish and our community. Consequently,the narrowing of Fourth Avenue in the long run would further jeopardize the safety of our SACS students and of our SARE religious education students as well as have a large negative impact upon the financial and social needs of St. Mark's parish. As was said above, St. Mark's has no difficulty with Scott County keeping the County Building where it is and putting the future County Court House and future County Jail on successive blocks, connected by tunnels and/or elevated ramps. However,we vehemently oppose the plans to close and/or narrow Fuller Street,Atwood Street and 4th Avenue. The reasons for a unified county campus are primarily aesthetic unity and the saving of a few steps by county administrators. These values hold little weight against the jeapardization of the safety of 550 children,teachers and parents in the SACS elementary school, the safety of 650 different children,teachers and parents of the SARE religious education program as well as the discouragement and negative financial and social impact these road closings will have upon the parish life of the 3,824 Catholics of the parish of St. Mark. If the architects of this county building complex are worth the money being paid them,they should be able to come up with an aesthetically pleasing plan-that does not close or narrow streets or jeopardize the safety of our children and the vitality of one of the oldest and largest institutions in Shakopee. Sincerely yours, '► 74J477( / Fr. William F. Stolzman Pastor of the Church of St. Mark /(00-60741c, 0 _. - / /. Dawn McQuillan, Chairperson of St. Mark's Pastoral Council 9. a. CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Part II Minnesota Investment Fund Application on Behalf of ADC Telecommunications, Inc. MEETING DATE: January 21, 1997 Introduction: Staff has prepared a Part II application for $250.000.00 in Minnesota Investment Funds (MIF) to be provided as a loan to ADC Telecommunications, Inc. In order for MIF applications to be considered complete, and for the DTED to formally act on the application, a formal public hearing is required, as well as the submittal of a sponsorship resolution. Alternatives: 1. Approve Resolution No. 4593 authorizing application for Minnesota Investment Funds. 2. Do not approve Resolution No. 4593 3. Continue the request for additional information from the applicant and/or staff. Action Requested: Offer and pass a motion approving Resolution No. 4593, authorizing application for Minnesota Investment Funds. R. Michael Leek Community Development Director RESOLUTION NO. 4593 A RESOLUTION OF THE CITY OF SHAKOPEE AUTHORIZING APPLICATION TO THE MINNESOTA DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT(DTED) FOR MINNESOTA INVESTMENT FUNDS FOR ADC TELECOMMUNICATIONS, INC. WHEREAS, the City of Shakopee has reviewed ADC Telecommunications proposed manufacturing facility and request for assistance; and WHEREAS, the City has previously submitted a Part I application for Minnesota Investment Funds and now wishes to submit a Part II application. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA AS FOLLOWS: 1. That the City of Shakopee act as legal sponsor for the project contained in the Business and Community Development Application to be formally submitted, and that the Community Development Director is hereby authorized to apply to DTED, for funding of this project on behalf of the City of Shakopee. 2. That the City of Shakopee has the legal authority to apply for financial assistance and the institutional, managerial, and financial capability to ensure adequate construction, operation, maintenance and replacement of the proposed project for its design life. 3. That the City of Shakopee has not incurred any costs and has not entered into any written agreements for the purchase of property for the proposed project. 4. That the City of Shakopee has not violated any Federal, State, or local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice. 5. That upon approval of the application by DIED on behalf of the State of Minnesota, the City of Shakopee may enter into an agreement with the State of Minnesota for the above-referenced project, and that the City of Shakopee certifies that it will comply with all applicable laws and regulations as stated in all contract agreements and described on the Compliances Section of the Business and Community Development Application. 6. As applicable, that the City of Shakopee has obtained credit reports and credit information from ADC Telecommunications, Inc. Upon review by the City of Shakopee and its legal counsel, no adverse findings or concerns regarding, but not limited to, tax liens,judgments, court actions, and findings with state, federal and other regulatory agencies were identified. Failure to disclose any such adverse information could result in revocation or other legal action. 7. That the City Administrator is hereby authorized to execute such agreements as are necessary to implement the project on behalf of the City of Shakopee. 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 PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee, MN 55379 IbM. CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Definition of Office Showroom DATE: January 14, 1997 INTRODUCTION: At its November 7, 1996 and January 9, 1997, meetings the Planning Commission reviewed a proposed text amendment regarding the definition of office showroom. Last year the City had approved a PUD(Canterbury Park 2nd)which allows such uses with a conditional use permit. However,the use was not defined in the Zoning Ordinance. A copy of the November 7, 1996, and January 9, 1997,Planning Commission staff memos have been attached for your reference. At the January 9th meeting,the Planning Commission recommended approval of the text amendment as proposed to the City Council. ALTERNATIVES: 1. Approve the text amendment, as proposed. 2. Revise the text amendment, and approve subject to the revisions. 3. Do not approve the text amendment. 4. Table action on this item and request additional information from staff. PLANNING COMMISSION RECOMMENDATION: The Commission recommended the approval of the text amendment, as proposed(No. 1). ACTION REQUESTED: Offer Ordinance No. 474, and move its approval. 7 ;2, e R. Michael Leek Community Development Director i:\commdev\cc\1997\cc0121\txamoff.doc TXAMOFF.DOC/RML 1 ORDINANCE NO. 474 AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CHAPTER 11, ZONING, BY ADDING A DEFINITION OF"OFFICE SHOWROOM" THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That City Code Chapter 11, Zoning, Section 11.02. (Definitions) is hereby amended by adding a new no. 80 and renumbering subsequent entries. The proposed amendment to City Code Section 11.02. Definitions, would read as follows; 80. "Office Showroom"- A facility in which the handling of information or the performing of administrative services is conducted as a principal use; including services provided to persons both on-site and off-site on a walk-in or appointment basis. Up to 25% of the gross floor area of the structure may be used for the display of merchandise and equipment, and its sale to a customer where delivery of purchased merchandise is made directly to the ultimate consumer from a warehouse. Section 2 -Effective Date. This ordinance becomes effective from and after its passage and publication. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1997. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee, MN 55379 TXAMOFF.DOC/RML 2 /1 . 43. CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner I SUBJECT: Text Amendment Regarding Open Space for Planned Unit Developments DATE: January 21, 1997 DISCUSSION At its November 7, 1996 and January 9, 1997, meetings the Planning Commission reviewed a proposed text amendment regarding the definition of open space with regard to planned unit developments(PUD). Section 11.50 of the City Code regulates Planned Unit Development (PUD) Overlay Zones. A portion of Subd. 4.A of Section 11.50 states the following: "Open space: A planned unit development which includes dwellings shall provide at least twenty (20)percent of the project area as open space. If the planned unit development is to be developed in phases, the applicant must provide the required open space proportional to the land area in each phase. Open space is a landscaped area or areas available for the common use of the residents or occupants of the buildings within the planned unit development. Open space does not include any impervious surface areas. " Staff is proposing an amendment to Section 11.50, by deleting the portion of Subd. 4.A noted above and by adding the following as new B. and relettering all subsequent entries: "Open space: A planned unit development which includes dwellings shall provide at least twenty (20)percent of the project area as open space. If the planned unit development is to be developed in phases, the applicant must provide the required open space proportional to the land area in each phase. Open space is a landscaped area or areas available for the common use and accessible by all residents or occupants of the buildings within the planned unit development. Open space does not include any impervious surface area or areas which would fall within the required setback areas of the underlying zoning district. The developer shall be required to submit, along with the PUD site plan, an open space plan illustrating the use and/or function of the open space area or areas. The open space plan shall include any proposed improvements and/or design of the open space area." A copy of the January 9, 1997,Planning Commission staff memo has been attached for your reference. At this meeting, the Planning Commission recommended approval of the text amendment, as proposed, to the City Council. ALTERNATIVES 1. Approve the text amendment, as proposed. 2. Revise the text amendment, and approve subject to the revisions. 3. Do not approve the text amendment. 4. Table action on this item and request additional information from staff. PLANNING COMMISSION RECOMMENDATION The Planning Commission has recommended the approval of the text amendment, as proposed. (Alternative No. 1). ACTION REQUESTED Offer Ordinance No. 472, and move its approval. / • • (Julie Kli a Planner I i:\commdev\c61997\cc0121\txamopsp.doc ORDINANCE NO. 472 AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CHAPTER 11, ZONING, TO AMEND A DEFINITION OF "OPEN SPACE". THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That City Code Chapter 11, Zoning, Sec. 11.50. Planned Unit Development Overlay Zone, Subd. 4. Design Standards is hereby amended by deleting the following entry. "Open space: A planned unit development which includes dwellings shall provide at least twenty(20)percent of the project area as open space. If the Tanned unit development i s to be developed ed in bases P P p phases, applicant must provide the required open space proportional to the land area in each phase. Open space is a landscaped area or areas available for the common use of the residents or occupants of the buildings within the planned unit development. Open space does not include any impervious surface areas. " and by adding new B., as set forth below, in its place, and relettering all subsequent entries. B. "Open space: A planned unit development which includes dwellings shall provide at least twenty(20)percent of the project area as open space. If the planned unit development is to be developed in phases, the applicant must provide the required open space proportional to the land area in each phase. Open space is a landscaped area or areas available for the common use and accessible by all residents or occupants of the buildings within the planned unit development. Open space does not include any impervious surface area or areas which would fall within the required setback areas of the underlying zoning district. The developer shall be required to submit, along with the PUD site plan, an open space plan illustrating the use and/or function of the open space area or areas. The open space plan shall include any proposed improvements and/or design of the open space area. " Section 2 - Effective Date. This ordinance becomes effective from and after its passage and publication. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 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: Shakopee Planning Commission FROM: Julie Klima, Planner I SUBJECT: Text Amendment Regarding Open Space for Planned Unit Developments DATE: January 9, 1997 INTRODUCTION At the November 7, 1996, Planning Commission meeting, staff proposed a revision to the City Code regarding the definition of open space with regard to Planned Unit Developments (PUD). At this meeting, the public hearing was continued to the December 5, 1996, Planning Commission meeting. At the December meeting, the public hearing was continued to the January 9, 1997, meeting, in order to allow staff to review new information that had been provided by Dahlgren, Shardlow, and Uban (DSU) on behalf of Valley Green Business Park. DISCUSSION Section 11.50 of the City Code regulates Planned Unit Development (PUD) Overlay Zones. Subd. 4.A of Section 11.50 states the following: "Open space: A planned unit development which includes dwellings shall provide at least twenty(20)percent of the project area as open space. If the planned unit development is to be developed in phases, the applicant must provide the required open space proportional to the land area in each phase. Open space is a landscaped area or areas available for the common use of the residents or occupants of the buildings within the planned unit development. Open space does not include any impervious surface areas. " Staff is proposing the following amendment to Section 11.50, Subd. 4.A: "Open space: A planned unit development which includes dwellings shall provide at least twenty(20)percent of the project area as open space. If the planned unit development is to be developed in phases, the applicant must provide the required open space proportional to the land area in each phase. Open space is a landscaped area or areas available for the common use and accessible by all residents or occupants of the buildings within the planned unit development. Open space does not include any impervious surface area or areas which would fall within the required setback areas of the underlying zoning district The developer shall be required to submit, along with the PUD site plan, an open space plan illustrating the use and/or function of the open space area or areas. The open space plan shall include any proposed improvements and/or design of the open space area." Please review the staff memos dated November 7, and December 5, 1996, for additional information. Staff has spoken with several other local communities to inquire about their requirements for open space in residential PUD's. The following information was obtained: Chaska: requires 1,000 square feet of land for open space for each single family attached unit and 400 square feet of land for open space for each multiple family unit. Savage: same requirements as Chaska. Chanhassen: operates with a"hard surface coverage" maximum rather than an open space minimum. Low or medium density residential has a hard surface coverage of 30%. High density residential has a hard surface coverage of 50%. Individual lots within the PUD can exceed these standards as long as the average meets the standard. Prior Lake: requires 20% of the gross area to be designated for open space. All of these communities require a 10% land or cash equivalent for park dedication purposes in addition to the open space requirement. None of the communities provide a mechanism for credits to the open space requirement. ALTERNATIVES 1. Recommend the proposed amendment to the City Council as presented. 2. Recommend the proposed amendment with revisions. 3. Do not recommend the proposed amendment to the City Council 4. Table the matter for additional information. ACTION REQUESTED Direction from the Commission regarding the proposed amendment. • .i/( / /Julie Klima Planner I i:\commdev\boaa-pc\19 97\j an09\txtopsp.doc iitzoiao 17:15 ZSE312 337 5601 DSU, INC. Z002/003 D1 11_,GRl.:.i V SLARDLOWNT ANDUBA\ rI) 1r INCORPORATED �iJ';,1V 2 7 1996 CONSULTING PLANNERS LANDSCAPE ARCHITECTS 300 FIRST AVENUE NORTH SUITE 210 MINNEAPOLIS, MN 55401 612.339.3300 PHONE 612.337.5601 FAX MEMORANDUM DATE: November 26, 1996 TO: Michael Leek,City of Shakopee FROM: Philip Carlson,AICP,Dahlgren, Shardlow,and Uban,Inc. RE: Proposed PUD Open Space Standards I have reviewed the memo from Julie Klima to the Planning Commission regarding possible changes to the open space standards in the PUD Code. As planners for Valley Green Business Park we are interested in the standards that will be applied,since the East Dean Lake area of Valley Green's land will be part of a very handsome residential PUD very soon. We welcome the discussion about open space standards, but I want to make sure we understand the direction the City might take and that we have the opportunity to discuss and clarify certain issues which are of importance to us. First is the question of the amount of open space being required. While the memo does not recommend a change in this percentage,there is mention of changing the definition of what would qualify as open space. Valley Green's East Dean Lake area,by the way,will easily meet the 20%standard(actually over 45%open space in the latest sketch plan),but we want to put the question into perspective. As you are no doubt aware, Shakopee's open space standard for residential PUDs is the most generous we could find in a brief review of Twin Cities suburban communities. Some examples of open space requirements: Eden Prairie: 10%; same ratio for PUDs as for other residential development. Minnetonka: 10%of gross project area for private recreational use,including swimming pools,trails,natural areas,tot lots and saunas. Bloomington: 10%for all residential projects. Roseville: 10% for all residential projects. Woodbury: 10%for all residential projects. — Cottage Grove: 10% for all residential projects. • Hastings: Sliding scale for"PID"residential: 9% for projects under 2 units/acre, up to 15% for projects 6- 10 units/acre Burnsville: The City no longer requires land dedication,only cash. • Many other communities, including Plymouth, Maplewood, and Shoreview simply indicated there is no difference in the way open space is treated in PUDs vs. standard residential projects. 11/40/00 1 t :to QUIZ 441 51fu1 DSU, INC. Q003/003 Michael Leek City qy,,nakopee 11/26/96 2 The second question involves the setback areas. The suggested Code language would not include setback areas to be counted in the open space calculation. The front and rear setbacks in the City's residential zoning districts(not including Rural Residential)are 30 to 40 feet. A linear open space corridor could be included in a residential PUD that would include pedestrian and bicycle trails,play areas,natural areas,and other features,but only be 60 to 80 feet wide. This kind of"linear park"is gaining popularity. As we understand the proposed language,this entire corridor might be within the designated setback areas and would not be allowed as open space. This does not seem reasonable. The third question involves the"use and/or function"of the open space as suggested in the proposed standard. If there is a park dedication requirement which the City wants to put to a specific use, such as a ballfield,playground,or other recreational area,we would agree that a"use or function"should be assigned. Typically,this would involve 10%or less of the land in question. To require the full 20%to have a specific use or function would defeat the purpose of an environment like the Dean Lake Area, where access or views to wild,natural,"purposeless"land(the wetland area surrounding Dean Lake)is one of the main selling points of the neighborhood. We are very cautious about trying to define too carefully the use of open space or green area. If there is a specific abuse of this provision that is involved here,let us try to address it,otherwise we would urge a broad interpretation of open space. The communities surveyed above do not have similar restrictions. The point we want to make is that the open space requirement is already very substantial compared to many other communities. Tightening the definition so that more open space is required to meet the PUD standard could be unreasonable. In other words,20%open space might not be 20%as required by the Shakopee Code. The City already has considerable discretion over the granting of PUDs. If there is a concern that a specific plan is not meeting the intent of the open space provision or a gimmick is used to circumvent the process,this can be pointed out during the review and approval process,and changes made. But adopting specific Code language requiring a use or function to be assigned to all open space may defeat the very purpose of open space and planned unit developments. cc: Jon Albinson 0 • CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima, Planner I SUBJECT: Text Amendment Regarding Open Space for Planned Unit Developments DATE: November 7, 1996 INTRODUCTION During the recent past, Shakopee has experienced what staff views as an increase in the number of Planned Unit Development (PUD) requests. Due to this increase and the anticipation of this trend continuing, staff is proposing some revisions to the PUD portion of the Shakopee City Code. DISCUSSION Section 11.50 of the City Code regulates Planned Unit Development (PUD) Overlay Zones. Subd. 4.A states the following: "Open space: A planned unit development which includes dwellings shall provide at least twenty(20)percent of the project area as open space. If the planned unit development is to be developed in phases, the applicant must provide the required open space proportional to the land area in each phase. Open, space is a landscaped area or areas available for the common use of the residents or occupants of the buildings within the planned unit development. Open space does not include any impervious surface areas. " This discussion of open space leaves some questions unanswered. For instance, whether or not the use of private yards in open space calculations is allowed and what functions the open space is supposed to serve. One of the purposes of the proposed amendment is to clarify some of these unanswered questions. Staff believes that the spirit and intent of the open space requirement is primarily, to provide area that can be easily accessed by all inhabitants of the project area that can be used for passive or active recreation and secondly, to provide aesthetic separation within the development. It is difficult to contend that areas surrounding individual dwelling units (even when these areas are held in common ownership) serve the primary spirit and intent of the open space requirement. The City Code, at the current time, does not address any requirements for the twenty (20) percent area, other than it must be open. However, if the intent for the open space is that it be used, either passively or actively by the residents, it may be necessary for staff and/or Planning Commission/City Council to review the proposed use of the open space to ensure that its function is being met. Therefore, staff is proposing the following amendment to Section 11.50, Subd. 4.A: "Open space: A planned unit development which includes dwellings shall provide at least twenty (20)percent of the project area as open space. If the planned unit development is to be developed in phases, the applicant must provide the required open space proportional to the land area in each phase. Open space is a landscaped area or areas available for the common use and accessible by all residents or occupants of the buildings within the planned unit development. Open space does not include any impervious surface area or areas which would fall within the required setback areas of the underlying zoning district. The developer shall be required to submit, along with the PUD site plan, an open space plan illustrating the use and/or function of the open space area or areas. The open space plan shall include any proposed improvements and/or design of the open space area." ALTERNATIVES 1. Recommend the proposed amendment to the City Council as presented. 2. Recommend the proposed amendment with revisions. 3. Do not recommend the proposed amendment to the City Council 4. Table the matter for additional information. ACTION REQUESTED Direction from the Commission regarding the proposed amendment. —10 / /Julie Klima Planner I Note: Text in bold is language which is being added. i:\commdev\boaa-pc\1996\octO3pc\txtopsp.doc ID C . CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner I SUBJECT: Stone Meadow Planned Unit Development DATE: January 21, 1997 DISCUSSION: Residential Development, Inc. has submitted an application for approval of Stone Meadow Planned Unit Development (PUD). The subject site is located west of Tahpah Park and north of the Shakopee Bypass, and is zoned Urban Residential (R-1B). The PUD proposes the construction of multi-family dwellings. The total site area is 39.244 acres. A copy of the January 9, 1997, memoranda to the Planning Commission has been attached for your reference. At its January 9, 1997,the Planning Commission recommended approval of the PUD to the City Council, subject to the conditions provided in the memoranda. ALTERNATIVES: 1. Approve Stone Meadow Planned Unit Development, subject to conditions. 2. Do not approve Stone Meadow Planned Unit Development. 3. Table action on this item, and request additional information from staff and/or the applicant. PLANNING COMMISSION RECOMMENDATION: The Planning Commission has recommended the approval of Stone Meadow Planned Unit Development(Alternative No. 1). ACTION REQUESTED: Offer Ordinance No. 473, and move its approval. / Julie Klima i:\commdev\cc\1997\cc0121\pudstmw.doc Planner I ORDINANCE NO. 473 AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING THE ZONING MAP ADOPTED IN CITY CODE SEC. 11.03 BY REZONING LAND COMMONLY KNOWN AS THE PROPERTY WEST OF TAHPAH PARK AND NORTH OF THE SHAKOPEE BYPASS, FROM URBAN RESIDENTIAL(R-1B) TO PLANNED UNIT DEVELOPMENT OVERLAY ZONE NO. 11. WHEREAS, Residential Development, Inc. and the owner of the land described on Exhibit A, commonly known as the property west of Tahpah Park and north of the Shakopee Bypass, has submitted an application requesting rezoning from Urban Residential (R-1B) to Planned Unit Development Overlay Zone No. 11; and WHEREAS, notices were duly sent and posted, and a public hearing held on November 7, 1996, and continued on December 5, 1996, and January 9, 1997, at which time all persons present were given an opportunity to be heard; and WHEREAS, the Planning Commission voted to recommend approval of the rezoning request to the City Council. NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA HEREBY ORDAINS; Section 1 - That the zoning map adopted in City Code Sec. 11.03 is hereby amended by rezoning land described on Exhibit A, commonly known as the property west of Tahpah Park and north of the Shakopee Bypass, from Urban Residential (R-1B)to Planned Unit Development Overlay Zone No. 11. Section 2 - That all provisions of City Code Chapter 11, Zoning, shall apply to this zone, except as modified below; Section 3 - The following procedural actions must be taken: 1. The perpetual maintenance of all open space/outlot areas shall be provided for by a Homeowners Association, in a form approved by the City Attorney. 