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HomeMy WebLinkAbout11/08/1995 TENTATIVE AGENDA REGULAR SESSION SHAKOPEE, MINNESOTA NOVEMBER 8, 1995 - WEDNESDAY - LOCATION: City Hall, 129 Holmes Street South Mayor Gary Laurent presiding 1] Roll Call at 7:00 P.M. 2) Approval of Agenda 3) Recess for E.D.A. Meeting 4) Re-convene 5] Liaison Reports from Councilmembers 6] Mayor's Report 7] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 8] Approval of Consent Business - (All items listed with an asterisk are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. ) *9] Approval of Minutes of October 3rd, and 17th, 1995 10] Communications: 11) 7:30 P.M. PUBLIC HEARINGS: a] Establishment of Tax Increment Financing District No. 10 and adoption of a Tax Increment Financing Plan relating thereto - Res. No. 4326 b] Application for a Currency Exchange License from Game Financial Corp. - Res. No. 4313 12] Recommendations from Boards and Commissions: *a] Civic Center - Smoke Free Grounds and Building b] Civic Center and Facility Use Fee Schedule - Res. 4327 13] Reports from Staff: a] Urging Scott County District Court Judges To Respect The Efforts of Local Law Enforcement Officers - Res.4331 *b] Authorization of Stop Signs Along Sarazin Street and Viking Steel Road *c] Road Salt Purchase TENTATIVE AGENDA November 8, 1995 Page -2- 13] Reports from Staff continued: *d] Enterprise Fund Asset Contributions *e] Electronic Funds Transfer for Federal Tax Deposits *f] Approve Bills in the Amount of $389, 005.99 g] Draft Agreement with Centres Inc. *h] Civic Center - Misc. Equipment Items *i] Civic Center - Furnishing, Fixture and Equipment Items *j] Civic Center Underground Distribution Agreement *k] Arena Concession Stand Agreement *1] Downtown Electrical Underground Service Agreements m] Liquor License Requirements n] Canvassing Returns for the City Elections - Res. 4324 o] 1996 League of Minnesota Cities Policies and Priorities p] Authorize Payment of Street Light Relocations Along CR-16 *q] Award Bid for Fire Fighting Protective Clothing *r] Sale of Old Aerial Platform Truck *s] Civic Center - Computer Equipment Purchases -memo on table *t] Civic Center - Phone System 14] Resolutions and Ordinances: *a] Res. No. 4323 - Setting Hearing on Vacation of Easements in Market Place *b] Res. No. 4325 - Setting Hearing on Vacation of Easements Within Lot 1, Block 1, Valley Park 4th *c] Res. No. 4330 - Electing to Participate in the Local Housing Incentives Account Program Under Metropolitan Livable Communities Act, Calendar Year 1996 *d] Res. No. 4328 - Declaring The Cost To Be Assessed and Setting Hearing For Vierling Drive Improvements from CR-15 to Presidential Lane, Project 1994-7 *e] Res. No. 4329 - Apportioning Special Assessments for Lot 1, Block 2, Valley Park Eleventh 15] Other Business: 16] Recess for an executive session to discuss labor negotiations 17] Re-convene 18] Adjourn to Tuesday, November 21, 1995 Dennis R. Kraft City Administrator REMINDER: Committee of the Whole, November 14, 1995 at 5:00 P.M. MEMO TO: Honorable Mayor and City Council FROM: Dennis R. Kraft, City Administrator RE: Non Agenda Informational Items DATE: November 3, 1995 1. Attached is a memorandum from the City Attorney regarding a new lawsuit. 2. Attached are the October 3, 1995 minutes of the Shakopee Coalition. 3. Attached is the November, 1995 calendar of upcoming meetings. 4. Attached is the November Business Update From City Hall. 5. Attached is a memorandum from the Finance Director regarding SEC Disclosure. 6. Attached is a memorandum from the Public Works Director regarding HEC -2 Flood Study Results at Huber Park. 7. Attached is a memorandum from the Public Works Director regarding Survey Quotes for 1996 Reconstruction Projects. 8. Attached is a memorandum from the Public Works Director regarding Storm Drain Stenciling in Shakopee. 9. Attached is a Construction Update on CSAH 16 from the Scott County Highway Department. 10. Attached are the November 9, 1995 Planning Commission and Board of Adjustment& Appeals agendas. 11. Attached are the October 18, 1995 minutes of the Community Development Commission. 12. Attached is the Police Newsletter for Council review. 13. Attached is the Monthly Progress Report from the Assistant City Administrator. 14. Attached is a memorandum from the Assistant City Attorney regarding Harassment Restraining Order. # (l MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorney DATE: November 2, 1995 RE: New Lawsuit On October 31, 1995, we received a summons and complaint from S.M. Hentges & Sons regarding their work on the interceptor sewer and force main project that took place in 1992 through 1994 . They are claiming that "during the performance of the project work changed work was performed entitling Hentges to additional compensation from the City. " Their complaint requests a total of $207, 158 . 32 in additional compensation. Our insurer has taken the position that this claim is not covered by our insurance, under the "breach of contract" exclusion. I will be investigating the claim (and double-checking our insurance) . Our answer in the lawsuit is not due until November 19, 1995 . This is for your information. If you have any questions, please let me know. Signed • A�,, A aren Mar , iy At orney KEM:bjm [2LIT] cc : Dennis Kraft Bruce Loney OFFICIAL PROCEEDINGS OF THE SHAKOPEE COALITION #6,2 October 3, 1995 The meeting was called to order at 4:30 p.m. by DeDee Ordemann. Members present: Joan Lynch, CAP; DeDee Ordemann, American Red Cross; Brian Norris, Citizens State Bank; Connie Weber, Human Services; Barb Hegfors, Scott County Library System; Bob Greeley, Shakopee Schools, Amy Thompson, Scott Co. HRA Family Self Sufficiency, and Pete Sames, SACS. SHAKOPEE SCHOOLS (Bob Greeley) Homecoming was a success all around especially beating Red Wing 26-6. Five students from Shakopee Senior High recently attended the Youth Engaged in Service Conference in St. Paul sponsored by the Minnesota Commission on National and Community Service, National Youth Leadership Council and Minnesota Department of Education. Volunteers are needed throughout the year to provide learning opportunities for our students and support staff for the Community Resource Program. Volunteer in the classroom or behind the scenes by contacting Paulette Rislund at 496-5028. AMERICAN RED CROSS (DeDee Ordemann) Youth Health Conference - Jordan and Shakopee and SACS 7th graders will be participating on Oct. 13 . This conference is being coordinated by American Red Cross, Shakopee Schools, St. Francis, SACS. Fire Safety Week is October 8 - 14th. • We conducted a Disaster Drill September 21. D-Day November 16th. HUMAN SERVICES - (Connie Weber) Senior Community Services Employment Program. (Federal/County Funded) . Eligibility Requirements are County resident, 55 years of age or older, family income below 125% of Lower Living Income Standard Level and Pre-employment physical is required. Seniors are placed in part-time jobsin public and non-profit agencies providing services to the community. These positions provide training that may lead to jobs in the private sector. Contact Beth Olson at 496-8528. LIBRARY - (Barb Hegfors) Evening storytime Wednesdays in October at 6:30. Halloween Pop-ups with Mary jo Pauly Sat. Oct 28 10-12:30. Spooky stories Mon. Oct. 30 at 6 p.m. Bring your flashlight. Guess the weight of the pumpkin. Children's Book week Nov. 12-18. Prior Lake Book Sale Sat. Oct. 14. SCOTT COUNTY HRA (Amy Thompson) We are naviaccepting applications for the Family Self Sufficiency Program. It was created to connect eligible familes with the appropriate support services needed to move toward the goal of economic self-sufficiency. Families that are elibible are those who meet general criteria of the Section 8 Rental Assistance Program. Some of the resources include Child care assistance, G.E.D. and education assistance, job training and placement, transportation assistance, rent assistance, mental health/chemical dependency counseling. Please call Any Thompson at 447-8875 for more information. Next meeting of the Shakopee Coalition is scheduled for Tuesday November 7, 1995 in the Citizens State Bank Building Community Room at 4:30p.m. Respectfully Submitted Brian M. Norris • November # 3 Upcoming Meetings SUN MON TUE WED THU FRI SAT 12 3 4 5 6 7 8 9 10 11 4:30pm SPDC City/School 7:00pm City 7:30pm Planning City Hall Closed Board Election Council Commission 12 13 14 15 16 17 18 5:00pm 5:30pm Committee of Community the Whole Development Commission 19 20 21 22 23 24 25 7:00pm City City Hall Closed City Hall Closed Council 26 27 28 29 30 7:00pm Park and 7:00pm Truth & Recreation Taxation Meeting October December SMTWTFS SMTWTFS 1 2 3 4 5 6 7 1 2 8 9 10 11 12 13 14 3 4 5 6 7 8 9 15 16 17 18 19 20 21 10 11 12 13 14 15 16 22 23 24 25 26 27 28 17 18 19 20 21 22 23 29 30 31 24 25 26 27 28 29 30 31 10/25/1995 Itz.1 BUSINESS UPDATE FROM CITY HALL Volume 9 No.11 Dear Chamber Member: November 1, 1995 City Clerk plans on paving Fuller St. by 1st week of November. At their regular meeting on October 3rd,the City Sarazin Street and Roundhouse Street have been Council changed their November 7th meeting date completed between 4th Ave. and C.R. 16. to November 8th because of the City election on November 7th. P &V subdivision street reconstruction and utility work has been completed except for the final paving At their regular meeting on October 17th,the City and other minor work. Council approved the Minnesota Department of Commerce's granting a currency exchange license Construction work on the County Road 16 Sanitary to American Pawnbrokers, Inc., 450 West 1st Sewer project is well under way. Avenue and to Shakopee Check Cashing, 1147 Canterbury Road. St. Francis Sanitary Sewer& Watermain Project has also started with the contractor having completed Community Development the installation of watermain from Vierling Drive to the new St. Francis Medical Campus. The On October 18, 1995 the Shakopee Community contractor is now working on the sanitary sewer Development Commission moved to recommend to portion. the Economic Development Authority that a engineering consulting firm be selected to complete Park & Recreation an analysis of the feasibility of relocating, renovating and/or demolishing property located within Blocks 3 &4. The proposal received will On Monday, October 23, 1995 the Shakopee Park analyze each of these issues on one specific parcel and Recreation Advisory Board moved to in Blocks 3 & 4. The results of the analysis will be recommend to City Council a facility use fee useful in determining what approach the City structure that applies to all City buildings and should take in redeveloping this area. grounds. City staff worked closely with officials from the School District in developing a common The Community Development Commission is also fee schedule. At the same meeting the Shakopee currently analyzing the need for updating the City's Park and Recreation Advisory Board moved to Economic Development Assistance Policy for recommend to City Council the adoption of a industrial prospects. It is anticipated that any membership/daily admission fee schedule for the changes to the current policy will be presented to Civic Center. The Park and Recreation Advisory the EDA for their approval later this year. Board will be recommending that one standard admission schedule be charged regardless of residency. In other words,there would be no Engineering/Public Works differential rates for non-residents. The Park and Recreation Advisory Board felt that this approach The Fuller Street Project from 10th Avenue South would be easier to implement from an to Vierling Drive is progressing well. Curb& administrative stand point and not create hard gutter and class 5 base is in place. The contractor feelings between the City and the Townships. The City Council will be reviewing these matters at their House 2nd Addition from Highway Business (B-1) November 8, 1995 meeting. to Major Recreation(MR) for expansion of Valleyfair. The Shakopee Civic Center Project is rapidly nearing completion. The ice arena portion of the A concept review for Valleyfair Planned Unit facility is on schedule for a December 1st opening. Development was considered. Approval was At the November 8, 1995 City Council meeting,the recommended to the City Council on an amendment issue of declaring the Civic Center site as a smoke to Chapter 11,Zoning,to add sections that would free ground and facility will also be discussed. The allow outdoor storage as a Conditional Use in the Park and Recreation Advisory Board is Industry Zones. recommending adoption of this policy in light of the proximity of the Civic Center to the Senior High Approval was recommended on the vacation of the School complex. drainage and utility easements in Lots 1 through 6, Block 3, Prairie Bend 1st Addition. A In November the Shakopee City Council will be recommendation was also made to adopt a considering the adoption of a facility use agreement resolution relating to the Minnesota River Valley by and between the City of Shakopee and the Redevelopment Project#1 supporting the School District. The proposed agreement spells out establishment of Tax Increment Financing District in detail the long standing arrangement that has #10 and the adoption of a Tax Increment Financing been held between the City of Shakopee and School Plan. District in respect to joint use of facilities. Under the terms of the agreement the City will have Police secured first access to use of school facilities when they are not being used for school purposes. Members of the Shakopee Police Department's Likewise the School District will have first right to Special Incident Response Team trained at Camp use municipal facilities when they are not being Ripley near Little Falls, MN, October 1st through used for City purposes. Each level of service will 4th. The focus of this years training was hostage be provided at no charge to the other jurisdiction rescue and high risk warrant service. The primary with the exception of ice time in the Civic Center. instructors were senior members of the Los Angeles Police Department's SWAT Unit. They were Planning assisted by instructors and roll players from the Bureau of Criminal Apprehension. Board of Adjustment and Appeals -At its October 5, 1995, meeting,the Board of Adjustment Team members received additional training in and Appeals approved an application for a topography searches and tactical weapons. Conditional Use Permit for Twin City Outboard, Inc. Shakopee's SIRT officers are members of the Minnesota Tactical Training Officers Association. Planning Commission-At its October 5, 1995, this years training was attended by 14 metro area meeting,the Planning Commission recommended departments with a total of 124 officers. The approval of the Final Plat of Canterbury Pointe. training was hosted by the Bureau of Criminal Approval was also recommended to the City Apprehension. Council on an amendment to the Shakopee Zoning Map to rezone Lots 1, 2 and 3, Block 1, Prairie #5 TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: SEC Disclosure DATE: October 26, 1995 Dave MacGillivray from Springsted has sent the attached information in response to a council member's request for information on continuing disclosure. The continuing disclosure is a new requirement for the city to comply with. . FEDERAL FOCUS The New SEC Disclosure Rule documents and other information about issuers and their issues before recommending securities to investors. 1Sc-12: Questions and Answers Since the Interpretive Release provides the SEC's interpretation of existing law,in effect,it provides guidance about disclosure responsibilities pertaining to all debt—both outstanding and newly To assist issuers who are in the process of determining what impact, issued debt.Issuers therefore are encouraged to review their if any,the changes to Securities and Exchange Commission(SEC) disclosure practices generally and not just those for new issues. Rule 15c2-12 concerning primary and secondary market disclosure The SEC strongly recommends that issuers consult the GFOA's will have on their disclosure practices,the GFOA Federal Liaison Disclosure Guidelines for State and Local Government Securities Center has developed the following questions and answers concern- and other guidance,such as the National Federation of Municipal ing the rule's implementation.For a fuller understanding of the Analysts'(NFMA)Disclosure Handbook for Municipal Securities, "Final Rule,"which was approved by the SEC on November 10, which contains recommendations about the type of information 1994,and its impact,GFOA members are urged to consult with that is needed on a sector-by-sector basis to evaluate specific credit their financial advisor or bond counsel.Issuers should also refer to risks in the primary and secondary markets. the SEC's"Adopting Release" (Release No.34-34961),which The following questions and answers are intended to help issuers explains the rule changes,and the GFOA Washington Update on the understand the new rule and the Interpretive Release and their "New SEC Municipal Securities Disclosure Rule,"dated Decem- impact on state and local governments.Issuers are cautioned that ber 9, 1994,which offers a general description of the rule. there will be many unanswered questions as the new disclosure The new provisions of Rule 15c2-12 were adopted by the SEC system evolves,but they should be assured that GFOA is working under the antifraud provisions of the federal securities laws,which with other market participants and the SEC to facilitate the apply to issuers and other market participants,co prevent the implementation process. underwriting and recommendation of municipal securities about which little or no information is provided on an ongoing basis. What are the requirements of the rule that affect issuers? Technically,the rule addresses underwriter requirements and In general,the rule prohibits dealers from underwriting municipal responsibilities in the offering of municipal securities and does not securities of$1.0 million or more unless the issuer or an obligated directly regulate municipal securities issuers.However, since the person has undertaken in a written agreement(an "undertaking")or offering of securities by an underwriter is conditioned upon the contract to provide annual financial information and material events existence of a binding commitment by the issuer or other parties to disclosure.The information must be provided on a timely basis to provide annual financial information and material events disclo- information repositories,as described below,by the issuer or sure,issuers should review their disclosure practices so that obligated person,either individually or in combination. appropriate disclosure is available on a timely basis. The rule is very flexible and leaves to the issuer and its advisors To complement this effort,the SEC used its interpretive author- the determination of what kind of annual financial information and ity and issued Interpretive Release No. 33-7049 and 34-33741 on event notices will be disclosed.There is no requirement that issuers March 9, 1994,which provides the SEC's views regarding disclo- prepare financial statements according to generally accepted sure by municipal market participants in meeting their responsibili- accounting principles(GAAP)or have their statements audited in ties under the antifraud provisions of the federal securities laws. accordance with generally accepted auditing standards(GAAS).The The antifraud provisions in the Securities Act of 1933 and the Interpretive Release,however,strongly urges issuers to follow GAAP Securities Exchange Act of 1934 generally prohibit fraudulent and and to have their statements audited in conformance with GAAS.If deceptive practices in the offer, purchase and sale of municipal financial statements are prepared,they must be sent to repositories. securities.Any person,including municipal issuers,brokers and Undertakings may be included in a trust indenture,bond resolu- dealers,who makes any false or misleading statement of material tion or a separate written agreement.They also may be included in fact or omits any material facts that cause such statements to be the bond itself.A description of the undertaking for a particular misleading in the context in which the statements are made, issue also must be provided in the issuer's final official statement. violates the federal law.The commission has previously warned issuers that any information reasonably expected to reach inves- When does the rule take effect? tors,even if it does not take the normal form of a disclosure For issuers,there are two key dates. document and is not directed specifically at market participants, •July 3, 1995—Starting on this date,an undertaking to provide may be viewed as a statement subject to the antifraud provisions. information must be made for newly issued bonds if the bonds Information may include documents,public statements and press are not eligible for an exemption,and the issuer must include a releases.Penalties for violations of the federal securities laws and covenant in newly prepared official statements describing the rules promulgated thereunder include cease and desist orders, undertaking.This means that issuers must identify the entities injunctions,monetary damages,and fines and imprisonment,or about which information will be provided and the type of both information co be provided.Issuers must specify accounting The Interpretive be reviewed by all principles used,if audited financial statements will be provided market participants,tepretivdeals Release,which cshouldad conerre suchasand when information will be provided.Material events disclo- sure must begin on this date for these issuers. •ways to improve official statement disclosure,including disclo- •January 1, 1996—Bonds eligible for the small-issuer exemption sures about political contributions and derivatives; do not have to make a "limited undertaking"or include informa- •mechanisms for issuers to use to provide ongoing disclosures tion about their"limited undertaking,"which is described below, about outstanding debt to investors to avoid violations of the in their official statements until this date.Material events antifraud rules;and disclosure must begin for issuers eligible for the small-issuer •broker/dealers'responsibilities for reviewing issuers'disclosure exemption on this date.For all issuers who must provide annual 30 FEBRUARY 1995 • GOVERNMENT FINANCE REVIEW financial information,that information must be provided for How is "timely"defined in the rule? fiscal years ending on or after January 1, 1996. Timely is not defined in the rule. Because of the wide variety of events and issuer circumstances,it is not possible to establish a How are outstanding bonds affected by the new rule? specific time frame in determining whether an issuer or obligated Outstanding bonds are not directly affected by the new rule, person provided timely disclosure of a material event.It is neces- but issuers should remember that the continuing disclosure sary to consider the time needed to discover the occurrence of the required by the new rule also may be applicable to previous issues. event,assess its materiality,and prepare and disseminate the notice. Thus issuers should ensure that any disclosure is both accurate and While the SEC has expressed a strong preference in the Interpretive free of material omissions with respect to any bond issue for which Release for annual financial information to be provided within six the disclosure is relevant.As noted elsewhere,issuers should months after the close of a government's fiscal year,no such review the SEC Interpretive Release and determine whether their requirement exists. disclosure practices with respect to prior bonds are sufficient in light of the Interpretation,which took effect immediately upon its What does the term "material"mean? release, because it provided an interpretation of disclosure Event disclosure is required only if the specified event is mate- responsibilities under current law. tial.While there have been numerous definitions of materiality and much discussion of how the term relates to municipal issuers,the How is the term "securities"defined for the purposes of the rule? most common definitions center on any information that a The definition of security in the federal securities laws is very reasonable investor might consider significant in an investment extensive and includes a variety of instruments,such as notes, decision.It does not have to be an event that all investors would bonds,leases,loans,installment sales agreements,take-or-pay consider significant.In many cases,common sense is the best guide contracts,certificates of participation and any other evidence of to the definition of materiality.The rule clearly leaves to municipal indebtedness. issuers the responsibility to determine materiality,although of course there may be consequences if their determination is later What is an"obligated person?" questioned. An obligated person is any person,including a municipal issuer or a conduit borrower,who is committed by contract or other If an issuer cannot legally commit to incur expenditures beyond its arrangement to support payment of the securities issued.Major current fiscal year for the provision of information required by the customers and major taxpayers are not intended to be covered by undertaking,what should the issuer do? the definition.Providers of bond insurance,letters of credit and To respond to situations where state law prohibits jurisdictions liquidity facilities are specifically excluded from the definition of to enter into contracts that will require appropriations or actions in obligated person to eliminate the