2. The Planned Unit Development shall provide a minimum of twenty(20) percent (7.85 acres) of open space. Open space shall be common areas that can be accessed and utilized by all residents of the development. 3. Townhome construction is allowed on the subject site. These dwelling units shall be constructed with a minimum of two (2) and a maximum of eight (8) units per structure. 4. The maximum density allowed for the project is 6.04 dwelling units per acre, excluding right-of-way. 5. Guest parking areas shall be constructed in accordance with the requirements of the Shakopee City Code. 6. As part of the preliminary plat application submittals, the applicant is required to submit a storm water management plan. The ponding areas shown on the PUD drawings submitted are approved, only if they are sized appropriately to meet these requirements. 7. Prior to the preliminary plat submittals, the alignment for Vierling Drive shall be reviewed with staff to determine if the west end needs to be revised. 8. Storm water trunk charges will be paid by the developer at the time of Final Plat, as required by the adopted policy. 9. The following criteria will be used for the final private street/driveway layout and design: • Private driveway: Defined as a"no outlet" access, with the primary purpose of serving more than two units. If over 150 feet long , then a turn-a-round is required (cul-de-sac, hammerhead, etc.) Minimum width of 28 feet (face to face of curb) with parking on one side; or 36 feet with parking on both sides. Must be less than 500 feet long. Minimum setback from back of curb is 20 feet. Private driveways will not be turned over to the City in the future. • Private street: Defined as an access for units with more than one access. Minimum width of 28 feet (face to face of curb) with parking on one side; or 36 feet with parking on both sides. Minimum setback from back of curb is 15 feet. Minimum 7 ton design. Private streets will not be turned over to the City in the future. • Private street jogs: Private street jogs (intersections less than 150 feet apart) will not be allowed. 10. As part of the preliminary plat, the applicant must provide an access to the proposed expansion area of Tahpah Park, at Presidential Lane. 11. The developer shall be required to comply with the requirements of the Minnesota Department of Transportation(MNDOT). 12. The Landscape Plan shall be revised to meet the requirements of the Shakopee City Code. 13. A development agreement stating the conditions of approval must be filed with the Scott County Recorder. Section 4 - Effective Date. This ordinance becomes effective from and after the date of its publication. Passed 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 Prepared by: The City of Shakopee 129 Holmes St. S. Shakopee, MN 55379 Published in the Shakopee Valley News on the day of , 1997. EXHIBIT A The South Half(1/2) of the Southwest Quarter(1/4), Section 11, Township 115, Range 23, except the portion thereof platted as Davies Addition and Davies 2nd Addition, and except that part of the South Half(1/2) of the Southwest Quarter(1/4) of Section 11, Township 115 North, Range 23 West, shown as Parcel 43A on Minnesota Department of Transportation Right-Of-Way Plat Numbered 70-16 as the same is on file and of record in the Office of the County Recorder in and for Scott County, Minnesota; AND The Southwest Quarter (1/4) of the Southeast Quarter(1/4) of Section 11, Township 115 North, Range 23 West, Scott County, Minnesota, Except that part shown as Parcel 49 on Minnesota Department of Transportation Right of Way Plat No. 70-15 as on file and of record in the Office of the County Recorder in and for said County. CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima, Planner I SUBJECT: Stone Meadow Planned Unit Development (PUD) DATE: January 9, 1997 SITE INFORMATION Applicant: Residential Development, Inc. Location: West of Tahpah Park, north of the bypass and south of 13th Avenue Current Zoning: Urban Residential(R-1B) Adjacent Zoning: North Urban Residential (R-1B) South Shakopee Bypass Right-of-Way East Urban Residential (R-1B) West Shakopee Bypass Right-of-Way INTRODUCTION Residential Development, Inc. has submitted an application for approval of Stone Meadow Planned Unit Development (PUD). The subject site is located west of Tahpah Park and north of the Shakopee Bypass, and is zoned Urban Residential (R-1B) (Please see Exhibit A). The 1995 Comprehensive Plan guides this area for Medium Density Residential use. The Planning Commission reviewed the concept plan for this proposal at its September 5, 1996, meeting. At its November meeting, the Planning Commission opened the public hearing for this request. The result of the November meeting was a continuation of the public hearing to the December meeting of the Planning Commission and direction to the applicant to reduce the density of the project and increase the amount of open space. At its December meeting, the Planning Commission, at the request of the applicant, continued the public hearing to the January 9, 1997, meeting. The proposed planned unit development has been revised to contain 203 multi-family dwelling units(the original submittal proposed 211 multi-family dwelling units). These units range from structures with two (2)to eight(8)units. The size of the subject site is 39.244 acres for a density of 6.04 dwelling units per acre(Please see Exhibit B). The applicant has submitted a cover letter describing the project and a memo discussing the revisions. These correspondences have been attached as Exhibits C and D. CONSIDERATIONS 1. The purpose of the Planned Unit Development Overlay Zone (PUD) section of the Zoning Ordinance is "to encourage innovation, variety, and creativity in site planning and architectural design; to maximize development compatibility to encourage the planning of large parcels of land as a unit; to provide for greater efficiency in the use of land, streets, and energy; to protect important natural and cultural landscape features; to preserve open space; and to provide quality living, working, shopping, and recreating environments for residents and visitors". 2. The draft 1995 Comprehensive Plan has designated this area for medium density residential development. Medium density, as defined by the Zoning Ordinance, allows for a minimum of 5 and a maximum of 11 dwelling units per acre, excluding right-of- way. 3. The City Code allows Planned Unit Developments a 25% increase in density over the density allowed in the underlying zone. The underlying zone for this project is Urban Residential (R-1B) which allows a maximum density of 5 dwelling units per acre excluding right-of-way. Adding on the 25% density increase would allow a maximum density of 6.25 dwelling units per acre for this development. The applicant is proposing a density of 6.04 dwelling units per acre. 4. Section 11.50, Subd. 4 requires that a PUD designate 20% of the project area as open space. Open space is common area that can be accessed and utilized by all residents within the development. Open space shall not include any impervious surface(such as ponding or drainage areas). The developer has indicated that 20.16% of the gross area or 7.91 acres have been designated as open space. The applicant has submitted a drawing illustrating the areas of the project used to calculate open space. This drawing has been attached as Exhibit E. 5. The applicant has not requested any variances to the Zoning Ordinance for this development. _ 6. The Building Official has commented that individual sewer and water service are required for individually owned units unless the units are condominiums. He has also commented that utility service and building location codes are reviewed at time of building permit application. 7. Park dedication information for this development will be addressed at the Preliminary Plat review stage. 8. The Engineering Department has reviewed the proposal and has provided comments that have been attached as Exhibit F. Staff has incorporated these comments into the conditions of approval. 9. The applicant has submitted a landscape plan for this development. Upon review of the landscape plan, the proposed number of landscape units meets the requirement of the Shakopee City Code. However, the size of the landscaping units does not meet the minimums outlined in the City Code. Therefore, revisions will need to be made to the landscape plan prior to being considered approved by the Community Development Director. 10. Sidewalk/trail construction shall be required along Vierling Drive, consistent with City policy. 11. The Fire Chief has commented that a review of a detailed water plan will be necessary. 12. Shakopee Public Utilities has commented water can be made available subject to the standard terms and conditions. Electric can be made available subject to the standard terms and conditions for Buildings 1 through 23 (excluding portions of Buildings 7 and 8). SPUC has noted that Buildings 24 through 34 , and portions of Buildings 7 and 8, are within Minnesota Valley Electric Cooperative territory. 13. The Police Department has commented that 26 foot wide access roads, with many curves, are inadequate for maneuvering emerging vehicles. The Fire Code, however, requires a 20 foot unobstructed width for access of emergency vehicles. 14. The Minnesota Department of Transportation (MNDOT) has provided several comments for this development. The developer has been provided with a copy of these comments and staff has incorporated these comments into the conditions of approval. STAFF RECOMMENDATION Staff recommends approval of Stone Meadow Planned Unit Development, subject to the following conditions: 1. Prior to review of the Planned Unit Development by the City Council, the applicant shall either provide proof of ownership of the property or shall obtain the property owners signature for the PUD application. 2. The perpetual maintenance of all open space/outlot areas shall be provided for by a Homeowners Association, in a form approved by the City Attorney. 3. The Planned Unit Development shall provide a minimum of twenty (20) percent (7.85 acres) of open space. Open space shall be common areas that can be accessed and utilized by all residents of the development. 4. Townhome construction is allowed on the subject site. These dwelling units shall be constructed with a minimum of two (2) and a maximum of eight (8) units per structure. 5. The maximum density allowed for the project is 6.04 dwelling units per acre, excluding right-of-way. 6. Guest parking areas shall be constructed in accordance with the requirements of the Shakopee City Code. 7. As part of the preliminary plat application submittals, the applicant is required to submit a storm water management plan. The ponding areas shown on the PUD drawings submitted are approved, only if they are sized appropriately to meet these requirements. 8. Prior to the preliminary plat submittals, the alignment for Vierling Drive shall be reviewed with staff to determine if the west end needs to be revised. 9. Storm water trunk charges will be paid by the developer at the time of Final Plat, as required by the adopted policy. 10. The following criteria will be used for the final private street/driveway layout and design: • Private driveway: Defined as a"no outlet" access, with the primary purpose of serving more than two units. If over 150 feet long, then a turn-a-round is required (cul-de-sac, hammerhead, etc.) Minimum width of 28 feet (face to face of curb)with parking on one side; or 36 feet with parking on both sides. Must be less than 500 feet long. Minimum setback from back of curb is 20 feet. Private driveways will not be turned over to the City in the future. • Private street: Defined as an access for units with more than one access. Minimum width of 28 feet (face to face of curb) with parking on one side; or 36 feet with parking on both sides. Minimum setback from back of curb is 15 feet. Minimum 7 ton design. Private streets will not be turned over to the City in the future. • Private street jogs: Private street jogs (intersections less than 150 feet apart) will not be allowed. 11. As part of the preliminary plat, the applicant must provide an access to the proposed expansion area of Tahpah Park, at Presidential Lane. 12. The developer shall be required to comply with the requirements of the Minnesota Department of Transportation (MNDOT). 13. The Landscape Plan shall be revised to meet the requirements of the Shakopee City Code. 14. A development agreement stating the conditions of approval must be filed with the Scott County Recorder. ALTERNATIVES 1. Recommend to the City Council the approval of Stone Meadow Planned Unit Development, subject to conditions. 2. Recommend to the City Council the approval of Stone Meadow Planned Unit Development, subject to revised conditions. 3. Recommend to the City Council the denial of Stone Meadow Planned Unit Development. 4. Table a decision in order to allow the applicant and/or staff time to provide additional information. ACTION REQUESTED Recommend to the City Council the approval of Stone Meadow Planned Unit Development, subject to conditions, and move its approval. / fr i /Julie Klima Planner I i:\commdev\boaa-pc\1997\jan09\pudstmw.doc Alliii - . • - ' . . - . ' . .., :. , Po,<.• 1 ' ',' ..•• smill.vellS'.7g; MIMI . - 'EXHIBIT A �. *It min: nom :41 - ' - as ,. , . . . )01/1 : ca A ' >�i. :® =` • / Li- Ns=mm�move MINE- �� Z. mg=wax ' -ran �� • sa <.. I .L.1"cssi�� , .is -7-e . ... • - / Fte - -®i m " ELF _ • 'gv .. .,,. . . .. . .. . .AN, l'--\11-.* • _,Ellin".. 45--•-• =Mi. --- - nu • ...,...4, ._.., .--„,...,13 seLra Ema-12 plavilValigal Nam Ell- z 1 -M • 4'% •• lit 1 ��lP3! J)$ -`••• •41• .rte© 3 in anal 1® .;�� ``�R' ,.y -i • ® ®n ® . ., ;,- ..�.' , ��� ;rrrr • �>u mitts°.aa�`.��®.t it . ® talo®:��$.��� - 7 . ._. -k ,+ ,, ..� u .. ,. }tch t r1. t �, EMIR . • 1 SUBJECT_ SITE> \ B _ `� - _ . web t� r..: tib_ 1`. . f _ A G L;nderlyinq Zones w _"' '.•. 17:6-1 Agriculture "' ; RR l Rural Residential :R1.1 Low Density Residential iR BI Urban Residential • . ' Old Shakopee Residentia 1 R2 1 Medium Density Resident ( R3 1 Multiple Family Residentic c • ( 61 1 Highway Business ''` 1 B2 1 Office Business i:- 1B3 1 Central Business , - }'`: 1 11 1 Light Industrial • 1 12 1 Heavy industrial Moor Recreation C'.erlay Zones '—S;s:crelcnd --_1-codpioin District • OCT 291996 October 24 , 1996 '�"""`----- EXHIBIT C Ms. Julie Klima City of Shakopee Planning Dept. 129 Holmes Street So. Shakopee, MN 55379-1351 Re: Stone Meadow Planned Unit Development (PUD) Dear Ms. Klima, Attached with this letter are the necessary drawings for the planned unit development application for a project that Residen- tial Development, Inc. (RDI) is proposing to the City of Shakopee. RDI is a local development company with over 20 years of experi- ence of land development within the Twin Cities Metropolitan area. RDI is looking forward to working in the City of Shakopee and de- veloping a long standing relationship. The homes will be built- by one builder, Park Grove Development Corporation. The property where the PUD is proposed is a 39 acre parcel that lies directly north of the new Shakopee bypass at the westward ex- tension of Vierling Drive just west of Tahpah Park and just south of 13th Avenue. Following is some information regarding this proposal: PROJECT OVERVIEW The total project will consist of 211 multifamily residential homes. After subtracting the public right-of-way acreage the density in the project-is 6.21 units per acre. Of the 211 units, 51 will be slab on grade two, three or four unit townhomes. The remaining units will also be slab on grade townhomes with eight units per building. The PUD approach is necessary because it is the only method by which a building of more than six units can be approved under the current zoning process in Shakopee. RDI had earlier looked at applying for a medium density R-2 zoning, which the property is guided for, along with a conditional use permit for build- ings of up to six units but the builder determined that this was not feasible, especially for the buildings that are adjacent to the Shakopee bypass. The project is proposed to be built in four phases, as shown on sheet five of the plans. The building setbacks for the project meet the requirements of the R1B district and no variances are requested at this time. HOUSING PROFILE Park Grove Development Corporation (Bright Keys Townhomes) is proposing to build two different residential home designs. The first home plan would consist of 8 unit 2-story buildings with 3 floor plans ranging in square footage from 1422 sq.ft. to 1453 sq.ft. Two and three bedroom homes will be available, all with 2-car garages, priced from the low $90's to $115,000. The typical buyer mix is single professionals, young couples and the empty nester from 40-60 years of age with a median in- come of $35-55,000. The second home plan will be single level townhomes consisting of 2, 3 or 4 homes per building from 1200-1400 sq.ft. finished with 2-car garages, back door access to patios or a porch. All homes will have 2 bedrooms and will be built on a slab. This type of home lends itself to predominately the empty nester market. The price range will be $115-135,000. The Mayfield Company market research indicated a great demand for these alternative housing styles in the Shakopee area. SITE PROFILE The buyer of a residence in Stone Meadow will own the land on which the unit is built on. All of the other property outside of the buildings is common area to all the residents. Sheet 4A of the drawings shows landscaped areas (that do not contain im- pervious area) for open space available to all of the residents. As is shown on this drawing this open space equates to 20% of the site which is required for a residential PUD. Vierling Drive will have a bike path on one side of the street and a concrete sidewalk on the other. No resident in Stone Meadow will be more than 400 feet from accessing the walk or trail on Vierling. Residential developments of this type are attractive to many buyers because the homeowners association will take care of all snow removal and lawn care. UTILITIES AND STREETS Except for Vierling Drive and Polk Street, which are proposed to be public right-of-way, Stone Meadow will have private roads 28 feet in width and meeting a 7 ton design. The minimum set- back to buildings from the private streets is 20 feet. The maximum length of any street without a turnaround is 150 feet or less. The private streets and building setbacks from those streets meet current City requirements. The ponding areas adjacent to MNDOT right-of-way meet NURP (Na- tionwide Urban Runoff Program) standards and have storage for the 100 year event according to watershed requirements. Be- cause these ponding areas lie adjacent to MNDOT right-of-way, the design of these ponding areas was coordinated with MNDOT. Again, RDI is looking forward to the opportunity to work with the City of Shakopee, and should you have any questions please don't hesitate to call. S' • er� y, �a Rick Murray, Pre=id-nt Residential Deve .pment, Inc. attachments HEDLUND EXHIBITc. Planning Engineering Surveying D December 24, 1996 M E M 0 To: Julie Klima, Shakopee Planning Dept. From: Randy Hedlund, Hedlund Engineering Re: Revised Stonemeadow PUD Submission Julie, Following are some points that should assist you in evaluating the revised plan set: 1. ) Eight units have been dropped from the previous submittal. The overall net density is now 6.03 U/A. (previously 6.27 U/A) . 2. ) Two club home units have been dropped from the block in the Northeast quadrant of the site (east of Polk Street, north of Vierling) abutting the existing single family homes. This now puts the density in that block just under 5.0 units/acre (4.99) which is allowable in R1-B zoning. The minimum rear setback to the clubho>nes in this block is now 75+ feet. Pre- viously the setback was 45 feet. 3. ) The eight unit courthomes in the Northwest quadrant block (west of Polk St. , north of Vierling) have now been changed to four unit clubhomes and a two unit clubhome. This results in six less units and a new density of 6.73 units/ac. The den- sity of the block of existing townhouses that abuts to the north is 10.09 units/ac. 4. ) The open space area of the new plan is actually 7.91 acres or 20.16% of the gross site. The text on the new plan reflects the previous submittal and inadvertently was not corrected to reflect the new plan. 5. ) The private roadways have all been revised to a 28 foot face to face of curb width (30 foot back to back of curb) . Previ- ously, the roadways were 24 foot face to face. - 6. ) As before, no variances are being requested. c.c. : Rick Murray, Residential Development Inc. 2005 Pin Oak Drive•Eagan, Minnesota 55122 •Telephone (612) 405-6600•Fax(612)405-8606 • • EXHIBIT F INTER-OFFICE MEMORANDUM TO: Julie Klima, Planner FROM: Joel Rutherford, Assistant City Engineer SUBJECT: Stone Meadow PUD DATE: October 25, 1996 After reviewing the referenced project, I have the following comments for the planning department and the applicant: Streets The applicant shows a transportation plan combining both public and private streets. The private streets are shown as being 26' back-to-back of curb. The city has not yet adopted standards for private"streets". Based on meetings with the Subdivision Review Committee where the issue of private streets have been discussed, I have suggested a minimum 28' (face-to-face of curb), with parking allowed on only one side of the street. Based on conversations with the Shakopee Police Department, a minimum of 32' (face-to- face; parking allowed on only one side)may be more desirable for safety. The drawings show Polk Street to be 36' back-to-back. Applicant should confirm the width of the existing Polk Street section north of this development. The proposed development includes one of the,few remaining segments of Vierling Drive. The proposed plan shows the connection of the existing Vierling Drive on the east side of the development, to a future Vierling Drive on the west side. As we have discussed, the Vierling Drive alignment shown on the drawings, near the west end of the development, made need to be revised because of setbacks to Arlington Ridge. The City's Parks Director has requested a connection be made for the future ballfields which are to be located within the property across the drainage ditch in the southeast corner of the development. It appears the best location for this access would be at the existing intersection of Vierling Drive and Presidential Lane. Sewer The drawings show limited information regarding the sanitary sewer. As indicated earlier, this area of the City will be required to be served with a lift station. Prior to final design of the sanitary sewer system, staff will work with the applicant to better analyze the sanitary sewer system necessary to serve this site. • • Water The proposed water will be reviewed by the Shakopee Public Utility Commission. Storm Drainage Ponding areas are shown on the drawings, along with a summary of the pond data. As part of the preliminary plat application, additional information will be required to show how the data was derived. The ponding areas shown may need to be adjusted if the additional information shows the sizing to be inadequate. The applicant has provide a wetland delineation of the site which indicates no wetlands exist on the property being developed. The City's newly adopted Storm Trunk Charge will apply to this site. Miscellaneous Because the subdivision abuts the 169/212 right-of-way,the plat will need to be reviewed by the state. MnDOT may require additional conditions and or permits for the project.The developer is responsible for submitting two copies of the preliminary plat,including the grading,drainage, and storm water management plan,to the following address: Local Government Liaison Supervisor Minnesota Department of Transportation-Metropolitan Division Waters Edge 1500 West County Road B2 Roseville, MN 55113 Recommendation Recommend approval of the PUD, subject to the following conditions: As part of the preliminary plat application submittals, the applicant is required to submit a storm waterr management plan. The ponding areas shown on the PUD drawings submitted are approved, only if they are sized appropriately to meet these requirements. Prior to the preliminary plat submittals, the alignment for Vierling Drive shall be reviewed with staff to determine if the west end needs to be revised. Storm water trunk charges will be paid by the developer at the time of Final Plat, as required by the adopted policy. Is 4 ,�;_; The following criteria will be used for the final Private Street/Driveway layout and design: Private Driveway. Defined as a"no outlet" access, with the primary purpose of serving more than two units. If over 150' long then a turn-a-round is required(cul-de-sac, hammerhead, etc.) Minimum width 28' (face to face of curb)with parking on one side; or 36' with parking on both sides. Must be less than 500' long. Minimum setback from back of curb is 20'. Will not be turned over to the City in the future. Private Street. Defined as an access for units with more than one access. Minimum width 28' (face to face of curb)with parking on one side; or 36' with parking on both sides. Minimum setback from back of curb is 15'. Minimum 7 ton design. Will not be turned over to the City in the future. Private Street Jogs. Private street jogs(intersections less than 150' apart)will not be allowed. As part of the preliminary plat, the applicant must provide an access to the proposed expansion area of Tahpah Park, at Presidential Lane. LLC .5 U 1996 ®4.10iw0. INTER-OFFICE MEMORANDUM TO: Julie Klima, Planner I FROM: Joel Rutherford, Assistant City Engineer SUBJECT: Revised Stone Meadow PUD Submission / DATE: December 30, 1996 After reviewing the materials submitted by the applicant for the above referenced project, I have the following additional comments: Streets The applicant has revised the private roadway street widths to 30 feet back to back of curb, and has added an access for Tahpah Park. I have discussed the Vierling Drive alignment with the applicant's engineer. 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SITE PLAN prepared by me or uneer my direct REMARKS DATE er o HEDL UND Registered end that I am o duly 1 PREPARED FOR: Registered Professional EnQIneer antler nEYiSIJf15 ?EP. C;Ti.0/24:3E :BN o P {� RESIDENTIAL DEVELOPMENT INC, the Lane of the State of AInneeoto. •,el1S Pn•11-9 ::;:vae ce„ N m PLANNING ENGINEERING SURVEYING v 15 CHOCTAW CIRCLE 9201 EAST BLOOMINGTON FREEWAY ' 40 CHANHASSEN, MN 55317 BLOOMINGTON,MINNESOTA 55420 ' .(612) 934-6238 PHONE: (812)888-0289 Randall C, Hedlund,Minn.No. 19576 • • it i L � i 1. \ ,\.,. k . 1 ~ ;0 a�0 ► ,'::?,':I �,I IfdIi ...',#,;,'„;,,'T's .\_\.�/ 4-~Ill 'J / , \\ 11 • 1 :gip, \. , .:•.// iilic•/4.''///' ' ';''''',4. ' V.M.i''::',.."•:,': : 1 ,,, ;.z.,,„ il f.:'..//k ,./.,•,,,,:., :,_as,,,; •-• I _Am if,,....i. • . l'oNi,---/ : ,, --,z..;;.---, .. •; :- ass if ,UV g ; I hJ , j: - I.j +0 /� �\., inti \.• . f 11 l': I (: : �o � � , �a � - �� L` =I-I� (� milli ....p..,, 't . 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CS rte 0 C) N N N°I td N 4..p N N v N y. :C 4 \\ \1t\ • tel -1 I°4.•-',.0 N°r• N &I•AN°r-'N O4.p . :n I \e\ \',\ • •P 0 AI :4.1s, .: u N N r3�V°,tPU(!IN?L° ,\ Y• Opp in to T A m W.4 N Wto W NN"on-.NA LI •t, I t.� `.,i Ln e y d9 N O ED D ID to 01 40 N O(cM o,to 3 I r r\ `•% " r t•L. , y�,� OII N 11 II II N II II 11 II II II N II 1 d T 11 •,1 . -- ^`�` `J m c. v.'.1 0 -I rn N NO, V WN0O cnNf.4 V V co A at UI COO)O,U of°,C,N N t.1 (nD O 010LOW UW O,OA r;0, m (11 V vvO1v WvvvV'P =.L ,. .o Fr J;: e 1.. .PEE`SI-1,,:FEE 9iEET TITLE: PREPARED 61.1 CFRTflCAIION: I hereby Certify that this P Ian woe REY190NS STONE MEADOW x prepay by me or under my direct REMARKS DATE eT OPEN SPACE PLAN supervision and that I om o duly o R'cYIS[•:P.i PER CITY 10/2e/Gr GBH 9 PREPAREo EOR: I7 �LIJM supervised of and that f qInger under 9g ° _ Q _C RESIDENTIAL DEVELOPMENT INC. the Lowe the State of Minnesota. f.31aq Nor t^.t•rllr Ili:a!9F ;En N 1 T, a 15 CHOCTAW CIRCLE PLANNING ENGINEERING SURVEYING 9201 EAST BLOOMINGTON FREEWAY CHANHASSEN, MN 55317 BLOOMINGTON,MINNESOTA 55420 (612) 934-6238 PHONE: (612)0b8-0489 Randall C. Hedlund, Minn.No. 10578 , CITY OF SHAKOPEF., //. /. Memorandum TO: Mayor and City Council FROM: Mark:McNeill., City Administrator SUBJECT: EDA Structure and Effectiveness DATE: January 17, 1997 :INTRODUCTION: The Council is asked to discuss the effectiveness and structure of the Economic Development Authority. BACKGROUND: On February 6, 1996,the then newly elected City Council established by resolution a restructured EDA, consisting of five citizens at large, and two Counci.lmembers. The citizens at large were appointed to terms of six years, which have staggered ending dates. After operating for a year under the new system, :Mayon Henderson has expressed concern that the format is duplicative and delays developers unnecessarily- oftentimes,the same presentation must be made to both the EDA and the City Council. For that reason, h..e is proposing to reconstitute the EDA membership so that the City Council alone serves as the EDA. PROCESS: The City Attorney advises that to make this change, publication.must be made for two consecutive weeks notifying the public of a public hearing. The public hearing would be held, and the City Council could then modify the enabling resolution that created the Shakopee Economic I)evelopm.ent Authority, should that be their desire after taking public input. Mayor Henderson proposes that this be done, and that a special meeting be held Thursday, February 6th, at 4:30 PM for a Public Hearing. A notice of the public hearing, and copy of a resolution which would change the membership, should that be the Council's desire, is attached. ACTION REQUIRED: If the Council wishes to make the change as proposed by Mayor Henderson, it should, by motion, call for a public hearing to be held at 4:30 PM:':Thursday, February 6th., to consider modifying the enabling Resolution No. 4381, relating to the EDA membership. Mark McNeill City Administrator CC: EDA NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Shakopee will meet on Thursday , Feb . 6 , 1997 at 4 :3 0 p.m. in the Council Chambers in City Hall, 129 Holmes Street South, Shakopee, Minnesota,to conduct a public hearing on the question of modifying the enabling resolution that created the Shakopee Economic Development Authority (EDA) pursuant to Minnesota Statutes, Sections 469.090 to 469.108. Summary of Modification to the Enabling Resolution The enabling resolution that created the EDA was approved by the City Council on April 4, 1995 and modified on February 6, 1996. Under the enabling resolution as modified,the board of commissioners of the EDA consists of seven members appointed by the Mayor and approved by the City Council, at least two of whom must be members of the City Council. The proposed modification provides that members of the City Council shall serve as the board of commissioners of the EDA. Their terms as EDA commissioners would coincide with their terms as Councilmembers. Hearing At the public hearing any person wishing to express a view regarding the modification to the enabling resolution will be heard orally or in writing. At the conclusion of the hearing or any adjournment thereof, the City Council will take whatever action it deems necessary with regard to the proposed modification. A copy of the full text of the modification to the enabling resolution is on file for public inspection in the office of the City Clerk at City Hall during normal business hours. BY ORDER OF THE CITY COUNCIL i- City Clerk Dated: [date of publication] SJH116147 SR1S5-24 RESOLUTION NO. A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING RESOLUTION NO. 4206 REGARDING THE CREATION OF AN ECONOMIC DEVELOPMENT AUTHORITY, BY CHANGING THE MEMBERSHIP OF GOVERNING BODY OF THE AUTHORITY WHEREAS,the City Council created the Shakopee Economic Development Authority(the "EDA) by Resolution No. 4206 approved April 4, 1995 (the "Enabling Resolution"),pursuant to Minnesota Statutes, Sections 469.090 to 469.1081 (the "EDA Act"); and WHEREAS, the Enabling Resolution initially designated a seven-member board of commissioners of the FDA, consisting of all City Council members plus two citizens appointed by the Mayor and approved by the City Council; and WHEREAS, by Resolution No. 4381 approved February 6, 1996, the City Council modified the Enabling Resolution to provide that the EDA board of commissioners would consist of seven commissioners appointed by the Mayor and approved by the City Council, at least two of whom must be members of the City Council; and WHEREAS,pursuant to Section 469.092, Subd. 2 of the FDA Act,the City Council may modify the Enabling Resolution at any time; and WHEREAS, pursuant to Section 469.095, subd. 2(d) of the EDA Act, the Enabling Resolution may provide that the members of the City Council shall serve as the commissioners of the EDA; and WHEREAS, the City Council has determined to further modify the Enabling Resolution, and on this date held a duly-noticed public hearing regarding modification of the Enabling Resolution at which all interested persons were given an opportunity to be heard. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA AS FOLLOWS: 1_ Resolution No. 4206, A Resolution Creating an Economic Development Authority, is hereby amended by repealing paragraph 3 of the Enabling Resolution,and replacing it with a new paragraph 3_ reading as follows: 3. The City Council of the City of Shakopee shall serve as the board of commissioners of the EDA. The term of EDA commissioners will coincide with their term of office as members of the City Council. A vacancy is created in the membership of the commission when a City Councilmember ends Council membership. 2. The Enabling Resolution remains in full force and effect and is not modified except as provided herein. SJ3116145 S5i15S-24 3. This resolution is effective upon approval i y the City Council. Passed in session of the City Council of the City of Shakopee, Minnesota this day of , 1997. Mayor Attest: City Clerk SJB116145 sH1S5-24 2 ' s ii " • 'I{ 'i i 469.092 ECONOMIC DEVELOPMENT a ' , t 469.001 to 469.047,469.090 to 469.108,and 469.124 to 469.134 or t the?sth ty t '-. must not exercise any powers without the prior approval of the city council; ► ; the authority,the city council (2) that,except when previously pledged by inaY by resolution require the authority to transfer any portion of the reserves generated by activities of the authority that the city council determines is not necessary for the sue oessful operation of the authority to the debt service fund of the city,to be used rely to reduce tax levies for bonded indebtedness of the city; (3) that the sale of all bonds or obligations issued by the authority be approved by the city council before issuance, for city departments as pravidea (4)'that the authority follow the budget process + by the city and as implemented by the city council and mayor; . • (5) that all official actions of the authority must be consistent with the adopted • comprehensive plan of the city,and any official ial controls implementing the comprehen. sive plan; (6) that the authority submit all planned activities for influencing the action of any other governmental agency,subdivision,or body to the city council for approval; (7) that the authority submit its administrative structure and management prat. tines to the city council for approval;and the city council by the (8) any other limitation or control established by enabling resolution. resolution may be modified at Subd. 2_ Modification of resolution.The enabling any time,subject to subdivision 5,and provided that any modification is made in actor. dance with this section. .114144-- Subd. 3_Report on resdution.without limiting the right of the authority to peri tion the city council at any time,each year.within 60 days of the anniversary dart of • the first adoption of the enabling resolution,the authority shall submit to the city coua- . cil a report stating whether and how the enabling resolution should be modified.Within r•:t 30 days of receipt of the recommendation,the city council shall review the enabling r: '; resolution,consider the recommendations of the authority,and make any modification it considers appropriate_Modifications must be made in accordance with the prom- :; dural requirements of section 469.093_ that the authority has cam- - Subd. 4.Com-Thecity council's determination plied with the limitations imposed under this section is conclusive_ Subd_ 5.Limits;security.Limits imposed under this section must not be applied in a manner that impairs the security of any bonds issued or contracts executed before 1the limit is imposed_The city council must not modify any limit in effect at the time '�--, any bonds or obligations are issued or contracts executed to the detriment rf the holder of the bonds or oblations.or any contracting party_ History: 1987 c 291 s 93 469.093 PROCEDURAL REQUI19tEMFNr. Subdivision 1.Enabling resolution.The creation of an authority by a city must be by written resolution referred to as the enabling resolution_ Before adopting enabling resolution,the city council shall conduct a public hearing Notice of the of mee and place of hearing,a statement of the purpose of the hearing,and a summary resolution must be published in a newspaper of general circulation within the city once a week for two consecutive weeks,The first publication must appear not mon than 30 days from the date of the public hearing. resolution must be by • Subd. 2. Modifi All modifications to the enabling written resolution and must adopted�er notice is given anddaa public hearing con- ducted as required for adoption of the enabling IHistory: 1987 c 291 s 94 CITY OF SHAKOPEE MEMORANDUM To: Mayor and City Council From: Mark Miller, President of the Economic Development Authority Subject: EDA Structure and Effectiveness Date: January 21, 1997 In the January 17, 1997 memorandum from the City Administrator to the Mayor and City Council, Mr. McNeill addresses Mayor Henderson's proposal to reconstitute the EDA membership so that the City Council alone serves as the EDA. The memorandum states, "Mayor Henderson expressed concern that the current format is duplicative and delays developers unnecessarily- oftentimes,the same presentation must be made to both the EDA and the City Council." For this reason alone the Mayor is proposing this drastic change to the EDA membership. I would like to suggest an alternative solution to the Mayors concerns. A majority of the EDA Commissioners have indicated they would attend City Council meetings that have developer presentations. This prevents any delays a developer would experience by having to repeat the presentation while maintaining the advantages of the current two body system of city government. Finally,the EDA continues to request the first joint meeting of this City Council and EDA at the Council's earliest opportunity. A meeting of this nature would allow the sharing of information and ideas necessary for the two groups to work in concert assuring the very finest development takes place in the City of Shakopee. L'/&Mark Miller President Economic Development Authority CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Refund of Fees for Appeals from Determinations of the Board of Appeals and Adjustments DATE: January 16, 1997 ITEM NO.: 11.A.2. INTRODUCTION: The City Council directed that an ordinance be prepared for its consideration, which ordinance would give the Council the authority to refund all or a portion of fees in cases where an applicant successfully appeals a decision of the Board of Appeals and Adjustments. City Attorney James Thomson has drafted Ordinance 475, which is attached to this report, for the Council's consideration. ALTERNATIVES: 1. Direct that a public hearing be set at the Planning Commission to consider Ordinance No. 475. 2. Direct that the draft ordinance not be considered further. ACTION REQUESTED: Direction from the City Council as to how to proceed with the draft ordinance. R. Michael Leek Community Development Director REFUND.DOC/RML 1 ORDINANCE NO. -7,S AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING SECTION 11.90 OF THE CITY CODE BY ADDING A NEW SUBDIVISION TO ALLOW REIMBURSEMENT OF FEES IN THOSE SITUATIONS WHERE AN APPLICANT SUCCESSFULLY APPEALS A DECISION PURSUANT TO SECTION 11.90 THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 -City Code Chapter 11, Section 11.90 is amended by adding a new subdivision to read: Subd. 4. Fees. Any applicant who successfully pursues an appeal under this section shall be reimbursed the fee required to paid by the applicant for the appeal. Section 2 - Effective Date. This ordinance becomes effective from and after its passage and publication. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1997. Mayor of the City of Shakopee ATTEST: City Clerk E/E 30tid OIE6LEEZt9'OI N3AV&O 'S AO3NN3N:WOM3 Zb= bt G6-9L -NHL` fi• 3 . CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Waiver of Fees for Non-profit Organizations DATE: January 16, 1997 ITEM NO.: 11.A.3. INTRODUCTION: The City Council directed that an ordinance be prepared for its consideration, which ordinance would give the Council the authority to waive review fees for non-profit organizations. City Attorney James Thomson has drafted Ordinance 476, which is attached to this report, for the Council's consideration. ALTERNATIVES: 1. Direct that a public hearing be set at the Planning Commission to consider Ordinance No. 476 2. Direct that the draft ordinance not be considered further. ACTION REQUESTED: Direction from the City Council as to how to proceed with the draft ordinance. ,c71e,;/2,,ezze R. Michael Leek Community Development Director WAIVERDOC/RML 1 ORDINANCE NO. AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING SECTION 11.80, SUBD. 4 OF THE CITY CODE TO ALLOW THE CITY COUNCIL TO WAIVE FEES REQUIRED BY SECTION 11.80, SUBD. 4 FOR NON-PROFIT ORGANIZATIONS THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That City Code Chapter 11, Section 11.80 , Subd. 4 is amended to read: Subd. 4. Fees. The fees required by this Chapter shall be those specified in the most recent Fee Schedule adopted by the City Council. Fees are payable at the time of submission of an application and no application shall be deemed to be complete until the fee has been paid. The fee may be waived by the City Council in the case of applications filed in the public interest by the Planning Commission or City. Non-profit and religious organizations qualified under Section 501(c)(3) of the Internal Revenue Code are exempt from the fees required by this chapter. Section 2 - Effective Date. This ordinance becomes effective from and after its passage and publication. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1997. Mayor of the City of Shakopee ATTEST: City Clerk -411.A. LI CITY OF SHAKOPEE Memorandum TO: Mayor and City Council/EDA FROM: Mark McNeill, City Administrator SUBJECT: Blocks 3 & 4 Demolition Actions DATE: January 15, 1997 INTRODUCTION: Action must be taken to approve the plans and specifications for demolition of Blocks 3 & 4, and order the advertisement for bids. BACKGROUND: The engineering firm of Toltz,King, Duvall,Anderson and Associations, Inc. (TKDA) was retained in the Fall of 1996 to draw plans and specifications for the demolition of the buildings, and removal of unnecessary infrastructure, on Blocks 3 &4. Also included in that contract were plans for asbestos abatement and removal; Legend Technical Services was the subcontractor for those services. The plans and specifications have been reviewed with City staff, SPUC,and appropriate utilities. Complete plans and specifications are available at City Hall for anyone who wishes to review them. Following bid notices as prescribed by State Law, availability of the plans would be advertised in the appropriate newspapers, as well as the Construction.Bulletin. Bid opening would be 10:00 AM Tuesday, February 18th, with award of the contract at the February 18th City Council meeting. Following execution of the contracts,receipt of insurance information, and obtaining the necessary permits, asbestos abatement would begin immediately. Demolition is anticipated to begin shortly thereafter, moving from West to East. Site clearance is specified to be no later than May 1st. This completion date is approximately 30 days later then originally discussed; however,there are still decisions which need to be made regarding redevelopment. As such,the additional 30 days may reduce somewhat the cost of the demolition, as there will be more time to perform the work. The plans do call for a 6' chain link fence to circle the site; the site will not be backfilled. There will be a two to one sloping berm adjacent to sidewalks and other pavement to help preserve the edges of those pavements. BUDGET IMPACT: The engineer's estimate for this work is $ 550,000, which includes a contingency for possible abestoes in buildings which have not been able to be inspected. The Council and EDA should be aware that there may be some other environmental issues which are discovered during the course of demolition which may result in addendums. For example, abandoned underground fuel storage tanks, or wells which have not been capped are items which must be remodied,but were unable to be determined during the environmental review. Those will result in extra cost addendums or separate contracts. The amount of funding for the demolition was budgeted in the most recent project costs estimate was $ 500,000. 4-pending upon the bid amount, and condemnation awards,the project still appears to be within budget. RECOMMENDATION: We recommend that the plans and specifications be adopted, and that advertisement for bids be ordered by Council. The EDA should endorse the action; in order to accommodate deadlines,this must be after the City Council action has been taken. ACTION REQUIRED: If the Council concurs, it should, by motion adopt the following resolution: A RESOLUTION APPROVING PLANS AND SPECIFICTIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR THE DEMOLITION OF BLOCKS 3 AND 4 CITY OF SHAKOPEE. LQ Mark McNeill City Administrator MM:tw RESOLUTION NO. 4607 A Resolution Approving Plans And Specifications And Ordering Advertisement For Bids For The Demolition Of Blocks 3 And 4 City of Shakopee WHEREAS,pursuant to action taken by by City Council on November 6, 1996, Toltz, King, Duvall, and Anderson has prepared plans and specifications for the demolition of Blocks 3 and 4, City of Shakopee, and p.esented 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 / . . . CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Initiating the Vacation of Right-of-Way for Lewis Street North of 1st Avenue East DATE: January 14, 1997 INTRODUCTION: The attached Resolution No. 4595 sets a public hearing date to consider the vacation of right-of-way. The right-of-way proposed for vacation is Lewis Street between 1st Avenue East and the"mini- bypass." DISCUSSION: The City has received a petition for the vacation of right-of-way from Scott County. The attached resolution sets a public hearing for February 18, 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. 4595, A Resolution Setting the Public Hearing Date to Consider the Vacation Of Right-of-Way, and move its adoption. R.Michael Leek i:\coxnmdev\cc\199'Tac121\vacphsco.doc Community Development Director RESOLUTION NO.4595 A RESOLUTION SETTING THE PUBLIC HEARING DATE TO CONSIDER THE VACATION OF RIGHT-OF-WAY WHEREAS,it has been made to appear to the Shakopee City Council that the right-of-way of Lewis Street between 1st Avenue and County Road 69, 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 18th day of February, 1997, at 7:00 P.M. or thereafter, on the matter of vacating the right-of-way known as Lewis Street between 1st Avenue and County Road, 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 , 1996. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 S. Holmes Street Shakopee, MN 55379 // 4. G, CITY OF SHAKOPEE Memorandum TO: EDA Mark McNeill, City Administrator/EDA Executive Director FROM: R. Michael Leek, Community Development Director SUBJECT: Approval of Development Agreement with the Centres Group DATE: January 16, 1997 ITEM NO.: 5.a. INTRODUCTION: On December 17, 1996, the City Council authorized a 30-day extension of the then- current development agreement with the Centres group. The original agreement would have expired on December 31, 1996, and therefore the extension expires on January 30, 1997. Paul Bilotta, Parsons Brinkerhoff, and Daniel Greensweig, Kennedy& Graven, have negotiated a new agreement with the Centres Group on behalf of the City. The City Council and EDA are asked to adopt this negotiated agreement. DISCUSSION: Among the key elements of the agreement are the following; • The City shall purchase the RALF property from MNDOT and convey it to the Centres Group for the amount of$787,569.10, plus any out of pocket expenses incurred by MNDOT in the transaction. • The City will convey the additional, right-of-way(R.O.W.) property contingent on the City's ability to acquire title from MNDOT, • Within 30 days of execution of the agreement, the City will initiate annexation of the Extraterritorial property. • By February 1, 1997, Centres will reimburse the City for costs incurred by the City to that date. Thereafter, Centres shall pay the City for costs incurred on a monthly basis. • Contingent on the RALF transaction, Centres will commence construction of a minimum of 50,000 square feet of retail space no later than December 1, 1997. It is expected that Mr. Bilotta will be available to answer specific questions at the respective meetings. ALTERNATIVES: CENTRES.DOC/RML 1 1. Approve and authorize the appropriate EDA officials to execute the development agreement with the Centres Group as presented. 2. Approve and authorize the appropriate EDA officials to execute the development agreement with the Centres Group with revisions. 3. Do not approve the development agreement. 4. Table the matter for additional information. STAFF RECOMMENDATION: Staff recommends alternative no. 1, approval of the agreement as presented. ACTION REQUESTED: A motion approving the proposed agreement and authorizing the appropriate EDA officials to execute the agreement on behalf of the EDA. //f71: 1-eee, R. Michael Leek Community Development Director CENTRES.DOC/RML 2 PRELIMINARY DEVELOPMENT AGREEMENT THIS AGREEMENT, made as of the day of , 1996, by and among the SHAKOPEE ECONOMIC DEVELOPMENT AUTHORITY,a public body corporate and politic under the laws of Minnesota (the "Authority"), the CITY OF SHAKOPEE, MINNESOTA, a Minnesota municipal corporation(the "City"), and CENTRES GROUP, LTD., a Florida limited partnership ("Centres"). WITNESSETH: WHEREAS, Centres wishes to develop approximately 250,000 square feet of retail shopping space (the "Development") on certain property described in Exhibit A attached hereto (the "Property"); and WHEREAS, the parties to this Agreement entered into an agreement dated February 10, 1996 regarding the Development; and WHEREAS, the parties to this Agreement wish to continue to work together to facilitate the Development; and WHEREAS, Centres has submitted substantial information and made substantial progress regarding the Development; and WHEREAS, the City and the Authority have determined that it is in the City's best interest that the City and the Authority take certain actions to assist Centres in acquiring the Property and otherwise undertaking the Development. NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants and obligations set forth herein, the parties agree as follows: 1. The City currently possesses title to the Additional Property (as so defined in Exhibit A). The City shall purchase the RALF Property (as so defined in Exhibit A) from the Minnesota Department of Transportation ("MNDOT") and shall convey the RALF Property and the Additional Property (as so defined in Exhibit A) to Centres in accordance with the terms and conditions of this Agreement,including,without limitation, the following terms and conditions: a. The City's obligation to convey the RALF Property and the Additional Property to Centres is contingent on the City's ability to acquire title to the RALF Property from MNDOT and the execution by the parties to this Agreement of a purchase agreement among and acceptable to such parties, setting forth all terms and conditions of the City's conveyance of the RALF Property and the Additional Property to Centres; b. Centres must not be in default under this Agreement or any other agreement between Centres and the City or the Authority; %50114141 $RISS-18 9I/Z 3OVd 0tEBLEEZt9'QI N3AV210 '8 AQ3NN3}I'WO2I3 BZ'Zt L6-LI-NW' c. Centres must be willing and able to simultaneously close on its acquisition of the RALF Property and the Additional Property from the City at the time that the City purchases the RALF Property from MNDOT, such simultaneous closing to occur on such date as the City, the Authority, Centres, and MNDOT agree in writing; and d. The purchase price to be paid to the City by Centres in exchange for the conveyance of the RALF Property and Additional Property to Centres by the City shall be the amount paid by the City to MNDOT for the conveyance of the RALF Property from MNDOT to the City. MNDOT has represented to the City that this amount shall be 5787,569.10, plus MNDOT's out-of-pocket expenses incurred in connection with this transaction. 