need for issuers to separately future fiscal years,the SEC says that the undertaking may include a obtain and disseminate annual information about such providers. qualifier. In other words,it would be appropriate to include a condition in the undertaking that provides that the provision of What is "annual financial information?" information is subject to appropriation or future action.In the Annual financial information is both financial information and event the appropriation is not made or the action is not taken, operating data and is the same type of information as is provided by disclosure of that fact must be made. the issuer in the official statement for a bond issue.As indicated above,if anissuer prepares audited financial statements,those If a bond is credit-enhanced,is it necessary to provide annual statements also must be submitted annually.The SEC emphasizes in financial information and material events disclosure about the its explanation of the rule that operating information is intended to underlying credit? be quantitative in nature.The NFMA has published information Even if a bond issue is credit-enhanced,information must be that suggests what type of operating data is pertinent for the ongoing provided for those persons for which financial information or analysis of certain types of bonds. operating data is included in the final official statement and that have a contractual or other connection to repayment of the What is an"event?" municipal obligations.As discussed above,providers of bond An event is an occurrence or a development relating to outstand- insurance,letters of credit and liquidity facilities are not considered ing securities,the issuer of the securities or an obligated person. obligated persons for the purposes of the rule. The rule requires the submission of notices of 11 events to reposi- tories,if the events are material and applicable to the transaction. Should issuers provide information in their disclosure documents The rule also provides that issuers and their advisors may wish to about providers of bond insurance,letters of credit and liquidity identify material events in the undertaking other than those listed facilities? in the rule that could have a material effect on the holders of the The SEC Interpretive Release states that investors need to be bonds.Other types of events may be announced in the same way, informed about the nature and effects of each significant term of such as whether a particular bond issue is affected by pending legis- the debt in the official statement,and that includes information lation,and it may be desirable for issuers or obligated persons to about credit enhancements.Additionally,the explanation of the supply information to the market that is positive in nature,such as Final Rule provides that financial information and operating data a favorable court decision if an unfavorable decision would have that are material to an offering at the outset generally remain had a material impact on the ability of the issuer to repay outstand- material throughout the life of the security.While the SEC has ing debt.In general,the information should be specific to the issuer stopped short of requiring information about these market parti- or issue. cipants,it has clearly signaled its intentions.The SEC is encourag- ing all market participants to work together to adopt appropriate Fssau4 aY 1995 • GovEat4MExr FINANCE REVIEW 31 disclosure practices regarding providers of bond insurance,letters constitute a binding commitment to provide information,and the of credit and liquidity facilities in primary offering materials and information must be sent annually to the appropriate repositories. on an ongoing basis in the annual financial information.The SEC A private borrower's desire to keep financial information out of the has stated that it exempted such providers from the definition of public domain is irrelevant to meeting the requirements of the rule. obligated person contained in Rule 15c2-12 because of the repre- If a private borrower through a conduit financing is unwilling to sentations of the providers that they intend to deposit publicly covenant to make the necessary disclosure,the requirements of the available reports in repositories or to note where they could be rule cannot be met,and a conduit issuer should not issue the bonds obtained.Therefore,issuers could cross-reference such information in question.The SEC does not specify the form or content of the in their disclosure documents and indicate where it can be obtained. annual financial information.However,it provides that the annual financial information provided must"mirror"the financial Are participants in pools required to provide annual financial information and operating data contained in the final official information? statement prepared in connection with the offering.This require- The same requirements apply to pool participants as to other ment is modified some for issuers and obligated persons,including issuers,including the small-issuer exemption described below conduit borrowers,who are eligible for the small-issuer exemption. However,a special rule is provided to determine which pool parti- cipants are obligated persons.Flexibility is needed for pools in How will the information provided by issuers reach the market? determining which participants are obligated persons because the Issuers will send annual financial information co all nationally composition of a pool may vary over time.Under the rule,bond recognized municipal securities information repositories pools must describe in their official statement,and in the required (NRMSIRs)and to a state information depository(SID)if one undertaking,the objective criteria the pool will apply consistently, exists in the issuer's state.NRMSIRs are private vendors who both in the official statement and on a continuing basis,in deter- gather and disseminate information about municipal issuers to the mining whether information concerning a pool participant will be primary and secondary markets.The SEC will permit NRMSIRs to provided.While this approach is required for pools,it may be used charge reasonable fees for the dissemination of disclosure informa- by other issuers to determine for which obligated persons informa- tion,but they may not charge issuers who are submitting annual don must be provided. financial information or events notices.The NRMSIRs are The SEC does not specify what objective criteria are to be used, expected to collect fees from the users of the information.Cur- but it says the description of criteria should be clear as to when and rently,three NRMSIRs exist.A SID may be a public entity or a how the criteria are applied.It suggests that a percentage of private organization designated by the state co receive information payment support might be used to identify obligated persons.If a from all issuers within the state and make that information participant's involvement no longer meets the established criteria, available promptly to the public. NRMSIRs and SIDs must meet that participant would no longer be considered an obligated person certain qualifications. and annual financial information and material events disclosure Material event notices must be provided to all the NRMSIRs or would no longer be provided for that obligated person. the Municipal Securities Rulemaking Board Continuing Disclosure Information(CDI)system and to a state information depository if Who should undertake to provide the information required under one exists in the issuer's state. Rule 15c2-12? It is expected the NRMSIRs will be operational in time to begin Undertakings may be made by the issuer of the securities being accepting event notices in July 1995 since they now have that offered or by an obligated person for which information is provided capability.At the end of 1994,no state information depositories in the final official statement.An issuer may provide the undertaking had been established.For purposes of this article,NRMSIRs,SIDs even if the issuer is not an obligated person.An obligated person and CDI are referred to as "repositories." • who is not the issuer also may provide the undertaking.Regardless of who makes the undertaking,the undertaking must constitute a Should issuers rush to market prior to the July 3, 1995,effective binding agreement.The information also could be provided on date? behalf of an issuer by another person,such as a trustee. Rushing to issue bonds prior to the effective date of the new provisions of Rule 15c2-12 to avoid making disclosure commit- In a conduit financing where there is a governmental issuer but the ments should be considered carefully in light of the positions the borrower is a private party,who is responsible for providing the SEC has taken concerning secondary market disclosure in the annual financial information? Interpretive Release.Some advisors argue that,because issuer As indicated above,information must be provided for all obli- statements are newsworthy,issuers have no responsibility to gated persons and the issuer if the issuer is an obligated person. provide information until Rule 15c2-12 takes effect and therefore Thus,someone,either the issuer or the borrower, has to be respon- issuers would benefit by rushing issues to market.They contend sible for providing the information.Of particular importance to that issuers do not have a responsibility to disclose information, governmental issuers is the ability to shift to an obligated person, they only have a responsibility not to provide misleading informa- such as the conduit borrower,the responsibility to provide don and not to omit material information. information on an ongoing basis. The SEC takes the position in its Interpretive Release that,as a practical matter,issuers do not have the option of remaining silent. If the private borrower in a conduit financing considers its financial The SEC further states that,because issuer statements are newswor- information to be proprietary,must that information be provided thy, issuers may face a risk of misleading investors through public to the repositories? statements that may not be intended as the basis of investment An undertaking to provide information must be made if the decisions but may be reasonably expected to reach the securities conduit bonds are to be underwritten,the undertaking must market.To guard against such risks for bonds issued both before 32 FEBRUARY 1995 • Gomm(Era FINANCE REVIEW July 3, 1995,and thereafter, the SEC recommends that issuers change and to indicate when the information would be provided in establish practices and procedures to inform the secondary market. the future.The undertaking is intended to be written generally to accommodate subsequent developments such as these. When must annual financial information be provided? No specific date or time period after the close of the fiscal year is What happens if an issuer experiences delays in the provision of specified by the SEC for the provision of annual financial informa- annual financial information? tion.However,the issuer should specify in the undertaking and in If an issuer or another responsible party fails to provide annual the covenant the date when information will be provided.The SEC financial information by the date specified in the undertaking and strongly recommends that the information be made available official statement,a notice should be filed with the appropriate within six months after the close of the issuer's fiscal year. information repositories.The notice should indicate the reason for the delay and when the information will be available. Will the submission of a comprehensive annual financial report (CAFR)fulfill an issuer's obligation to provide annual financial What happens if annual financial information is not provided? information? The undertaking should specify what remedies are available to It is expected that a CAFR will satisfy the requirements of the bondholders and others if required information is not provided.The rule for many issuers.As long as the information in the CAFR parties to the transaction are urged by the SEC to enumerate the con- "mirrors" the financial and operating data in the issuer's final sequences of such failures in the undertaking to avoid uncertainties official statement(s),it will satisfy the requirement.Issuers may of enforcement.The rule requires timely disclosure of the failure of wish to consider expanding the statistical and financial sections of any person to provide annual financial information on or before the their CAFRs to meet their information needs.The National date specified in the undertaking.Such disclosures may be made to Federation of Municipal Analysts has published information that the trading markets in the same way material events are disclosed. suggests what type of operating data is appropriate for the ongoing To bring market pressure to bear on those persons who do not analysis of certain types of bonds. provide required information,the rule requires disclosure in an issuer's final official statement of all instances in the previous five Must all the annual financial information be provided in a single years in which any person providing an undertaking failed to document? comply in all material respects with any previous informational There is no requirement for the annual financial information to undertaking.Thus,even though an issuer may shift the responsibil- appear in a single document. Cross-referencing to other documents ity for information disclosure to another parry,the issuer must is specifically authorized as long as they are publicly available and monitor compliance with the information requirements. subsequent official statements might satisfy the requirement,in part.To satisfy this "public availability" requirement,the informa- Should issuers reduce the amount of information disclosed in their tion must be deposited in the appropriate repositories. official statements to simplify the annual financial information requirement? Must the same annual financial information be provided every year? Issuers are cautioned that the SEC is monitoring the municipal Information must be provided to update the information market and that reducing the quantity of information provided in originally provided in the official statement.However, the annual disclosure documents in the primary market for this purpose, information requirement is flexible. If an obligated person is no tempting as it may be,would likely invite more stringent SEC longer responsible for the repayment of the obligations,informa- requirements affecting municipal issuers.In the explanation of the tion is no longer required and the information requirement for that Final Rule,the SEC cautions that reliance on the final official obligated person may be terminated.The rule permits an undertak- statement to set the standard for annual information disclosure ing to specify only the general type of information to be supplied to should not serve as an incentive to reduce the level of disclosure in accommodate subsequent developments. final official statements.If issuers pursue this strategy,the SEC could modify Rule 15c2-12 to specify the form and content of What must an issuer disclose about its accounting practices? issuer disclosures.The SEC is urging full,concise and clear An issuer must specify in reasonable detail the basis of account- disclosure—not less disclosure.Any attempt to circumvent the rule ing used for the preparation of its financial statements in the requirements in this fashion is not advised. undertaking.The SEC notes the importance of preparing such information on a consistent basis to enable users of the information What happens if material events are not disclosed? to evaluate results and perform year-to-year comparisons. If material events disclosure is not made by the issuer, the SEC could employ the enforcement actions it has at its disposal.While it What happens if an issuer changes its accounting principles or its is impossible to predict exactly how the bond market will get such fiscal year? information and respond to it,failure to provide required annual The SEC encourages issuers to follow generally accepted disclosure is likely 1)to be"discovered"promptly by the market accounting principles(GAAP)and would look favorably upon a and 2)to limit the liquidity of the bonds affected.As noted above, change to GAAP as long as GAAP were used consistently from that such failure also could undermine the ability of an issuer to sell point forward.Issuers should clearly note the change in the basis of future issues. accounting in subsequent annual financial information submissions. Moving to a basis of accounting other than GAAP is not prohibited. Are statements made by elected officials concerning a jurisdiction's Other changes,such as a change in an issuer's fiscal year,are not finances considered information that must be sent to repositories? prohibited as long as annual financial information is filed.The issuer The rule does not require such information to be sent to the would be required to make a notification about the fiscal year repositories.However,the Interpretive Release reminds issuers that FEBRUARY 1995 • Coy Nt'FINANCE Raw 33 investors may rely on a variety of formal and informal sources of this exemption,the information provided need not"mirror"the continuing information,including public statements and press information presented in the official statement. releases concerning a jurisdiction's fiscal condition.The SEC cautions that the antifraud provisions may apply to such informa- Must issuers pay a fee to deposit information in repositories? tion.The SEC encourages the use of standardized mechanisms As indicated above,the SEC has specifically provided that within each jurisdiction for disseminating information about issuers must not be charged a fee by repositories that will be outstanding debt and future bond issues to avoid confusion about collecting information from issuers. One cost concern for issuers what information is intended to reach investors and the trading will be the impact of the requirement to send annual financial market.An example of a standardized mechanism is a commitment information to all NRMSIRs.This requirement may be reviewed, to provide annual financial information to information repositories. depending on how many NRMSIRs are ultimately established and whether a system of information sharing evolves to reduce the Are there any exemptions from the requirements of the rule? impact of the dissemination requirements on issuers. The following securities are exempt from the requirements to provide annual financial information and material events notices: Must the information submitted to repositories be filed electronically? •securities with an aggregate principal amount less than$1.0 There is no requirement for the information to be filed electroni- million;and cally.It is expected that issuers will have the option to send paper •securities sold in denominations of$100,000 or more,if the documents to the repositories or to use electronic media.GFOA securities are sold to 35 or fewer sophisticated investors,or have has consistently called for issuers to have the option to provide the a maturity of nine months or less,or the bonds may be tendered information by the method they choose. at the option of the holder to an issuer at intervals of nine months or less. Must issuers now have a trustee for each bond issue? The following securities are exempt from the annual financial Trustees are not required for each bond issue.However, issuers information requirement but nor the material events notice are permitted to contractually empower indenture trustees or requirement: designated agents to disseminate information that issuers or •securities with a stated maturity of 18 months or less and obligated persons are committed to provide. •securities for which neither the issuer nor any obligated person is committed to repay more than$10 million of outstanding Are there any other changes to SEC Rule 15c2-12 that issuers municipal securities,including the current securities offering. should know about? The small-issuer exemption is only available to chose small The definition of final official statement in the version of Rule issuers who make a "limited undertaking" to provide information. 15c2-12 adopted in 1989 has been modified to provide that This requirement is described below. financial information and operating data for persons,entities, enterprises,funds and accounts must be included in the official How does an issuer determine if it is eligible for the small-issuer statement that are material to an evaluation of the offering and to exemption? include disclosure of failures to provide information promised in To determine if the aggregate$10 million threshold is not an undertaking for previously issued bonds. exceeded,issuers must add together the total amount of outstand- ing debt(including the new issue) for which the issuer or an What new systems and procedures should be put in place to obligated person has repayment responsibilities.If one obligated facilitate compliance with the new requirements? person who is part of an offering exceeds the threshold,then the Issuers should consider doing the following: entire offering and all obligated persons are subject to the rule •• develop procedures to identify those officials who will be requirements.The rule provides that an issuer or an obligated responsible for identifying events that must be disclosed; person aggregate outstanding obligations even if some are payable •identify the role of financial advisors,attorneys and others in the from separate dedicated revenue sources.Therefore,in the case of a disclosure process; general government,it is necessary to aggregate outstanding •determine the methods they will use to review events and general obligation debt and revenue bonds. disseminate information; •choose the form and content of disclosures;and What information must be provided by the small issuer in order to •establish a schedule for information dissemination. meet the"limited undertaking"requirement? To satisfy the limited undertaking requirement,financial Must information about political contributions be disclosed? information or operating data must be provided to any person As noted above,the Interpretive Release speaks to the need to upon request,or at least annually to the appropriate state informa- disclose information about political contributions.In a discussion tion depository if one exists.At a minimum,the financial informa- about official statement disclosure,the SEC says that information tion and operating data customarily prepared and made publicly concerning financial and business relationships and arrangements available by each obligated person should be provided.In addition, among the parties involved in the issuance of municipal securities notices of material events must be sent to the appropriate reposito- may be critical to an evaluation of the offering.According to the ries.The undertaking and the issuer's official statement must SEC,political contributions,if material,could indicate the existence describe where and how the information can be obtained.It is not of actual or potential conflicts of interest and should be disclosed. necessary co send the annual financial information to NRMSIRs, but the issuer may find it easier to meet its dissemination responsi- bilities by sending information to NRMSIRs.For the purposes of (continued on page 40) 34 FEBRUARY 1995- • GOVERNMENT FINANCE REVIEW MEMO TO: Dennis R. Kraft, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: HEC-2 Flood Study Results at Huber Park DATE: November 1, 1995 MEETING DATE: November 8, 1995 NON-AGENDA INFORMATIONAL ITEM: Previously, the City Council authorized Orr-Schelen-Mayeron & Assoc. (OSM) to perform a HEC-2 Flood Study on the Minnesota River near the Huber Park area to determine the flood stage impacts due to the fill placed in Huber Park below the Minnesota River floodplain elevation. OSM has completed this report and is available for review in the City Engineer's office. The report has the following conclusions 1. The fill placed in Huber Park does not raise the floodplain elevation in the area of Huber Park or upstream. 