2. The City shall purchase the R.O.W. Property (as so defined in Exhibit A) from MNDOT and shall convey the R.O.W. Property to Centres in accordance with the terms and conditions of this Agreement, including, without limitation, the following terms and conditions: a. The City's obligation to convey the R.O.W. Property to Centres is contingent on the City's ability to acquire title to the R.O.W. Property from MNDOT and the execution by the parties to this Agreement of a purchase agreement among and acceptable to such parties, setting forth all terms and conditions of the City's conveyance of the R.O.W. Property to Centres; b. Centres must not be in default under this Agreement or any other agreement between Centres and the City or the Authority; c. Centres must be willing and able to simultaneously close on its acquisition of the R.O.W. Property from the City at the time that the City purchases the R.O.W. Property from MNDOT, such simultaneous closing to occur on such date as the City, the Authority, Centres, and MNDOT agree in writing, but in no case before December 1, 1997 or such other time as the R.O.W. Property becomes available for purchase from MNDOT; and d. The purchase price to be paid to the City by Centres in exchange for the conveyance of the R.O.W.Property from MNDOT to the City shall be the amount paid by the City to MNDOT for the conveyance of the R.O.W. Property from MNDOT to the City. The amount to be paid for the R.O.W. Property has not yet been determined, and shall be set forth in the agreement described in Paragraph 2(a) of this Agreement. 3. The City shall take the necessary steps to annex the Extraterritorial Property (as so defined in Exhibit A). The City shall initiate annexation procedures within 30 days after execution of this Agreement . The City anticipates that the annexation process will take 90 days to complete, but Centres acknowledges and agrees that neither the Authority nor the City warrants that the annexation process will be complete within this time. a7.TG114141 SH155-la 9t/C 30tfd O1C6LCCZt9'OI N3AVdD 'S Aa3NNaM'NO2Id 8Z'Zt L6-41-NVL` 4. Upon receipt of all information from Centres deemed necessary by the City,the City shall take the steps required to place on the next available City planning commission agenda: a_ disc»csion and consideration of City efforts to assist Centres in its application to obtain MUSA line expansion necessary for construction of the Development; b. discussion and consideration of amendments to the City's comprehensive plan necessary to accommodate the Development; and c. discussion and consideration of amendments to the City's zoning code necessary to accommodate the Development. 5. Centres and the City shall enter into an agreement, in a form acceptable to both parties, concerning assessments for public improvements relating to the Property and the Development. 6. Centres will reimburse the City and the Authority for Administrative Costs as hereafter defined. For the purposes of this Agreement, the term "Administrative Costs" means fees, costs, and expenses charged to the City and the Authority by Kennedy & Graven, Chartered and Parsons Brinkerhoff Quade & Douglas, Inc. in connection with the negotiation and preparation of this Agreement. Administrative Costs shall also include the fees,costs,and expenses charged to the City and the Authority by Parsons Brinkerhoff Quade& Douglas, Inc. for work it performs with regard to expansion of the MUSA line necessary to the Development. Out of pocket Administrative Costs shall be evidenced by invoices,statements,or other reasonable written evidence of the costs incurred by the City and the Authority. By no later than February 1, 1997, Centres shall pay to the City and the Authority$2,000 of the Administrative Costs incurred by the City and the Authority prior to that date. On the first day of each month subsequent to February 1, 1997 and continuing on the first day of each month until termination of this Agreement, Centres shall pay to the City and the Authority all Administrative Costs incurred by the City and the Authority prior to that date and not yet paid by Centres, provided that payment by Centres shall not be due sooner than 10 days after reasonable written evidence of such costs has been provided to Centres. Time is of the essence with regard to Centres' obligations to make payments pursuant to this Paragraph 6, and any failure by Centres to make timely payment shall constitute conclusive evidence that it is in material breach of this Agreement. Termination of this Agreement shall not impair Centres' obligation to pay Administrative Costs incurred before the date of termination. 7. Centres will submit the plans for the Development as a planned unit development pursuant to Shakopee City Code, Section 1130 at the time and in the form required by the Shakopee City Code. Prior to approval of the Development as a planned unit development, the City and Centres shall enter into a developer's agreement, in a form satisfactory to all parties to this Agreement,relating to the Property and the Development. DJ0.14141 $H155-12 3 9t/b 39Vd 0tCBLCCZt9'QI N3AVHD S AQ3NN3)PWO?1d 6Z'Zt 1.6-Lt-Nvr 8. Subject to its ability to acquire title to the RALF Property, Centres shall commence construction of a minimum of 50,000 square feet of retail space on the RALF Property ("Phase 1") by no later than December 1, 1997. Construction shall be deemed commenced at such time as Centres has received the necessary building permits and broken ground for Phase 1. Subject to Unavoidable Delays (hereby defined as delays beyond the reasonable control of Centres and which are the direct result of strikes, other labor troubles, prolonged adverse weather or acts of God, fire or other casualty to Phase 1, litigation commenced by third parties which, by injunction or other similar judicial action, directly results in delays, or acts of any federal, state or local governmental unit which directly result in delays[other than the City or the Authority in exercising its rights under this Agreement and delays resulting from Centres' failure to timely obtain permits or governmental approvals necessary for the construction of Phase 1)), Centres shall complete construction of Phase 1 by September 30, 1998. 9. Centres recognizes that any act or transaction involving or resulting in a significant change in the identity of the developer is of particular concern to the City and the Authority, in view of the importance of the development of the Property to the general welfare of the City and the substantial assistance that has been made available by the City and the Authority for the purpose of making the Development possible. Centres further recognizes that it is because of its qualifications and identity that the City and the Authority are entering into this Agreement. Centres therefore represents and agrees that until a certificate or certificates of occupancy has been issued for Phase 1, Centres shall not make, create, or suffer, contract, or agree to be made or created any total or partial sale,assignment, conveyance, lease,trust or power,or other form of transfer of all or part of the Property, or any interest in it, for the purpose of speculating in real estate, and is further prohibited from doing so, without the prior written approval of the City and the Authority, except that Centres may: a. assign interests in the Property by way of security for the purpose of obtaining f nancing necessary to enable Centres, or any successor in interest to all or part of the Property, to construct the Development; b. transfer any or all interest in any portion of the Property to an entity that is operating a business or has entered into a binding agreement to operate a business on the portion of the Property to which such transferred interest pertains; and c. enter into any agreement, including, without limitation, an assignment of the purchase agreements to be entered into by Centres and the City for the purchase of the RALF Property,the 12.O.W. Property,and the Additional Property,with the owner of Shakopee Town Square deemed necessary for the commencement or completion of the Development. 10. Prior to the issuance of a certificate or certificates of occupancy for Phase 1,Centres shall not, without the prior 'written approval of the City and the Authority, engage in any financing or any other transaction creating any mortgage or other encumbrance or lien upon the Property, whether by express agreement or operation of law, or suffer any encumbrance or lien to be made on or attached to the Property other than the liens or DJG114141 MUSS-19 4 9t/S 39Vd @t£6L££Zi9'QI N3Att2IQ '8 AQ3NN3N.wona 6Z'Zi LB-Lt-Nutt` encumbrances attached for the purposes of obtaining funds to the extent necessary for purchasing the Property and making and financing the Development. 11_ Centres acknowledges that any agreement by which title to any or all of RALF Property or the Additional Property is transferred to Centres shall contain provisions that, within 1 year of acquiring title to the RALF Property and the Additional Property, if Centres has not commenced construction of Phase 1, Centres shall not sell the RALF Property or the Additional Property, except to the City or the Authority or as provided in Paragraph 9 of this Agreement, unless: a. Centres has provided 10 days notice to the City and the Authority of its intention to sell the RALF Property and the Additional Property; b. Centres has provided the City and the Authority the option to purchase, within 90 days of the date notice is provided by Centres, the RALF Property and the Additional Property for the price that the Centres acquired the RALF Property and the Additional Property from the City; and c. the City and the Authority have notified Centres that they do not wish to exercise their option to purchase the RALF Property and the Additional Property, or the City and the Authority fail to notify Centres, within 30 days of receiving notice of Centres' notice of its intention to sell the RALF Property and the Additional Property, that they wish to exercise their option to purchase the RALF Property and the Additional Property_ 12. Centres acknowledges that any agreement by which title to any or all of RALF Property or the Additional Property is transferred to Centres shall contain provisions that, prior to completion of construction of Phase 1, Centres shall not sell the RALF Property or the Additional Property, except to the City or the Authority or as provided in Paragraph 9 of this Agreement, unless: a. Centres has provided 10 days notice to the City and the Authority of any purchase agreement it has entered into with regard to the RALF Property and the Additional Property (the "Purchase Agreement"); b. Centres has provided the City and the Authority the option to purchase, within 90 days of the date notice is provided by Centres, the RALF Property and the Additional Property on the same terms set forth in the Purchase Agreement; and c_ the City and the Authority have notified Centres that they do not wish to exercise their option to purchase the RALF Property and the Additional Property, or the City and the Authority fail to notify Centres, within 30 days of receiving notice of Centres' notice of its intention to sell the RALF Property and the Additional Property, that they wish to exercise their option to purchase the RALF Property and the Additional Property. 1=114).41 SFt155-1$ 5 91/9 39tfd 0I EGI.0 319'Q I N3At1229 8 Aa3NN3N'WO?I3 ØC1 46-41-NVP 13. Centres acknowledges that any agreement by which title to any or all of 1.ALF Property or the Additional Property is transferred to Centres shall contain provisions that,if Centres has not previously sold the RALF Property and the Additional Property subject to the conditions set forth herein, and has not completed construction of Phase I by the dates set forth herein, the City shall have the option at any time during December 1998, and during any December thereafter until Phase 1 is complete,to purchase the RALF Property and the Additional Property for the price that the Centres acquired the RALF Property and the Additional Property from the City. 14. The parties agree and acknowledge that: a. Except as provided in Paragraph 13(b), and except for any willful misrepresentation or any willful or wanton misconduct of the following named parties, Centres agrees to protect and defend the Authority and the City and the governing body members, officers, agents, servants and employees thereof, now or forever, and further agrees to hold the aforesaid harmless from any claim, demand, suit, action or other proceeding whatsoever by any person or entity whatsoever arising or purportedly arising from this Agreement,or the transactions contemplated hereby or the acquisition, construction, installation, ownership,and operation of the Property and the Development. b. Part or all of the R.O.W. Property is polluted, and part or all of the RALF Property and the Additional Property may be polluted. The extent and severity of the pollution of the R.O.W. Property, the RALF Property, and the Additional Property are unknown as of the date of this Agreement, as are the identity and proportionate liability of all persons who may be responsible for such pollution, and the availability of state and federal funds for the clean-up of the RO_W. Property, the RALF Property, and the Additional Property. The parties to this Agreement therefore agree to protect and defend each other, and the governing body members, officers, agents, servants and employees thereof, now or forever, and hold the aforesaid harmless from any claim, demand, suit, action or other proceeding by any person or entity arising or purportedly arising from any pollution or environmental contamination of the Property arising from the act or failure to act by the indemnifying party. In addition,Centres agrees to protect and defend the City and the Authority, and the governing body members, officers, agents, servants and employees thereof, now or forever, and hold the aforesaid harmless from any claim, demand, suit, action or other proceeding whatsoever by any person or entity whatsoever arising or purportedly arising from any pollution or environmental contamination of the Property arising from any third-party not under the direct control of the City or the Authority, provided that this indemnification shall not apply to any liability of the City or the Authority arising from any interest in the Property held by the City or the Authority prior to the date of this Agreement. The obligations set forth in this Paragraph 13 shall survive termination of this Agreement. 15. All covenants, stipulations, promises, agreements and obligations of the City or the Authority contained herein shall be deemed to be the covenants, stipulations, promises, =114141 SW155-18 ST/4 3Dtfd OtCELEEZt9'QI N3AVd0 '8 AO3NN3}I'WO?I3 0E 'Zt Ls-Lt-Nve agreements and obligations of the Authority and not of any governing body member, officer, agent, servant or employee of the City or the Authority in the individual capacity thereof. 16. This Agreement shall be construed under the laws of the state of Minnesota. 17. This Agreement is effective for a term ending 365 days from its date,unless extended by mutual agreement of the parties. 18. This Agreement may be terminated upon 10 days' written notice by any party to the other parties if: a. an essential precondition to the execution of any agreement called for by this Agreement cannot be met; or b. an impasse has been reached in the negotiation of any material term or condition of any agreement called for by this Agreement; or c. the City or the Authority determine that their combined nonreimbursable costs in performing under this Agreement will exceed $10,000; or d. Centres determines that the Development is not economically feasible; or e. any party is in material breach of any covenant set forth herein. Except as specifically provided herein, no party shall have any further obligation under this Agreement after its termination. 19. Notice or demand or other communication between or among the parties shall be sufficiently given if sent by first class mail, postage prepaid, or delivered personally: a. As to the City: 129 Holmes Street South Shakopee, Minnesota 55379 Atm: City Administrator b. As to the Authority: 129 Holmes Street South Shakopee, Minnesota 55379 Attn: Executive Director c. As to Centres: 119 N. Fourth Street Suite 405 Minneapolis, Minnesota 5540I 20. This Agreement may be executed simultaneously in any number of counterparts, all of which shall constitute one and the same instrument. DJG114141 Sx155-18 St/B 33 d ei£6Leczt9'QI N3AV2i9 8 AQ3NN3N W02I3 1C 1 Le-LI-Nvr 21. This Agreement constitutes the entire agreement among the parties and supersedes and replaces any previous agreements among or between the parties pertaining to the Property or the Development. 22. Whenever any breach of this Agreement occurs and a nonbreaching party shall employ attorneys or incur other expenses for the collection of payments due or to become due, or for the enforcement of performance or observance of any obligation or agreement on the part of any other party under this Agreement, the breaching party agrees that it shall, within ten days of written demand by a nonbreaching party,pay to the nonbreaching party the reasonable fees of such attorneys and such other expenses so incurred by the nonbreaching party. zuG114141 3n1ss-1a 8 91/6 30Vd 0tCELEEZt9'QI N3AVN0 8 AQ3NN3N WOd3 1C 'Z1 L6-Lt-NVL` IN WITNESS WHEREOF, the Authority, the City, and Centres have caused this Agreement to be duly executed by their duly authorized representatives as of the date first above written. SHAKOPEE ECONOMIC DEVELOPMENT AUTHORITY By Its President By Its Executive Director STATE OF MINNESOTA ) ) SS. COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this day of , 19_ by and , the President and Executive Director of the Shakopee Economic Development Authority, on behalf of the Authority_ Notary Public DJ0114141 n SH155-18 9 9L/0L 3nVd 0LE6GEEZL9'QL N3AH2in '$ AQ3NN3N'WO2i3 E'Z1 46-LL-NHf CITY OF SHAKOPEE, MINNESOTA By Its Mayor By Its City Administrator By Its City Clerk STATE OF MINNESOTA ) ) SS. COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this day of , 19_ by , ,and ,the Mayor, City Administrator, and City Clerk of the City of Shakopee, Minnesota,on behalf of the City. Notary Public II ATG114141 SH155-18 10 9t/It 30Hd OIEBLEEZt9'QI N3AV219 'S Aa NN3M WO213 ZE 'Zt LB-LI-NW' CENTRES GROUP, LTD. By Its STATE OF MINNESOTA ) ) SS. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 19by , the of Centres Group, Ltd., a Florida limited partnership, on behalf of the partnership_ Notary Public THIS INSTRUMENT WAS DRAFTED BY: Kennedy & Graven, Chartered (DJG) 470 Pillsbury Center Minneapolis, MN 55402 (612) 337-9300 DJG114141 11 SH155-18 9t/Zt 39Vd OIC6GCCZt9'QI N3AVSO '8 AQ3NN3N'WOd3 ZC 'Z1 L6- .t-Har EXHIBIT A DESCRIPTION OF PROPERTY The Property shall consist of all of the following: 1. RALF Property That part of the North Half of the Southwest Quarter of Section I I, Township 115 North, Range 23 West, Scott County, Minnesota, described as follows: Commencing at the northwest corner of Minnesota Valley 3rd Addition, also being the southwest corner of Minnesota Valley 1st Addition, according to the recorded plats thereof; thence South 01 degrees 04 minutes 43 seconds East along the west line of said Minnesota Valley 3rd Addition, a distance of 108.11 feet; thence South 88 degrees 55 minutes 17 seconds West along the north line of said Minnesota Valley 3rd Addition, a distance of 130.00 feet to the point of beginning of the tract of land to be described; thence South 01 degree 04 minutes 43 seconds East along the west line of said Minnesota Valley 3rd Addition a distance of 380.00 feet; thence South 88 degrees 55 minutes 17 seconds West along the north line of said Minnesota Valley 3rd Addition, a distance of 245.00 feet;thence South 25 degrees 25 minutes 17 seconds West along the westerly line of said Minnesota Valley 3rd Addition,a distance of 380.00 feet;thence South 26 degrees 04 minutes 43 seconds East along the westerly line of said Minnesota Valley 3rd Addition, a distance of 204.23 feet to the south line of said North Half of the Southwest Quarter; thence South 86 degrees 56 minutes 16 seconds West along said south line of the North Half of the Southwest Quarter, a distance of 724.91 feet; thence North 00 degrees 08 minutes 24 seconds West,a distance of 266.52 feet to the intersection with the southwesterly extension of the southeasterly line of Valley Mall First Addition,according to the recorded plat thereof; thence North 38 degrees 30 minutes 05 seconds East along said southwesterly extension and the southeasterly line of Valley Mall First Addition; a distance of 1008.70 feet;thence South 51 degrees 29 minutes 55 seconds East, a distance of 60.00 feet; thence South 42 degrees 09 minutes 03 seconds East, a distance of 120.63 feet;thence North 38 degrees 30 minutes 05 seconds East a distance of 85.00 feet; thence North 88 degrees 55 minutes 17 seconds East a distance of 226.00 feet; thence South 01 degree 04 minutes 43 seconds East a distance of 50.00 feet to the point of beginning; which lies south and west of a straight line drawn between a point o the south line of the North Half of the Southwest Quarter of said Section 11, distant 400 feet east of the intersection of said south line with the west lie of the East Half of the Southwest quarter of said Section 11 and a point on said west line, distant 600 feet north of said intersection; containing 23.52 acres, more or less. DJG.14142 SR155-18 A-I 9i/Et 3JVd 0tC6LEEZt9'QI N3AV2ID '8 AQ3NN3}t'W02I3 ZE 'Zt 46-4t-Ntlt' 2. R.O.W. Property Parcel A That part of the Southwest Quarter of Section _, Township 115, Range 23 being also part of Minnesota Department of Transportation Right of Way Plant No. 70-16,Scott County,Minnesota, described as follows: Beginning at Right of Way monument 817 per said Right of Way Plat; thence North 87 degrees 02 minutes 56 seconds East, assumed bearing a distance of 707.73 feet to Right of Way monument 818 per said Right of Way plat; thence South 00 degrees 30 minutes 43 seconds East, along the line between Right of Way monuments 818 and 819 per said Right of Way plat and as southerly projection,a distance of 661.86: thence southeasterly along a non-tangential curve concave to the south, having a radius of 1954.84 feet, a central angle of 08 degrees 55 minutes 19 seconds,an arc length of 304.40 feet,the chord of said curve bears South 87 degrees 28 minutes 50 seconds West; thence tangent to last described curve, south 83 degrees 01 minutes 09 seconds west, a distance of 588.62 feet; thence North 00 degrees 45 feet to the north line of the southwest quarter of said Southwest Quarter; thence North 87 degrees 02 minutes 56 seconds East, along said Southwest Quarter, a distance of 184.77 feet is the point of beginning. Parcel B That part of the Southwest Quarter of Section 11, Township 115, Range 23 being also part of Minnesota Department of Transportation Right of Way Plat No. 70-16, Scott County,Minnesota, described as follows: Beginning at Right of Way monument 812 per said Right of Way Plat; thence South 51 degrees 23 minutes 13 seconds East, assumed bearing, a distance of 185.00 feet to Right of Way monument 813 per said Right of Way Plat; thence South 38 degrees 36 minutes 47 seconds West,a distance of 376.25 feet to Right of Way monument 814 per said Right of Way Plat; thence North 51 degrees 23 minutes 13 seconds West, along the line between Right of Way monuments 814 and 815 and its northwesterly projection, a distance of 377.22 feet;thence northeasterly,along a non-tangential curve,concave to the southeast, having a radius of 1432.38 feet, a central angle of 15 degrees 32 minutes 15 seconds, and an arc length of 388.44 feet,the chord of said curve bears North 25 degrees 05 minutes 21 seconds East; thence South 51 degrees 23 minutes 00 seconds East, a distance of 282.81 feet to the point of beginning. except that portion which lies within R.O.W. Plat 70-16. AIG114141 sxlss-ls A-2 9t/bt 30Vd OtC6LEEZt9'OI N3AVMD 8 AO3NN3N'NONA EE'Z1 L6-Gt-NVf 3_ Additional Property That part of the South Half of the Northwest Quarter and the North Half of the Southwest Quarter of Section 11,Township 115 North,Range 23 West,Scott County,Minnesota,described as follows: Beginning at the most southerly corner of Outlot A, Valley Mall 1st Addition, Scott County, Minnesota; thence North 51 degrees 29 minutes 55 seconds West a distance of 765.00 feet to the most westerly corner of said Outlot A; thence North 38 degrees 30 minutes 05 seconds East a distance of 598.56 feet; thence North 13 degrees 25 minutes 04 seconds East a distance of 247.68 feet;thence North 51 degrees 29 minutes 55 seconds West a distance of 60.00 feet to the southeasterly right of way of U.S. Highway No. 169; thence South 38 degrees 30 minutes 05 seconds West along said U.S. Highway No. 169 right of way a distance of 2175.49;thence South 19 degrees 09 minutes 39 seconds West a distance of 188.71 feet;thence South 38 degrees 30 minutes 05 seconds West a distance of 52.80 feet; thence South 00 degrees 10 minutes 45 seconds East a distance of 158.19 feet to the southerly line of said North Half of the Southwest Quarter; thence North 86 degrees 56 minutes 16 seconds East along said southerly line a distance of 1249.74 feet; thence North 00 degrees 08 minutes 24 seconds West a distance of 266.52 feet; thence North 38 degrees 30 minutes 05 seconds East a distance of 669.60 feet to the point of beginning; excepting therefrom the following: That part of the South Half of the Northwest Quarter of said Section 11 described as follows: Beginning at the most westerly corner of Lot 1, Block 1, of said Valley Mall 1st Addition, from which said westerly corner of said Outlot A bears South 38 degrees 30 minutes 05 seconds West a distance of 461.89 feet; thence North 38 degrees 30 minutes 05 seconds East a distance of 136.67 feet; thence North 13 degrees 25 minutes 04 seconds East a distance of 247.68 feet;thence North 51 degrees 29 minutes 55 seconds West a distance of 60.00 feet;thence South 38 degrees 30 minutes 05 seconds West a distance of 360.99 feet; thence South 51 degrees 29 minutes 55 seconds East a distance of 165.00 feet to the point of beginning. Also that part of the Northwest Quarter of the Southwest Quarter lying southeasterly of U.S. Highway 169 described as follows: Beginning at the intersection of the north line of said Southwest Quarter and the southeasterly boundary of Trunk Highway No. 169 and running thence southwesterly along said southeasterly boundary a distance of 244.3 feet to the actual point of beginning; thence southeasterly and at right angles to said southeasterly boundary a distance of 400.0 feet; thence southwesterly and parallel to said southeasterly boundary a distance of 376.25 feet;thence northwesterly and at right angles to said southeasterly boundary a distance of 400.0 feet; thence northeasterly along said southeasterly boundary a distance of 376.25 feet to the actual point of beginning. which lies southeasterly and northeasterly of the easterly boundary of Minnesota Department of Transportation Right of Way Plat No. 70-16 as the same is on file and of record in the office of the County Recorder in and for said county; AJG11o141 sx155-18 A-3 9t/St 3JHd 0t£6L££Zt9^ II N3AWSD '8 AO NN3}I'NO2id ££ 'ZI L6-LI-NVL' 4. Extraterritorial Property NEED LEGAL DESCRIPTION DSG3.14141 A-4 SH255-18 9T/9T 30Vd 0TE6LCEZT9'QI N3AV210 "4 AQ3NN3N'WO2ld bC 'ZT LB-LT-NVf II. 8. 1, CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Joint Powers Agreement for 1997 Street Maintenance Work DATE: January 21, 1997 INTRODUCTION: Attached is a Joint Powers Agreement (JPA) for 1997 Traffic Markings, Street Sweeping, Crack Sealing and Seal Coating work between Burnsville, Apple Valley, Eagan, Lakeville, Rosemount, Savage, Prior Lake and Shakopee for Council consideration. BACKGROUND: The City of Burnsville and other south suburban communities have been participating in the above referenced JPA in the past years. The purpose of the agreement is to provide street maintenance materials and service utilizing one common contractor for each service. This arrangement has streamlined the process of contracting for these services and resulted in a lower cost by utilizing the purchasing power of several communities combined needs. The City of Shakopee entered into this JPA in 1996. In this WA, the City of Burnsville will coordinate the bid documents by preparing the plans, specifications, bid proposals and advertise for bids for street maintenance services such as street traffic markings, street sweeping, crack sealing and seal coating. The City of Burnsville charges a 1% to 2% fee for administering the JPA, depending on the amount of work. The City of Shakopee, for 1997, would be interested in street seal coating, street crack sealing and traffic markings. For this amount of work, the administration fee would be 1.5% of the cost. The 1997 Budget has included the following work in the Street Division: • Bituminous Seal Coating $65,000.00 • Bituminous Pavement Crack Sealing $15,000.00 • Street Traffic Markings $ 4,000.00 Staff is proposing to enter into the JPA to complete the above referenced street maintenance work for 1997. Another advantage of the JPA is that due to the volume of work, the work for each service can be scheduled for the appropriate time. For instance, striping work will be done in early summer in the month of June, as well as the bituminous seal coating and crack sealing work. In the specifications, the City of Shakopee does retain the right to reject participation in the JPA, depending on unit bid price. In reviewing this JPA, staff believes the contract administration fee of 1.5% is reasonable and the volume of work will provide for lower bid prices. City staff has reviewed the JPA and feels that the specifications allow each City to decrease or increase the quantity of work, even to the point of opting out completely, so that the risk to the City of Shakopee is very minimal and there can be cost savings that can be realized by bidding with other Cities. ALTERNATIVES: 1. Authorize the appropriate City officials to execute the JPA for 1996 Traffic Markings, Street Sweeping, Crack Sealing and Seal Coating between the Cities of Burnsville, Apple Valley, Eagan, Lakeville, Rosemount, Savage, Prior Lake and Shakopee. 2. Do not authorize the JPA. 3. Table for more information. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Authorize the appropriate City officials to execute the JPA for 1997 Traffic Markings, Street Sweeping, Crack Sealing and Seal Coating between Cities of Burnsville, Apple Valley, Eagan, Lakeville, Rosemount, Savage, Prior Lake and Shakopee. fY Bruce Loney Public Works Director •��, City of BURNSVILLE 100 Civic Center Parkway • Burnsville,Minnesota 55337-3817 (612)895-4400 December 5, 1996 Mr. Dennis Miranowski Mr. Arnie Erhart Mr. Bruce Loney City of Apple Valley City of Eagan City of Shakopee 14200 Cedar Avenue 3501 Coachman Point 129 Holmes Street S. Apple Valley,MN 55124 Eagan,MN 55122 Shakopee,MN 55379 Mr. Don Volk Mr. Bud Osmondson Mr. Dave Hutton City of Lakeville City of Rosemount City of Savage 20195 Holyoke Avenue 2875 145th Street West 6000 McColl Drive Lakeville, MN 55044 Rosemount,MN 55068 Savage,MN 55378 Mr. Greg Ilkka City of Prior Lake 4629 Dakota Street S.E. Prior Lake,MN 55372 RE: 1997-1998 JOINT POWERS AGREEMENT FOR TRAFFIC MARKINGS, STREET SWEEPING,CRACK SEALING AND SEAL COATING Dear Gentlemen: Enclosed is a copy of the Joint Powers Agreement(JPA)for the joint bidding on the above referenced items. This Agreement has been revised to reflect the sliding scale percentage for the actual construction cost for each City. The City of Burnsville collects this cost to cover coordination,legal and administrative costs. This will be billed to each City at the end of the year. Please call and indicate if you wish to participate in the 1997-98 JPA,and also place this Agreement on an early agenda for your Council's action. After Council action,please sign the JPA for your City and return the original to me at the Burnsville Engineering Department. Our City Council is considering the JPA on January 21, 1997, and the bid opening on February 28, 1997. I will be calling in two weeks to get the necessary quantities. Also,enclosed is a copy of the 1997-98 schedule, last year's specifications and abstract for your review. If you have any questions,comments or suggestions,please feel free to call me at 895- 4541. Sincerely, CITY OF BURNSVILLE Cleve Crowningshield Engineering Department Enc: V JOINT POWERS AGREEMENT 1997 TRAFFIC MARKINGS,STREET SWEEPING,CRACK SEALING& SEAL COATING BURNSVILLE,APPLE VALLEY,EAGAN,LAKEVILLE ROSEMOUNT,SAVAGE,PRIOR LAKE AND SHAKOPEE AGREEMENT made this 21st day of January, 1997 by and between the cities of Burnsville,Apple Valley,Eagan,Lakeville,Rosemount, Savage,Prior Lake and Shakopee. RECITALS This agreement is made pursuant to the authority conferred upon the parties pursuant to Minnesota Statutes 471.59. The purpose of this agreement is to provide street maintenance materials and service for the cities of Burnsville,Apple Valley,Eagan,Lakeville,Rosemount, Savage,Prior Lake and Shakopee utilizing one common contractor for each service. NOW, THEREFORE,the parties agree as follows: 1. Subject to the other provisions of this agreement,Burnsville shall prepare any plans, specifications,bid proposals and advertise for bids for the placement of street traffic markings, street sweeping,crack sealing and seal coating services. 2. Apple Valley,Eagan,Lakeville,Rosemount, Savage,Prior Lake and Shakopee shall provide to Burnsville the estimated quantities for these services in each respective community,and shall also approve the bid documents. 3. Burnsville shall tabulate the bids upon their receipt and make a recommendation of award to Apple Valley,Eagan,Lakeville,Rosemount, Savage,Prior Lake and Shakopee and upon their approval,award the contract pursuant to State Law. 4. Each city shall be responsible for: • Preparing maps showing the proposed locations for these services including estimating the quantities. • Preparing the streets for markings in accordance with the specifications and coordinating with the contractor as to the timing of the actual work. • Inspecting the contractor's work,measuring the quantities of work performed, approving and certifying the progress or final payments to the contractor. • Pay a percentage of actual construction cost to City of Burnsville for legal and administrative cost on a sliding scale basis as follows: $0- 50,000-2% $50,000- 100,000- 1.5% Over 100,000- 1.0% 5. In accordance with the specifications,the contractor will submit an itemized invoice to each city separately for the work performed in each city. Upon approval of the invoice by the respective city,that city will remit the approved invoice amount directly to the contractor. 6. It is agreed that the cities of Apple Valley,Eagan,Lakeville,Rosemount, Savage,Prior Lake and Shakopee each of them,indemnify, save,and hold harmless the City of Burnsville and all of its agents and employees from any and all claims,demands,actions,or causes of action,for whatever nature,arising out of the contracting procedure by reason of the execution or performance of the work purchased for each respective city under this agreement,,and that the cities of Apple P Valley,Eagan,Lakeville,Rosemount, Savage,Prior Lake and Shakopee further agree to defend,at their sole cost and expense,any actions or proceedings commenced against their respective cities for the purposes of asserting any claim of whatsoever character arising hereunder. 7. This agreement can be terminated on the part of any individual city by giving sixty(60) days notice to the other cities,otherwise the agreement will automatically terminate on October 31, 1997. 2 + I IN WITNESS )kHEREOF,the parties have caused this Agreement to be executed on the date indicated below'. CITY OF BURNSVILLE BY: Mayor Elizabeth B.Kautz DATE: BY: Manager Gregory J. Konat CITY OF APPLE VALLEY BY: Mayor DATE: BY: Clerk CITY OF EAGAN BY: Mayor BY: DATE: Clerk CITY OF LAKEVILLE BY: Mayor DATE: BY: Clerk CITY OF ROSEMOUNT BY: Mayor DATE: BY: Clerk CITY OF SAVAGE BY: Mayor DATE: BY: Clerk CITY PRIOR LAKE BY: Mayor DATE: BY: • Clerk CITY SHAKOPEE BY: Mayor DATE: BY: Clerk 3 1). & 2 CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Joel Rutherford, Assistant City Engineer SUBJECT: Consider Bids for Trunk and Lateral Sanitary Sewer Project No.'s 1996-6 and 1996-9 DATE: January 21, 1997 INTRODUCTION: The bids for Project No.'s 1996-6 and 1996-9 were received on November 15, 1996. At the November 19, 1996 meeting, the bids were tabled, until references could be checked and until more was known about the acquisition of the easements necessary for construction. Attached is Resolution No. 4604 for City Council consideration. BACKGROUND: The bids for these projects were opened on November 15, 1996. The following is a summary of the bids received: Bonine Excavating, Inc. $124,917.60 Northdale Construction, Inc. $145,184.24 S.J. Louis Construction, Inc. $163,330.20 Minger Construction, Inc. $164,138.70 Landwehr Construction, Inc. $166,234.00 S.M. Hentges& Sons, Inc. $167,280.36 Latour Construction, Inc. $172,366.88 Barbarossa& Sons, Inc. $175,468.00 S.R. Weidema Construction, Inc. $177,336.38 Annandale Contracting, Inc. $178,157.00 Ryan Contracting, Inc. $185,812.40 Arcon Construction, Inc. $187,438.14 Richard Knutson, Inc. $195,937.60 Brown& Cris, Inc. $202,381.40 Duininck Bros., Inc. $240,100.00 Utility Systems of America, Inc. $275,409.00 The City has initiated the condemnation proceedings to acquire the easements necessary for construction, and these easements should be available by March 15, 1997. After checking the references for the low bidder, Bonine Excavating, Inc., staff is recommending awarding the contract for this project to them. Staff is also requesting authorization to execute a consultant contract with Bolton & Menk, Inc. to provide construction services with this project. ALTERNATIVES: 1. Accept the low bid and adopt Resolution No. 4604, awarding the contract to Bonine Excavating, Inc.. 2. Table this item. ACTION REQUESTED: 1. Offer Resolution No. 4604, A Resolution Accepting Bids for the Trunk Sanitary Sewer Areas "SS-H" & "SS-D", Project No. 1996-6; and for the Installation of Sanitary Sewer Laterals in the NE 1/4 of the NW 1/4 of Section 17, Township 115, Range 22; and the NW 1/4 of the NW 1/4 of Section 17, Township 115, Range 22, Scott County, Project No. 1996-9 and move its adoption. 2. Authorize the appropriate City officials to execute an extension agreement with Bolton &Menk, Inc. to provide consultant construction services for the City of Shakopee. 3. Authorize a 5% contingency amount for use by the City Engineer in authorizing change orders or quantity adjustments on this project. /4 Joel Rutherford Assistant City Engineer MEM4604 RESOLUTION NO. 4604 A Resolution Accepting Bids For The Trunk Sanitary Sewer Areas "SS-H" & "SS-D" Project No. 1996-6; And For The Installation Of Sanitary Sewer Laterals In The NE 1/4 Of The NW 1/4 Of Section 17, Township 115, Range 22; And The NW 1/4 Of The NW 1/4 Of Section 17, Township 115, Range 22, Scott County, Project No. 1996-9 WHEREAS,pursuant to an advertisement for bids for the Sanitary Trunk and Lateral Sewer Extension, Project No.'s 1996-6 and 1996-9, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Bonine Excavating, Inc. $124,917.60 Northdale Construction, Inc. $145,184.24 S.J. Louis Construction, Inc. $163,330.20 Minger Construction, Inc. $164,138.70 Landwehr Construction, Inc. $166,234.00 S.M. Hentges& Sons, Inc. $167,280.36 Latour Construction, Inc. $172,366.88 Barbarossa& Sons, Inc. $175,468.00 S.R. Weidema Construction, Inc. $177,336.38 Annandale Contracting, Inc. $178,157.00 Ryan Contracting, Inc. $185,812.40 Arcon Construction, Inc. $187,438.14 Richard Knutson, Inc. $195,937.60 Brown& Cris, Inc. $202,381.40 Duininck Bros., Inc. $240,100.00 Utility Systems of America, Inc. $275,409.00 AND WHEREAS,it appears that Bonine Excavating, Inc., 12669 Meadowvale Road, Elk River, MN 55330 is the lowest responsible bidder. NOW, 'THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. The appropriate City officials are hereby authorized and directed to enter into a contract with Bonine Excavating, Inc. in the name of the City of Shakopee for the Sanitary Trunk and Lateral Sewer Extensions according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with'their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. 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 /1. /3. 5 - CITY OF SHAKOPEE 0 d S e i T Memorandum TO: Mayor&City Council Mark McNeill, City Administrator FROM: Al Koester,Engineering Tech. II SUBJECT: Millpond Treatment Basin,Project No. 1995-7 DATE: January 21, 1997 INTRODUCTION: Council action is required for a resolution accepting work and making final payment on the Millpond Treatment Basin,Project No. 1995-7. 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$93, 526.40 and the actual final costs of$94,812.65 for the project. ACTION REQUESTED: Offer Resolution No. 4605, A Resolution Accepting Work on the Millpond Treatment Basin, Project No. 1995-7 and move its adoption. Al oester Engineering Tech. II AK/pmp MEM4605 RESOLUTION NO. 4605 A Resolution Accepting Work On The Millpond Treatment Basin Project No. 1995-7 WHEREAS, pursuant to a written contract signed with the City of Shakopee on January 9, 1996, Veit & Company, Inc. has satisfactorily completed the Millpond Treatment Basin 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 BE IT FURTHER RESOLVED,that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract in the amount of $3,000.00, taking the contractor's receipt in full. Adopted in session of the City Council of the City of Shakopee,Minnesota, held this day of , 1997. Mayor of the City of Shakopee Al l EST: City Clerk CERTIFICATE OF COMPLETION CONTRACT NO, : 1995-7 DATE: January 14 , 1997 PROJECT DESCRIPTION: Millpond Treatment Basin CONTRACTOR: Veit & Company , Inc . 14000 Veit Place Rogers , MN 55374 ORIGINAL CONTRACT AMOUNT . , , , , , , , , , , , $ 93 , 526 .40 QUANTITY CHANGE AMOUNT $ 1 ,286 . 25 CHANGE ORDER NO, THRU NO, AMOUNT , , , $ -0- FINAL CONTRACT AMOUNT $ 94 ,812 . 65 LESS PREVIOUS PAYMENTS $ 91 .812 . 65 FINAL PAYMENT $ 3 ,000 . 00 I, hereby certify that the above described work was inspected under my direct supervision and that, to the best of my belief and knowledge, I find that the same has been fully completed in all respects according to the contract, together with any modifications approved by City Council , I, therefore, recommend above specified final payment be made to the above named Contractor, dif2 Professional E "neer // �3 CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Hiring of Public Works Supervisor DATE: January 21, 1997 INTRODUCTION: Interviews have been held with candidates for the Public Works Supervisor position which was authorized by Council at the October 15, 1996 meeting. At this time, I am recommending that the City Council authorize the hiring of Michael Hullander to fill this position. BACKGROUND: Due to the retirement of Harry Pass, the Maintenance Foreman for the past 29 1/2 years, the Council authorized staff to advertise for a Public Works Supervisor to replace Mr. Pass. Staff utilized the Scott County Personnel Department to advertise for this position. Due to the growth of the City over the years, the Maintenance Foreman position is being upgraded to a Public Works Supervisor classification which is more in line to comparable nearby Cities the size of Shakopee. On January 8, 1997, six candidates were interviewed by an interview panel consisting of the City Administrator, Public Works Director, City of Eagan Street Supervisor and City of Prior Lake Public Works Supervisor. After reviewing the results of the interviews, the recommendation is to hire Michael Hullander of Shakopee, Minnesota. Mr. Hullander is currently a maintenance worker with the City for over 17 years and is a lifetime long Shakopee resident. His anticipated starting date would be January 22, 1997 as the Public Works Supervisor. Budget Impact: The advertised salary range for the Public Works Supervisor position was $35,130.00 to $43,913.00 and this is a non-exempt position which allows the employee overtime pay. Currently, this position is classified a working supervisor position, thus the non-exempt status. Ultimately, as the City grows, this position is anticipated a be a full time supervisory position at an exempt status. In negotiations with Mr. Hullander, it is agreed that he would start at Step 1 which is $35,130.00 or $16.889 per hour. RECOMMENDATION: It is recommended that the City Council authorize the hiring of Michael Hullander for the position of Public Works Supervisor. ACTION REQUESTED: Move to authorize the hiring of Michael Hullander as Public Works Supervisor and to be hired at Step 1 of the 1996 Pay Plan with an effective date of January 22, 1997. thiA4412-- Bruce Loney Public Works Director BL/pmp HIRING CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Authorization of Public Works Personnel DATE: January 21, 1997 INTRODUCTION: Staff is requesting City Council authorization to hire a maintenance worker in the Public Works Department to fill a vacancy due to retirement. BACKGROUND: With the recent retirement of Harry Pass, Public Works Foreman, and the promotion of Michael Hullander to the Public Works Supervisor position, the Public Works Department has a maintenance worker position vacant. This position is included in the 1997 Budget. Staff is requesting that the position be filled with a full time employee for the following reasons: • The City of Shakopee is growing and has supported the position in past years. • Position was previously authorized. Staff has included a request to hire an additional maintenance worker as included in the 1997 Budget. One additional full time maintenance worker was included in the budget, due to the increasing number of miles of streets, sewers and sidewalks due to development and additional miles of State and County highways that are being turned back to the City in 1996 and 1997. Due to the internal promotion of a maintenance worker to Public Works Supervisor and the fact this employee is on probation, staff believes it is best to wait until the probationary period is completed for the Public Works Supervisor to fill the additional maintenance worker position included in the 1997 Budget. Attached to this memo is Appendix A, showing the salary and benefit schedule for a maintenance worker in the Public Works Union. The 1996 starting salary is $12.779 per hour or $26,580.32. Staff is proposing to utilize City staff in hiring for this position. Staff believes that the hiring process for this position can be done more effectively in-house. On middle and upper management positions, staff believes utilizing Scott County personnel may be more appropriate. ALTERNATIVES: 1. Authorize staff to advertise and hire two full time maintenance workers. 2. Do not authorize staff to advertise for two full time maintenance workers at this time. 3. Authorize staff to advertise and hire one maintenance worker to fill the vacant position and wait on the hiring of the budgeted additional maintenance worker position until later. 4. Table for more information. RECOMMENDATION: Staff recommends Alternative No. 3, as the vacant position was budgeted for in 1997 and in previous years. ACTION REQUESTED: Move to authorize the appropriate City staff to utilize in-house staff in hiring one maintenance worker for the Public Works Department. Atte , Bruce Loney Public Works Director BL/pmp PERSON Illr' PUBLIC WORKS UNION City Clerk APPENDIX A Salary and Benefit Schedule for Local No. 320 for -94 .: Y p J . Y2 #3 �1 #4.fret Performance Start After After 3 yrs 5 yrs Bonus Maintenance Worker $11.927 $12.648 513 .410 514.224 $ .50/hr ` -4 512.041 512.751 513.52; 51; .337 $ .60/hr Mechanicg .60/hr :t Acting Foreperson Assignment . eiei = hedul6for• Local No: 320•for 1995_ ..a Y2 Si S. *1 After After After Performance Start 5 yrs Bonus $12.285 513.027 513.812 $14.650 $ .50/hr $12.402 $13.134 $13 .930 $14.767 $ .60/hr :y $ .60/hr :S1tt. Salary and Benefit Schedule for Local No. 320 for 1996 • Y Y2 #3 R4 Start After After 1 R After Performance 4 Yrs Bonus 1 vr. Maintenance Worker $12.654 $13.419 $14.226 515.089 $ .50/hr Mechanic $12.774 $13.528 $14.:46 $15.210 $ .60/hr $ .60/hr ActingForeperson Assignment 11 II 6. 6 CITY OF SHAKOPEE C 0 43 e,yT" Memorandum TO: Mayor&City Council Mark McNeill, City Administrator FROM: John H. DeLacey,Engineering Tech. III SUBJECT: 10th Avenue Storm Sewer Laterals,Project No. 1996-5 DATE: January 21, 1997 INTRODUCTION: Council action is required for a resolution accepting work and making final payment on the 10th Avenue Storm Sewer Laterals,Project No. 1996-5. 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$140,748.60 and the actual final costs of$146,182.40 for the project. ACTION REQUESTED: Offer Resolution No. 4606, A Resolution Accepting Work on the Storm Sewer Laterals on 10th Avenue, from County State Aid Highway 17 to Shakopee Avenue; and Swift Street, from 10th Avenue to Shakopee Avenue,Project No. 1996-5 and move its adoption. /_.12W:O/e, John H.DeLacey Engineering Tech. III JHD/pmp MEM4606 RESOLUTION NO. 4606 A Resolution Accepting Work On The Storm Sewer Laterals On 10th Avenue, From County State Aid Highway 17 To Shakopee Avenue; And Swift Street, From 10th Avenue To Shakopee Avenue Project No. 1996-5 WHEREAS, pursuant to a written contract signed with the City of Shakopee on August 27, 1996, Penn Contracting, Inc. has satisfactorily completed the 10th Avenue Storm Sewer Laterals Project 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 BE IT FURTHER RESOLVED,that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract in the amount of $7,309.12, taking the contractor's receipt in full. 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 CERTIFICATE OF COMPLETION CONTRACT NO, : 1996-5 DATE: January 14 , 1997 PROJECT DESCRIPTION : 10th Avenue Storm Sewer Laterals CONTRACTOR: Penn Contracting , Inc . 13025 Central Avenue N . E . /Ste. 200 Blaine , MN 55434 ORIGINAL CONTRACT AMOUNT $ 140 , 748 . 60 QUANTITY CHANGE AMOUNT $ 2 , 133 .80 CHANGE ORDER NO, 1 THRU NO. -- AMOUNT . . $ 3 , 300 . 00 FINAL CONTRACT AMOUNT $ 146 , 182 .40 LESS PREVIOUS PAYMENTS $ 138 ,873 . 28 FINAL PAYMENT $ 7 , 309 . 12 I , hereby certify that the above described work was inspected under my direct supervision and that, to the best of my belief and knowledge, I find that the same has been fully completed in all respects according to the contract, together with any modifications approved by City Council , I, therefore, recommend above specified final payment be made to the above named Contractor, ejL° Professional En' jeer �1• C. I. CO Pi S vv. T' January 3, 1997 TO: Chief Tom Steininger FROM: Don Bisek SUBJECT: Retirement Please accept this memo as my official notification of my retirement from the Shakopee Police Department. My last day of employment will be January 31, 1997. I have served the City of Shakopee and its Police Department for 29-1/2 years and am grateful for having had the opportunity. Respectfully submitted, ,p", RECOMMENDED ACTION: Accept the resignation of Don Bisek from the Police Department, with regrets. CITY OF SHAKOPEE Memorandum TO: Honorable Mayor and Members of the City Council Mark McNeill, City Administrator FROM: Tom Steininger, Chief of Police SUBJECT: Towing Contract DATE: January 22, 1997 INTRODUCTION: At their meeting on December 3, 1996, Council directed Staff was to determine what other cities are doing for towing contracts and to analyze the pros and cons of multiple versus single vendors, rotation of vendors and the cost to the City to administer various alternatives. BACKGROUND: Police departments in Prior Lake, Savage, Chaska, Jordan, Belle Plaine,New Prague and Red Wing were contacted and asked the following questions and provided the responses indicated. Red Wing was include because one of the local wrecker companies cited them as an example of a city that calls towing companies according to rotating schedule. 1. How many towing companies do you use? Name(s): 2. If you use more than one towing company, how do you decide who to call? a. Rotate by the call? b. Rotate by the day? by the week? by the month? by the quarter? c. Size of truck needed? d. Primary and Back-up? 3. Do you have a towing contract with your service provider(s)? 4. Do you have any control over what they charge? 5. Are you happy with this arrangement? 