2. There are no properties affected by flood damage with the fill placed in Huber Park. This report utilized the Department of Natural Resources (DNR)model for the Minnesota River and cross sections that were previously taken at Huber Park near the Minnesota River. This report was necessary in order to resolve the issue between the DNR and the City as to the fill placed below the Minnesota River floodplain. A conditional use permit needs to applied for with the DNR and the flood study is a necessary component for approval of this conditional permit. The HEC-2 Flood Study will be forwarded to the DNR and to the Lower Minnesota River Watershed District for their approval. The DNR does have the final say as to the acceptance of the report but based on the findings of the report, it appears to be positive and that there is no impact from the fill being placed in Huber Park to properties upstream. If you have any questions in regard to this memorandum, please feel free to contact me in my office. BL/pmp STUDY 7 MEMO TO: Dennis R. Kraft, City Administrator FROM: Bruce Loney, Public Works Director , SUBJECT: Survey Quotes for 1996 Reconstruction Projects DATE: November 1, 1995 MEETING DATE: November 8, 1995 NON-AGENDA INFORMATIONAL ITEM: As directed by City Council at the October 17, 1995 Council meeting, the Engineering Department was to solicit quotes for Engineering surveying for the 1996 Reconstruction Project feasibility study and for the Gorman Street feasibility study. The survey quotes received from firms who are on the consultant list with the City of Shakopee were as follows: Firm Cost-Not-To-Exceed Orr-Schelen-Mayeron&Assoc. $14,250.00 (Both Projects) DeMars-Gabriel Land Surveyors $15,000.00 (Both Projects) SRF Consulting Group, Inc. $21,500.00 (Both Projects) Peters, Price, Samson Land Surveyors, LTD. $24,500.00 (Both Projects) As per the Council directive, staff could proceed with the surveying quotes with Council approval once the quotes were received and a consultant selected. Based on the quotes received, I will be entering into a consultant agreement with Orr-Schelen-Mayeron & Assoc., Inc. for the surveying work for the 1996 Street Reconstruction feasibility report and the Gorman Street reconstruction feasibility report. If you have any questions in regard to this,please feel free to contact me in my office. BL/pmp SURVEY MEMO TO: Dennis R. Kraft, City Administrator FROM: Bruce Loney,Public Works Director SUBJECT: Storm Drain Stenciling in Shakopee • DATE: November 1, 1995 MEETING DATE: November 8, 1995 NON-AGENDA INFORMATIONAL ITEM: Attached to this memo is a letter from the Minnesota Friends of the Valley in regard to the stenciling program on storm drains leading to the Minnesota River. This program was done in conjunction with Scott County Environmental Services and its goal is to educate the public as to where stormwater from catch basins and storm drains ultimately flows to,which is the Minnesota River. This program was done and was accomplished at no cost to the City of Shakopee taxpayers and was a volunteer program. I have been contacted by Ms. Julie McNearney at Pearson School for consideration of grade school students becoming involved in the stenciling program. I contacted Ms. McNearney and informed her of the Minnesota Friends of the Valley Program and Scott County assistance and the Pearson School teachers may be working with these groups for the stenciling program of storm drains in Shakopee next year. If you have any questions in regard to this memorandum,please feel free to contact me in my office. BL/pmp STENCIL Friends of the Alnnesota Gley / October 25, 1995 3815 East 80th Street Bloomington, Minnesota Bruce Loney 55425-1600 Engineering Department City of Shakopee, Honorary 129 Holmes Board of Directors Shakopee, MN 55379 Shirley K. Hunt Alexander Dear Bruce, Edina, Minnesota Elmer L.Andersen The Friends of the Minnesota Valley has been coordinating Arden Hills, Minnesota storm drain stencilling in the cities along the Minnesota River this past summer . I thought you would like an update of Raymond Black the areas that have been stencilled in Shakopee. The Boy Mound, Minnesota Scouts in troop #12 stencilled approximately 57 storm drains Les and Fran Blacklock and distributed fliers to area residents educating citizens in Moose Lake, Minnesota the awareness of storm sewers. The name and address of the troop is: Dr.Walter Breckenridge Minneapolis, Minnesota Boy Scout Troop #12 Sean Bessie/ Forrest A. Carpenter 819 South Main Street Prior Lake, Minnesota Shakopee, MN 55379 Dr.Adele Skipton Elwell 445-4065 Bemidji, Minnesota Kris Beatrez with Scott County Environmental Health was Robert L. Herbst extremely helpful in getting maps for the area. If you have Duluth, Minnesota any questions feel free to call me. William G.Kirchner Richfield, Minnesota Sincerely, Les Malkerson I Shakopee, Minnesota Walter F.Mondale Sue Beiseker Minneapolis, Minnesota Project Coordinator 854-5900 Charles M. Moos Deephaven, Minnesota Samuel H. Morgan St. Paul, Minnesota Richardson& Susan Okie White Bear Lake, Minnesota Kathleen Bidder St. Paul, Minnesota PRINTED ON '��u RECYCLED PAPER Working to conserve and manage wisely the cultural and natural resources of the Minnesota Valley. 9 Volume 2, Number 2 October 27, 1995 Construction Update ��CO�T T CSAH 16 SCOTT COUNTY HIGHWAY DEPARTMENT 1995 Storm Sewer Begins, Granular Base and Paving to Follow Project Limits Getting Around The.. 1995 `' construction` operations are p During construction the road will be closed limited from Vierling. Drive to Couratyr to thru traffic, with local traffic being Road 83. Y: The 1996'construction operations• maintained. The detour route directs traffic ate between CSA H -17 Marschall Road to-.. from CSAH 16 north on CSAH 17, east on Vierling__ Drive . This is a total street TH 101, and south on CR 83 (see Map). reconstruction project,including underground utility work, storm sewer, curb & gutter, traffic signal revisions, and sidewalks. ti'''r I •_ OLP I CEWTERBU DOWNS F:1 • MEN VIA AK WORKING - Your use of alternate routes whenever possible will greatly assist the work. We ask you to be patient with the Schedule temporary rough road conditions while under construction. Your patience would especially be appreciated on or after rainy days until the The CSAH 16 Road Reconstruction Project contractor and the sun have had a chance to began August 21 . The scheduled seasonal dry out the wet soil and grade the road. completion date is November 22, 1995. Due to delays in the city contract, RKI t Ai r(( (Richard Knutson, .Inc.) will not be able to `� `' ,. ,illproceed with their work west of the ;Yl'` .\\'' Shakopee Bypass until after November 5th. I `�`'- , RKI should complete storm sewer east of the _ f-'- t- .-, Shakopee Bypass _ p by November 1st. Curb & ,_; gutter and paving will follow. �� ,\ I ' 4,4 TENTATIVE AGENDA PLANNING COMMISSION Regular Session Shakopee, MN November 9, 1995 Chairperson Terry Joos Presiding 1. Roll Call at 7:30 P.M. 2. Approval of Agenda 3. Recognition by Planning Commission of Interested Citizens. 4. Approval of Consent Agenda- (All items listed with an asterisk(*) are considered to be routine by the Planning Commission and will be enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda). 5. * Approval of the October 5, 1995,Meeting Minutes 6. 7:35 P.M. Public Hearing_ To consider an amendment to Chapter 11, The Zoning Chapter, for a Text Amendment request to allow retail sales of nursery and garden supplies as a Conditional Use in the Rural Residential (RR)zone. Applicant: Minnesota Green Landscaping 7. 7:40 P.M. Public Hearing: To consider an application for an amendment to the Public Mini-Storage Planned Unit Development for the 12' x 40' expansion of an existing structure for use as an office. Applicant: North Imports 8. 7:45 P.M. Public Hearing: To consider an application for an amendment to the St. Francis Medical Campus Planned Unit Development to alter the size and design of the nursing home facility, and to relocate the parking area from the northern portion of the lot to the southern portion of the lot. Applicant: Hammel Green and Abrahamson,Inc. 9. Text Amendment to"Design Standards": To consider an amendment to Chapter 11, The Zoning Chapter, for a Text Amendment to revise the Design Standards within the Residential Zones. (Public Hearing closed at the September 7, 1995, meeting and recommendation to the City Council tabled on October 5, 1995.) Applicant: City of Shakopee 10. 7:50 P.M. Public Hearing: To consider an amendment to Chapter 11,The Zoning Chapter, for a Text Amendment to revise the Design Standards along the southerly bypass. Applicant: City of Shakopee 11. * Final Plat: To consider the final plat of Market Place 2nd, located at 5th Avenue and Market Street. Applicant: Klingelhutz Development Company 12. * Vacation: To consider the vacation of the northern most portion of the alley dedicated with Market Place 1st Addition measuring 312 feet in length and 10 feet in width on the eastern most end and 6.11 feet in width on the western most end,Market Place 2nd Addition. Applicant: Klingelhutz Development Company 13. *Vacation: To consider the vacation of drainage and utility easements along East and West property lines of Lot 1,Block 1,Valley Park Fourth Addition. Applicant: Pouliott Designs 14. *1996 Meeting Schedule for the Planning Commission 15. Other Business 16. Adjourn Paul Bilotta Planning Director Note to Planning Commission Members: If you have any questions or need additional information on any of the above items,please call Julie or Shelly on the Monday or Tuesday prior to the Meeting. If you are unable to attend the meeting,please call the Planning Department prior to the meeting. i:\planning\boas-pc\1995\pc 1109\agenda.pc TENTATIVE AGENDA BOARD OF ADJUSTMENTS AND APPEALS Regular Session Shakopee, MN November 9, 1995 Chairperson William Mars Presiding 1. Roll Call at 7:30 P.M. 2. Approval of Agenda 3. Approval of October 5, 1995, Meeting Minutes 4. Recognition by Board of Adjustments and Appeals of Interested Citizens. 5. 7:30 P.M. Public Hearing: To consider an application for a conditional use permit to sell motor fuel, to operate a car wash, and to build two (2)buildings on one lot. The subject site is located at Lot 1, Block 1, Parkview Addition. Applicant: SSG Corporation Action: Resolution No. 732 6. Interpretation: Interpretation as to the intention of when the Fischer mine is to cease operations. 7. 1996 Meeting Schedule for the Board of Adjustment and Appeals 8. Other Business 9. Adjourn Paul Motto Planning Director Note to the B.O.A.A.Members: 1. If you have any questions or need additional information on any of the above items,please call Terrie or Shelly on the Monday or Tuesday prior to the Meeting. 2. If you are unable to attend the meeting,please call the Planning Department prior to the meeting. (i:\pl anning\pc_boaa\1995\pc 1109\agenda.boa) II- 1/ OFFICIAL PROCEEDINGS OF THE COMMUNITY DEVELOPMENT COMMISSION REGULAR SESSION SHAKOPEE, MINNESOTA OCTOBER 18, 1995 Members Present: Albinson, Amundson, Miller, Morke, and Reinke. Staff Present: Barry Stock, Assistant City Administrator; Paul Bilotta, Planning Director; and Nicole Bennett, Planner I. I. Call to Order - Vice Chair Morke called the meeting to order at 5:30 p.m. Roll was taken as noted above. Vice Chair Morke requested that two items be added to the agenda: the Centres Group Proposal under Economic Development Updates and broadcasting the CDC meetings on cable under other business. The agenda was approved as amended. II. Approval of September 20, 1995 Minutes - Albinson/Amundson moved to approve the minutes of the September 20, 1995, meeting as kept. Motion carried unanimously. III. History of the Shakopee Ferry and Murphy's Landing - Ms. Shirley Olson, from Murphy's Landing, stated that her presentation would focus on the history of the Minnesota River, the history of Native American villages, and the development of transportation in the area. Ms. Olson stated that there is a historic district within the city appropriately named "Historic Shakopee". She noted that along the Minnesota River, from Fort Snelling to Shakopee, were Native American villages, the first settlements of the area. Ms. Olson reported that Samuel Pond was the first European to settle in the area in 1847,just north of the current Highway 101 in the Landing. She noted that extensive footpaths ran along the river at that time, and ox-cart trails that followed the south side of the River eventually became the current Highway 101. Ms. Olson also noted that a stagecoach line ran from Shakopee to the St. Paul trading post starting in 1853. Ms. Olson reported that on July 4, 1854, Richard Murphy obtained a license to operate a ferry which became the major ferry crossing of the Minnesota River for that time. Ms. Olson noted that Thomas Holmes then platted the cities of Chaska and Shakopee, sold Chaska to another developer, and decided to develop Shakopee himself. She noted that Richard Murphy built an inn near the ferry crossing and believed that the Landing would become a major city because of the incoming railroad. Ms. Olson reported that railroad construction was delayed for ten years, however, and the Landing never developed as a major city. Ms. Olson stated that in 1851, Thomas Holmes built a house in Shakopee, began a trading post, built a freight house, and operated the ferry. She stated that in 1853, the Dakota people of the Shakopee tribe were relocated from the city to another area by the government, but after 1858 they returned to the area every summer. In 1870, the railroad was finally constructed and parallels what is now Highway 101. Ms. Olson noted that, in 1875, the two sons of Samuel Pond started a grist mill made of local limestone. Ms. Olson reported that the mill is still located on its original site adjacent to Murphy's Landing, and the Landing would like to return the mill to working order to develop its potential as a tourist destination point. Ms. Olson reported that Shakopee became the thriving city, but the major River crossing remained at Murphy's Landing for several years. Ms. Olson indicated that several organizations, including the City of Eden Prairie and the Eden Prairie Historical Society, have expressed an interest in restoring the ferry crossing for pedestrian and bicycle traffic. IV. Rehabilitation Grant Program Request - Ms. Bennett stated that Mr. Randy Laurent has submitted a Rehabilitation Grant Request for the property located at 128 South Fuller Street. Ms. Bennett noted that the applicant is planning to remodel the building at 128 South Fuller Street with exterior improvements. Mr. Stock noted that the exterior improvements include a new roof which is not eligible for assistance under program guidelines. Mr. Stock also noted that the improvements include brick and stone work using Kasota stone, and new awnings which are eligible costs for program assistance. Mr. Stock stated that window improvements have been listed at a cost of $38,321.00 and staff is looking for further direction from the CDC as to whether or not the proposed window improvements fit within the historic restoration theme of the Rehab Grant Program. Mr. Laurent described the proposed improvements and referred to an architectural concept drawing showing the north and east sides of the building with proposed improvements. Discussion ensued as to the intent of the Rehab Grant Program. Comm. Reinke inquired as to why roofing costs are not eligible under program guidelines. Mr. Stock stated that roofing costs were not included at the time the program guidelines were established because most roofing improvements, such as retarring, do not contribute to the historic and aesthetic value of the structure and are considered "customary maintenance" to be completed by the owner. Mr. Laurent stated that the project includes three roofing components: a flat roofing section, a vaulted section, and parapets or eyebrows above the segmented windows designed primarily for architectural purposes. Comm. Albinson inquired as to how much of the total roofing costs are attributable to the parapet accents. Mr. Laurent stated that approximately $10,350.00 of the total roofing cost is attributable to the parapets. Comm. Albinson noted that the proposed eyebrow roofing above the front windows of the building would have aesthetic value as improvements and should be included as eligible costs. Comm. Miller stated that he agreed some of the roofing costs should be included as eligible due to the nature of the roofing improvements; however, he noted that the window improvements do not appear to be in keeping with the historic theme of the program and, therefore, should not be eligible for funding assistance. Comm. Miller inquired about building code compliance of the structure and whether or not the proposed improvements would eliminate any current code compliance problems. Mr. Stock noted that the only possible compliance problem that currently exists is signage conformance, and that any potential signage problems would be taken care of subsequent to this renovation project. Comm. Albinson stated that total estimated costs eligible for funding would equal $79,450.00 including the cost of the proposed brick and stone work ($68,000.00), awnings ($1,100.00), and the eyebrow portion of the new roofing costs ($10,350.00). A 25% grant for this total would equal $19,862.50. Comms. Albinson/ Amundson moved to recommend to the EDA that the Rehabilitation Grant Program Application submitted by Randy Laurent be approved in the amount of $19,862.50. Motion carried unanimously. V. Economic Development Update - Mr. Bilotta reported that Scott County is planning to hold a neighborhood meeting to discuss a downtown courthouse expansion. Mr. Bilotta noted that a letter was sent to Scott County Administrator Gary Cunningham to address planning issues of the potential downtown courthouse expansion. Comm. Albinson inquired whether or not the Planned Unit Development (PUD) process could be conducted on property not owned by the applicant. Mr. Bilotta responded that staff had identified a way that this could be done with a staged PUD process. Vice Chair Morke inquired about the Centres Group proposal and why it was not brought before the CDC in more detail prior to the proposal going before the City Council. Mr. Bilotta noted that staff reported on a potential mall expansion project at the September 19th CDC meeting, but that the project was too preliminary at that time to discuss a specific proposal with the CDC. Mr. Bilotta reported that the Centres Group is proposing a large-scale commercial project adjacent to the Shakopee Town Square Mall. He noted that the expansion will be located at the new intersection of US 169 and the Shakopee Bypass, upon its completion, and may include a new hotel, restaurants and several retail establishments. Mr. Bilotta stated that the City will be working with the Centres Group to assist in the acquisition of MnDOT right-of- way as well as parcels under Jackson Township and other ownership. Comm. Reinke inquired as to the length of time and depth of involvement for the City as an intermediate property owner. Mr. Bilotta stated that the Centres Group is conducting much of the negotiations with MnDOT, and the City's time commitment during the property acquisition phase will not be extensive. VI. Blocks 3 & 4 Building Analysis - Mr. Stock stated that staff is requesting that an engineering evaluation of a structure within Blocks 3 & 4 be undertaken to assess approximate costs associated with rehabilitation, relocation, and/or demolition to properly evaluate redevelopment possibilities. Mr. Stock noted that a proposal from BKBM Engineering has been received which includes cost estimates for relocation, demolition and rehabilitation at a total cost for services not to exceed $7200 plus reimbursable expenses. Mr. Stock reported that BKBM is an experienced firm with past projects including the Nicollet Island Inn, the Brown Ryan Livery Stable, and the Como Park Conservatory. Mr. Stock noted that staff is requesting the utilization of BKBM Engineers to complete an evaluation of the former City Hall building as it is currently under the city's ownership. Comms. Albinson/ Miller moved to recommend to the EDA that BKBM Engineers be selected to perform an engineering evaluation of the former City Hall building at a cost not to exceed $7200 plus reimbursable expenses. Motion carried unanimously. VII. Draft Industrial TIF Program - Vice Chair Morke requested that this item be tabled due to the length of the item and the lateness of the hour. Comms. Reinke/Amundson moved to table this item. Motion carried unanimously. VIII.Subcommittee Reports - Comm. Albinson reported that the Scott County Transportation Coalition was pleased with the October 26th celebration that marked the opening of the Bloomington Ferry Bridge. Mr. Stock reported that the Scott County Economic Development Coalition is continuing to work on a labor survey of households and businesses. He also noted that the SCEDC has decided to market "Rollin' over the River" flyers to continue the momentum from the Bloomington Ferry Bridge opening. IX. Informational Items - Vice Chair Morke inquired about the Suburban Transit Association, and the City's involvement. Mr. Stock reported that in anticipation of changes in metro transit policy due, in part, to the recent transit strike; the opt-out communities came together to form the Suburban Transit Association. The City of Shakopee will be involved as a member of this association to anticipate and respond to changes in metro transit policy, especially as they affect opt-out communities. Comm. Reinke noted that the transit reports do not accurately reflect ridership numbers for the 53 Circulator, and may also include passengers getting on at the Eden Prairie transit station. Comm. Reinke indicated that it would be helpful for staff to research the transit report numbers and develop a break-down of actual Shakopee ridership. Ms. Bennett and Mr. Bilotta noted that staff will be looking into the break-down of the transit numbers and updating the reports accordingly. Other Business - Vice Chair Morke raised the issue of broadcasting the CDC meetings on cable in order for the citizens of Shakopee to watch and learn about the CDC's activities. Comms. Albinson, Amundson and Miller stated that they felt broadcasting the meetings would hamper the unstructured discussion of the CDC thereby making the group less effective as an advisory board. The next regular meeting of the CDC was corrected from November 22, 1995, as indicated on the agenda, to Wednesday, November 15, 1995. X. Adjournment- Comms. Miller/Amundson moved to adjourn at 7:02 p.m. 4- 13 Monthly Project Report - Submitted by Barry Stock November 3, 1995 Project Start Complete Status Comments 1. Perform Employee 11/1 12/1 50% Rec. Dept. Evaluations Complete 2 . City Residents Guide 12/15 12/1 40% (Nicole) 3 . Complete Contract Negotiations Sergeants 11/9 ? 0% 4 . 5 Yr. Bdlg. Maint. Plan 7/10 12/30 20% 5. Community Center Process 1993 1995 Bldg. Issues 80% Staffing Plan (Fill FT Positions) 80% Staffing (PT) 10% Arena Scheduling 90% Equip. Needs/Purchases 70% User Fee Policies 95% Facility Schedule 75% Family Net Office Agreement 90% Vending Proposal Contracts 100% Arena Ad Sales 50% Concession Stand Agreement 90% Smoke Free Bldg. & Grounds Pollicy 90% ISD 720 Facility Use Agreement 85% Ice Time Rental and Schedule 95% Bldg. Operation Proposals 100% Furnishing/Fixture Assistance Proposals 100% 6. Blocks 3 and 4 Rehab Proposal - Old City Hall 80% Create TIF Redevelopment District 90% 7. City Newsletter 8/4 8/18 100% Issue #2 10/1 10/25 100% Issue #3 8. Neighborhood Meeting 1/17 ? 25% Concept 9. Admin. Policy RE: Common 12/21 4/15 10% Sewer/Water Line for Condo Units 10. Fire Station Siting 11/1 ? 5% 11. CAP/Hi-Rise Cleaning Agree. 6/1 7/15 100% 12 . Bldg. Cleaning RFP's 8/8 9/15 90% 11-/ Date: 11/3/95 To: MAYOR AND MEMBERS OF THE SHAKOPEE CITY COUNCIL From: Mark Erickson Subject: Harassment Restraining Order Recently Doug Bell filed a motion for a new trial. He is claiming that (1) there was no harassment based on the evidence and the law; and, (2) the order is contrary to the law because it prevents Mr. Bell from having contact with persons who are not named as petitioners, who did not testify, and whose identities are not known. The Court is unlikely to order a new trial. Mr. Bell may be raising the issue to lay the groundwork for possible appeal. On the other hand, I have heard that apparently Mr. Bell is afraid he will violate the Order by accidentally meeting a city employee that he is not aware is a city employee. The Court's Order is not clear in every respect. For instance, it refers to "city officials" even though Councilmember Beard is not listed in the Petition. The Petition also does not list every City Hall employee; however, I would interpret the Order to mean "knowingly contacting" a city employee. The Court probably will choose to amend its Order, and a clarification might satisfy Mr. Bell's concerns. Hopefully this would convince Mr. Bell to not litigate this further. If it is appealed, I think our chances are fairly good. The Court took considerable testimony and has a strong basis for its conclusion that Mr. Bell harassed the City. The Court also took great pains to balance the City's right to protection with Mr. Bell's First Amendment rights. If you have any questions about this, please contact me or Karen Marty. [Bellmem2.doc b Berkley Risk Services, Inc. November 3 , 1995 Dennis Kraft, City Administrator 129 Holmes Street South Shakopee, MN 55379-1376 RE: BRS Claim No. : 11011361 Trust Member City of Shakopee Claimant S. M. Hentges & Sons, Inc. Dear Mr. Kraft: On behalf of the League of Minnesota Cities Insurance Trust (LMCIT) , this letter will formally acknowledge receipt of the lawsuit filed in Scott County District Court entitled "S. M. Hentges & Sons, Inc. , Plaintiffs, vs. City of Shakopee, Defendant" . Please be advised that at this time, on behalf of the LMCIT, we are hereby writing to provide to you a disclaimer of coverage and to advise you the LMCIT will not defend nor indemnify your city in this matter. This disclaimer is being written pursuant to covenant number CMC15546, effective June 30, 1995, to June 30, 1996. In general terms, plaintiff alleges that the city owes them money for work performed under the terms of a contract. Basically, plaintiff is alleging a breach of contract. I refer you to Coverage A. Municipal Liability Coverage (Claims Made Basis) which states, in part: 1. COVERAGE AGREEMENT a. Except as otherwise provided in this agreement, LMCIT will pay on behalf of the "covered party" all sums which the "covered party" shall become legally obligated to pay as damages as a result of an occurrence, if the following conditions are met: 920 Second Avenue South,Suite 700 •Minneapolis,Minnesota 55402-4023 • (612)376-4200 • Fax(612)376-4299 A Member of Berkley Risk Management Services Group Dennis Kraft, City Administrator BRS Claim No. : 11011361 November 3 , 1995 There are some exclusions to the coverage. Exclusion 3 .t. states that this coverage does not apply to: t. Amounts due under the terms of any contractual obligation, except for any employment contract between the "city" and its employees. Accordingly, it is the position of the LMCIT that the events claimed or relief sought are specifically excluded and therefore coverage does not apply. Once again, the LMCIT will not defend nor indemnify your city in this matter. We would suggest that your city attorney take those steps necessary to protect the interest of the city. In addition to the above-mentioned coverage issues which I have cited, there could be further coverage defenses or exclusions that may be applicable. I reserve the rights of the LMCIT to raise such further coverage defenses or exclusions as are applicable. In the event that there are additional pleadings served upon you in conjunction with this case, please forward those items to us immediately. If you have any questions, feel free to contact me. Very truly yours, BERKLEY RISK SERVICES, INC. iti( � . 'lark Rossow Senior Claims Supervisor MR/lvh cc: Karen Marty, City Attorney 129 East First Avenue Shakopee, MN 55379 2 TENTATIVE AGENDA ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, MINNESOTA Regular Session November 8, 1995 1. Roll Call at 7:00 P.M. 2. Approval of the October 3, 1995 minutes 3. Request to Utilize EDA Property - Tabled from 10/3/95 q P rtY 4. Blocks 3 &4 -Building Analysis 5. Rehab Grant Request- Randy Laurent- 128 S. Fuller St. 6. EDA Bill List 7. Other Business a) b) 8. Adjourn Dennis R. Kraft Executive Director OFFICIAL PROCEEDINGS OF THE ECONOMIC DEVELOPMENT AUTHORITY REGULAR SESSION SHAKOPEE, MINNESOTA OCTOBER 3, 1995 President Beard called the meeting to order at 7:04 P.M. with Comm. Brekke, Laurent, Sweeney, Lynch, Morke, and VanHorn present. Also present: Dennis R. Kraft, City Administrator; Karen Marty, City Attorney; Barry Stock, Assistant City Administrator; Judith S. Cox, City Clerk; Bruce Loney, Public Works Director/City Engineer; Paul Bilotta, Planning Director; and Gregg Voxland, Finance Director. Items added to the Agenda: 4a) Request to Utilize E.D.A. Property Brekke/Morke moved to approve the Minutes of September 5, 1995. Motion carried unanimously. Barry Stock stated that Bond Counsel has prepared a resolution for City Council which sets a hearing on establishing a Tax Increment Financing Plan for the new tax increment district and establishing Tax Increment District No. 10. He stated that it would be appropriate for the E.D.A. to request the City Council to schedule the Public Hearing on the establishment of the new Tax Increment Finance District. Morke/Lynch moved to change the language in the resolution, Section 1.02 to read, "proposes to acquire and restore the historic structures and/or clear the land". Brekke/Sweeney moved to amend the motion adding "economic or other factors". Comm. Sweeney stated that there are some areas in the resolution that have not addressed Public in-put relating to the potential relocation of some of the buildings and restorations, and whether to use funds available or to bond. Motion carried unanimously on the amendment. A discussion relating to perceived conflicts in the resolution ensued. Comm. Brekke inquired as to the rationale for setting up the district. He asked if the criteria as to whether or not a structure is worth restoring was in an economic setting, private sector commercial type setting, or as a public policy that will provide funds for restoration, and whether there is a distinction in the statute. Karen Marty stated that the only requirement is that 50% of the buildings be structurally substandard. The decision to renovate or clear the structure will be an E.D.A. decision based on the economics of what is there and the perceived value of the proposal. Motion carried unanimously on main motion as amended. Official Proceedings of the October 3, 1995 Shakopee Economic Development Authority Page -2- A discussion ensued as to whether the E.D.A. intends to front all the funds at this time. Barry Stock stated that the recommendation for establishing a new Tax Increment District was made by Bond Counsel. The resolution and the Financing Plan do not dictate the necessity to sell bonds. Comm. Morke stated that under No. 5 Development Program (of the Financing Plan) , a "J" relating to restoration and possible relocation must be added. Laurent/Brekke moved to request City Council to schedule a public hearing for the establishment of a new TIF District. A discussion regarding language ensued. Karen Marty stated that precise language must be posted for the public hearing and suggested not adopting a separate intent statement explaining that bonds are not expected to be utilized but are an option. Motion carried unanimously. Sweeney/Lynch moved to authorize the appropriate EDA officials to execute an agreement by and between the Shakopee EDA and Amoco Corporation for the completion of soil borings and the installation of a monitoringwell on the property located at the intersection of Scott St. and Levee Drive for an annual reimbursement rate of $1, 000 and a duration not to exceed three years. VanHorn/Sweeney moved to table this issue until the 1st meeting in November. Motion carried with Comm. Brekke dissenting. Having no other business to come before the Shakopee Economic Development Authority, President Beard adjourned the meeting at 7:40- P.M. to the 1st meeting in November. 173- °?(_- th S. Cox 1ISecretary Esther TenEyck Recording Secretary TABLED FROM Ont, 1 , 1995 elk% 3 MEMO TO: Dennis R. Kraft, EDA Executive Director FROM: Barry A. Stock, Assistant City Administrator RE: Request to Utilize EDA Property DATE: September 14. 1995 INTRODUCTION: The Shakopee EDA has received a request from Delta Environmental Consultants, Inc. (Delta) on behalf of Amoco Corporation requesting permission to utilize property owned by the Economic Development Authority for the purpose of installing a monitoring well. BACKGROUND: Cy's Amoco service station is located at the corner of Atwood St. and First Avenue. Environmental regulations adopted by the Pollution Control Agency have made it more difficult to operate service stations. New requirements call for the ongoing monitoring of ground water near surface station sites to insure that contamination is not occurring. Attached are several correspondences from Delta requesting permission to utilize the lot owned by the Economic Development Authority to complete a soil boring and install a monitoring well. In return for utilizing the property,I am suggesting that Amoco pay to the Shakopee Economic Development Authority $1,000 per year. The duration of the proposed agreement will not exceed three years. The amount of property to be occupied is relatively small and should not adversely impact any future sale. The terms of the agreement require Amoco Corp. to indemnify the Shakopee EDA for any and all claims which may arise out of or be connected with the soil boring and/or monitoring well. The Shakopee City Attorney will be reviewing the proposed Amoco access agreement (attachment#2)to insure that the EDA's interests are protected. The property in question has been for sale by the Economic Development Authority for a number of years. Development interest in the site has been minimal due to the extraordinary costs of extending utility services to the site. Additionally, the site is heavily laden in limestone. Staff is seeking authorization from the Economic Development Authority to proceed in executing an access agreement with Amoco Corporation for soil borings and the installation of a monitoring well on the EDA property. Shakopee Public Utilities does not oversee the installation of these types of wells and has no regulatory control over them. Approvals for the monitoring well will be handled by the MPCA and Mn Dept. of Health. ALTERNATIVES: 1. Authorize the appropriate EDA officials to execute an agreement by and between the Shakopee EDA and Amoco Corporation for the completion of soil borings and the installation of a monitoring well on the property located at the intersection of Scott St. and Levee Drive for an annual reimbursement rate of$1,000 and a duration not to exceed three years. 2. Do not authorize the utilization of the EDA property for soil borings and monitoring well. 3. Approve the use of the site for soil borings and a monitoring well as requested by Amoco at some other lease rate. STAFF RECOMMENDATION: Staff recommends alternative#1. ACTION REQUESTED: Authorize the appropriate EDA officials to execute an agreement by and between the Shakopee EDA and Amoco Corporation for the completion of soil borings and the installation of a monitoring well on the property located at the intersection of Scott St. and Levee Drive for an annual reimbursement rate of$1,000 and a duration not to exceed three years. Delta St P .I r, ,;»2 .= St. Paul. Mr,��� Environmental 612406-8:22 Consultants,lnc. FAX: 612 4 September 12, 1995 Mr. Barry Stock City of Shakopee 129 South Holmes Street Shakopee, MN 55379 Subject: Right-Of-Entry Request Cy's Amoco SS No. 5337 312 West First Street Shakopee, Minnesota Delta No. A091-155 Dear Mr. Stock: Delta Environmental Consultants, Inc. (Delta), on behalf of Amoco Corporation (Amoco) is requesting permission to advance one soil boring and complete the soil boring as a monitoring well on-site at the property owned by the City of Shakopee Housing and Redevelopment Authority(HRA) at the southeast corner of the intersection of Scott and Levee Streets in Shakopee, Minnesota. Enclosed you will find the right-of-entry agreement and a site map showing the proposed location. If acceptable, please sign the enclosed right-of-entry agreement and return to Delta. Please call me if you have any questions or comments about the enclosed material at(612) 486-5771. Amoco appreciates your cooperation in this matter. Sincerely, DELTA ENVIRONMENTAL CONSU/ / • S, INC. Mega /. Tewinkel Project Manager MGT/bjc cc: Mr. Jim Kovach - Amoco Corporation Enclosure Providing a Coy-_et the Edge EXB1BIT I-F AMOCO ACCESS AGREEMENT I, , do hereby authorize Amoco Corporation their consulting firm, and property owner their subcontractors to enter the property located at the southeast corner of the intersection of Scott and Levee Streets in Shakopee, Minnesota for the purpose of performing environmental and engineering explorations to include one of, or a combination of, the following categories of work: 1. Installation of one groundwater well. 2. Performing groundwater one inflow tests on well. 3. Obtaining groundwater samples from well. 4. Maintenance and/or checking groundwater levels in well approximately one time per month. This access agreement permits the installation of a monitoring well(s). It is agreed that Amoco Corporation is the"well owner"of well # 563379 and,as required under Minnesota Statutes,Chapter 1031.205,will be responsible for obtaining maintenance permits and for sealing the well. If wells are installed on the property, the well will be abandoned and the ground/parking lot surface will be restored to the condition encountered before the installation of the well. Amoco Corporation will repair any damage that may occur as a result of activities by Amoco Corporation and Amoco Corporation will indemnify and hold the property owner harmless from any and all claims and causes of action which may arise out of, or in any way, be connected with Amoco Corporation actions on this property. Well access will be needed for a time period not likely to exceed two to three years after well installation is completed. The property owner will be notified at least 48 hours in advance of any planned activities on the property. At any time the property owner may contact Mr. James Kovach of Amoco Corporation if there are any questions or concerns about work performed on the property. A contact name and phone number will be provided to the property owner at the time of initial contact by a Delta Environmental Consultants, Inc. employee. Agreed to and consented to: Amoco Corporation Representative Property Owner Signature Date Printed Name Date of Authorization Consultant Contact Person Mia.+ IeW;i- i.l.� Phone Number Lip: two- Delta3a5�;�^icrthwooas D ,vc ///� 6 d3' C i 55112 Environmental F"=1° � � Consultants,Inc. r X. oiz 86 September 13, 1995 Mr. Barry Stock City of Shakopee 129 South Holmes Street Shakopee, MN 55379 Subject: Right-Of-Entry Request Cy's Amoco SS No. 5337 312 West First Street Shakopee, Minnesota Delta No. A091-155 Dear Mr. Stock: Following is the additional information you requested regarding the above referenced site in our telephone conversation of September 12, 1995. • The investigation at Cy's Amoco is being conducted under the guidance of the Minnesota Pollution Control Agency (MPCA). The MPCA has requested that Amoco Corporation (Amoco) install a monitoring well downgradient (northwest) of Cy's Amoco. • Other locations (i.e. the alley)were evaluated but eliminated due to the presence of overhead electric lines. Private residences directly across the street from the Cy's Amoco in the downgradient direction were contacted but denied access to install a well on their property. • Prior to installation of the monitoring well, the necessary Minnesota Department of Health (MDH) well permit will be obtained. As stated in the right-of-entry agreement,Amoco will be responsible for paying the MDH yearly well maintenance fees and sealing the well according to MDH well code standards once the investigation is completed. Providing a Competitive Edge Mr. Barry Stock Delta No. A091-155 September 13, 1995 Page 2 Please call me at (612) 486-5771 if I can provide you with any additional information of if you have any questions or comments. Sincerely, DELTA ENVIRONMENTAL CONSULTANTS, INC. -12/, ,:-,-._--- s,--, li _ -----) L Megan G. Tewinkel Project Manager MGT/bjc cc: Mr. Jim Kovach - Amoco Corporation, Inc. I; C C e -4— Ec _ o r-- c z Q rr) Ne „ w — w �WU 0 o In J Z Z Z Z Q J O J J ~m m a oooY ZO WW ow 1S I- ~ z U z U o w o o M Q hd- Z C72 m Z V) zo 0 Z = flHli La a o NQ lii o 0 om w� rQ � = wow = w cn00000 = or z Z Z J 4J o,- 1-- z F- w 33 Z 0 w o O O o 0 o O N W O Z oo o N o zN Q Q Q > o ao m z o 0 0 0 0 ,n C.) (T m 5 1- D o z N 3 o a m cn c� o Z to (o co to to 0 W O� Q a a w 1- I I I I ® Z 1 N J O I O W . p 1.2o. Q 0 rn i -' ..._ Ll! • N i n 1 0 • i • LL ` nRs • 133211S 000M1V e o \ o li •0 • 0 0 I o: �? m L_ o co•‘ M N o�- o �LL1 1 N \ iD ���'•`'� a ta pwLLI w QIA N W \st !HIT41 -�N Q � N M� / m skt A .� m NN (0. MW N �• I. N; u `I r LL o • I Q i„,. pla m LJ v.i 1 o • Nt• 3 m AVM3NN0 1 N �,� w /4.4:/m 01 / b. VA 1 1 0 UJ liJ w w ='• -�J�/ NO — — '1 w ; NCC I m lkJ N to 1- W wr r- N w w M ix (n 1- J w w Q w W _J 1(j: 0 0 ta w 0 D Z �® w YZ Y Z ooh QW id NzQ a_a- 0 ( 0ZCY J w a2W w • 3 ,e,b rx re=p w 4,, I o- 13381S 1100S . 4 MEMO TO: Dennis R.StocKraft,Executive DirectorAdministrator Shakopee EDA FROM: Barry A. k, Assistant City RE: Blocks 3 &4 - Building Analysis DATE: October 25, 1995 INTRODUCTION: In order to evaluate the redevelopment possibilities for the properties located within Blocks 3 &4,the CDC is recommending that an engineering evaluation of a parcel be undertaken to determine approximate costs associated with relocation, demolition and/or relocation. BACKGROUND: Attached is a proposal from BKBM Engineers for an engineering evaluation on a particular building located within Blocks 3 &4. The building to be evaluated has not been determined. However, since the former City Hall building is presently owned,the CDC is recommending that this building be evaluated as our test case. Since the former City Hall building is in fairly good condition, it would likely be a best case scenario in terms of identifying approximate costs for renovation/relocation and/or rehabilitation. this would provide us with a benchmark in determining the feasibility of renovating, demolishing and/or relocating other structures located within Blocks 3 and 4. The scope of work outlined by BKBM would evaluate cost estimates for building relocation, demolition and rehabilitation. The total proposal cost for the services associated with one parcel is projected at a rate not to exceed$7200 plus reimbursable expenses. Staff believes that this is an excellent rate given the level of analysis. Additionally, BKBM has excellent qualifications and past experience. Projects which BKBM have participated in that the CDC may recognize include the demolition of the University of Minnesota Memorial Stadium,the relocation of the Brown Ryan Livery Stable,the renovation of the Nicollet Island Inn,the restoration of the Como Conservatory and the remodeling of the Minnetonka City Hall. The CDC is recommending to the EDA that BKBM Engineers be utilized to complete an engineering evaluation of the former City Hall building in Downtown Shakopee at a cost not to exceed$7200 plus reimbursable expenses. ALTERNATIVES: 1. Move that BKBM Engineers be selectednot to exceed$7200 plus rregmbursable rinevaluation of the former City Hall building at a cost expenses. 2. Seek additional proposals for the scope of services as outlined herein. 3. Table action pending further information from staff. 4. Do not perform an engineering evaluation which would take into consideration rehabilitation, demolition and/or building relocation. STAFF RECOMMENDATION: Staff recommends alternative#1. ACTION REQUESTED: Move that BKBM Engineers be selected to perform an engineering evaluation of the former City Hall building at a cost not to exceed $7200 plus reimbursable expenses. I PROFESSIONAL ENGINEERS 219 North Second Street II I1 Minneapolis, MN 55401-1460 (612) 333-7101 Fax: (612) 342-9482 October 5, 1995 Mr. Barry A. Stock Assistant City Administrator/ Community Services Director City of Shakopee 129 Holmes Street South Shakopee, MN 55379 RE: Proposal for Existing Building Study Dear Barry: BKBM Engineers is pleased to provide this proposal to you for the engineering evaluation of an existing downtown structure. We understand the City is interested in rough costs to move, or rehabilitate,or tear down a number of existing buildings in downtown Shakopee. After walking the potential sites and discussing the City's needs, we submit the following Scope of Work. SCOPE OF WORK 1. Select a representative building from the potential building list to study. 2. Evaluate the structural integrity of the building, by condition survey and document the deficiencies. 3. Prepare conceptual narrative plans for moving the building. 4. Prepare cost estimates for: A. Moving the building,including potential road damage and construction costs at a new site for the building. B. Demolition of the building as it sits. C. Rehabilitation of the building on site for commercial purposes. 5. Prepare a report to include cost estimates. 6. Present findings to City Council if requested. BAKKE KOPP BALLOU & McFARLIN, INC. An Equal Opportunity Employer BASIC SERVICES 1. At an hourly rate not to exceed $7,200. Please see attached rate schedule. ADDITIONAL SERVICES 1. For services not listed in the above scope, we will bill at our attached billing rate. REIMBURSABLE EXPENSES 1. Expense of transportation in connection with the Project. Mileage reimbursement for automobile travel shall be at a rate of$0.35 per mile. 2. Expense of reproductions and CADD plots, postage, handling and delivery of reports. COMPENSATION- REIMBURSABLE EXPENSES For Reimbursable Expenses, Client shall pay BKBM the amount expended by BKBM times a multiple of 1.15. MISCELLANEOUS 1. The following services and responsibilities are specifically excluded from this proposal: A. Discovery, testing, monitoring, clean-up or neutralization of pollutants and hazardous substances. B. Determination, advice or services related to the identification, existence, removal or containment of asbestos or lead based paint; modification, installation, abatement, or removal of a product, material or process containing asbestos or lead based paint. 2. A hidden condition may be concealed by existing finishes or may not be capable of investigation by reasonable visual observation. If BKBM has reason to believe that a hidden condition of concern may exist,BKBM will notify the Client who shall obtain authorization from Owner and pay for all costs associated with the investigation of such a condition and, if necessary, all costs necessary to correct said condition. If(1) the Owner fails to authorize such investigation or correction after due notification, or (2)BKBM has no reason to believe that such a condition exists,the Owner is responsible for all risks associated with this condition, and BKBM shall not be responsible for the condition nor any resulting damages to persons or property. If this proposal is acceptable, please notify us and BKBM will prepare a standard contract incorporating the proposed scope of work. This proposal will remain open for acceptance for a period of twelve months. Thank you for considering BKBM for this project. Please contact me if you have any questions. Sincerely, BAKKE KOPP BALLOU& McFARLIN, INC. Thomas J. Downs, P.E. Direct Line: 342-9447 Enclosure -Billing Rate Schedule Copy: Proposal File Psstock.TJD BAKKE KOPP BALLOU & MCFARLIN, INC. BILLING RATES-EFFECTIVE SEPTEMBER 30, 1995 Rates are subject to change without prior notification. Senior Engineer $120.00-$145.00 Engineer Level XII $95.00 Level XI $90.00 Level X $85.00 Level IX $75.00 Level VIII $70.00 Level VII $65.00 Level VI $60.00 Level V $55.00 Level IV $50.00 Level III $45.00 Level II $40.00 Level I $35.00 Senior Designer Level II $75.00 Level I $70.00 Designer Level VIII $65.00 Level VII $f0.00 Level VI $55.00 Level V $50.00 Level IV $45.00 Level III $40.00 Level II $35.00 Level I $30.00 Clerical $35.00 Accounting $45.00 MASTERMATRaos.Nm MEMO TO: Dennis Kraft,EDA Executive Director FROM: Nicole Bennett, Planner I MEETING DATE: November 8, 1995 RE: Rehab Grant Request-Randy Laurent, 128 South Fuller Street INTRODUCTION: A Rehabilitation Grant request has been submitted by Randy Laurent for the property located at 128 South Fuller Street. The property is located within the Central Business (B- 3) zone. DISCUSSION: Mr. Laurent is planning to remodel the building at 128 South Fuller Street with exterior improvements to include a new roof, awnings, window improvements and facade improvements using brick and stone (please refer to Exhibit A). The estimated cost for exterior improvements is $174,771.00. Please refer to Exhibit B for an itemized list of proposed improvement costs. Approximately $67,350.00 of these costs has been identified for proposed metal roofing. It is estimated that $10,350.00 of the proposed roofing cost is attributable to the roofing parapets. The Rehab Grant Program Eligible Expenditures section does not include roofing as an eligible cost for program funding. Approximately $38,321.00 of the total project cost has been allocated for proposed architecturally segmented window units. Rehab Grant Program guidelines state that windows are an eligible expenditure "when tied to opening previously covered windows or new windows that improve the energy efficiency and architecturally enhance the appearance of the building consistent with the theme of the restoration project." The proposed brick and stone work is in line with program guidelines. The applicant has indicated that Kasota stone would be used, which was the original exterior surface of the building and is historically indigenous to this area. The proposed awnings are also consistent with program guidelines. The following tables summarize project costs and corresponding grant amounts. ELIGIBLE COSTS Improvement Cost Grant Amount(25% of Cost) Brick and stone work $68,000.00 $17,000.00 Awnings $ 1,100.00 $ 275.00 POTENTIALLY ELIGIBLE COSTS Improvement Cost Grant Amount(25% of Cost) Roofing Parapets $10,350.00 $ 2,587.50 Window Improvements $38,321.00 $ 9,580.25 ALTERNATIVES: 1. Approve a Rehab Grant to Randy Laurent in the amount of $19,862.50 for brick and stone work, awnings, and roofing parapets. 2. Approve a Rehab Grant to Randy Laurent in the amount of $17,275.00 for brick and stone work, and awnings. 3. Approve a Rehab Grant to Randy Laurent for a different combination of improvements up to the program maximum of$25,000.00. 4. Deny the Rehab Grant to Randy Laurent. 5. Table action and request additional information from staff and/or the applicant. CDC RECOMMENDATION: At the October 18, 1995, meeting the Community Development Commission reviewed the Rehab Grant application and recommended Alternative#1. The CDC stated that it felt the proposed roofing parapets above the architectural windows are in keeping with the restoration theme of the Rehab Grant Program, but it felt the proposed window improvements were not eligible for assistance within the historical restoration theme of the program. ACTION REQUESTED: Move to approve a Rehab Grant to Randy Laurent in the amount of$19,862.50 for brick and stone work, awnings, and roofing parapets. EXHIBIT A G & R LAURENT PARTNERSHIP 128 South Fuller Street Shakopee, MN 55379 (612) 445-6745 October 10, 1995 Dear Mr. Stock; We are planning on doing a significant remodeling project to our building at 1st Avenue and Fuller Street. Enclosed please find a Rehab Grant Application relating to this project. I have also included a list of major exterior improvements we believe meet the program guidelines, copies of proposals and plans. We have not included in our costs miscellaneous items such as; exterior lighting, cast stone, architectural and engineering fees, and building permits. These items would value in the tens of thousands of dollars. Please let me know when and what meetings I should plan to attend. Randy R. Laurent, Partner EXHIBIT B Major Exterior Improvements Standard Seam Metal Roofing.: New Roof $ 22,350. Over Existing Roof 45,000. Awnings 1,100. Architectural Segmented Window Units 38,321. Brick and Stone Work 68.000. TOTAL $ 174.771. & UF 44."c=7 TO: Dennis R. Kraft, Executive Director FROM: Gregg Voxland, Finance Director SUBJ: EDA Bill List DATE: November 2, 1995 Introduction Attached is a listing of bills paid on behalf of and charged to the EDA since its formation. Staff has not found a way to produce a bill list for just the EDA comparable to what City Council gets. This is for out of pocket expenditures and does not show staff time charged to the EDA. That information is on the revenue and expenditure reports. Those reports and the bill list in the attached format will be sent to EDA monthly. 