6. What would you do differently 3 Belle Plaine uses two towing companies. John's Mobil is the primary provider. Jack's Service is called if John's cannot respond. There is no contract between the city and the towing companies and the city has no control over towing charges. The person contacted was Chief Steve Rost. He would like a city tow truck and storage lot. Chaska uses one towing company, Shakopee Towing. The city has a contract with the towing company and does control towing charges. They are very happy with this arrangement. The person contacted,Lt. Scott Knight indicated Chaska is very happy with Shakopee Towing noting that they bring the proper equipment to the scene and clean up. Jordan uses one towing company, S &L Towing. There is no contract and the city does not control towing charges. The person contacted, Chief Alvin Erickson is satisfied with this arrangement which he says has been in place for 25 years. New Prague uses one towing company, J&K Towing. They do not have a contract and have no control over towing charges. They are satisfied with this arrangement. The person contacted was Chief Dennis Rohioff. Prior Lake uses two towing companies. Shakopee Towing is the primary provider. Allen's Towing is called if Shakopee Towing cannot respond. They have no contract and the city has no control over towing charges. The person contacted was Lt. Steve Schmidt who indicated that while they are satisfied with this arrangement, they would like to see a towing company and storage lot located in Prior Lake which would make it easier for citizens to recover their vehicles. Red Wing uses two towing companies, Siewarts Garage and Midway Auto. They call Siewarts on the odd numbered days and Midway on the even numbered days. They have no contract and the city has no control over towing charges. They are happy with this arrangement. The person contacted was Lt. Daryl Glander. Savage uses one towing company, Allen's Towing. The city establishes requirements which are set forth in a five year contract which controls towing charges, provides for three city vehicles a month to be towed with no charge and requires a twenty minute response time. They are happy with this arrangement. The person contacted was Chief Gordon Vlasak. No one uses a rotation based upon geography or the size of vehicle to be towed. When a Shakopee police officer calls a wrecker, the intent of the call is to provide the highest level of service possible to the public. Therefore, Shakopee Police Department concerns about wrecker service usually lie in the following areas: • Reasonable response times are important for effective use of police resources. Officer time spent figuring out which tow company to call, waiting for a wrecker to arrive and/or recording voluminous information about routine tows is wasteful. • Expeditious removal of vehicles from the roadway is important to eliminate dangerous situations as quickly as possible and to restore use of roadways to the public in a timely manner. This includes cleaning up debris if the call is an accident. • It is important that no one gets hurt and that no vehicles or property are damaged • Return of towed vehicles to owners is facilitated if the vehicles are all towed to one location which maintains reasonable office hours. A surprising number of people who have been in accidents come to the police department looking for their car having no idea who towed it, the jurisdiction it was towed from, the color of the uniform the officer wore or what color car the officer drove. Use of more than one towing company will at some time result in someone being sent to the wrong place to retrieve their car. • Equipment and operators present a clean, caring appearance on behalf of the city. ALTERNATIVES: 1. Continue to contract with a towing company which can provide all services needed. 2. Designate a back-up company to be called if the primary contractor is unavailable 3. Implement a rotation schedule based on time. RECOMMENDATION: Alternative#1. BUDGET IMPACT: None. ACTION RECOMMENDED: If a recommendation other than#1 is selected, it will be necessary to invite and receive proposals from interested towing companies. AGREEMENT THIS AGREEMENT, made and entered into this day of , 1997, by and between the City of Shakopee, and , hereinafter referred to as the "Contractor. " WITNESSETH: WHEREAS, the City of Shakopee desires to enter into a contract for the towing, impounding, and storage of motor vehicles; and WHEREAS, the Contractor is the operator of a towing and storing facility located in the City of Shakopee and is desirous and willing to enter into such a contract with the City. NOW THEREFORE, the parties heretofore, in consideration of the covenants hereinafter set forth, agree as follows: 1. The Contractor hereby agrees to tow, impound, and store all motor vehicles which are ordered removed under the direction of the Police Chief of the City of Shakopee or persons authorized by him. 2. The Contractor shall have satisfactory equipment and personnel to provide immediate service on all vehicles ordered impounded by authorized City Officials at all times, twenty-four (24) hours a day, seven (7) days a week, holidays included. 3 . The contractor shall own or have available to the City of Shakopee, Minnesota, the following equipment: A. A minimum of two (2) tow trucks having a gross vehicle weight of eight thousand (8,000) pounds or more, equipped with a crane and winch, and further equipped to control the movement of the towed vehicle; and B. Equipment capable of uprighting and towing a loaded semi tractor-trailer combination; and 1 C. Equipment sufficient to move a completely demolished vehicle on dollies or low-bed trailer. The Contractor agrees to maintain said equipment in good condition and repair. The City reserves the right to inspect the Contractor's equipment from time to time for the purpose of determining whether the equipment is in good condition and repair and in conformance with the terms and conditions of this Agreement. 4. All storage and parking lot facilities and equipment of the Contractor must be located within the City limits of Shakopee, Minnesota. The storage and parking lot facilities of the Contractor shall meet all applicable state and building code standards and municipal licenses and zoning requirements, including those relating to screening and landscaping. 5. The Contractor shall control and operate facilities capable of storing a minimum of four (4) vehicles inside and facilities capable of storing a minimum of twenty (20) vehicles outside. It is further agreed that vehicles need be stored inside only when so directed by an authorized City Official. 6. The Contractor assumes full responsibility for the conduct of its employees and guarantees that its employees will respond promptly to calls, use safe and adequate equipment, be clean in appearance, use decent language, and treat the public courteously at all times. 7. The Contractor shall be solely responsible for the loss of damage to any motor vehicle, including its equipment and contents, from the time the vehicle is turned over to the Contractor or its 2 agent by an authorized City Official until such time as the vehicle is released to the registered or actual owner or agent thereof. 8. The Contractor agrees to maintain proper records of all vehicles received. These records shall be approved by the Police Chief of the City and are available at all times for inspection by authorized City Officials. The records shall include a copy of the police impounding report. The Contractor must submit to the Police Chief of the City of Shakopee monthly reports of vehicles stored and released. The contents of these reports shall be determined by the Police Chief of the City. 9. All vehicles towed or impounded for the Police Department of the City are to be released by the Contractor only upon the showing of a release form issued by the Police Department of the City. Either the Contractor or its employee must be present at the Contractor's parking facility or on call at least between the hours of 8:30 a.m. and 5:30 p.m. , Monday through Friday, and on Saturday from 9: 00 a.m. to 1: 00 p.m. , and Sunday from 10: 00 a.m. to noon, for the purpose of releasing vehicles to authorized claimants. 10. It is agreed that motor vehicles will not be driven during the towing procedure. Where a motor vehicle is without tires or has flat tires, the Contractor agrees to tow the vehicle without damaging the wheels further and further agrees not to tow a vehicle on its rims, on wheels without tire, or on flat tires. 3 11. When the Contractor arrives at the scene of a tow where a motor vehicle accident has occurred, the Contractor assumes responsibility for removing any vehicular parts or other debris resulting from the accident. 12. The Contractor shall be entitled to a charge for its towing, storage, and debris removal services pursuant to those fees specified in the following schedule. The fees shall apply only when the car is towed to the Contractor's storage area at the direction of the City of Shakopee. Towing requested by vehicle owners shall be subject to fees agreed upon between the Contractor and the owner including charges for towing vehicles outside the City of Shakopee. A. 1. Towing Charges: Type I, all tows which involve a vehicle which is on or immediately adjacent to a public street or alley and which can be secured for towing with the usual type of winching. Type II, all tows which involved a vehicle which is not on or immediately adjacent to a public street or alley or which requires an unusual amount of winching to secure it for towing by one tow truck or the use of a r! dolly to tow the vehicle. Type III, all tows which involve a vehicle that requires, and for which a specific request has been made, two or more tow trucks. minimum. NOTE: The designation as to the type of tow performed will be by the duly authorized agent of the City. Any disagreement with this designation shall be made in writing to the City Administrator within 24 hours. 2. Administrative Fee. A minimum administrative fee will be added to all tows. 4 B. Towing of Large Vehicles. Towing of vehicles of more than five (5) ton factory rated capacity. minimum. C. Reclaimed Vehicles at Scene. If an operator of the Contractor is called to tow a vehicle and after arriving at the scene of the tow, the owner appears to claim said vehicle, the vehicle may be turned over to the owner provided the police authorize the release of the vehicle and the towing operator is paid a service fee in the amount of one-half (1/2) of the Type I towing charge. D. Storage Charges. 1. Twenty-four (24) hours or fraction thereof A. Inside storage B. Outside storage E. Clean Up Charges. 1. Removing vehicular parts and routine sweeping and clean-up 2. Removing debris other than vehicular parts, and more extensive clean-up hour. F. Unlocking Vehicles: G. Vehicle Release. The release of vehicles will be conducted during posted normal working hours. A release requested after normal working hours will be charged an additional service call fee of 13 . The City shall not be responsible to the Contractor for the payment of any charge for towing, storage, clean-up, and/or unlocking vehicles. 14. Should the Contractor fail to appear at the designated point to tow within twenty (20) minutes after a call, the city reserves the right to call another tow service to perform the work. If the Contractor is called for a tow and is unable to respond, it must immediately so inform the City Official or department requesting the tow, and the City hereby reserves the right to 5 another tow service to perform the work. In any case, only the towing service which performs the work will be paid. 15. This Agreement will not be executed nor shall the Contractor commence work under this Agreement until the Contractor has established that it has obtained the insurance coverage set forth and effect with respect to all operations os the Contractor. The Contractor agrees to furnish to the City a copy of its policy or policies which shall be in force on the date of the execution of the Agreement and shall continue for a period equal to the duration of the Agreement. The following coverage is required: A. Public Liability Insurance including general liability, automobile liability as follows: 1. Bodily Injury Liability in the amount of at least $600,000 for injury or death of any one person in one occurrence. 2. Bodily Injury Liability in the amount of at least $600, 000 for injuries or death arising out of any one occurrence. 3 . Property Damage Liability in the amount of at least $50, 000 without aggregate limit for any one occurrence. Such property damage insurance shall include coverage for property in the care, custody, and control of the Insured. 4. Garage Keepers' Legal Liability policy in the amount of at least $30,000. Each of these policies shall carry an endorsement which reads: It is understood and agreed that the insurance provided under the undermentioned policy and endorsement attached thereto, is hereby extended to apply to the liability imposed by law on the City of Shakopee for bodily injury and for damage to property, which liability is assumed by the Insured under the towing Agreement between the City of Shakopee and the Insured. B. Worker's Compensation Insurance covering all employees of the Contractor working in the job in accordance with the Minnesota Worker's Compensation Law. 6 C. Cancellation Notice the policy shall provide for 10 days notice to the City before any changes or cancellation of each policy becomes effective. 16. The Contractor shall defend, indemnify, and hold harmless the City, its employees and agents, from any and all claims, causes of action, lawsuits, damages, losses and expenses on account of bodily injury, sickness, disease, death, or property damage as a result, directly or indirectly, of the operations of the Contractor in connection with the work performed under this Agreement. In the event the Contractor shall fail to assume full responsibility for the defense of any claim after proper notice, the City shall have the right to defend such action and to charge all costs thereof to the Contractor. 17. The Contractor shall operate its parking facility in compliance with the terms of this Agreement and all applicable laws, ordinances, rules, and regulations which are now in effect or which may hereafter be adopted. 18. It is mutually understood and agreed that no alteration of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. 19. In the event of a breach by Contractor of any terms or condition of this Agreement, the City shall have, in addition to any other legal recourse, the right to terminate this a Agreement forthwith. 20. This Agreement shall be for a period from , 1997 to December 31, , provided that either party may terminate the same without cause by giving ninety (90) days' written notice to the other. 7 21. A copy Agreement this A reement and a schedule of the fees authorized shall be posted in a conspicuous place in the Contractor's garage. 8 IN WITNESS THEREOF, the parties have caused this Agreement to be executed by their appropriate officers and their seals affixed as of the day any year first above written. CITY OF SHAKOPEE: Its Mayor Its Clerk Its Administrator CONTRACTOR: By Its Revised 01/14/97 9 II. C. 5. CITY OF SHAKOPEE Memorandum C d,,.i TO: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: Tom Steininger, Chief of Police SUBJECT: Unmarked Car DATE: January 15, 1997 INTRODUCTION: The Police Department is seeking Council authorization to purchase a used car to replace a 1988 Plymouth Caravelle which is currently being used as an unmarked investigative vehicle. BACKGROUND: The Police Department would like to purchase a used 1996 Chevrolet Lumina or similar intermediate size vehicle which is still covered by a bumper-to-bumper warranty and turn the Plymouth over to the Finance Director and City Mechanic for evaluation and reassignment according to the City Vehicle Replacement Policy. The following means of acquiring a vehicle have been investigated: • Leasing. The City Finance Director advises that leasing a vehicle is not in the best interest of the City if the duration of the lease is over 4 years. • Purchase a new vehicle through a government purchasing contract. This year, government purchasing contract prices are not that attractive. The price of a new Taurus, for example, is around $14,800. Used cars covered by a bumper-to-bumper factory warranty are more economical to purchase. Used cars are not available through government purchasing contracts. • Purchase a used car from a rental company. Most rental companies still dispose of their cars at auto auctions such as Northstar Auto Auction. Although some lease cars are available at the airport lots, selection is limited. • Purchase a late model used car from a local dealer. The City can buy used cars at auction almost as cheaply as a dealer. In the past, one local dealer has submitted informal quotes in excess of what we have been willing to spend. The other has not returned our calls. • Purchase a used car covered by a bumper-to-bumper factory warranty through Northstar Auto Auction. In the past, the City has found the best deals here in the form of program cars. Program cars are late model used cars owned by General Motors which have usually been driven around 15,000 miles. They come covered by the balance of a new car bumper- to-bumper warranty. Purchasing a used vehicle at Northstar Auto Auction involves finding a vehicle that meets our needs, purchasing it if the price is right and paying for it within 24 hours. To do this, city officials need advance authorization from Council to purchase a vehicle without knowing exactly what that vehicle will be or exactly what it will cost. BUDGET IMPACT: Funds in the amount of $13,900 for an unmarked car were approved in the 1997 Police Budget. ALTERNATIVES: 1. Purchase a used car at Northstar Auto Auction. 2. Purchase a used car from a local dealer RECOMMENDATION: Alternative#1. ACTION REQUES[Ell: Authorize the appropriate city officials to purchase a used 1996 Chevrolet Lumina or similar intermediate size car through Northstar Auto Auction for not more than $13,900 including taxes and acquisition fees. e� .. x- A� ` '4'4: ' ''''''AA'''' '''' 4**'f'' '''' The Shakopee Valley News ° '�` F {t. • PO Box 8, Shakopee, Minnesota 55379•612.445.3333 • 'lre..„46-0 . January 15, 1997 ''' '� � City Council City of Shakopee - *- '"+ ' Shakopee, Minnesota 55379 Wit€ 'f ' ,# 9s n. t+ n. �, i �€v � � mss � � a � x� 3 ..ti A. t` This letter is in response to the question: "Why does Scott County p� ; , pay so much less for its legal notices in the Savage Pacer than do a " 4 ��- legal notice customers in the Shakopee Valley News?" : : ; ' :' It's a good question. And there's a good answer. , q8p ''' x " r • Public notice is controlled by state statute. The Legislature w �� k tells the City of Shakopee where it must publish its legal notices - �' °� and it tells the Shakopee Valley News the maximum amount it may n x` ; k charge. , , • '. ''' '\""Y--''''' n' �k t If there is a legally-constituted newspaper based in Shakopee, 444 _ that's where the notices must be published. And the newspaper -'5 ., a cannot charge more than it charges its best classified advertising 4 �.- customer. Using the state formula, the most the Valley News can 1,...314-q*,-;- w for a legal notice in 1997 is $11 a column inch. The rate � � established by us for 1997 for legal notices in the Valley News is 4.4 - x1' r $8. 05 per column inch. All customers pay that rate. Our standard � f ,ist affidavit of publication form accompanies this letter. State law b _' I X41, "' ` requires that our rates to be certified on each affidavit. ` �- The Savage Pacer has chosen to publish the Scott County proceed- - ' - ^'/ ings at a loss because it needs to fill space. The Savage Pacer is ,, ,, '- required by the U.S. Postal Service to publish a minimum of 24 " - a : ;` pages each week in order to qualify for the particular postal rate ' =7 it uses. (The Valley News has no such requirement) . Scott County r4 '',.''''• .'4,4441 is a large volume user of space. Under an agreement, the county ,,. ' • , providesbulk copy to the Pacer in a tagged electronic format so r { Y " '1that minimal additional labor is required by the newspaper to - publish it. The Savage Pacer gets what it wants to help fulfill .$ t its postal requirement, the county gets a greatly reduced rate, >.'a and every taxpayer in the county benefits from the cost savings. I hope this adequately answers the council s �ilr\-:,4 ".-...t45,4- 400W-,,,,xt � : , p q Y questions. You are to l be commended for your careful attention to these matters. I shall r.,-,„:. .c4,.."' '; be out of town the week of January 19, but if there are further,� � �414P y " �u • questions, I am at your service. If the city would like to explore " electronic copyre aration � � y� p p procedures 'th an eye to earning a , '"^ � discount for providing publication-re.dy material, we would be * 4. :4£ , happy to discuss that as well. 4 ��� tan Rolfsrud : ,+Ai . as Publisher A ^4� � �r�u . S 4 . P� 4 Affidavit of Publication. Southwest Suburban Publishing State of Minnesota) )SS. County of Scott ) Stan Rolfsrud,being duly sworn,on oath says that he is the publisher or the authorized agent of the publisher of the newspapers known as the Shakopee Valley News,Jordan Independent,Sav- age Pacer and Prior Lake American,and has full knowledge of the facts herein stated as follows: (A)These newspapers have complied with the requirements constituting qualification as a legal newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as amended. (B)The printed public notice that is attached to this Affidavit and identified as No. was published on the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both inclusive,and is hereby acknowledged as being the kind and size of type used in the composition and publication of the Notice: abcclefghijklmnopgrstuvwxyz By: Stan Rolfsrud,General Manager or his designated agent Subscribed and sworn before me on this day of , 1997 Notary Public RATE INFORMATION Lowest classified rate paid by commercial users for comparable space....$11.00 per column inch Maximum rate allowed by law for the above matter $11.00 per column inch Rate actually charged for the above matter $8.05 per column inch CITY OF SHAKOPEE Memorandum , e �. 1. TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Designation of Official Newspaper DATE: December 24, 1996 INTRODUCTION: One of the actions that City Council should perform at their first meeting of the year is the designation of an official newspaper. BACKGROUND: The City is required by law to publish certain matters in its official newspaper, during_the course of the year. We publish the Council minutes(motions only), Ordinances, Resolutions when required by law, notices ofpublic hearings on planning matters and public improvement projects, and advertisements for bids. It is appropriate that this designation be made at this time. To be qualified as a medium of official and legal publication, a newspaper must meet certain qualifications set forth by State law. To name a few,it must be distributed at least five days each week if a daily paper or be distributed at least once each week for 50 weeks each year if not a daily paper. News columns devoted to news of local interest to the community which it purports to serve must be 25%if published more often than weekly and 50%if weekly. It must be circulated in the City which it serves and meet certain circulation requirements. It must have its known office of issue located within the county or adjoining county of the City it serves. It must file a statement of ownership and circulation with the secretary of state each year. As long as I can remember,the Shakopee Valley News has been the City's official newspaper. The City has received the attached letter from Mr. Rol£srud asking that the City consider appointing the Shakopee Valley News as its official newspaper. The 1997 charge for legal notices will be$8.05 per column inch. Previous years charges for legal notices were: 1996-$7.67/column inch for 1st insertion 1995 - $7.30/column inch for 1st insertion 1994-$6.89/column inch for 1st insertion The City has budgeted $18,700 for 1997 for legal publications and has spent $14,500 through November 30, 1996. The City has had a very good working relationship with the Shakopee Valley News. They have been most cooperative in publishing notices that were sent to them ager their deadline and have published them whenever possible. They have published items at no charge in their"In Brief' section as well as press releases. They have also written articles on matters when requested to get the word out. ALTERNATIVES: 1. Designate the Shakopee Valley News as the City's official newspaper. 