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CD 0 c x * i * N 0* 0 rr - [�7 * I O •• 0 * I * * `O (Dz c * *•® *t1 CO H n * N x 0 * ,•• H * w * 0 O HN xi * 0 * @ * 1-3 O * (eJ * I I-) N) HZH 5t7 * cN Cii\ *- * 'J• O H IP C) 7C LIJ * * IP * Z7.Iuii * . * K I-,C) C1uiC+7 S iv * H * Ce) * 0 W CZJ C) H` H 0 * n xi *-• * 3 H > 1-I * CI * IP * A) H 0 * (71 * * I * (PC * m u H H * * CJ * 0 H * * Cr * I * * 0 Cr r k I * * * (D * 0 * * � * •• * * IP 0 PO * * * rr 0 '� * * 01 '.Ci *H * * H * I * * £ H * H CJ * * ro * * m to * z * * * C) * * I * CI * * M * 1 O * * * I * * ild * 1 (] * * K• * 0 * * 0 t7' • * * * * * hIC+J * * * 00 * * * m to * * * N * * * O * * * * * * * * * (A * r y () m 'CS ri 0 VI H by N O O A H A) N V 1 1 II (D IV 0 1-1 rr •4• CI ro 't) A) O(4 M 0 H H SHAKOPEE MAT CLUB President : Rhonda Melcher 445-8559 Vice-President: Jeff Valiant 445-5478 Secretary: Greg Henning 445-7437 Treasurer: Nancy Luegge 445-2927 November 8, 1995 Mayor Gary Laurent/City Council Members: Shakopee City Hall Shakopee MN 55379 Re: Community Center Wrestling Room Donation Mayor Gary Laurent/City Council Members: The Shakopee Mat Club feels the current city governing board has done an excellent job in taking the needs of this growing community and the available T.I.F. dollars to develop a Community Center that will benefit many residents of the community. Although a few residents have opposed this new development, we (as an organization of youth sports) have supported the Community Center whole-heartedly. Shakopee has many great organizations which have also contributed to the community, (such as the Hockey Association, Basketball Association, Lions, Jaycees, Rotary, etc.) which are run by local residents who care about the community. They volunteer numerous hours and contribute greatly to the community in order to keep the taxpayer costs down. Without these organizations, Shakopee would spend considerably more money to run the local sports programs. We are very pleased that the City Council recognized the need for the wrestlers (as well as the hockey players)to have a place of their own to practice. The high school wrestlers, as well as the junior high and elementary wrestlers, have for years had to "roll out" and "roll up" the wrestling mats before and after every practice. This was very hard on the wrestling mats and greatly reduced their life span. The wrestlers also had to work around the other sports activities in order to have a place to practice. This was very difficult for the wrestlers, coaches, and parents. By developing the wrestling room, you have not only saved equipment costs and difficulties for those involved, you have also opened up valuable gym space for other activities such as volleyball and basketball. Page 2 of 2 November 8, 1995 Therefore, besides the time and talent spent by many local citizens who are members of the Shakopee Mat Club, we would like to do our part in contributing to the new Community Center wrestling room. In appreciation of the new wrestling facility, The Shakopee Mat club would like to donate approximately $18,000 worth of equipment to the City of Shakopee for the new Community Center. This donation will include all mats necessary to cover the floor surface and walls to make this room complete for wrestling. We are also considering future donations toward mat storage racks(for off- season storage) and other equipment necessary to enhance the Shakopee wrestling program at all levels. Again we feel a community the size of Shakopee, with the growth expected over the next several years, should be able to support the needs of the residents at all levels, including the youth who will hopefully continue to reside in Shakopee as adults and raise their families here. We also have many new,young families moving to Shakopee who will benefit from the Community Center for years to come. All of you need to be commended for your efforts in making this growing community a GREAT place to live. We hope it will continue that way in the future and that The Shakopee Mat Club can do their part to help. Respectfully yours, Rhonda J. Melcher President Shakopee Mat Club p ► OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL REGULAR SESSION SHAKOPEE, MINNESOTA OCTOBER 3, 1995 Mayor Laurent called the meeting to order at 7:02 P.M. with Cncl. Brekke, Beard, Sweeney, and Lynch present. Also present: Dennis R. Kraft, City Administrator; Karen Marty, City Attorney; Barry Stock, Assistant City Administrator; Judith S. Cox, City Clerk; Bruce Loney, Public Works Director/City Engineer; Paul Bilotta, Planning Director; and Gregg Voxland, Finance Director. Items added to the Agenda: 15a) Setting date for the next Committee of the Whole Meeting. Items deleted from the Agenda: 13e) Request to Utilize EDA Property. Beard/Lynch moved to approve the Agenda as modified. Motion carried unanimously. Mayor Laurent recessed the meeting at 7:04 P.M. for an Economic Development Authority Meeting. The meeting was re-convened at 7:40 P.M. Liaison reports were given by Councilmembers. Mayor Laurent gave the Mayor's report. Mayor Laurent asked if anyone present wished to speak on any item not on the agenda. Mark Pidde, 751 Shumway, Shakopee, approached the podium. Mr. Pidde stated that he had scheduled ice time for the new arena. Roughly 700 hours have been sold for an estimated income of $61, 000 over a three month period. A Pee Wee "A" and "B" Regional Tournament is scheduled for February 29th through March 3rd. There are approximately 30 hours for open skating over Christmas. Mr. Pidde stated that if the arena were to have opened September 1st another 500 hours could easily have been sold. Minnetonka, Eden Prairie and Eagan all originally-requested additional ice time. Items removed from the Consent Business: 13i) Fuel Leak. 13j) Funding of Senior Nutrition Space at 200 Levee Drive. Sweeney/Brekke moved to approve the Consent Business as modified. Motion carried unanimously. Sweeney/Brekke moved to approve the Minutes of September 5th and 15th, 1995. (Motion carried under Consent Business with Cncl.Lynch abstaining from voting on the Minutes of September 15th) . Official Proceedings of the October 3, 1995 Shakopee City Council Page -2- Sweeney/Brekke moved to authorize the use of the old City Hall building for the Senior All Night Party Decorating Committee with the understanding that the City may request that the premises be vacated upon issuing a 30 day notice to vacate. (Motion carried under Consent Business) . Barry Stock stated that Mark Hammerstrom, Director of Nortel Operations, was invited to explain the problem with the video signal. He has been working with Mark on this problem and stated that the picture quality has improved. There was an internal problem that has been corrected, the camera color has been adjusted, and a microphone will be replaced. Mark Hammerstrom, Director of Nortel Operations, approached the podium. He stated that the interference was caused by a local ham radio operator's signal which interferes with the frequency of the cable signal used to send the government access channel from City Hall back to the head facility. The problem will be corrected by changing the return frequency of the government channel. Because of the alley project between 1st and 2nd streets a temporary connection through the alley will be made. Once the cable is replaced a better determination of the overall picture quality of the government channel on the system can be made. Mayor Laurent opened the public hearing on the vacation of drainage and utility easements located along the north 295.02 feet of the west 10.00 feet of Lots 2 and 3, Block 1, Cretex Industrial Park 1st Addition. Paul Bilotta stated that the vacation is being made to correct an error in the legal description for a vacation that was approved in August 1994 . The request is for the vacation of two 10.00 foot wide drainage and utility easements located along the north 295.02 feet of the west 10. 00 feet of Lot 2 and Lot 3, Block 1, Cretex Industrial Park 1st Addition. Mayor Laurent asked if anyone present wished to address the Council on this issue. There was no response. Mayor Laurent closed the public hearing. Sweeney/Brekke offered Resolution No. 4303, A Resolution Of The City Of Shakopee Approving The Vacation Of Two 10.00 Foot Wide Drainage And Utility Easements Located Along The North 295.02 Feet Of The West 10.00 Feet Of Lot 2 and Lot 3, Block 1, Cretex Industrial Park 1st Addition, and moved its adoption. Motion carried unanimously. Official Proceedings of the October 3, 1995 Shakopee City Council Page -3- Paul Bilotta stated that on August 3, 1995 the Board of Adjustment and Appeals denied a request for a 2 . 5 foot variance to the 20 foot side yard setback requirement in the rural residential (RR) zone. He explained that the Board of Adjustment and Appeals must find a positive finding on a series of findings in order to grant the variance and that they felt they were unable to do so. The applicant has appealed this decision and has submitted a letter indicating what they believe to be errors and omissions of the Board's findings for Council review. Linda Burgher and Joseph Johnson, applicants, approached the podium and stated that they would like to be more specific at this time and provide additional background. Ms. Burgher stated that between 1978 and 1980 the setback was changed from 15 feet to 20 feet. She did not. know of the setback change until applying for a permit for the deck. The Board of Adjustment and Appeals suggested that this problem could be solved by placing the deck in another location. Ms. Burgher then indicated on a diagram the proposed location of the deck which would create an even line and would not appear as an add-on. Mr. Johnson explained that the header supporting the entire living room should not take a heavier load. Other possible locations would interfere with their septic tank, trees, a bay window, and would create a fourth roof valley. At the August 3rd meeting the variance request was for 2.5 feet. Mr. Johnson said that after recalculating, the request would be for 1. 5 feet as opposed to the 2.5 feet. Cncl.Brekke stated that it is difficult to approve a variance when the criteria that must be used is set by statute. Mayor Laurent explained that the role of the Council is to judge if the Board of Adjustment and Appeals (BOAA) adequately interpreted the criterion and then to make a determination if the BOAA correctly dealt with the criterion or override their determination. Cncl.Beard pointed out that if the Council overrides the BOAA decision that the Council must identify the errors and omissions made by the BOAA. Brekke/Beard moved to remove discussion of the Appeal of the Decision of the Board of Adjustment and Appeals regarding PC-724, Variance: 2 . 5 Foot Variance to the 20 Foot Side Yard Setback Requirement in the Rural Residential (RR) Zone from the table. Motion carried unanimously. Official Proceedings of the October 3, 1995 Shakopee City Council Page -4- Cncl. Sweeney stated that the circumstances that caused the request for a variance were caused by the change in the zoning ordinance and not by the land owner. A discussion relating to concerns in overturning decisions of the Board of Adjustment and Appeals ensued. Cncl. Beard stated that all eight issues must be unanimously proven in order to overturn the decision of the Board of Adjustment and Appeals. In response to a question as to her recommended action in order to overturn the Board of Adjustment and Appeal 's decision, Karen Marty stated that in order to grant the variance, the drafted Resolution No. CC-724 would need to be amended at this time and adopted as amended, or Council could make the findings and direct staff to prepare an amended resolution to bring back at the next meeting. A discussion relating to establishing a policy with regard to how the criterion are interpreted ensued. Beard/Sweeney moved to amend Resolution No. CC-724 by deleting the word "Upholding" and inserting "Overturning" in the title; and under the "Now, Therefore, " paragraph, deleting the word "upholds" and inserting "overturns", striking the word "denies" and inserting "approves", and striking the number "2 .5" and inserting"1.5" . Discussion regarding rationale for overturning the BOAA ensued. Karen Marty stated that if only the heading and conclusion of the Resolution are changed the document will be internally inconsistent. If Council finds that the Board of Adjustment and Appeals erred in a few of the provisions but are still unable to find a hardship or that all the criterion are fulfilled, the property does not qualify for a variance. It must meet all the criterion for a variance. Motion to amend Resolution CC-724 failed with Cncl. Beard in favor. Discussion continued. Brekke/Lynch moved to amend the last WHEREAS on Page 2 of Resolution CC-724, substituting "found no substantial errors or omissions with respect to Criteria 1.A. " City Council discussion was that all other parts of the resolution would stay the same. Motion carried unanimously. Official Proceedings of the October 3 , 1995 Shakopee City Council Page -5- Beard/Brekke offered Resolution No. CC-724, A Resolution Of The City Of Shakopee, Minnesota, Upholding The Decision Of The Board Of Adjustment And Appeals To Deny A Request For A Variance To Section 11.24, Subd. S.C. , as amended, and moved its adoption. Motion carried with Cncl. Lynch and Beard opposed. Sweeney/Beard moved to direct staff to look at the implications of adjusting side yard setbacks in the rural residential zone and to bring the findings back to Council. Motion carried unanimously. Sweeney/Brekke moved to accept the withdrawal of the application for Preliminary Plat approval for Hauer's 5th Addition. (Motion carried under Consent Business) . Dave MacGillivray of Springsted, approached the podium. He asked for consideration of Resolution No. 4306, authorizing issuance of $3, 180.000 General Obligation Improvement Bonds, Series 1995A; and Resolution No. 4307, authorizing issuance of $3 , 150.000 General Obligation Storm Water Revenue Bonds, Series 1995B. Mr. MacGillivray stated that the best bid for General Obligation Improvement Bonds was submitted by Norwest Investment Services with a true interest rate of 4.7357Bonds ewasowsubmitted est bid fby Norwest General Obligation Storm Water Revenue Investment Services with a interest rate of 4 .8027%. Mr. MacGillivray stated that Moody's had three general observations reaffirming the City's bond rating: 1. Rapidly growing tax base with a sizable commercial sector. 2 . Satisfactory financial operation. 3 . Declining debt ratios. He explained that there are new items to the bond sale process: "Global Book Entry" which does not require printing of bonds and saves the City money, and "Continuing Disclosure" a new unfunded mandate as of July 3rd requires that information relating to material events must be made known to national depositories. If not complied with, bonds will not be bid on in the future. Sweeney/Lynch offered Resolution No. 4306, A Resolution Authorizing Issuance, Awarding Sale, Prescribing The Form And Details And Providing For The Payment Of $3, 180. 000 General Obligation Improvement Bonds, Series 1995A, to Norwest Investment Services, and moved its adoption. Motion carried unanimously. Official Proceedings of the October 3, 1995 Shakopee City Council Page -6- Beard/Brekke offered Resolution No. 4307, A Resolution Authorizing Issuance, Awarding Sale, Prescribing The Form And Details And Providing For The Payment Of $1, 150, 000 General Obligation Storm Water Revenue Bonds, Series 1995B, to Norwest Investment Services, and moved its adoption. Motion carried unanimously. Sweeney/Brekke moved to authorize proper City officials to execute a farm lease with Gene Hauer for 1996 under the same terms as 1995. (Motion carried under Consent Business) . Sweeney/Brekke moved to authorize the appropriate City officials to utilize DeKan Athletic and Splieth Anderson to supply the gymnastics equipment needs for the Shakopee Civic Center facility at a combined total cost not to exceed $19,405. (Motion carried under Consent Business) . Bruce Loney stated that Mark & Janice Esch have asked for a recalculation of their stormwater drainage fee. He explained that the policy that was adopted on December 2, 1994, for the billing conversion to Shakopee Public Utilities and the ordinance adopted on August 8, 1985 are in conflict with each other in regard to duplex parcels. Mr. Loney stated that he believed an error was made during the billing conversion and that the billing factor should be changed for a duplex to bill each unit at 1/2 of the single family. He asked that Council clarify whether to bill duplexes as per the ordinance or as per the adopted billing policy of last year. Another question for Council is whether to make adjustments of the storm water drainage fees retroactive to a certain date. Mr. Loney stated that the ordinance does not require adjustments to be retroactive. Brekke/Lynch moved to direct staff to bill the stormwater drainage fee for duplexes as per the ordinance; that the adjustment of stormwater drainage fees will not be retroactive; and to direct staff to revise the billings for apartment units based on the parcel's acreage and land use density as per the ordinance. Motion carried unanimously. Bruce Loney stated that Cross of Peace Church feels that their stormwater drainage bill is too high for their property and is requesting relief from the City Council. The Cross of Peace Church's parcel is approximately seven acres and the fee is $664. 00 per year based on that acreage and the Residential Equivalent Factor (REF) for commercial low density usage. Institutional property was bracketed in with commercial and industrial parcels in the ordinance. Official Proceedings of the October 3, 1995 Shakopee City Council Page -7- A discussion relating to potential credits available to the Cross of Peace Church ensued. It was recommended that Cross of Peace Church be informed of the land use intensity credits for possible adjustments of their stormwater drainage fees as per the existing policy. Beard/Sweeney moved to direct staff to respond to the letter from Cross of Peace Church and inform them of the storm drainage credits that are available per City Policy for adjustment of storm drainage fees. Motion carried unanimously. Mayor Laurent recessed for a break at 9:35 P.M. The meeting re-convened at 9:50 P.M. Barry Stock stated that opt-out communities have met to discuss possible strategies to respond to legislative attempts that may jeopardize the transit service. In order to maintain the transit funding the opt-out communities have suggested forming a suburban transit association. A joint and cooperative agreement has been prepared for this association and the cost to participate is based on the communities population and is $0.20 per capita. Mr. Stock recommended that the City Council authorize the execution of the Suburban Transit Association Joint and Cooperative Agreement and the allocation of up to $3, 000 from the contingency appropriation account to cover the dues associated with participation. Sweeney/Brekke moved to authorize the appropriate City officials to execute the Suburban Transit Association Joint and Cooperative Agreement. Motion carried with Cncl. Sweeney dissenting. Beard/Brekke moved that funding for participation in the Suburban Transit Association be allocated from the Contingency Appropriation Account in an amount not to exceed $3,000. Motion carried with Cncl. Sweeney dissenting. Sweeney/Brekke moved to approve Bills in the Amount of $189,789.97. (Motion carried under Consent Business) . Brekke/Beard move to authorize proceeding with installing monitoring wells 5 and 6 for the fuel leak at the Public Works facility with cumulative costs for the project authorized up to $36,000. Motion carried unanimously. A discussion relating to whether it is appropriate to use residential rates for leasing space at 200 Levee Drive for the senior nutrition program ensued. V Official Proceedings of the October 3, 1995 Shakopee City Council Page -8- Brekke/Lynch moved to direct the staff to enter into the agreement with 200 Levee Drive Associates in the amount of $11,480.70 for calendar year 1996, and further move that the staff be directed to prepare a five year contract for rental of this space between the City of Shakopee and 200 Levee Drive Associates for the time period 1996 through 2001. Motion carried unanimously. Sweeney/Brekke offered Resolution No. 4299, A Resolution Changing The November 7, 1995 Council Meeting Date, and moved its adoption. (Motion carried under Consent Business) . Sweeney/Brekke offered Resolution No. 4300, A Resolution Appointing Judges Of Election, And Establishing Compensation. (Motion carried under Consent Business) . Sweeney/Brekke offered Resolution No. 4308, A Resolution Relating to Minnesota River Valley Redevelopment Project No. 1; Calling A Public Hearing On The Establishment Of Tax Increment Financing District No. 10 and the Adoption of A Tax Increment Financing Plan Therefor, and moved its adoption. (Motion carried under Consent Business) . Sweeney/Lynch offered Resolution No. 4304, A Resolution Accepting Bids on the St. Francis Regional Medical Center Sanitary Sewer and Watermain Improvements, Project No. 1995-2, and moved its adoption. Cncl.Sweeney noted that it is approximately $35,000 below the engineer's feasibility report. Motion carried unanimously. Brekke/Lynch moved to authorize a contingency equal to 10% of the contract price for use by the City Engineer in approving change . orders and quantity changes (Project No. 1995-2) . Motion carried unanimously. Sweeney/Beard offered Resolution No. 4305, A Resolution Accepting Bids On The River District Trunk Sewer Rehabilitation, Project No. 1995-9, and moved its adoption. Cncl.Sweeney noted that the is approximately $29, 000 below the engineer's estimate. Motion carried unanimously. Beard/Brekke moved to authorize a contingency equal to 20% of the contract price for use by the City Engineer in approving change orders and quantity changes (Project 1995-9) . Motion carried unanimously. Sweeney/Brekke offered Resolution No. 4309, A Resolution Apportioning Assessments Among New Parcels Created As A Result Of The Platting Of The Meadows West 2nd Addition, and moved its adoption. (Motion carried under Consent Business) . Official Proceedings of the October 3, 1995 Shakopee City Council Page -9- The next Committee Of The Whole meeting was scheduled for October 24, 1995 at 5: 00 P.M. to discuss The Livable Communities Program, location of the second fire station, and enterprise funds and service rates, including storm management fees for 1996. Having no other business to come before the Shakopee City Council, Mayor Laurent recessed the meeting at 10:09 P.M. for an Executive Session to discuss labor negotiations and matters covered under attorney-client privilege. Mayor Laurent re-convened the meeting at 10:40 P.M. and stated that no action was taken during the executive session. Sweeney/Lynch moved to direct the City Administrator to accept the position of Chair of the Indian Sovereignty and Trust Issues Task Force of the League of Minnesota Cities, recognizing that this will place substantial demands upon his time. Motion carried unanimously. Mayor Laurent adjourned the meeting to Tuesday, October 17, 1995 at 7:00 P.M. The meeting adjourned at 10:43 P.M. C /:1'101 . ith S. Cox City Clerk Esther TenEyck Recording Secretary r � OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL ADJ. REG. SESSION SHAKOPEE, MINNESOTA OCTOBER 17, 1995 Mayor Laurent called the meeting to order at 7:00 P.M. with Cncl. Brekke, Beard, Sweeney, and Lynch present. Also present: Dennis R. Kraft, City Administrator; Barry Stock, Assistant City Administrator; Karen Marty, City Attorney; Judith S. Cox, City Clerk; Paul Bilotta, Planning Director; and Bruce Loney, Public Works Director/City Engineer. Items added to the Agenda: 15) Labor negotiations. Sweeney/Lynch moved to approve the Agenda as modified. Motion carried unanimously. Liaison Reports were given by Councilmembers. Mayor Laurent gave the Mayor's Report. Mayor Laurent asked if anyone present wished to speak on any item not on the Agenda. There was no response. Items added to Consent Business: lld) Amendment to Prairie Bend Planned Unit Development. lle) Rezoning 22.73 Acres Fast of Valleyfair from Highway Business to Major Recreation. 120 Hiring of Recreation Superintendent. Beard/Sweeney moved to approve the Consent Business as modified. Motion carried unanimously. Beard/Sweeney moved to approve the Minutes of September 19, 1995. (Motion carried under Consent Business). The public hearing on the request to vacate drainage and utility easements for Lots 1 through 6, Block 3, Prairie Bend 1st Addition was opened by Mayor Laurent. Paul Bilotta stated that the vacation request was made in order to remove easements and replat the six lots into one lot. Mayor Laurent asked if there was anyone in the audience who wished to speak on the proposed vacation. There was no response. Mayor Laurent closed the public hearing. Lynch/Brekke offered Resolution No. 4321, A Resolution of the City of Shakopee Vacating Drainage And Utility Easements Located On Lots 1 Through 6, Block 3, Prairie Bend 1st Addition, and moved its adoption. Motion carried unanimously. Official Proceedings of the October 17, 1995 Shakopee City Council Page -2- Mayor Laurent opened the public hearing on the applications for a Currency Exchange License from American Pawnbrokers and Shakopee Check Cashing. Judy Cox stated that the applications for renewal of currency exchange licenses had been received and that the Deputy Chief of Police had advised her that there was no reason to deny the licenses to these applicants. Mayor asked if there were any comments from members of the audience. There was no response. Mayor Laurent closed the public hearing. Beard/Brekke offered Resolution No. 4311, A Resolution Of The City Of Shakopee, Minnesota, Approving The Application Of American Pawnbrokers, Inc. For A Currency Exchange License at 450 West First Avenue, and moved its adoption. Motion carried unanimously. Beard/Brekke offered Resolution No. 4312, A Resolution Of The City Of Shakopee, Minnesota, Approving The Application Of Shakopee Check Cashing For A Currency Exchange License At 1147 Canterbury Road, and moved its adoption. Motion carried unanimously. Dennis Kraft explained that the Centres Group Ltd. is proposing to construct a 36 acre shopping center on the property adjacent to the Shakopee Town Square with an estimated value of $22,500,000.00. The developer is looking for approval from the City Council to move forward. The land is currently under multiple ownership's and the developer is requesting the City assemble the parcels to be sold to Centres Group and later annexed into the City, to include within the MUSA line, and to rezone certain portions of the property. The developer would like to enter into an agreement with the City Council which would allow them the exclusive right to develop this parcel, and is not requesting any subsidy from the City and will pay any costs incurred by the City on this project. Kaare Birkeland, Partner Centres Group, approached the podium and stated he has been investigating the potential of building this retail center in Shakopee. Important factors that were looked at were that the property is adjacent to existing retail in the area, proximity to the new bypass, and a prior relationship with Carlson Companies. An unnamed tenant of approximately 75,000 square feet has already expressed an interest. His biggest concern in going public is the involvement in a project like this with contractual obligations to the land or being in the position to know they are the developer and can move forward. Official Proceedings of the October 17, 1995 Shakopee City Council Page -3- Mr. Birkeland discussed various shopping centers Centres Group has developed and stated he would make financial information available to the City Council which shows Centres Group is capable of a project such as this. He provided a map showing the site plan and building layout of the project. Ron Krank, Architect, approached the podium and reviewed the site plan, listing criteria given by the client. The client wanted the property well laid out, both parcels tied together, Vierling Drive to tie into the signalized intersection, the parking lot reworked to minimize large expenses, and the design concept would be used on the adjacent property as it might be upgraded in the future. The design plan included large format retailers, a two-story hotel with a separate restaurant, a fast food restaurant, and sidewalk connections to the existing site from the housing development nearby. Two large ponds would be used as an overview to the property and monument signs would be used to identify retailers. Mr. Birkeland stated he would like to begin the project by the end of 1996 with a delivery date on the project in 1997. A preliminary letter of understanding has been developed and he would like to bring that to Council for review. There was some discussion as to the economic benefits and Mr. Birkeland stated he would provide a break down between the number of full time and part time jobs this would create. Sweeney/Brekke moved to direct staff to work with the developer on the formulation of a letter of agreement for the development of the property adjacent to Shakopee Town Square for Council consideration. After discussion it was agreed to include protection clauses to include a sunset provision and that the land not be held for speculative purposes. Motion carried unanimously. Paul Bilotta explained the Board of Adjustment and Appeals decision to approve the renewal of the Conditional Use Permit and eight Amendments for Fischer Aggregates is being appealed by Beverly Koehnen. Beverly Koehnen, 2036 Canterbury Road, approached the podium and stated permit violations have gone unrecognized and unenforced. Her complaints are related to the hours of operation and the mining depths: Dave Czaja approached the podium and expressed concern for the protection of ground water resources. He stated the ground water table in this area can vary substantially depending upon the drawdown of Shiely mining operations and the present pump rate of 2.5 billion gallons a year. Official Proceedings of the October 17, 1995 Shakopee City Council Page -4- Ms. Koehnen discussed the soil textures and requested that ""loam"" texture soils be required in the berm for reclamation. Terrie Thurmer, Assistant City Planner, stated that prior to Fischer's ownership there was a depth violation but it did not involve the water table. Liza Robson, an owner of Fischer Aggregates, approached the podium and explained that Fischer has had ownership since August 1993. The land is owned by a 3-partnership entity and only one of the original owners has changed. There is a purchase agreement for the Rutt property, which is contingent upon getting approval to expand the Conditional Use Permit. Regarding the early hours of operation, she stated this was done without her approval and knowledge. The personnel involved have been reprimanded. There are computer tickets which show the operations beginning at 8:03 a.m. in relation to another complaint. Regarding the reclamation process, she stated they have never contaminated the soil. Kirsten Rojina, Registered Civil Engineer, Sunde Engineering, approached the podium. She spoke regarding an Environmental Assessment Worksheet, explaining the City felt a need for an update and selected Orr-Schelen-Mayeron for this in June 1994. A negative declaration was made in January 1995. She did not feel the ground water information from the Environmental Assessment Worksheet was in conflict. In relation to the elevation of 746.7 feet stated by the Metropolitan Waste Commission, Fischer has been using 750 to 760 feet for the water table which is higher than the Metropolitan Waste Control Commission (MWCC) elevation. Regarding the topsoil, Fischer is not proposing any type of soil amendment. They are respreading existing soil to establish vegetation once the mining is completed. Regarding excavation to the ground water table, she stated the previous owners had gone deeper than authorized by the Conditional Use Permit and explained that any water present in the pit at the time of testing was likely surface water as they did not dig deep enough to encounter ground water. Ken Rutt, 8C 1 Box 51, Boy River, owner of the 5 acre parcel involved for expansion, approached the podium and stated the D.N.R. has checked the water and reported it to be good. He explained that selling his property has been a long process but Fischer has a good end-usage plan. Shirley Rutt approached the podium and stated a lot of work has gone into the investigation and would like the Board of Adjustment and Appeals recommendation followed. Official Proceedings of the October 17, 1995 Shakopee City Council Page -5- Diane Greenwood, 1485 Tyrone Dr., approached the podium and spoke in support of Ms. Koehnen, stating the neighborhood has not been informed of changes throughout this process. She also expressed concern for the water table in relation to their well. Paul Bilotta explained the notification process, noting there is no formal notification for the appeal process. Merlin Jeseritz, 1446 Sharon Parkway, approached the podium and asked Fischer Aggregates to purchase his property. Ms. Koehnen requested Fischer's renewal permit be denied with no extension of hours. She questioned the water in the pond as to whether it is surface water. In response to the question of the surface water, Ms. Rowina stated the D.N.R. Water Appropriations Permit allows Fischer to pump up to 1000 gallons of water per minute for washing purposes. Karen Marty stated the appeal must be related to specific amendments and any decision must be related to those issues. Sweeney/Brekke moved to deny the amendment to the Fischer Aggregates' CUP to expand the hours of operation from 8:00 a.m. to 5:00 p.m., Monday through Friday, to 7:00 a.m. to 5:00 p.m., Monday through Friday because it is based on economic grounds and in the past this was not something that met the criteria for granting an adjustment. Cncl.Sweeney stated that changing the hours affects the neighborhood. He explained that this use is not a permitted use under the current zoning ordinance but that it is grandfathered in. Karen Marty explained the criteria for a variance is different than for a Conditional Use Permit Amendment. Motion carried with Mayor Laurent dissenting. There was some discussion regarding an extension in the number of years for the mining operation from 17 to 20 years. John Voss, Planning Consultant, approached the podium and stated the year 2015 is the outside time frame that would be needed. He feels the mining will be completed prior to that and 15 years would be acceptable. Official Proceedings of the October 17, 1995 Shakopee City Council Page -6- Brekke/Lynch moved to reduce the number of years for the mining operation granted by the Board of Adjustment and Appeals, from 20 to 17 years from October 17, 1995, because the applicant has suggested that they don't need the extra three years. Motion carried unanimously. Beard/Sweeney offered Appeal Resolution No. CC-713, A Resolution Upholding the Decision of the Board of Adjustment and Appeals to Approve Amendment No. 3 to the Mineral Extraction and Land Rehabilitation Permit and Conditional Use Permit No. 376, and Approving the Renewal of Mineral Extraction and Land Rehabilitation Permit and Conditional Use Permit No. 376 and Amendments 1 and 2, as amended, and moved its adoption. Motion carried with Cncl. Lynch dissenting. A recess was taken at 9:40 P.M. The meeting re-convened at 9:55 P.M. Mayor Laurent stated that Council may have inadvertently added time to the original Conditional Use Permit in the previous motion by stating the date from tonight. He said that Council may wish to reconsider the previous action for Fischer Aggregates and have staff check the dates and find out what the Board of Adjustments and Appeals actually did. Sweeney/Brekke moved to re-consider the previous motion. Motion carried with Cncl.Beard opposed. Sweeney/Beard moved to direct staff to investigate the action of the Board of Adjustment and Appeals relating to Fisher Aggregates. Motion carried unanimously. Beard/Sweeney offered Resolution No. 4320, A Resolution Of The City Of Shakopee, Minnesota, Approving The Final Plat For Canterbury Pointe, and moved its adoption. (Motion carried under Consent Business). Beard/Sweeney offered Ordinance No. 429, An Ordinance Of The City Of Shakopee, Minnesota, Amending City Code Chapter 11, Zoning, Sec. 11.44, Light Industry Zone (I-1), Subd. 3, Conditional Uses; Sec. 11.46, Heavy Industry Zone (1-2), Subd. 3, Conditional Uses; and by Amending Sec. 11.88, Conditional Use Permit Standards For Industry Zones, Subd. 2, Specific Standards For Industry Zones; by Adding One New Paragraph to Each Subdivision, and moved its adoption. (Motion carried under Consent Business). Beard/Sweeney offered Ordinance No. 428, 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 Prairie Bend From Urban Residential Zone (R-1B) And Multiple-Family Residential Official Proceedings of the October 17, 1995 Shakopee City Council Page -7- Beard/Sweeney offered Ordinance No. 431, An Ordinance Of The City Of Shakopee, Minnesota, Amending The Zoning Map Adopted In City Code Sec. 11.03 By Rezoning Land Between Valleyfair And The Blue Lake Treatment Plant, North Of Highway 101, From Highway Business (B-1) To Major Recreation (MR), and moved its approval. (Motion carried under Consent Business). Beard/Sweeney moved to remove the vacation of Spencer Street from the table. (Motion carried under Consent Business). Beard/Sweeney moved to table the vacation of Spencer Street north of TH-101 until the next City Council meeting following the date that the survey is submitted by Mr. Perry. (Motion carried under Consent Business). Beard/Sweeney moved to direct staff to prepare an amendment to City.Code Section 11.60, Subd. 8, to reduce the Landscaping Requirements. (Motion carried under Consent Business). Beard/Sweeney moved to approve Bills in the Amount of $3,186,690.97. (Motion carried under Consent Business). Beard/Sweeney offered Resolution No. 4322, A Resolution Approving Plans And Specifications And Ordering Advertisement For Bids For The Mill Pond Treatment Basin Project No, 1995-7, and moved its adoption. (Motion carried under Consent Business). Beard/Sweeney moved to authorize the appropriate City officials to hire David J. Rutt as a Maintenance Worker and to be hired at Step 1 of the 1995 Pay Plan with an effective date of October 30, 1995. (Motion carried under Consent Business). Beard/Sweeney moved to approve the appointment of Ronald Stellmaker to the position of Recreation Superintendent at Step 2 of the 1995 Pay Plan with an effective hiring date of November 6, 1995. (Motion carried under Consent Business). Cncl. Sweeney explained the sequence involved in the housing tax process. Comparing five different properties, he explained the changes in the tax capacity, city taxes, and percentage in changes from pay 1992 to pay 1996. Beard/Sweeney moved to award the Shakopee Civic Center Project Packages RFP #3, FEE "C", and FFE "P" to the contractors as noted in the summary provided by Greystone Construction dated October 13, 1995 and authorize the appropriate City officials to execute contracts and/or purchase orders accordingly. [RFP #3, Landscape & irrigation work to Tim's Lawn & Landscaping for $45,000; FFF "A", Office furniture to P.M. Johnson's Inc. (State contract pricing) not to exceed $8,830; and FFE "P" Copy machine to a firm to be determined (State contract pricing) not to exceed $6,000] (Motion carried under Consent Business). Official Proceedings of the October 17, 1995 Shakopee City Council Page -8- Beard/Sweeney offered Resolution No. 4310, A Resolution Of The City Of Shakopee, Minnesota, Approving Premises Permits For The Shakopee Valley Amateur Hockey Association, and moved its adoption. (Motion carried under Consent Business). Bruce Loney stated in order to perform the CIP street improvements for 1996 the feasibility report needs to be authorized at this time. Staff believes bidding earlier in the construction year can result in better bid prices than later in the year. Beard/Brekke offered Resolution No. 4314, A Resolution Ordering The Preparation Of A Report On An Improvement for The 1996 Reconstruction Project, and moved its adoption. Motion carried unanimously. Beard/Lynch offered Resolution No. 4315, A Resolution Ordering The Preparation Of A Report On An Improvement for Gorman Street, From 4th Avenue To Marschall Road, and moved its adoption. Motion carried unanimously. Beard/Sweeney moved to authorize the appropriate City officials to execute a consultant contract with Orr-Schelen-Mayeron & Assoc., Inc. for surveying services for the proposed 1996 Street Reconstruction Project and the Gorman Street Project in an amount not-to-exceed $14,250,00. There was some discussion regarding the use of other consultants for the surveying. Sweeney/Beard moved to amend the motion to read "with Orr-Schelen-Mayeron & Assoc., Inc. or other lower bidder as staff may determine". Motion carried unanimously. Motion carried unanimously on main motion as amended. Sweeney/Lynch moved to authorize staff to solicit quotes for soil investigation work for the proposed 1996 Street Reconstruction and Gorman Street Projects. Motion carried unanimously. Beard/Sweeney offered Resolution No. 4316, A Resolution Declaring The Cost To Be Assessed And Ordering The Preparation Of Proposed Assessments For The Alley in Block 51, Original Shakopee Plat Project No. 1994-14, and moved its adoption. (Motion carried under Consent Business). Sweeney/Brekke moved to defer the assessments for two years without interest for Mr. and Mrs. Rowan for the P &V Reconstruction, Project No. 1995-5. Motion failed unanimously. Brekke/Sweeney offered Resolution No. 4317, A Resolution Declaring The Cost To Be Assessed And Ordering The Preparation Of Proposed Assessments For The P & V Addition, Project No. 1995-5, and moved its adoption. Motion carried unanimously. Official Proceedings of the October 17, 1995 Shakopee City Council Page -9- Beard/Sweeney offered Resolution No. 4318, A Resolution Declaring The Cost To Be Assessed And Ordering The Preparation Of Proposed Assessments for The Downtown Streetscape- Phase II, Project No. 1993-12, and moved its adoption. (Motion carried under Consent Business). Beard/Sweeney offered Resolution No. 4319, A Resolution Declaring the Cost To Be Assessed And Ordering The Preparation Of Proposed Assessments for the Alley in block 48, Original Shakopee Plat, Project No. 1994-1, and moved its adoption. (Motion carried under Consent Business). Having no other business to come before the City Council the meeting, Mayor Laurent recessed the meeting at 10:57 P.M. for an executive session to discuss matters permitted under attorney-client privilege and labor negotiations. Mayor Laurent re-convened the meeting at 11:20 P.M. and stated that no action was taken during the executive session. Mayor Laurent adjourned the meeting at 11:20 P.M.gtIuza,J. 006 S. Cox Clerk Esther TenEyck Recording Secretary SCOTT COUNTY PUBLIC WORKS AND LANDS DIVISION HIGHWAY DEPARTMENT 600 COUNTRY TRAIL EAST JORDAN, MN 55352-9339 GARY L. CUNNINGHAM (612)496-8346 COUNTY ADMINISTRATOR Fax: (612)496-8365 BRAD LARSON ASSOCIATE ADMINISTRATOR November 7, 1995 Dennis Kraft, Administrator City of Shakopee 129 S. Holmes Street Shakopee, MN 55379 Re: Resolution No. 95123, TIF District 10 Dear Mr. Kraft: Enclosed please find a signed copy of Resolution 95123 for TIF District No. 10 within the City of Shakopee. The Resolution was passed by the Scott County Board of Commissioners on November 7, 1995. Please do not hesitate to contact us if you need additional information. Sincerely, 1oottronsii, Bradley J. Lars. , P.E. County Highway Engineer BJL/jkf enc. c: Barry Stock, City of Shakopee An Equal Opportunity/Safety Aware Employer • BOARD OF COUNTY COMMISSIONERS SCOTT COUNTY, MINNESOTA Date November 7 , 1995 Resolution No. 95123 Motion by Commissioner Bannerman Seconded by Commissioner Behm RESOLUTION 95123; COMMENTING ON PROPOSED CITY OF SHAKOPEE, MINNESOTA, TAX INCREMENT FINANCING DISTRICT NO. 10 WHEREAS, a proposed City of Shakopee Tax Increment Financing Plan for District 10 was filed with the Scott County Board of Commissioners on October 9, 1995, and WHEREAS, the Scott County Board of Commissioners has adopted Resolution No. 88116 establishing the Scott County Policy and Procedures regarding tax increment financing; and WHEREAS, the City of Shakopee has set November 8, 1995, as the date for the public hearing regarding the proposed plan, at which hearing comments or questions regarding the proposed plans will be received; and WHEREAS, on October 26, 1995, the Scott County Tax Increment Financing Review Team met with City of Shakopee representatives regarding the proposed plan, and WHEREAS, the City of Shakopee representatives addressed the issues contained in the Scott County TIF Policy and Procedures as well as the questions of the Scott County Tax Increment Financing Review Team, and WHEREAS, the assistance and cooperation of the City of Shakopee in expediting this TIF review allows the County Board to make comments available for a Shakopee City Council public hearing regarding the proposed plan. NOW THEREFORE BE IT RESOLVED, that upon the recommendation of the Scott County Tax Increment Financing Review Team, the Board of Commissioners, in and for the County of Scott, Minnesota, goes on record with the following comments regarding the proposal: 1. That the information presented by the City of Shakopee representatives at the meeting on October 26, 1995, addresses the issues contained in Scott County Resolution No. 88116. 2. The proposed redevelopment district will stimulate economic revitalization of the downtown area. 3. That the proposed purpose of TIF District 10 meets the test criteria for appropriate use of Tax Increment Financing. 4. That the City of Shakopee is encouraged to keep the duration of this project as short as possible so as to not extend beyond the schedule of costs to be recovered as noted in their proposed financing plan. BOARD OF COUNTY COMMISSIONERS • • SCOTT COUNTY, MINNESOTA Date November 7 , 1995 Resolution No. 95123 • Motion by Commissioner Bannerman Seconded by Commissioner Behm Page 2 of 2 5. That based upon the foregoing information, and presentation of the City of Shakopee, the proposed plan represents a demonstrably unique opportunity as required by Scott County Resolution No. 88116. BE IT FURTHER RESOLVED, the Scott County Board of Commissioners goes on record in support of the proposed plan. BE IT FINALLY RESOLVED, that the Associate County Administrator-Public Works is directed to forthwith convey this Resolution to the Shakopee City Council through its City Administrator for placement into the record of the public hearing pursuant to Mn. Statutes, Section 273.74, Subd. 2. YES NO Malz X Malz Behm X Behm Bannerman X Bannerman Underferth X Underferth Mackie AR4TATN Mackie State of Minnesota} County of Scott} I, Gary Cunningham, duly appointed, qualified, and 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 7th day of November , 1995 , now on file in my office, and have found the same to be true and correct copy thereof. 7th November 1995 Witness my hand and official seal at Shakopee, Minnesota, this day of , ri L /' �i ^� Linty Adminrifi'atar 3 By Administrator's Designee 01010-2004 JF-WPOOCSIRES195123 MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock,Assistant City Administrator RE: Public Hearing -Establishment of TIF District#10 and Adoption of Tax Increment Financing Plan-Resolution No. 4326 DATE: November 1, 1995 INTRODUCTION: A public hearing has been scheduled to receive comments on the proposed creation of a new Tax Increment Financing District and the adoption of a Tax Increment Financing Plan therefor. BACKGROUND: On October 3, 1995 the Shakopee EDA moved to recommend to City Council the approval of a Tax Increment Financing Plan for Tax Increment District#10. (Blocks 3 & 4, OSP) On the same date,the City Council approved Resolution No. 4308 calling for a public hearing on the establishment of the new redevelopment tax increment district and the adoption of the financing plan therefor. At the October 3rd meeting,the City Council approved several amendments to the proposed Tax Increment Financing Plan calling for the inclusion of additional language relating to the possible renovation of structures. Language was also added to provide for the possible issuance of bonds for this project. An amended draft of the resolution was included with the October 17th agenda packet as a non-agenda informational item. On October 26, 1995 the City Administrator and I met with County officials to review the proposed Tax Increment Financing Plan. The Scott County Board is expected to hear a report from County staff at their November 7, 1995 meeting. To date, no comments have been received from the Shakopee School District relative to this issue. Attached is Resolution No. 4326 which establishes Tax Increment Financing District #10 and approves a Tax Increment Financing Plan therefor. Upon hearing comments from the public, it would be appropriate to take action with respect to this issue. ALTERNATIVES: 1. Offer Resolution No. 4326, a Resolution Establishing Tax Increment Financing District#10 and Approving a Tax Increment Financing Plan Therefor and move its adoption. 2. Do not adopt Resolution No. 4326. 3. Suggest amendments to the Tax Increment Financing Plan and/or Resolution and approve Resolution No. 4326 as amended. 4. Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends alternative#1. ACTION REQUESTED: Offer Resolution No. 4326, a Resolution Establishing Tax Increment Financing District#10 and Approving a Tax Increment Financing Plan Therefor and move its adoption. Resolution No. Y326 RESOLUTION ESTABLISHING TAX INCREMENT FINANCING DISTRICT NO. 10 AND APPROVING A TAX INCREMENT FINANCING PLAN THEREFOR BE IT RESOLVED By the City Council of the City of Shakopee, Minnesota as follows: Section 1. Recitals. 1.01. Hearing Called. By its Resolution No.f.302 adopted October 3, 1995, the City called a public hearing on the proposed establishment of Tax Increment Financing District No. 10 (the "Financing District") in its Minnesota River Valley Redevelopment Project No. 1 (the "Redevelopment Project"), and the approval and adoption of a proposed Tax Increment Financing Plan therefor (the "Financing Plan"), pursuant to and in accordance with Minnesota Statutes, Sections 469.174 to 469.178, as amended (the "Tax Increment Financing Act"). 