2. Obtain quotes from other newspapers that may qualify as an official newspaper. RECOMMENDATION: Staff recommends alternative #1. Residents of the City are more likely to look for legal notices pertaining to their community in a local publication. RECOMMENDED ACTION: Move to designate the Shakopee Valley News as the official newspaper for the City of Shakopee for the year 1997. iidakyudy\SVN-0FFi Shakopee Valley News December 13, 1996 Mr. Dennis Kraft, City Administrator City of Shakopee 129 Holmes St. South Shakopee, MN 55379 Dear Mr. Kraft, Please consider our request for appointment of the Shakopee Valley News as the official newspa- per for the City of Shakopee in 1997. Legal notices published in the Shakopee Valley News during this time period will be billed at the rate of $8.05 per column inch for the first insertion and $5.84 per column inch per subsequent insertions. A complete guide outlining our procedures and rate structure, as well as a copy of our certification from the Secretary of State's Office which enables us to publish legal notices, is enclosed. In accordance with Minnesota Statute 331A.02, the Shakopee Valley News has met certain quali- fications in order to become a legal newspaper to better serve the community. Some of the quali- fications we must meet to become a legal newspaper include: distribution of the paper at least once a week for 50 weeks out of the year; be circulated in the local public corporation which it purports to serve, and either have at least 500 copies regularly delivered to paying subscribers, or have at least 500 copies regularly distributed without charge to local residents; have its known office of issue established either in the county in which is lies in whole or in part, the local public corporation which the newspaper purports to serve, or in an adjoining county; file a copy of each issue immediately with the state historical society; etc. These are just a few of the stringent guide- lines a newspaper must fulfill in order to become a certified legal newspaper. It is our goal to serve you as your legal newspaper for the coming year. Thank you for the opportunity to be of service to you in the past. We hope that relationship can be continued in the coming year. Respectfully, ddfa4r /6"-- (CC Stan Rolfsrud Publisher SHR:beb enclosure 327 Marschall Road • Suite 125 • Shakopee, Minnesota 55379 • (612) 445-3333 INFORMATION FOR GOVERNMENTAL BODIES AND INDIVIDUALS USING THE LEGAL NOTICES SECTION OF THE SHAKOPEE VALLEY NEWS Deadlines Notices to be published must be received in the office of the Shakopee Valley News by 4 p.m. on the Friday preceding each publication date.This deadline must be observed to ensure accurate and timely publication of important notices. We will not accept faxed notices as legal documents, as these copies are often unreadable.All notices should be clean and typed. Affidavits One sworn affidavit of publication will be provided,upon request, without charge for each legal notice. Additional affidavits are available at$3.50 each. Additional clippings are available for$1.00 each. Late Fee Urgent legal notices which do not arrive at the Shakopee Valley News office before the specified deadline may be accepted, at the publisher's discretion, but will have a late fee or surcharge of 25 percent added for special handling. Publication Requirements Most specifications for legal notice publication, including the number of times a notice is to run, are set forth by statute. Interpretation of the statutes is the responsibility of the customer and its legal counsel,not the publisher. Guidelines for governmental bodies,prepared by the Minnesota Newspa- per Association, are available upon request. Kill Fee Publication of scheduled notices may be stopped,depending on how far the printing process has advanced. If a legal notice is killed before the initial publication date,the customer may still be liable for a special typesetting fee,not to exceed 30 percent of the cost of the published notice. The cus- tomer must pay on a pro data basis,for that part of a series of publications that have been completed before interruption by the customer. Errors Publisher assumes no responsibility for errors in typesetting or scheduling of legal notices. In all cases, publisher's liability shall be limited to a"make good" of a defective notice if it can be demon- strated that the error was made by the publisher and that as a result of the error the legal notice was rendered invalid. Rates Effective January 1, 1985, the Minnesota State Legislature authorized legal newspapers to charge for legal notices in the same manner in which they charge their best commercial display classified customers. That means that legal notices are billed by the column inch, not by the "legal line."The law also restricts rate increases exceeding 10 percent per annum. SHAKOPEE VALLEY NEWS RATE INFORMATION Lowest classified rate paid by commercial users $11.50 per column inch Legal advertising, first insertion $8.05 per column inch Legal advertising, subsequent insertions........................................... $5.84 per column inch CITY OF SHAKOPEE Memorandum CONS e T TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Agreement- Shakopee Cable Access Corporation DATE: January 16, 1997 INTRODUCTION: The Council is asked to approve an agreement with the Shakopee Cable Access Corporation (SCAC)which would formalize recently negotiated changes regarding payment and receipt of cable franchise fees. BACKGROUND: Previously, Paragon Cable has paid directly to the City the 5%cable franchise tax which it collects from Shakopee cable customers. The City then extracted from those revenues reimbursement for staff time, legal fees, etc., which were related to cable television. The remainder was then forwarded to the Cable Access Corporation. However, this is contrary to the by-laws of the Cable Access Corporation. Therefore, in order to make things consistent, an agreement was directed to be negotiated, wherein the cable company, would pay all collected franchise fees directly to the Shakopee Cable Access Corporation directly. The City will then invoice SCAC for any reimbursement on a monthly basis. Within 30 days SCAC will pay the City the invoiced amount. The contract also provides that the Cable Access Corporation shall hire a qualified Public Accountant to review SCAC financial records. That is currently underway. BUDGET IMPACT: Other then a small change in cash flows,there should be no budget impact. RECOMMENDATION: I recommend that the agreement between the City and SCAC be approved. ACTION REQUIRED: If the Council concurs, it should, by motion, direct the Mayor and City Clerk to execute the agreement by and between the City of Shakopee and the Shakopee Cable Access Corporation as attached. lA4jThL9Ui Mark McNeill City Administrator AGREEMENT THIS AGREEMENT is made and entered into this day of _ , 1997 by and between the City of Shakopee, a Minnesota municipal corporation ("City") and the Shakopee Cable Access Corporation, a Minnesota non-profit corporation operating in the City ("SCAC") . RECITALS A. The City authorized SCAC to be formed for the purpose of administrating the cable franchise agreement between the City and Paragon Cable ("Company" ) , including the Company' s payment of franchise fees and other fees ("Fees") to the City pursuant to the franchise agreement . B. The City and SCAC agree that the Company should pay all Fees directly to SCAC, rather than through the City, and that the City should invoice SCAC for requested services rendered by the City. NOW, THEREFORE, for valuable consideration the parties agree as follows: 1. Company Fee Payments. Effective January 1, 1997, all Fees payable by the Company to the City pursuant to the franchise agreement shall be paid to the SCAC. An authorized representative of the City shall provide a copy of this Agreement to the Company and direct it to remit its Fee payments in accordance with this Agreement. 2 . The City Services to SCAC. The City has performed and shall continue to perform services for SCAC at its written request . City shall invoice SCAC for such services on a monthly basis. SCAC shall pay the City for the agreed upon services in accordance with the agreed upon rates, within 30 days of the date of invoice. This JMS115400 SH155-7 Agreement shall not change the nature or scope of services rendered by the City to SCAC. 3 . SCAC Financial Records. Commencing with a review of 1996 SCAC operations and as soon as such records are available, the SCAC Board of Directors shall hire a qualified public accountant to review SCAC financial records. The accountant shall report the results of the review to SCAC and the City. Either the SCAC Board or the City may request an audit of SCAC at their independent discretion. 4 . Amendments. This Agreement may only be amended in a writing signed by both parties. IN WITNESS WHEREOF, the undersigned have agreed as of the day first above written. • CITY OF SHAKOPEE By Mayor By City Administrator By City Clerk SHAKOPEE CABLE ACCESS CORPORATION By President JMS115400 SH155-7 CITY OF SHAKOPEE //, E. 3 Memorandum cofy eNT TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Scott Joint Prosecution Association-Joint Powers Agreement Amendment DATE: January 15, 1997. INTRODUCTION: The Council is asked to approve amendments to the Joint Powers Agreement for Prosecution Services, for the Scott Joint Prosecution Association(SJPA). BACKGROUND: The Board of Directors of the SJPA met January 13th to consider two amendments to the organization's by-laws. They concern the following issues: 1. Section 5, Costs Limited. At the time that the SJPA was formed in 1991, the by-laws provided that if there were budget underruns, that those would be refunded to the cities proportionately. An interpretation of this might mean that there would be no fund balance carried over from year to year. While there is agreement on the part of all participants in the SJPA to keep as much cash in their own city's budget, it does create some operational problems. There is usually a span of 6 weeks at the end of the first quarter annually where the City of Savage has had to front monies to pay operating bills. This is before the receipt of payment of the quarterly billings. A recommendation is to have the by-laws amended so that a small fund balance ($30,000-$45,000 is recommended)be authorized; currently, there is about$20,000 in the SJPA fund balance. 2. Section 10, Termination as to One Party. If the fund balance as amended in Section 5 is approved,provisions must be made in case one of the member cities wishes to withdraw from participation. This amendment would therefore provide for the city leaving the SJPA to receive a proportionate share of the existing fund balance. The amount of the refund would be determined by how much the city contributed to the fund balance - obviously, as a recent joiner, Shakopee would not be entitled to the same proportionment amount of a refund upon a termination, as would a charter member. 13UI)GET IMPACT: By amending the by-laws as suggested, each city will see a slight reduction of their general fund balance at year end, caused by underruns not being refunded. However, once the fund balance is built up, the proportionate refunds should continue. RECOMMENDATION: I recommend that both sections of the Joint Powers Agreement by-laws be modified as described. ACTION REQUIRED: If the Council concurs, it should, by motion, approve the amendments to the Joint Powers Agreement of the Scott Joint Prosecution Association. UIAIWWW ` Mark McNeill City Administrator MM:tw JOINT POWERS AGREEMENT Section 5, Costs Limited A copy of the SJPA Joint Powers Agreement is attached. Please note Section 5, Costs Limited. This section reviews how costs are assigned to cities. The final sentence in this section states: "Any budget underruns shall be refunded back to the CITIES proportionately." A logical interpretation of this sentence is that the SJPA should not carry a fund balance. While this made sense at the time the SJPA was founded, it may not be the best approach at this stage of the organizations development. City of Savage Finance Director, Ron Hedberg, has suggested that the SJPA carry a fund balance of $30,000 - $45,000. This will provide the organization enough buffer to ensure it can meet its on- going operating expenses while waiting to receive quarterly payments from member cities. The need for a fund balance may be better explained with the following illustration: The payment for the second quarter bills are based on SJPA cases opened from January 1 - March 31 and are billed in early April. Payments from member cities are not received until May 15. This leaves a six week time period (April 1 - May 15) during which the SJPA has no incoming revenue, but still has operating expenses. Current practice is if the operating expenses fall short before payments are received, the City of Savage makes an early payment for future services to make up the difference. Maintaining the rec$mmended fund balance will eliminate the potential for future revenue shortfalls. It is requested that the Board consider amending the existing Joint Powers Agreement to eliminate the requirement that budget underruns be refunded to the cities, or that a fund balance equivalent to two (2) months SJPA expenditures be maintained. Section 10, Termination as to One Party Amending Section 5 as recommended, has the side effect of eliminating the ability of a city to receive a refund from the fund balance should a city withdraw from the SJPA. If the Board wishes to ensure that cities have the ability to receive a refund on any fund balance developed while the each city was a member of the SJPA, it should also amend Section 10, Termination as to One Party, to include the following: Any terminating City shall also have returned to it, its proportional share of any existing fund balance. Any fund balance maintained prior to the terminating City becoming a member of SJPA, shall not be considered for purposes of determining the terminating City's proportional share for refund. The recommendations above are for your consideration and discussion at the January 13 meeting, If you have additional items that you would like added for Board discussion, please contact me. A—dt .04-/72,13 Je Gramling 2A sistant to the City Administrator JOINT POWERS AGREEMENT for PROSECUTION SERVICES THIS AGREEMENT, originally entered into the 8th, day of July, 1991, and as hereby amended on the 20th day of February, 1996, and as hereby amended again on the 13th day of January, 1997, by and between the CITIES of BELLE PLAINE, ELKO, JORDAN, NEW MARKET, PRIOR LAKE, SAVAGE, and SHAKOPEE Minnesota, all of which are Minnesota municipal corporations organized and operating under state law, hereinafter collectively referred to as "the CITIES". RECITALS 1. Each of the CITIES individually has the power and responsibility to prosecute criminal matters within its respective jurisdiction. 2. Each of the CITIES has previously contracted with private law firms or provided "in house" counsel for prosecution services but believes that such services can be obtained more conveniently and more economically on a joint basis by means of this Agreement. 3. The CITIES desire to enter into this Agreement for the purpose of providing for the joint exercise of their prosecutorial powers according to the authority and procedures set forth in Minnesota Statues Section 471.59, the Joint Exercise of Powers Act. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows: 1. Joint Powers Board. A Joint Powers Municipal Prosecution Board ("the BOARD") is hereby created. Members of this BOARD shall be the City Manager/Administrator or Police Chief of the member city. The BOARD may exercise its powers in order to accomplish the purposes of this Agreement consistent with Minnesota Statute Section 471.59 and other applicable laws. Each of the CITIES of Belle Plaine, Jordan, Prior Lake, Savage, and Shakopee shall appoint one (1) individual to serve on a Joint Powers Board, hereinafter referred to as "the BOARD". The CITIES of Elko and New Market may each appoint one (1) representative to serve on the BOARD, with each of the representatives of those cities having one-half (II) vote. Each member shall serve until replaced by the member's respective City. The number of representatives totaling at least three and one-half (3-1/2) votes shall constitute a quorum for the purposes of conducting BOARD business. The BOARD shall be the employer of the employees providing prosecution and support services under this Agreement and shall have the authority to hire, fire, discipline and adopt personnel rules for employees of the BOARD. For the purposes of compensation and personnel practices, the BOARD shall be guided by the compensation and personnel practices of the City of Savage. Under no circumstances shall the BOARD'S employees be deemed employees of any of the CITIES. The BOARD shall meet at least quarterly to review the quality of the prosecution services. The BOARD shall make recommendations to the CITIES regarding improvement of prosecution, stricter or less-strict plea bargains, job performance of the affected employees, and other matters related to this Agreement. Each of the CITIES also may adopt its own prosecution policies which shall be followed by the prosecutor when handling cases from that City. 2. Board Staff and Administration. The BOARD shall advertise for and hire one or more prosecutors and secretaries or legal assistants who shall be employees of the BOARD. The BOARD shall designate one of the prosecutors as chief prosecutor and administrator over the daily affairs of the Association. The number of staff hired and whether they are part or full-time shall depend on Joint Powers Agreement for Prosecution Services Page 2 of 5 the case load to be handled. They shall report to and be supervised by the chief prosecutor/administrator on behalf of the BOARD. The City of Savage shall be the administrative and fiscal agent for the BOARD and shall provide office space, supplies, payroll, and benefits for BOARD staff. All hiring, firing, and other personnel decisions relating to BOARD staff shall be made by the BOARD. The CITIES shall contribute a sum of money as set forth below to cover each City's proportionate share of the costs of performing prosecutorial services under this Agreement. All BOARD staff shall be qualified and licensed to perform such services. None of the work or services covered by this Agreement shall be subcontracted without the prior approval of the BOARD, except in an emergency. 3. Budget. By August 1st in each year, the BOARD shall prepare a proposed budget for prosecution services, which shall be forwarded to the City Administrator or City Manager of each of the Cities for review. Any City objecting to the proposed budget shall so notify the BOARD. In the event the objection is not resolved, such City shall have the right to terminate this Agreement upon one hundred twenty (120) days' prior written notice, if such notice is given on or before September 1st. 4. Cost Sharing. Each month the BOARD shall submit a bill to each of the CITIES detailing the amount due for that City's proportionate share of prosecutorial services. Within thirty (30) days, each City shall pay to the BOARD the billed amount. This amount shall be equal to "r", as expressed in the formula r = x (y / z) , where: x = one-twelfth of the total current annual (or annualized, if this contract starts at a time other than the beginning of the fiscal year) prosecution budget. y = the number of calendar calls set for that particular City for the previous month. z = the total number of calendar calls set for all the cities the previous month. The CITIES shall assist and cooperate with one another in keeping prosecution costs down by covering for each other when prosecution personnel are on vacation, ill, or otherwise unavailable for court, or where representation would result in a conflict of interest. 5. Costs Limited. The BOARD shall keep track of the calendar calls billable under this Agreement at all times. The BOARD shall notify the CITIES if the BOARD anticipates that the costs may exceed one hundred ten (110%) percent of the estimated budget total set forth in the budget attached hereto as Exhibit A. In the event actual expenditures or costs do exceed one hundred ten (110%) percent of the budget, the BOARD shall bill the CITIES proportionately, by averaging their percentage established as (y / z) in paragraph 4 above for the previous six (6) months, for cost overruns. Any budgeL under,s shall be l.=tanded back tv Lhe CITIES proportionately. Any City unsatisfied with any overruns may elect to terminate this Agreement upon ninety (90) days prior written notice as provided below. 6. Civil Matters. A City may request BOARD legal staff to handle civil legal matters, such as zoning enforcement, personnel issues, liquor licensing questions, ordinance preparation, contract review, etc. Such requests shall be handled on a time-available basis only, and shall be billed back to the request- ing City at actual cost on an hourly basis. Billings from civil matters shall be used to offset the total prosecution budget. 7. Exchange of Data. All information, data, and reports as are existing, available and necessary for carrying out prosecution services under Joint Powers Agreement for Prosecution Services Page 3 of 5 this Agreement, including police reports and arrest records, shall be furnished to BOARD staff without charge, and the CITIES shall cooperate in every way possible in carrying out prosecution services. 8. Confidentiality. Any reports, data, or similar information given to, prepared or assembled by the BOARD or BOARD staff under this Agreement, which the BOARD or any of the CITIES requests to be kept confidential, shall not be made available to any individual or organization by the BOARD, BOARD staff, or any of the CITIES without prior written approval of the concerned party, consistent with the Minnesota Government Data Practices Act or other applicable statutes. This paragraph shall not apply to documents which are required to be public under the Government Data Practices Act or other applicable law. 9. Duration and Renewal. This Acreement shall be automatically renewed- on an annual basis and shall be valid for the next calendar year, unless terminated as set forth below. 10. Termination as to One Party. This Agreement may be terminated by any City at the end of any calendar year upon six (6) months prior written notice, or at any time with the express approval of all other parties hereto. This Agreement may be terminated by any City upon one hundred twenty (120) days prior written notice given on or before October 1st for objection to the proposed budget,' or at any time upon one hundred twenty (120) days prior written notice for cost overruns, as set forth above. Prior to termination by any City, the proposed reasons for termination shall be presented to the BOARD. The BOARD shall discuss these reasons and determine whether specific action should be requested to resolve the issue. All records pertaining solely to the terminating City shall be returned to that City. Any terminating city shall also have returned to it, its proportional share of any existing fund balance. Any fund balance maintained prior to the terminating city becoming a member of SJPA shall not be considered for purposes of determining the terminating city's proportional share for refund. 11. Termination as to All Parties. In the event this Agreement is terminated in its entirety, all records pertaining solely to a particular City shall be returned to that City. All other records shall remain with the City of Savage as custodian of such records. The records may be retained, stored, or disposed of according to state law and the City of Savage's records retention policies. Any City may copy any public records at its own expense. All fixed assets shall be returned to the City which purchased them. Any remaining monies and expenses, including such employee expenses as unemployment compensation and payment for accumulated vacation, shall be shared by the CITIES in proportion to their contributions. Each City's contribution percentage shall be calculated by averaging its percentage established as (y / z) in paragraph 4 above for the previous six (6) months. 12. Indemnification. Each City shall indemnify and defend the BOARD and each of the other CITIES which is a party to this Agreement against, and hold each other harmless from, any and all claims, causes of action, administrative orders, costs, expenses, and liabilities of every kind and nature arising out of the BOARD'S hiring, training, supervision, and personnel actions under this Agreement, including attorneys fees and costs incurred by the BOARD or the CITIES in defending claims to establish or enforce such liabilities. Each of the CITIES shall indemnify and defend each other City and the BOARD against, and hold each other City and the BOARD harmless from, any expenses and liabilities of every kind and nature arising out of the indemnifying City's prosecution prior to this Agreement, its actions in entering into this Agreement, including attorneys fees and costs incurred by any of the CITIES or the BOARD in defending claims to establish or enforce such liabilities. Joint Powers Agreement for Prosecution Services Page 4 of 5 13. Liability. The BOARD shall purchase liability insurance from budgeted funds for each attorney hired under this Agreement. This insurance shall cover professional liability, personal injury liability, and disciplinary proceedings costs. The BOARD may also, at its discretion, purchase general liability and directors' and officers' (errors and omissions) insurance. 14 . Amendment. This Agreement may be amended only in writing signed by all parties. 15. Notices. All notices required or permitted in this Agreement and required to be in writing may be given by first class mail addressed to any of the CITIES at their respective City Hall. 16. Certification. Each of the CITIES certifies, by signing below, that this Agreement has been approved by that City's governing body. IN WITNESS WHEREOF, this amended Agreement has been executed by the parties as of the day and year above written. CITY OF SAVAGE, MN CITY OF BELLE PLAINE, MN By By Its Mayor Its Mayor By By Its City Administrator Its City Administrator CITY OF PRIOR LAKE, MN CITY OF ELKO, MN By By Its Mayor Date Its Mayor Date By By Its City Manager Date Its City Clerk Date CITY OF NEW MARKET, MN CITY OF JORDAN, MN By By Its Mayor Date Its Mayor Date By By Its City Clerk Date Its City Administrator Date Joint Powers Agreement for Prosecution Services Page 5 of 5 CITY OF SHAKOPEE, I By Its Mayor Date By Its City Administrator Date \SCOTT-JP\JP-P-SVC.AGM (06/13/91) \SCOTT-JP\JP-P-SVC.AGM (02/15/96), Amendment F:\USERS\BERT\SCOTT-JP\JP-P-SVC.AGM (Dated 1/13/97; Typed 1/2/97) Scott Joint Prosecution Association 1997 Budget 12/20/96 1993 1994 1995 1996 1996 1997 EXPENSE ACTUAL ACTUAL ACTUAL BUDGET Year to BUDGET CODE EXPENS EXPENSE EXPENSE With Date DESCRIPTION Shakopee 12/18/96 Salaries 113,262 112,547 148,564 200,750 186,990 230,210 Prosecutor 64,987 Full-Time Prosecutes 44,4% Part-timeProsecuter 75% 37,080 ParaLegal Clerical Support 34,014 ParaLegal Clerical Support 27,044 ParaLegal Clerical Support 80% 21,090 Summer Intern - Overtime 1,500 230,211 PERA Contributions 5,075 5,047 0 9,000 10,315 4.48%of Wages(ex Intern) 64,987 FICA&Medicare 8,664 8,610 0 15,360 17,610 7.65%of Wages 17,611 Health,Life,Disability Ins. 673 1,898 3,324 14,375 15,438 17,605 Health,Life,Disability Ins. Health Ins 14,625 Dental 1,816 Life Ins 219 Disability Ins 946 17,606 Workers compensation 525 533 0 1,175 556 1,200 .65%of wages w/80%mod rate 1,197 Total Wages&Benefits 128,199 128,635 151,888 240,660 202,984 276,940 Supplies&services Provided through monthly allocation: (allocation=1125/mo.) Telephone 2,634 2,404 3,062 3,460 3,460 $288/month Plus One additional phone line added in'96 Postage 1,299 1,228 1,665 2,625 2,625 increases in cases Service Fees 2,123 1,407 2,190 2,190 Supeonas&legal documents-increase in cases Transcipt Fees 176 228 375 375 Professional Services 0 0 1,859 Printing 295 205 375 375 Subsrciptions&Publications 460 283 130 350 350 Code Updates 188 51 150 150 Misc Office Supplies 1,678 1,147 1,678 1,850 1,850 Meeting&Lunches 334 297 414 300 300 Vehicle Mileage Reimbursement 29 118 105 150 150 Schools&Conferences 424 1,238 535 1,250 1,250 Bank Service Charges 97 Attorney Registration 142 284 389 425 42.5 9,782 8,890 9,934 13,500 13,712 13,500 Processed by Savage Admin: Portable Phone 1,388 1,233 648 1,400 751 1,600 Cell phone and pager Copier Maintenance 934 644 791 1,000 1,035 1,000 Copier Lease 1,218 1,329 1,224 1,330 1,218 1,330 Insurance-Prof. Liability 4,637 4,891 4,778 4,630 5,264 5,820 97 is 2nd year of 2 year$7016 policy Admin fee 520 520 520 Fee paid to Savage for administering Office Supplies,Check printing&postage 88 172 Meetings&lunches 35 115 Advertising 625 Audit services Phone installation 1,191 Contingency 0 0 2,250 2,250 8,177 8,097 8,084 11,130 10,371 12,520 Contract Legal 738 1,420 2,345 2,000 1,838 2,000 Expected to increase if 3rd courtroom added Other Charges Offices Rent 6,450 6,600 6,600 6,600 6,600 6,600 $500/month Total Other Charges 6,450 6,600 6,600 6,600 6,600 6,600 . Equipment Misc.Equipment 174 195 300 727 300 '96 was new chairs'97 is Replacement of equip ComputerEquipment 1,266 0 2,010 2.500 4,360 2,500 97 will be purchase of new computer TOTAL 154,786 153,837 180,861 276,690 240,592 314,360 SJPA_97.XLS 2) Pager. Funding for a pager ($200.00) has been added in the enclosed budget. This pager will be carried by the on-call attorney. This will enable SJPA attorneys to provide a quicker response time to officers needing assistance. In addition to the above adjustments, following are proposed adjustments that have not been included but should be discussed. 