1.02. Financing Plan. The proposed Financing Plan has been on file in the office of the City Administrator and available for public inspection since October 3, 1995. 1.03. Conditions Precedent. The City has performed all actions required by the Tax Increment Financing Act to be performed prior to the establishment of the Financing District and the approval and adoption of the Financing Plan, including, but not limited to, notification of Scott County and Independent School District No. 720, and the holding of a public hearing upon published and mailed notice as required by law. Section 2. Council Findings. 2.01. Public Purpose. The Council hereby finds and determines that the establishment of the Financing District is intended, and the effect of establishing it will be, to provide the impetus for desirable development in the Financing District, the Redevelopment Project and the City, to increase employment and otherwise promote certain public purposes, and to accomplish certain objectives specified in the Redevelopment Plan for the Development District (the "Redevelopment Plan") and in the Financing Plan. 2.02. Findings and Supporting Facts. Minnesota Statutes, Section 469.175, Subdivision 3, requires in part that, at or before the time of approval of the Financing Plan, the City must make the following findings and set forth, in writing, the reasons and supporting facts for such findings. (1) Finding. The Financing District qualifies as a "redevelopment district" pursuant to Minnesota Statutes, Section 469.174, Subdivision 10, paragraph (a)(1), because parcels comprising over 70% of the area of the Financing District are occupied by buildings, streets, utilities or other improvements, and more than 50% of the buildings, not including out buildings, are "structurally substandard" to a degree requiring substantial renovation or clearance, as defined by Subdivision 10, paragraph (b). Supporting Facts. All of the parcels in the Financing District are occupied by buildings, streets, utilities or other improvements. More than 50% of the buildings are "structurally substandard" for the reasons specified in the Report of Building Official, Fulton Schleisman, dated September 25, 1995, which is on file in his office. The structurally substandard buildings are reasonably distributed throughout the Financing District. (2) Finding. The proposed development or redevelopment, in the opinion of the City, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future. Supporting Facts. The facts supporting this finding are: (a) the land in the Financing District is owned by a number of different persons or entities and cannot be redeveloped as a single development; (b) the cost of acquiring the land from its current owners and preparing it for redevelopment is very high; (c) the buildings on the land are mostly structurally substandard and the cost of renovation of the buildings for retail and commercial use is very high; (d) the renovation or demolition of the buildings on the land will require the elimination of certain environmental hazards; and (e) the land and buildings have been in their current condition for some time and no redevelopment proposals have been made. (3) Finding. The increased market value of the land in the Financing District that could reasonably be expected to occur without the use of tax increment projected to be derived from the proposed redevelopment would be less than (i) the increase in the market value expected to result from the proposed redevelopment minus (ii) the present value of the tax increments for the maximum duration of the Financing District permitted by the Financing Plan. Supporting Facts. The land in the Financing District is not expected to redevelop within the foreseeable future without the use of tax increment assistance for the reasons specified in paragraph (2), and therefore no increase in market value is expected to occur. With the use of tax increment financing as proposed in the Financing Plan, the land is expected to develop within three years and its market value is expected to increase from $811,600 to -2- $4,500,000. The present value of tax increments to be derived from the increase in market value of the land is $2,918,471. The tax increments and their present value are computed as shown in the attached Exhibit A. (4) Finding. The Financing Plan conforms to the general plan for the development or redevelopment of the City as a whole. Supporting Facts. The proposed development will result in the development of under-utilized land and the proposed development is compatible with planned land use and public facilities contemplated by the City's general plan for development as evidenced by the amendment to the City's Comprehensive Plan applicable to the area in the Financing District. (5) Finding. The Financing Plan will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development or redevelopment of the land in the Financing District by private enterprise. Supporting Facts. The proposed development of mixed retail and commercial uses in the Financing District will ensure a unified, efficient and desirable development of the Financing District, will encourage further compatible and desirable development in the surrounding area of the Redevelopment Project, and will result in an increase in value of taxable property in the City. Costs associated with a development of the magnitude proposed, which are set forth in the Financing Plan, necessitate assistance from the public sector. Tax increment financing is a key financial tool that the City has available to it to provide such assistance and ensure that this land is developed in a unified, efficient, and desirable manner. The level of tax increment assistance contemplated by the Financing Plan is reasonable in view of the economic benefits to be derived by the City and other taxing jurisdiction. Section 3. Establishment of Financing District and Approval of Financing Plan. The Financing District, as described in the Financing Plan, is hereby established as proposed, and the Financing Plan therefor, as proposed and on file in the office of the City Clerk, is hereby approved and adopted. Section 4. Filing. The City Clerk is authorized and directed to file a copy of the Financing Plan with the Commissioner of Revenue as required by the Tax Increment Financing Act. Section 5. Certification of Original Assessed Value. The City elects the method of tax increment computation set forth in Minnesota Statutes, Section 469.177, subdivision 3, clause (b), and the Auditor of Scott County is requested to certify the original net tax capacity of all property in the Financing District as most -3- recently equalized, and to certify in each year hereafter the amount by which the original net tax capacity has increased or decreased, all in accordance with the Tax Increment Financing Act. The City Administrator is authorized and directed to forthwith transmit this request to the County Auditor in such form and content as the Auditor may specify, together with a list of all properties within the Financing District for which building permits have been issued during the eighteen months immediately preceding the adoption of this resolution. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember and, upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. . Adoptedin _Reg lar Session of the City Count-ill of the City of ShakopPP, Minnesota held this Rth day of November,- 1995= Mayer ATTEST; City C1Prk Approved as to form , City Attorney. 4 Assumptions Report City of Shakopee, Minnesota Tax Increment Financing (Redevelopment) District No. 10 Downtown (Blocks 3&4) Redevelopment Project Type of Tax Increment Financing District Maximum Duration of T1F District Redevelopment 25 years from 1st increment Certification Date of TIF District Decertification Date of TIF District 11/15/95 12/01/2024 (25 Years of Increment) 1995/1996 Base Estimated Market Value(12 Parcels) Times:C/I Classification Rates $8 611 Op First$100,000 of EMV @ 3.00% Thereafter @ 4.60% $0 37,334 Original Net Tax Capacity $37,334 • ThenVCoIlonyear1 1996/1997 1997/1998 1998/.___ 1999 1999/2000 Base Estimated Market Value Base s ) (Demolition) $811,600 $811,600 $811,600 Increase in Estimated Market Value(2) 0 (593,600) ( 600 $811,600 0 0 ) (593,600) Total Estimated Market Value �— —'---�-- ----� 5782,000 $811,600 $218,000 $218,000 $6,000 0p0 Times:C/I Classification Rates First$100,000 of EMV @ 3.00% Thereafter @ 4.60% 0 0 0 37,334 10,028 0 Total Net Tax Capacity 10,028 276,000 $37,334 $10,028 $10,028 $276,000 Base Inflation Factor Local Tax Capacity Rate NA Fiscal Disparities Contribution From T1F District 143.742% (1994/1995) Administrative Retainage Percent(maximum= 10% 28 Pooling Pert ) 10.010.000% % City Tax Rate(Only if Local—Effort TIF) 0.00% Loan Start Date NA Loan Rate 11/15/95 6.50% LGA/HACA Loss: Will Annual Local Contribution Be Made(Yes or No)? I.S.D#720 Equalized Tax Capacity Rate Yes 38.53% (Average) I.S.D#720 Sales Ratio City of Shakopee Sales Ratio 80.30% (1993) City of Shakopee Taxable NTC NA (1993) Present Value Date NA Present Value Rate 11/15/95 5.00% (1) Assumes all buildings are demolished in 1996. (2) Assumes construction in 1998 of a 150,000 s . q ft facility(valued @$40/sq.ft including land). Prepared by:Springsted Incorporated(28—Sep-95) 0000 � ^ c.13 B 22222222222222222222222 " N ¢ NNNNNNNMMMM � � MMMco � CA OZ `" easeeeeeeeeaseeddem NNNNNNNNNNNNNN "' NNNO¢ C \° 69 / 00000i N Co E9 d ,E 00000 . . . . . . . . . . . . . . . . . . . Tr• _ iii .G R"• I � 1(j �� � � � NNNNNNNN T '� _1174s � .0 NNNNNNCVNCCVVNNNNNNe* efeteteietCVCVlAtA o N N N N N N N N N N I TM E9 O 0 10 0 0 0 0 T . r r eeeeeeeeeeddeeeeeedee � ` U . . . . . . . :21 53 a cp � ~ I O 0 0 0 0 N N N O 0 T T T N N N N N N N N N rte., «E ,4 -.-5 NNNNNNNNNTTTrr - - ^ NN _N _N _N _N _N o� d O 1 O Vs NNNNNQefer '7elef �V � M � �AtA !(j�j I 'O,� C C a O C N N N N N N N N N N N N N N N W et er er' O d O 0 NNNNN M E ' N2 m 2 tp 0. 0x �, � o o\° � � e o�000 * �e o �p N NN C a _ .0 I vvNvvN _ 4141 vvQ VNNNNNNNerefef er o �° 0 cc Y O s� 4 .. � ^ fin ^ h ^ ^ "� � NNRINN \ � W tA M ~fi~U M . . . . . el 05 6 ei el ed ei el el et er Q et eP et er M M M M M M M ^ Ii el el el of el pi ci li li 1/ coSo Y ^ T T T T T T T T T T T T T T T T T T T V o C Op 10 0 0 0 0 N N N N N N N N N aa- Of Of O (j Lm o C ` 0 �A 00AlOAtOA 0MMOOM00ONfpNM0)j NNNNNNNN a c � aZ Qv . . . . . . . . . . . . . . . . . . . . . . . . . ^o- ^ooro`'oma^00000000�c' �nin �n �nu� ,r� °� rn E U U T T T T T T T T T T T T T ^ ^ ^ ^ T T r EN �o �* I o0000vver .� efv Moi I� ht� t� l� l� ^ et V et etefet �7ef 0(000 000p0p 000000010000000p0000 0IOtO <OfOfOfO (O �OtMO (MO (Mp . . . fMD (O (0 (O <O <O �O .O . . .!Inv. . .. . ^ W a 0 IiiN Ti 16 wf7ttfeeetfffevoMNMM MMMMMM NWZ ° NO ^ NNKKKKKM ^^M00N00 M M 00 OD M M0M COM CO M M 0 CO0 M ROZV CeeteCDM8p88SpppOSp0pSpSpSSSpp888 IMMM00000 0000000000N N00 ^^ ^^edeeeeda MM 0N ^ NNNNNNN NNOg NNNNNN NNNNNNNN 0ZU 3gg a� � ^ D g7CD � ` 0fOf 888119 S" t3 � vMernror. aornRNco - CV 2.2 I N N, TrNN �N N N N_ NNNNNNNROROppR8k_ ^ - -\\ `Q. W — rT �g MMMMMMMMMTTgMTT - -V 0.TTTTT TT TTT TTTTT Market Value Anal sis Re•ort Tax Increment Financing Shakopee, Minnesota & 4developmentj District No. 10 Downtown (Blocks 3 Redevelopment Project Assum°h°ns Present Value Date P.V. Rate - Gross T.I. 11/15/955 15 00% P.V. Rate - Increase in EMV 5.00% 0.00% Increase in EMV With TIF District ($6,000,000 - $811,600) $5,188,400 P.V of Gross Tax Increment Subtotal (4--x'346) P.V. of Increase in EMV Without TIF $1,083,054 Total 0 $1,083,054 • Annual Increase in Gross Tax Present EMV Gross Tax Value @° Without TIF Present YearValue @ -�_ 5.00% District 1997 0 ------'- ---_ ______�/° 1998 0 0 19998 0 0 0 1 2000 0 0 0 245,212 217,387 0 0 2 2001 245,212 212,085 0 0 3 2002 245,212 0 0 4 2003 245,2122011 20 , 5 0 0 5 2004 0 0 ,8665 0 6 245,212 196,942 0 2005 245,212 192,138 7 2006 245,212 187,452 0 0 8 2007 245,212 182,880 0 0 9 2008 245,212 178,419 0 0 10 2009 245,212 174,068 0 0 11 2010 245,212 169,822 0 0 12 2011 245,212 165,680 0 0 13 2012 245,212 161,639 0 0 14 2013 245,212 157,697 0 0 15 2014 245,212 153,851 0 0 16 2015 245,212 150,098 0 0 17 2016 245,212 146,437 0 0 18 2017 245,212 142,866 0 0 19 2018 245,212 139,381 0 0 20 2019 245,212 135,981 0 0 21 2020 245,212 132,665 0 0 22 2021 245,212 129,429 0 0 23 2022 245,212 126,272 0 0 24 2023 245,212 123,192 0 0 25 2024 245,212 120,188 0 0 0 0 6,130,300 4,105,346 • Prepared by: SPRINGSTED Incorporated(28-Sep-95) TAX INCREMENT FINANCING PLAN TAX INCREMENT FINANCING DISTRICT NO. 10 1. Application. This Tax Increment Financing Plan (the "TIF Plan") applies to Tax Increment Financing District No. 10 of the City ("TIF District No. 10") established within Minnesota River Valley Redevelopment Project No. 1 of the City (the "Redevelopment Project"). 2. Property Included in TIF District. The following real property is included in the TIF District: Lots 1 through 5, Block 3, and Lots 1 through 5, Block 4, Original Plat of the City of Shakopee. 3. Type of District. The TIF District qualifies and is designated as a "redevelopment district" within the meaning of Minnesota Statutes, Section 469.174, Subdivision 10, because the following condition exists and is reasonably distributed throughout the TIF District: Each of the twelve tax parcels in the TIF District has buildings and improvements located on it, and more than 50% of the buildings are structurally substandard to a degree requiring substantial renovation or clearance, within the meaning of Section 469.174, Subdivision 10. Studies and analyses used to make this determination are as follows: Report of Building Official, Fulton Schleisman, dated September 25, 1995. 4. Statement of Objectives. The objectives to be accomplished by the City in establishing the TIF District are as follows: (1) to provide for the restoration,- relocation or demolition and removal of the structures located on the property in the TIF District, depending upon cost and other factors; (2) to provide for the elimination of multiple ownership of the property in the TIF District, and varying types of development and non-conforming uses on the property; (3) to provide for the sale of the property to a private developer for redevelopment into mixed retail and commercial use; (4) to provide for increased job opportunities in the TIF District and the City; and (5) to provide for increased ad valorem tax base in the TIF District and the City. 5. Development Program. The City, acting by and through its Economic Development Authority, will take such actions as are permitted by law to accomplish the objectives set forth in Section 4, including but not limited to the following: a. acquisition of all real property in the TIF District not owned by the City; b. relocation of the residents and the businesses currently occupying the property acquired; c. restoration, relocation or demolition and clearing of the structures now located on the property, depending upon cost and other factors; d. the elimination of any environmental problems identified on the property; e. rezoning of the property, as necessary; f. solicitation of development proposals for the property, and negotiation and execution of a redevelopment agreement with a private developer providing for the purchase and redevelopment of the property; g. construction of local improvements needed to serve the property; h. the establishment of wage and job goals with respect to the redevelopment provided for in the redevelopment agreement; and i. financing of the foregoing activities by borrowing existing tax increment or other available funds from the City and/or the issuance of bonds of the City. Contracts currently in effect with respect to the above-described activities in the TIF District are as follows: contract with Conworth, Inc. to negotiate for acquisition of property and to provide relocation services. 6. Development; Timing. Development of the property within the TIF District for mixed retail and commercial uses is expected to occur within three (3) years after adoption of this plan. 7. Project Cost. The cost of the redevelopment activities to be undertaken by the City is presently estimated to be as follows: Type of Cost Estimated Amount Land acquisition $1,400,000 Structure demolition 250,000 Relocation 250,000 Public improvements 100,000 Financing and Cap. Int. 150,000 Administrative175, $2,325,000000 2- • Bonded indebtedness may be incurred up to $2,750,000. Tax increments available from other tax increment financing districts in the Redevelopment Project or other available moneys will be borrowed by the TIF District and used temporarily to finance activities in the TIF District. Such tax increment loans will be repaid with interest from tax increments derived from the TIF District or the proceeds of TIF Bonds issued in anticipation of such tax increments. Other sources to be used to finance project costs include the City's contribution as provided in section 8. 8. City Contribution to Project Cost. The City elects to make a qualifying local contribution to the cost of the project in accordance with Minnesota Statutes, Section 273.1399. The amount of the contribution shall be equal to 7.5% of the present value of the tax increment derived from the TIF District. 9. Captured Tax Capacity. The net tax capacity of all property in the TIF District as most recently determined is $37,334. Upon completion of redevelopment of the property in the TIF District, the estimated tax capacity of the property in the TIF District is expected to be$276,000 and the captured net tax capacity of the TIF District is expected to be$238,666. 10. Duration of TIF District; Tax Increments. The TIF District is expected to continue in effect until the earlier of (1) 25 years after the date of receipt of the first tax increment or (2) the payment of all public costs of the redevelopment project provided for in this plan. 11. Estimate of Impact on Other Taxing Jurisdictions. The City's alternate estimates of the impact of tax increment financing on the net tax capacities of all taxing jurisdictions in which the TIF District is located are as follows: U) co 03 cip I CI oi m C _la d N )n v 1 O m m 0.1- Co o 1 2 x Q U TJE :mn � co I 13 _ o• .0 63 7 .- (O x .c R Ut. c0U cux0x cif it- 1 « m U astN 0) - Cd O O d p � • .. yO X r• • xI n ~ w .i /Ib MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk RE: Application for A Currency Exchange License DATE: November 1, 1995 INTRODUCTION AND BACKGROUND: The City has received a copy of the application submitted to the State of Minnesota Department of Commerce for the renewal of the currency exchange license for Game Financial Corp. , 1100 Canterbury Road. This is the new name for the Unbank which has been licensed previously. You may remember that the City has previously approved licenses for the Unbank. These licenses are ultimately issued by the State of Minnesota. Current law requires that the local municipality approve or deny the issuance of a license, after published notice and a public hearing. The applicant has provided the State with the required $10, 000. 00 Currency Exchange Surety Bond. The Deputy Chief of Police has advised me that he is unaware of any reason for the City of Shakopee to object to the granting of a currency exchange license to this applicant. RECOMMENDED ACTION: Offer Resolution No. 4313, A Resolution of the City of Shakopee, Minnesota, Approving the Application of Game Financial Corp. for A Currency Exchange License at 1100 Canterbury Road, and move its adoption. h\judy\licenses\currmemo • RESOLUTION NO. 4313 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING THE APPLICATION OF GAME FINANCIAL CORP. FOR A CURRENCY EXCHANGE LICENSE AT 1100 CANTERBURY ROAD WHEREAS, in 1992 Minnesota Statute Section 53A. 04 was amended to require a City to approve or disapprove of a proposed currency exchange license; and WHEREAS, Game Financial Corp. applied for a currency exchange license for a location at 1100 Canterbury Road; and WHEREAS, the City has given published notice of its intention to consider this issue, has solicited testimony from interested persons, and finds that the application should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the City approves the granting of a currency exchange license to Game Financial Corp. at its location at 1100 Canterbury Road. Adopted in Regular Session of the City Council of the City of Shakopee, Minnesota, held this 8th day of November, 1995. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form. City Attorney MEMO TO: Dennis K Kraft, City Administrator COJSEtJT FROM: Barry A. Stock,Assistant City Administrator RE: Civic Center- Smoke Free Grounds and Building DATE: October 25, 1995 INTRODUCTION: The Park &Recreation Advisory Board is recommending that the Civic Center site be designated as a smoke free ground and building facility. BACKGROUND: The Shakopee School District has adopted a smoke free ground and building policy. Since the Civic Center site is located adjacent to the School property and a wide majority of the facility users will be youth,the Park&Recreation Advisory Board is recommending that the City of Shakopee adopt a similar policy for the Civic Center grounds and building facility. The City of Shakopee has already adopted a smoke free policy for all municipal buildings. However, we have not taken a position on outdoor City facilities. The adoption of a grounds non-smoking policy is obviously somewhat difficult to enforce. However, the Park&Recreation Advisory Board believes that do to the proximity of the Civic Center site to the Senior High School property that compliance will generally not be a problem. Additionally,persons who regularly attend High School athletic events are accustomed to the smoke free ground and building policy that has been adopted by the School District. ALTERNATIVES: 1. Move that the Civic Center facility and grounds be designated as smoke free. 2. Move that the Civic Center facility alone be designated as smoke free. 3. Allow smoking anywhere on the Civic Center complex. 4. Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends Alternative#1. ACTION REQUESTED: Move that a smoke free building and grounds policy be adopted for the Shakopee Civic Center site. h:\tami\admin\smoke MEMO TO: Dennis R. Kraft,ACs ity Administrator FROM: Barry A. Stock, sistant City Administrator RE: Civic Center and Facility Use Fee Schedule - Resolution No. 4327 4°1 DATE: November 1, 1995 INTRODUCTION: With the ice portion of the Civic Center facility scheduled for opening in early December and the remainder of the facility in early January, staff is recommending that the 1995 Fee Schedule be amended to reflect admission and rental fees associated with the facility. BACKGROUND: Over the course of the last two months,the Shakopee Park and Recreation Advisory Board has been discussing the establishment of a fee schedule for the Civic Center. The Park and Recreation Advisory Board is recommending that the walking track at the Civic Center be opened to all persons free of charge. Additionally, the Park and Recreation Advisory Board is recommending that rather than establishing separate resident and non- resident fees for the facility that one standard fee be applied regardless of residency. This approach is similar to what has been adopted for the Chanhassen Recreation Facility that was recently opened. The Park and Recreation Advisory Board also believes that since Chaska, Chanhassen and Prior Lake(Dakotah Sport Facility)have facilities within their geographic areas that we will not be attracting that many members who are from outside our City limits. One possible exception would of course be from residents currently living within Jackson and Louisville Townships. The Park Board felt that simply to have a non-resident fee for Jackson and Louisville residents would merely antagonize residents and officials from these areas. When the budget for the Civic Center was prepared, staff did not calculate any revenue from non-resident memberships. In fact, staff believes that a conservative figure was used in projecting family membership sales. (200) If we experience over crowding at the facility as a result of heavy non-resident use, we could always amend the fee schedule at a later date establishing non-resident fees. The Shakopee Park and Recreation Advisory Board also noted that the Shakopee Civic Center Facility is quite different from the facilities in Chaska and Prior Lake in that we do not have an indoor leisure pool. Additionally, our facility compared to Dakotah will have limited exercise equipment. The amount of exercise equipment in our facility will be comparable if not better than what is presently available at the Chaska facility. Shown in Exhibit#B is the proposed fee schedule as it specifically relates to daily admission and membership charges for the Civic Center facility. Note that a membership does not include admission to paid events or Recreation Department sponsored programs. Shown in Exhibit C is the proposed facility use fee structure that not only applies to the Civic Center but also to all other facilities administered by the Recreation Department. The fee structure as outlined was developed after mutual collaboration with staff from the Community Education Department at the School District. The fee schedule in terms of rates and definition of user groups is comparable between the City and the School District. Staff believes that this approach will provide residents and non-residents with a consistent response in terms of the cost for public facilities in our community. Shown as attachment#1 is Resolution No. 4327 which amends the 1995 Fee Schedule accordingly incorporating the admission schedule for the Civic Center and also the new facility use fee structure for all other facilities administered by the Recreation Department. The resolution also deletes old language from the fee schedule that is being replaced. The Shakopee Park and Recreation Advisory Board is recommending approval of the fee schedules as included herein. ALTERNATIVES: 1. 