1) Audit. The SJPA should have an audit conducted in 1997. It is estimated that the cost will be $2,500.00. The City of Savage can have its audit firm conduct the audit, or the Board can solicit bids for services if it prefers. A new line item will need to be added to the budget should the board approve an audit. 2) Summer Intern. It is requested that the Board consider funding for a three-month summer paralegal intern. This intern will earn approximately $10.00 per hour, with the total cost not to exceed $4,800.00. Pat Ciliberto will attempt to find grant funding for this position to defer the costs somewhat, however, alternative funding is not certain. A new line item will need to be added to the budget should the board approve this item. 3) Rent. The SJPA has an opportunity to move into a new office space. This space is the conference room located next to their current office. Moving into this space will increase rental costs. It will also require the purchase of office cubicles. This means that the "Rent" and "Misc. Equipment" line items in the budget will be increased. The new space will also require some construction to prepare it for use by SJPA - 3 offices, a conference room, and a walk-in counter need to be built. Funding options for this construction will need to be discussed. 4) Administrative Charge. $520.00 is budgeted annually for administering the SJPA budget. City of Savage staff(Shelley Sandeen and Bert Ludowese) average 15 hours per month on SJPA business (payroll, bills, benefits, reports, etc.). The average hourly rate (salary & benefits) for these two individuals is $19.23; this equates to $3,461.00 annually. It is requested that the "Administration Fee" line item be increased to $3,461.00 to cover these costs. JOINT POWERS AGREEMENT Section 5, Costs Limited A copy of the SJPA Joint Powers Agreement is attached. Please note Section 5, Costs Limited. This section reviews how costs are assigned to cities. The final sentence in this section states: "Any budget underruns shall be refunded back to the CITIES proportionately." A logical interpretation of this sentence is that the SJPA should not carry a fund balance. While this made sense at the time the SJPA was founded, it may not be the best approach at this stage of the organizations development. City of Savage Finance Director, Ron Hedberg, has suggested that the SJPA carry a fund balance of $30,000 - $45,000. This will provide the organization enough buffer to ensure it can meet its on- going operating expenses while waiting to receive quarterly payments from member cities. The need for a fund balance may be better explained with the following illustration: The payment for the second quarter bills are based on SJPA cases opened from January 1 - March 31 and are billed in early April. Payments from member cities are not received until May 15. This leaves a six week time period (April 1 - May 15) during which the SJPA has no incoming revenue, but still has operating expenses. Current practice is if the operating expenses fall short before payments are received, the City of Savage makes an early payment for future services to make up the difference. Maintaining the recommended fund balance will eliminate the potential for future revenue shortfalls. It is requested that the Board consider amending the existing Joint Powers Agreement to eliminate the requirement that budget underruns be refunded to the cities, or that a fund balance equivalent to two (2) months SJPA expenditures be maintained. Section 10, Termination as to One Party Amending Section 5 as recommended, has the side effect of eliminating the ability of a city to receive a refund from the fund balance should a city withdraw from the SJPA. If the Board wishes to ensure that cities have the ability to receive a refund on any fund balance developed while the each city was a member of the SJPA, it should also amend Section 10, Termination as to One Party, to include the following: Any terminating City shall also have returned to it, its proportional share of any existing fund balance. Any fund balance maintained prior to the terminating City becoming a member of SJPA, shall not be considered for purposes of determining the terminating City's proportional share for refund. The recommendations above are for your consideration and discussion at the January 13 meeting, If you have additional items that you would like added for Board discussion, please contact me. L -�Je/Gramling A sistant to the City Administrator 11. F. y CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Community Room Remodeling- Scott Joint Prosecution Association DATE: January 15, 1997 INTRODUCTION: The Council is asked to authorize staff to negotiate with the Scott Joint Prosecution Association for the rental of the"Community Room" in the basement of City Hall, which would be remodeled into office space. BACKGROUND: Since its inception in 1991,the Scott Joint Prosecution Association(SIPA.)has been housed in. Shakopee City Hall. (In fact, it preceded city offices being moved here by about a year). They have been located in a room in the basement since city offices were transferred. Total square footage of the existing facility is approximately 800 sq. ft. In May, 1996. the SJPA took over prosecution responsibilities for the City of Shakopee. That contributed to the need to add a full time attorney, and support clerical to the staff. As such, the existing space is too small. After a review of the City Hall Space Committee, it was determined that the most logical space to expand to would be the community room, across the hall from their existing location. That would nearly double their space,to approximately 1,400 sq. ft. I've had an architect give a ball park estimate as to costs for minimal remodeling - for practical purposes, the only things that would be done would be to install new ceiling lighting, and add more power outlets - existing room is one which was not remodeled when the rest of City Hall. was done, and therefore, is deficient in the numbers of outlets needed for an office. No structural changes other than revision of door hardware would be necessary; to minimize costs, moveable partitions would be used for offices. In those cases when confidential meeting areas are necessary,the SJPA would continue to do what it has done in the past, and use other conference rooms in City Hall. That has not posed a problem. BUDGET IMPACT: The remodeling, design, and furniture costs have a preliminary estimate of between$12,000 and $14,000. Those costs would be borne by the member cities; funding for that would either come from cash reserves (discussed elsewhere in this agenda), or as an alternative, the City of Shakopee could make payment, and deduct that from its quarterly billings. The other cities would then make up their proportionate contribution by paying higher participation rates in 1997. From an ongoing standpoint,rent would need to be negotiated. The current rent is $500 per month. If Council approves the concept, I would seek to negotiate an increase in the overall amount of rent to be paid, but probably it would not be on a cost per square foot basis similar to the existing rates. The City of Shakopee will see some benefit from this project in that the remodeling will provide capital improvements to the building, which will make it easier to utilize that as future office space as the City expands, and needs more office area. The existing lease has no termination date. OTHER DISCUSSION: Obviously, remodeling the community room will make it no longer available for use by community groups. The vacated SJPA offices could be used,but it is a smaller area, and the space that is there is not as useable. There are some problems with building security when the current community room is used by outside groups on evenings and weekends. With the opening of the Community Center, it may be time to encourage groups to use those facilities instead. RECOMMENDATION: I recommend that staff be authorized to negotiate a rental price with the SJPA, for consideration by the Council. Once the Council and SJPA approve that,the next step would be to proceed with remodeling plans for the space (a preliminary floor plan showing the possible remodeled use is attached). ACTION REQUIRED: if the Council concurs, it should, by motion, authorize staff to negotiate a rental amount with the SJPA for the use of the community room in Shakopee City Hall. TO.:\)/tAILLAA Mark McNeill City Administrator MM:tw CC: Gregg Voxland Fulton Schleisman Michael Leek JEA ARCHITECTS 9352102 _ P.02 II11 0 I it I •••••, f g L �•. r 1 ii tD -y---' G `° 1.--) --; f "= O ill e . 0 . • T4__.._...""w 0 — -r — i — ....'._ —I; — 1 4— — 4 1 ..- •.. , . A 1 >- 4 - o . „ ,......., . . . . . , ,j- s . . 0 . , 1 . c., _t:2 ,- ., , I -- _ o ) . 0 C 11 1 -MOVIIIIIIIPMeellglir --41.1 • DATE: 1-13-96 Atc+rECTURE■LANDSCAPEDESIGN r 6PACEP.ANNING PROJECT: DRAWN:JEA E Shakopee _ . .. JOB: JIA ARCHITECTSSHEET. City Hall Remodeling 3316NTHAVE.$0..STE2,0 HOw....MN5543 0,2403s400,2403s40. A CITY OF SHAK.OPEE Memorandum /1. 3e ' T E. S 'TO: Mayor and City Council ♦ 0 ' FROM: Mark MacNeill, City Administrator SUBJECT: VFW Donation DATE: January 16, 1997 INTRODUCTION: The Council is asked to finalize action which was tabled earlier regarding a donation from the VFW to the City. BACKGROUND: Action at the December 17, 1996, City Council meeting tabled action accepting a donation fro:m the VFW in the amount of$3,700. The delay occurred while clarification was made with the Fire Department regarding the types of activities for which the money can be used. In order for this donation to qualify as charitable, the recipient must be the City, and not the Fire Department. However, the purpose may be specifically designated to purchase fire equipment. This will increase the overall amount of funds available for the Fire Department capital equipment account, and would not be used to offset any tax levy for that purpose. See attached memo of December 12th. RECOMMENDATION: We recommend that the request for gambling proceeds for the VFW be executed, and that staff be directed to amend the 1997 Budget increasing Fire Department capital equipment appropriation by $3,700. ACTION REQUIRED: If the Council concurs, it should, by motion, authorize the following: 1. Authorize the City Clerk to execute a request for gambling proceeds from the VFW. 2. Direct staff to prepare a 1997 Budget amendment increasing the Fire Department capital equipment appropriation by $3,700. 6L Mark McNeill. City Administrator MM.:tw CC: Gregg Voxland 12 . E. 15. CITY OF SHAKOPEE Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: Donation From VFW DATE : December 12, 1996 Introduction The VFW has contacted staff and desires to make a contribution to the City. Background The VFW desires to make a contribution of gambling proceeds to the City to be used for purchasing fire equipment . The procedure to accomplish this is for the City Clerk to complete a "Request for Gambling Proceeds" form and send it to the VFW. The 1997 budget then should be amended to increase the appropriation for Fire Department capital equipment . Action Move to authorize the City Clerk to execute a Request for Gambling Proceeds for the VFW and direct staff to prepare a 1997 budget amendment increasing the Fire Department capital equipment appropriation by $3 , 700 . byLe Gregg �oxland Finance Director is\finance\docs\gregg\vfw II. E. 6 c,onSen I MEMORANDUM TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Temporary Liquor License - St. Mark's Church DATE: January 16, 1997 INTRODUCTION AND BACKGROUND: St. Mark's Church has made application for a temporary on-sale intoxicating liquor license for February 8, 1997. They desire to be able to provide wine during their winterfest at the school hall on February 8th. They have been obtaining a temporary license for this annual event for the past few years. Their application and insurance certificate are in order. RECOMMENDED ACTION: Move to approve the application and grant a temporary on-sale liquor license to the Church of Saint Mark, 350 S. Atwood for February 8, 1997. C Clerk h judy\licenses\st marks 11. E. >. CITY OF SHAKOPEE Memorandum C 0.'YS e TO: Mayor and City Council. FROM: Mark McNeill, City Administrator SUBJECT: Special. Counsel - Link Appeal DATE: January 16, 1997 INTRODUCTION: The Council is asked to appoint a special counsel to handle an assessment appeal due to a conflict of interest. BACKGROUND: Clete and Helen Link have filed an assessment appeal for the Vierling Drive public improvements project. Normally, the City Attorney would handle all such assessment appeals; however,because Mr. Link is a member of the City Council, in order to avoid a conflict of interest,the City Attorney recommends that separate counsel be hired. George Hoff of the law firm of Hoff,Barry, and Kuderer has handled special assessment appeals for the City Council in the past. He is agreeable to doing the work. BUDGET IMPACT: Mr. Hoff s rates are $125.00 per hour for partner time, associate's time at from $95.00 to $115.00 per hour, and legal assistant time at$60.00 per hour. These rates are similar to those received from.other firms during the recent City Attorney selection. Legal fees are chargeable as a project cost. RECOMMENDATION: I recommend that George Hoff be retained as special counsel in the case of the Link appeal. ACTION REQUIRED: If the Council concurs, it should, by motion, authorize the law firm of Hoff, Barry, and Kuderer to represent the City of Shakopee in the special assessment appeal of Clete and Helen Link. Mark McNeill City Administrator MM:tw 11, x", , CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Salary Studies/Pay Equity Assistance DATE: January 17, 1997 INTRODUCTION: The Council is asked to amend the 1996 Pay Plan,retroactive to December 31, 1996,to bring the City into compliance with pay equity reporting requirements. BACKGROUND: Staff has been in contact with two companies who specialize in personnel pay plans regarding a couple of issues. The first is the need for the City to do an overall analysis of the salary study to make it equitable. The second issue, and one which is more pressing, is the need for the City of report to the Minnesota Department of Employee Relations its compliance with the pay equity law. This is due by January 31st; each jurisdiction in the State must do this every third year. After consulting with one of the personnel companies, DCA Stanton, it was found that by increasing the rate of pay for three female positions,the rate of compliance would be 82.7%. 80% is needed for passage. POSITIONS INVOLVED: In order to be in compliance, DCA is recommending the following three positions be upgraded, and to the following rates of pay: POSITION OLD MO. MAX NEW MO. MAX INCREASE/M.O. Payroll/Benefits Coord. $3,162.00 $3,282.00 $120.00 Executive Secretary $2,851.00 $2,951.00 $100.00 Accounting Clerk $2,432.00 $2,517.00 $ 85.00 It should be emphasized that there was no local input on what positions would be adjusted - this is one of the reasons that we sought outside guidance on this. These are the changes which, in the opinion of the consultant,will be the least costly way for the City to get into compliance. BUDGET IMPACT: The overall increase annually will be approximately $3,660. In addition, DCA Stanton will charge us $750.00 for the analysis (we feel this is a bargain, if it can get the City into compliance). $20,000 was budgeted for pay plan adjustments in 1997. Council should be aware that there is still a need to do an ongoing pay plan revision to deal with some union issues. Quotes will be taken on that, and presented to the Council, probably at the next meeting. RECOMMENDATION: We recommend that the three positions be adjusted in pay, retroactive to December 31, 1996. ACTION REQUIRED: If the Council concurs, it should,by motion, adopt the resolution which will be provided at the January 21st meeting, amending the 1996 Pay Plan for the three positions listed. Mark McNeill City Administrator MM:tw CC: Gregg Voxland R E RESOLUTION NO. 4608 A RESOLUTION AMENDING RESOLUTIONS NO. 4378 AND 4602, BY AMENDING THE 1996 PAY SCHEDULE FOR THE PAYROLL/ BENEFITS COORDINATOR AND EXECUTIVE SECRETARY WHEREAS,the Shakopee City Council adopted Resolution No. 4368 on December 19, 1996 and Resolution No. 4602 on January 7, 1997 amending the 1996 Pay Schedule; and WHEREAS, certain conditions and circumstances have changed to make it desirous to amend the 1996 pay Schedule for Officers and Non-Union employees of the City of Shakopee at this time. NOW,THEREFORE,BE IT RESOLVED,by the City Council of the City of Shakopee, Minnesota,that the Pay Plan for the Payroll/Benefits Coordinator and Executive Secretary position classifications are hereby amended as follows: Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 Payroll Benefits $ 31,512 $33,480 $34,464 $35,448 $36,432 $37,415 $38,400 $ 39,384 Ex. Secretary $ 28,332 $30,096 $30,984 $ 31,872 $ 32,760 $33,636 $ 34,524 $ 35,412 BE IT FURTHER RESOLVED,that this resolution shall be retroactive to December 31, 1996. Adopted in Adjourned Regular Session of the City of Shakopee,Minnesota held this 21st day of January, 1997. Mayor of the City of Shakopee ATTEST: City Clerk i II Amendment#1 Wages The following position classification is hereby modified in the 1996 Wage Schedule for the Clerical, Technical, Custodial Bargaining Unit. Step 1 Step 2 Step 3 Step 4 Job Title 75% 80% 90% 100% Accounting Clerk $22,653 $24,163 $27,184 $30,204 .4 IN WITNESS WHEREOF,THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT ON TH H; DAY OF , 1997. CITY OF SHAKOPEE TEAMSTERS LOCAL NO. 320 CITY OF SHAKOPEE CLERICAL, TECHNICAL, CUSTODIAL BARGAINING UNIT Mayor Local 320 Representative City Administrator Union Steward City Clerk CITY OF SHAKOPEE Memorandum 11• E• "1 TO: City Council CO5 p ilts-- FROM: Jeff Henderson, Mayor SUBJECT: End - City Administrator Probationary Period DATE: January 15, 1997 INTRODUCTION: The City Council is asked to consider ending the initial six month probationary period for City Administrator, Mark McNeill, and assigning him regular status. BACKGROUND: The City Personnel Policy requires a six month probationary period for new employees. The intent of that is to determine whether the employee has the skills necessary to do the job, and provide the employee's supervisors with an opportunity to observe him or her in action. He began employment with the City of Shakopee on July 22, 1996, meaning a normal end of probationary period of January 22nd. As such, the Council should act on one of the following alternatives. ALTERNATIVES: 1. Determine that the probationary period has been successfully completed, and assign regular status to Mark McNeill. 2. Perform an evaluation, utilizing the results of that evaluation to proceed with other actions. 3. Extend the probationary period an additional length of time. 4. Declare that the probationary period has been unsuccessful, and therefore,terminate employment of Mark McNeill. BUDGET IMPACT: As there is no change in pay as a result of this, there is no budget impact. ACTION REQUIRED: Council should, by motion,take whatever step it feels appropriate, from the alternatives outlined above. j- eff He rson� Mayor Consent Agenda CITY OF SHAKOPEE 11. E. ID. Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: City Administrator Chamber of Commerce Membership DATE: January 13, 1997 INTRODUCTION: The City Council is asked to approve the City Administrator's membership in the Shakopee Chamber. of Commerce. BACKGROUND: Previous City staff have been active in the Chamber of Commerce. It is a membership which is beneficial to both the Chamber, and for the City. I would like to continue that. According to my employment agreement,the City Council must approve in advance membership in any association for which dues reimbursement is requested. BUDGET IMPACT: The cost of an individual membership for 1997 is $84.00. Money is available in the City Administrator's budget for that purpose. RECOMMENDATION: I recommend that the Council authorize the City Administrator to be a member of the Shakopee Chamber of Commerce, and to pay the dues associated therewith. ACTION REQUIRED: If the Council concurs, it should, by motion, authorize Mark McNeill to become a member of the Shakopee Chamber of Commerce. Mark McNeill City Administrator MM:tw Shakopee Area Chamber of Commerce Membership in the Shakopee Area Chamber of Commerce is "corporate," based on the number of full-time employees in your firm. (Two part-time employees equal one full-time.) Membership dues in the Shakopee Chamber of Commerce may be tax deductible as an ordinary and necessary business expense. Dues paid to the Shakopee Chamber are not a charitable tax deduction for federal income tax purposes. The Chamber is not a charity, but serves as an advocate organization for area businesses. g Membership Schedules: A. Diversified: Business, Industrial, Manufacturing D. Hotels,Motels, and Bed 'n Breakfasts: Retail BASE:$ 150.00 includes up to five employees $ 0 each-for the next 6-20 employees BASE:$150.00 plus $.per room/unit $ 3.00 each -for the next 21-100 employees $ 1.50 per $ 2.00 each-for over 100 employees over 125 roroom/unit oms B. Professionals: Accountants, Attorneys, Architects. Chiropractors. Dentists, Developers. Insurance Agents. E. obsin Home Parks,Apartments, H Investors. Engineers, Optometrists. Physicians.Real Housing Units: Estate Agents. Veterinarians BASE:$ 1 0 00 BASE:$ 150.00lncludes one professional/partner $ 1.00each-first 30 units $ •50 each-next 70 units $ 75.00each-for each additional professional $ $ 6.00each-for office and support staff 25 each -over 70 units C. Financial Institutions: Bank. Savings&Loan. Credit Union F. Utilities: Telephone, City Water Dept., Cable TV, Gas and Electric Companies BASE:$_jianoplus $ 1 n noper million in deposits meter or connection plus150.00 $_10___for each meter connect G.Associate Membership: $ 80.00 Non-business owners. May include the following SI,) (v � �7 farmers, senior citizens and centers, clubs and organizations, clergy, retired, senators and repres- entatives, county commissioners,postmasters, city government and education. **A one-time$15.00 processing fee will be charged to all new members. I hereby apply for membership in the Shakopee Chamber of Commerce.for which I agree to pay the annual sum of Firm ��ha opee Mailing Address City State zip CHAMBER OF COMMERCE Phone Number Company Representative#1 Title Company Representative#2 Tile Investment Schedule Other individuals who should be contacted about and chamber events... Membership Application Name 1. 2. Type of Business Major Product or Service Number of Employees Authorized Signature Date 1801 East Highway 101 Please return with investment to Shakopee, MN 55379 Shakopee Area Chamber of Commerce 1801 East Highway 101 Shakopee,MN 55379 (612) 445-1660 v -,' Q 0_ Q_ n O n D 5' -0 0 Go Nt O 7J 0 - z co 3 > > (D CD -, D(QQ O n 8 ^c. ,(c)._ N _01:5 O �c �^c QNn ( ( .O N (D3 05 O (D NC . 3O Q0 QO o O cn yO Oo -a- cn cnv- NN-0 - cnN (D _. < g DO N y • cn 7 5 .< D D . 7 Q 5 X7 7 3 n cr nQ cn OQ _ Q _ Q N cD 3_ ? 3 (D c n O Q n D O (D O 3 O N -O (<D -• y Q D Q Q () aO Cl) (nD C 5Cn` cn cn i Q_ (ND v' T Cr n• cOn 0 D (y Q_ 3 c O� 0 f3 Q c .< 3 v, m 3 Q n cD n . 3 D j. 1 Q O (D (D N Q 7r Q = C 0 a) Q Q-.- N � CQ (D c� O a Q- CD 0 CD n 5 Q O< = ON O 7 Q Q n O 0 ((DD O Q ((DD Q y (Q * ? N 3 0 N 3 c CD o T Q CY- AD T Q_ -i < a > > 0 m Z co 0:1 Z. S Q_3 3 N (Q O to to cn (D j <" Q Q '< (7," - m m m m o D (1,- m Q z m D .< D . • p N . 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P.P.01 E lo • I / y NUo • Si = E ;201 . • ci.) > N4fert) 41) co 5 • 0• Oi �• CICS � .� GJN OG - r /4 gm c3.) - ci) co u Co.) c .11 us) .. bo H U W be ce ,.Q re c - N c • . tko c .i GAJ .- m , . § ,,,,.O ,_ O O� op � ca � v � 00,052 a) r•+ N O1-1 In U U � .� 'v • CJ,cn r� '� U x y d' N 4.... Ccp v CO prai Li') 0 0O 17 �-'ag — .:6-., O cn Q,, ' CO c� ..., . " i o . . H o c„ ,45 CITY OF SHAKOPEE Memorandum TO: Mayor and City Council. FROM: Mark McNeill, City Administrator SUBJECT: Scheduling of Workshop DATE: January 15, 1997 INTRODUCTION: The Council is asked to schedule a time to hold a workshop to discuss street overlay and street lighting policies. BACKGROUND: Previous City Council meetings have tabled decisions on street overlays (with possible assessments to property owners), and a street lighting policy that would impact SPUC. It was decided that a workshop meeting would provide more time to discuss these issues in depth. The Council is asked to schedule a time in which to discuss these. A calendar is attached for your convenience. ACTION REQUIRED: The Council should, by motion, establish a workshop date and time in which to review these Public Works items. Mark McNeill City Administrator MM:tw January 1997 Upcoming Meetings Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 II ecemi-r's e•ruary ' City Hall Closed SMTWTFS SMTWTFSH 1 2 3 4 5 6 7 1 8 9 10 11 12 13 14 2 3 4 5 6 7 8 15 16 17 18 19 20 21 9 10 11 12 13 14 15 22 23 24 25 26 27 28 16 17 18 19 20 21 22 29 30 31 23 24 25 26 27 28 5 6 7 8 9 10 11 4:30 PM SPUC 7:00 PM City 6:00 PM EDA 7:30 PM Planning Council Commission 12 13 14 15 16 17 18 19 20 21 22 23 24 25 City Hall Closed 7:00 PM City 6:00 PM EDA 7:30 PM Planning 8:00 AM Mayor- Council Commission State of the City 26 27 28 29 30 31 7:00 PM Park and 7:00 PM-9:00 Recreation- PM Shakopee Community Town Meeting Center Printed by Calendar Creator Plus on 1/16/97 February 1997 Upcoming Meetings Sunday Monday Tuesday Wednesday Thursday Fridav Saturday 1 anuary T arc SMTWTFS SMTWTFS 1 2 3 4 1 5 6 7 8 9 10 11 2 3 4 5 6 7 8 12 13 14 15 16 17 18 9 10 11 12 13 14 15 P 16 17 18 19 20 21 22 19 20 21 22 23 24 25 23 24 25 26 27 28 29 26 27 28 29 30 31 1 30 31 2 3 4 5 6 7 8 4:30 PM SPUC 7:00 PM City 6:00 PM Cable 7:30 PM Planning Council Commission Commission 9 10 11 12 13 14 15 6:00 PM EDA 16 17 18 19 20 21 22 City Hall Closed 7:00 PM City 7:30 PM Planning Council Commission 23 24 25 26 27 28 7:00 PM Park and 6:00 PM EDA Recreation- Community Center Printed by Calendar Creator Plus on 1/16/97