2. Offer Resolution No. 4327 a Resolution Amending Resolution No. 4143 Adopting the 1995 Fee Schedule Incorporating the Admission Schedule for the Civic Center Facility and a Use Fee Structure Establishing Rental Rates and Charges. Suggest amendments to the fee schedules and approve Resolution No. 4327 accordingly as amended. 3. Do not approve Resolution No 4327. 4. Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends alternative#1. ACTION REQUESTED: Offer Resolution No. 4327 a Resolution Amending Resolution No. 4143 Adopting the 1995 Fee Schedule Incorporating the Admission Schedule for the Civic Facility and a Use Fee Structure Establishing Rental Rates and Charges. Attachment#1 RESOLUTION NO. 4327 A RESOLUTION AMENDING RESOLUTION NO. 4143 ADOPTING THE 1995 FEE SCHEDULE WHEREAS, the City Council has adopted a fee schedule for the fiscal year, and WHEREAS, changing conditions and circumstances warrant amending the fee schedule. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the 1995 Fee Schedule is hereby amended by deleting the dashed out sections identified in Exhibit A. BE IT FURTHER RESOLVED,that the 1995 Fee Schedule is hereby amended by adding the following: 1. Civic Center Fee Schedule-Exhibit B. 2. Facility Use Fee Structure Rental Rate and Charges -Exhibit C. Adopted in regular session of the City Council of the City of Shakopee, Minnesota held this 8th day of November, 1995. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form. City Attorney Exhibit A Shakopcc Youth/Cchool groups (weekdays only) No charge Shakopcc Residents and Non Profit Croup3 Shakopcc Corporate/Business $ 25 . 04 Non Resident Croup or Corporate/Buoine33 $ '55 . 00 $ 55 . 00 Picnic Kit Rental Schedule Volleyball Cet (net & ball only) per day or weekend $ 5 . 00 IIor3cshoc per day or weekend $ 4 . 00 Ballfield Rental One Day/per field Two Day/per field $20 . 00 $3004 Thrcc Day/per field . Lights per field/per night $ . 00 $2255. 00 (Groups requiring lights must hire an attendant at the rate of $10/per hour to operate the lights. ) Tahpah Park Concc33ion Stand Rental Pcr Day (Plus refundable Damage Deposit $50) $50 . 00 Community Building li Buil-ling, City Hell Community Room) Community Youth Croup3 No Charge Ccout3, 4 II, Youth Athletic As3ociation3 Cchools, City and County Senior Citizen Croup3 No Charge Community Organisation3, and Individuals/per day $75 . 00 • - _ • _ _ -_- _ - e- -_= - =- __- . . . Local Bu3inc3sc3/per day (Weekends oOly Training Purpo3cs) . $100 . 00 Plu3 Refundable Damage Deposit $ 50 . 04 . $75 . 00 Plu3 Refundable Damagc Dcpo3it $ 50 . 00 Room, during normal City Hall bu3inc33 hour3, for 1c33 than two hour3. If building is u3cd more than 2 hour3 Standard wcckcnd rates will apply. Walking Track Exhibit B Civic Center Fee Schedule The Civic Center walking track will be open to all persons free of charge. Memberships Memberships will only be sold on an annual basis. Anyone can qualify for a Civic Center membership by paying the annual fee. When purchasing a Civic Center membership a person receives: Free Open Gym(Daily) Open Skating (Tentative-Mon./Wed. -6:15-7:30 p.m; Sat. - 11:45 - 1:15 and Sun. 2-4 p.m.) Use of Excercise Equipment Note: Membership does not include admission to paid events or recreation dept. sponsored programs(i.e. aerobics,skating lessons,gymnastics, High School Games, Assoc. Activities-wrestling,basketball, etc., association tournaments) Daily Admission Adult(19 and over) $2.00 Youth(6- 18)&Sr's(60+) $1.00 Children 5 and under FREE Punch Card(20 Admissions-Civic Center Only) Adult(19 and over) $35.00 Youth(6- 18)&Sr's(60+) $17.00 Annual Pass(Civic Center Only) Adult(19 and over) $70.00 Youth(6- 18)&Sr's(60+) $50.00 Family $110.00 _F.xh i b i t C City of Shakopee • Facility Use Fee Structure Rental Rates and Charges Groups or individuals interested in reserving or renting Civic Center, Community Youth Building and City Hall facilities may do so by calling 445-0000. Reservations must be made 30 days prior to rental. Individuals and groups using City facilities may be assessed a facility use fee and/or staff charges. Minimum two hour charge. Fees are assessed according to the following criteria. 1. City of Shakopee and School district#720 sponsored and affiliated groups and activities will not be charged rental fees for use of the Civic Centers gym, meeting room and related animates. Not included in this policy is the ice arena. 2. Local organizations that are quasi-public, youth serving organizations, civic and service organizations, fraternal organizations and social agencies, non-profit educational organizations, governmental entities in Scott County, religious organizations for non-worship activities, local political organizations (caucuses) will not be charged rental fees. Staff fees will be charged when facilities are not normally staffed. 3. Groups listed under category 2 who use the City facilities for fund raising events or for activities that require admission fees, or collection of money are subject to 60% of the rental rates (unless proceeds are contributed to the local community). Religious organizations for worship or instruction are subject to 60% of the rental rates. Staff and equipment fees will be assessed per agreement. 4. Individuals, private agencies, businesses, companies or vendors who reside within City of Shakopee, and who use City facilities for commercial (sales, marketing, training) or personal profit, will be assessed 100% of the rental rates. Staff and equipment fees will be assessed as per agreement. 5. Individuals, religious organizations, private agencies, businesses, organizations, companies or venders located outside City of Shakopee will be assessed 125% of the rental rates. FACILITY RENTAL FEES Community Youth Building Community Meeting Room (6 OR MORE) $ 25. /per hour+$50 refundable damage/cleaning deposit $ 25. /per hour Community Meeting Room c -S PERSONS) $ 25. /per hour Gymnastics/Aerobics Studio $ 25. /per hour Mezzanine (wrestling room ) $ 25. /per hour Gymnasium/Ice Arena (Dry) $ 25. /per hour Ice Arena (Prime) $ 110./per hour Ice Arena (Off Prime) $ 55./per hour Multi-purpose room $ 25./per hour Picnic Shelter Resident or No-profit group $ 25./per day Picnic Shelter Shakopee Corporate Business $ 45./per day Non-resident group or Corporate Business $ 55./per day Ball fields (One day) $ 20./per field Ball fields (Two day) $ 30./per field Ball fields (Three day) $ 40./per field Tahpah Park Concession stand $ 50./per day $50 refundable damage/cleaning deposit 1 STAFFING CHARGES Custodial Fees: $ 27. /per hour A charge may be assessed to categories 2, 4 & 5 groups for special set-up and or clean-up. Category 2 & 4 will be charged a custodial fee for activities requiring custodial services which are scheduled when facilities are not normally staffed. Category 5 groups will be charged a custodial fee for all activities. Building Supervisor: $ 12. /per hour A charge may be assessed to categories 2, 4 & 5 groups per agreement. Security and Police Officers: Groups in categories 2, 4 & 5 may be asked to provide security and or police officers for certain activities. Events in which high attendance is expected, When an unusual amount of money is to be exchanged, or if valuable property will be used or featured are examples of such activities. EQUIPMENT RENTALS/CHARGES (DAILY FEES) VCR/Monitor $ 10. Microphones $ 5. Ice Machine $ 10. Coffee Maker(100 cup) $ 10. Wrestling Mats $ 50. (No charge: Mat Club & High School) Tumbling Mats $ 25. Basketball $ 1. /each Volleyball Standards -Nets&Ball $ 15. /per court Sound System for Music $ 10. Batting Cage $ Golf Cage $ 3.75/per 15 minutes Volleyball & net (Outdoor) $ 5./per day or weekend Horse Shoes $ 4./per day or weekend An invoice for charges will be sent after the schedules activity. Charges are assessed from the time a group enters the building to when they depart. A down payment may be required. -1AFFING CHARGES stodial Fees: $ 27. /per hour A charge may be assessed to categories 2, 4 & 5 groups for special set-up and or clean-up. category 2 & 4 will be charged a custodial fee for activities requiring custodial services which are scheduled when facilities are not normally staffed. Category 5 groups will be charged a custodial fee for all activities. Building Supervisor: $ 12. /per hour A charge may be assessed to categories 2, 4 & 5 groups per agreement. Security and Police Officers: Groups in categories 2, 4 & 5 may be asked to provide security and or police officers for certain activities. Events in which high attendance is expected, When an unusual amount of money is to be exchanged, or if valuable property will be used or featured are examples of such activities. EQUIPMENT RENTALS/CHARGES (DAILY FEES) VCR/Monitor $ 10. Microphones $ 5. Ice Machine $ 10. Coffee Maker(goo cup) $ 10. Wrestling Mats $ 50. (No charge: Mat Club & High School) Tumbling Mats $ 25. Basketball $ 1. /each Volleyball Standards -Nets&Ball $ 15. /per court Sound System for Music $ 10. Batting Cage $ Golf Cage $ 3.75/per 15 minutes Volleyball & net (Outdoor) $ 5./per day or weekend Horse Shoes $ 4./per day or weekend An invoice for charges will be sent after the schedules activity. charges are assessed from the rime a group enters the building to when they depart. a down payment may be required. / CL) MEMO TO: Honorable Mayor and Council FROM:RE: Dennis R. Kraft, City Administrator Resolution to the Scott County District Court Judges Requesting Their Respect for the Efforts of Local Law Enforcement Officers DATE: November 1. 1995 INTRODUCTION: Last month the Scott County District Court handled a large number of speeding tickets by fining people who agreed to plead guilty an amount of money which was lower than fines imposed upon people who plead guilty prior to the appearance date. We are of the opinion that this is an inappropriate practice. BACKGROUND: Various police and sheriff's departments in Scott and Carver Counties, including the Shakopee Police Department, have been working in a collaborative effort with the Minnesota State Patrol on a program called Arrive Alive. The purpose of this program was to reduce vehicular speeding. In the City of Shakopee areas targeted for this project included those where large numbers of children are present, and areas where numerous significant property damage and personal injury accidents have occurred in the past. We are of the opinion that reducing fines for people who take this issue to the court sends a negative message to both traffic law violators and police officers involved in. enforcement activity. Attached please find a draft resolution which urges the District Court Judges in Scott County to not engage in"blue light specials"in the future. ALTERNATIVES: 1• Adopt or amend and adopt the following resolution and direct it be sent to the judges in Scott County. 2. Send a letter to judges in Scott County requesting that they not give discounts for people who are challenging their fines. 3. Take no further action on this issue. RECOMMENDATION: It is recommended that the City Council either adopt the attached resolution or amend and adopt this resolution and direct that it be sent to Scott County Judges. RESOLUTION NO. 4331 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, URGING SCOTT COUNTY DISTRICT COURT JUDGES TO RESPECT THE EFFORTS OF LOCAL LAW ENFORCEMENT OFFICERS. WHEREAS, the City recently participated in the Arrive Alive program, which has as its goals : to reduce accidents and speeding in areas that have a history of accidents and/or speed violations; and WHEREAS, local and area law enforcement officers spent dozens of hours in a collaborative effort to stop violators of our state' s driving laws, especially speeding; and WHEREAS, the officers targeted law breakers specifically in areas where children are present, where numerous significant property damage and personal injury accidents have occurred, and where our residents are at the greatest risk of harm; and WHEREAS, the concentrated enforcement efforts resulted in 1, 014 violators being ticketed; and WHEREAS, over 300 of these violators were ticketed in Shakopee; and WHEREAS, the officers expected these tickets to be treated with the same respect and consideration as tickets written at other times; and WHEREAS, Shakopee' s residents deserve to have the state laws enforced and respected in order to make their neighborhoods and the City safer; and WHEREAS, violators of state laws need to learn to respect the laws; and WHEREAS, when the violators ticketed during the Arrive Alive program went to court, they were offered a "blue light special" of a lower fine than is customary or indicated on the approved fine schedule; and WHEREAS, the lower fine and the name "blue light special" trivialize the offenses committed; and WHEREAS, local law enforcement personnel and local residents received the message that obedience to speeding laws and other traffic laws is irrelevant to safety and unimportant . NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS : That the Scott County District Court Judges are urged to consider more sensitively and seriously the reasons for law enforcement, and to respect the efforts of local law enforcement officers to uphold state laws . Passed in session of the City Council of the City of Shakopee, Minnesota, held this 1995 . day of Mayor of the City of Shakopee Attest : City Clerk Approved as to form: Agt % �' Ar/ City Attorney [3 CCLRES] -2- 1�J ' ---r MEMO TO: Dennis R. Kraft, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Authorization of Stop Signs on Sarazin Street and Viking Steel Road DATE: October 30, 1995 MEETING DATE: November 8, 1995 INTRODU flQ This item is for the Council to consider authorizing stop signs on side streets to Sarazin Street in Prairie Bend and at Viking Steel Road intersection with 4th Avenue. GRO TND• Per Section 7 of the City Code, the City Council of Shakopee has to authorize the installation of traffic control signs in the public right-of-way. In the Sarazin Street improvement plans, Project No. 1994-10, no stop signs were included at the side streets to Sarazin Street which is designated a local collector and designated on the City's Municipal State Aid System. Typically, stop signs would be installed on minor streets to allow for the street collector to act as a thoroughfare. Usually these stop signs would be included in the plans for a local collector and Council would have approved the signs with the plans. In this case, the stop signs along side streets were inadvertently omitted,thus have not been authorized by City Council. At the intersection of Viking Steel Road and 4th Avenue, no stop sign exists at the north leg of the intersection. Since 4th Avenue has been a local collector connecting County State Aid Highway 17 to County Road 83, a stop sign would be warranted at this intersection. Where two main roadways intersect, the stop sign is normally placed on the minor street to stop the lesser flow of traffic. A stop sign for Sarazin Street and 4th Avenue was included in the plans for Project No. 1994-10 and has been installed. Staff recommends the installation of these stop signs to provide the necessary traffic control in the area which will clearly define the traffic right-of-way on these streets and prevent accidents from occurring.. A map of the proposed stop signs placement in this area has been attached for Council review. ALTERNATIVES: 1. Authorize staff to install stop signs at Greenway Avenue and Parkway Avenue with the intersection of Sarazin Street and at Viking Steel Road with the intersection of 4th Avenue. 2. Table for more information. 3. Do not install stop signs. RECOMMENDATION: Staff recommends Alternative No. 1, as these stop signs meet the warrants for an intersection of a less important road with a main road where application of the normal right-of-way rule is unduly hazardous and streets are entering a through collector street known as Sarazin Street. ACTION REQUESTED: Authorize staff to install stop signs at Greenway Avenue and Parkway Avenue with the intersection of Sarazin Street and at Viking Steel Road with the intersection of 4th Avenue. BL/pmp SIGNS J ` q N Q w a z ,- 3 Q Q 4TH 9 _J Q V (c5) Lu maig_REENWAY AVE Li r 0 Q 0 = z PARKWAY AVE CSS Ec-,D �. y � NO 'PO4 16 ,Q • ✓E, ~ Sy1/1._ o � O,oF „G O ,� <F TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: Road Salt Purchase DATE: October 31, 1995 Introduction Council approval of the purchase of salt is requested. Background The quantity of salt being ordered this year is larger than previous years. Therefore, the cost has crossed the $5,000 level for Council action. Shakopee's estimated quantity needed is 270 tons and the city is in the state contract at that quantity. The minimum order for that level the contract is 216 tons at a cost of $5,931.36. under Action Requested Move to approve the purchase of road salt from Cargill at a cost of $27.46 per ton with a 216 ton minimum under the state contract for salt. JUbdNTsti I ) Sd TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: Enterprise Fund Asset Contributions DATE: October 27, 1995 Introduction Council direction on how to treat fixed asset contributions from the sewer fund to the internal service fund is requested. Background The internal service fund for equipment was set up at the end of 1994 by transferring the cash from the old special revenue equipment fund into a new internal service fund for equipment. As of the first of 1995, the equipment from the general fixed asset accounts (general fund type assets) and the equipment from the sanitary sewer fund was also transferred. The transfer of general fixed assets is simple enough but the enterprise fund is somewhat different. Does council want the sewer fund to make a contribution of the undepreciated value of the equipment from to the internal service fund? The alternative is to have the internal service fund buy the undepreciated value from the sewer fund. I do not think it was the intent to have the sewer fund make a contribution to the internal service fund. Also, the sewer fund is paying rental charges on the remaining value of the equipment. Therefore, I would recommend that council have the internal service fund pay the sewer fund for the undepreciated value of the equipment that was transferred which was $126,614. Alternatives 1. Have the sewer fund make a contribution to the internal service fund for the undepreciated value of equipment transferred from the sewer fund into the internal service fund. 2. Have the internal service fund pay the sewer fund for the undepreciated value of equipment transferred from the sewer fund into the internal service fund. Recommendation Alternative number 2. Action Requested Move to direct that the internal service fund for equipment pay the sewer fund for the undepreciated value of equipment transferred from the sewer fund into the internal service fund when it was established in the amount of $126,614. 1/5-12-/ TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: Electronic Funds Transfer for Federal Tax Deposits DATE: October 31, 1995 Introduction Council authorization to execute documents to initiate Electronic Funds Transfer (EFT) for Federal Tax Deposits (FTD) soon than required is requested. Background In about 1997 the city will be required to use EFT for its FTDs. The process is already required for state taxes and has worked well. Finance would like to start using the federal process now instead of waiting until the mandated time. Action Requested Move to authorize the Finance Director to execute the necessary documents to participate in the Electronic Federal Tax Payment System. 3 •rte rtiONSEN Attached :ins -aprint :aut ;.-showirig : he ..division budget . •tus fcr 3995 based on data 'entered as of 11/01/.99. Legal is ,running mad of, budget °due to, the -BM issue. • i CZT1 OF SCAMPER 11/01/95 ICOR MITT 'MBAR F1aNaA?. AONTH DEPT -DEPT 14AP18 ET ACTUAL DATE $KPENDBD __=__ -_ ____=====a==== 0 0 88 0 00 N/A 11 MAYOR & COUNCIL 69,450 0 54,974 79 12 CITY ADMINISTRATOR 224,985 4,951 152,540 68 13 CITY CLERK 122,470 2,939 98,720 81 15 FINANCE 303,390 6,594 244,222 80 16 LEGAL COUNSEL 212,090 6,247 198,719 94 464,430 6,792 312,654 67 17 PLANNING 73 18 GENERAL GOVERNMENT BUILDINGS 148,120 1,452 108,840 31 POLICE 1,495,760 48,661 1,221,965 82 32 FIRE 410,240 68 284,65169 33 INSPECTION-BLDG-PLMBG-HTG 197,780 4,977 153,687 78 41 fiNGINfifiRING 357,100 10,634 270,377 76 42 STREET MAINTENANCE 784,180 7,392 480,417 61 112,120 2,579 84,055 75 44 SHOP 85 46 PARK MAINTENANCE 292,420 3,394 249,639 61 POOL 136,580 582 92,596 68 64 R$CRHATION 239,580 5,761 197,624 82 91 UNALLOCATED 128,270 0 23,700 18 TOTAL GENERAL FUND 5,698,965 113,023 4,229,468 74 17 PLANNING 467,160 187 268,014 57 TOTAL TRANSIT 467,160 187 268,014 57 19 EDA 119,080 2,322 71,315 60 119,080 2,322 71,315 60 TOTAL EDA =________ _______ _________ === 1 I i i ice i •,^� ', D4 r4 A. 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This agreement appears to be in order, and has addressed a number of our concerns. Signed 400 KEM:bj m Karen Mart City,,-A.torney [7MEMO] Attachment NVV tib ''j5 404:341-'1 JOHNSON 24 WOW F'H P.2 AGREEMENT DRAFT THIS AGREEMENT IS ENTERED INTO this day of November, 1995, by and between the City of Shakopee, a municipal corporation, (hereinafter "Shakopee") Shakopee Economic Development Authority (hereinafter "EDA") and Centres Group, Ltd. , a Florida limited partnership (hereinafter "Centres") . RESEALS Centres is in the business of developing retail shopping centers, and desires to develop such a center on land adjacent to property commonly known as Shakopee Town Square, which is located partially in the City of Shakopee and partially in Jackson Township. The property consists of several distinct, adjacent parcels, which are owned by various entities, including the Minnesota Department of Transportation, Carlson Real Estate Company, the City of Shakopee and others. Centres has given Shakopee and EDA substantial information regarding Centres ' development capabilities, site plan, engineering data, title work and other information for developing the land. Shakopee and EDA have expressed their support for the concept of Centres' development, but have advised Centres that its plan must meetnormal development criteria, follow normal procedures with City staff, planning commission and EDA and obtain final approval from the Shakopee City Council. NOV 06 '95 04:34PM JOHNSON & WOOD PA P.3 Shakopee and EDA are aware that there are many preconditions which must be met prior to Centres having a developable parcel. One of those preconditions is the acquisition by Centres of certain land owned by the Minnesota Department of Transportation, which is subject to being reconveyed by MNDOT to Shakopee under MNDOT's RALF Program. In recognition of Shakopee's and EDA's responsibility to the public, Centres agrees to assure the quantity, quality and timing of development. Shakopee and EDA are aware that Centres needs their cooperation in order to obtain said land, and, to that end, Shakopee, EDA and Centres have entered into this Agreement. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. That the certain property referred to above owned by MNDOT and subject to the RALF Program, is legally described on Exhibit 'A' , which is attached hereto and incorporated herein by reference. 2. Shakopee, EDA and Centres will work together to make such land available to be purchased from MNDOT in accordance with the terms of this Agreement. "Work together" shall include, but not be limited to, the sharing of information, using Centres' consultant as an intermediary with MNDOT for the purposes of establishing an acceptable price for the land and negotiating various details 2 IVOV 06 '95 04:35PM JOHNSON & WOOD PA P.4 necessary to close on its acquisition, and closing on the purchase of the land. Shakopee and EDA recognize that this negotiation process may result in a high price, a moderate price or a low price for the MNDOT land. 3 . Shakopee and EDA are aware that prior to purchasing the MNDOT land, Centres must first satisfy various other preconditions necessary for a viable development. Those preconditions include, but are not limited to, annexation of certain parcels of land from Jackson Township into Shakopee, adjusting the MUSA line to conform with the development, acquiring certain land from MNDOT in addition to the RALF land, acquiring certain land from the City of Shakopee and other third parties, and rezoning of certain land. 4. Centres shall develop this land in a timely manner. The parties agree to negotiate a further agreement prior to conveyance of the property to Centres, which agreement shall detailand specify the development and timing of the development. 5. Shakopee, EDA and Centres further agree as follows: a. That if Centres can satisfy all its other preconditions and if the purchase price of the land is acceptable to Centres in its sole discretion, it shall notify Shakopee of its desire to purchase the land. 3 NOV 06 '95 04:3bPM J VHNSo N i, WOOD PH P.5 b. Upon receipt of the notice in a. above, Shakopee will purchase the land from MNDOT, provided that all of the funds used for the purchase shall be provided by Centres, and with the understanding that a transfer of title shall be in a simultaneous closing in which MNDOT transfers to Shakopee and Shakopee transfers to Centres. c. That in addition to Centres paying the full purchase price for the land, Centres will, at closing, reimburse Shakopee for all of its out-of-pocket expenses associated with the closing, not to exceed $5,000.00. d. It will be necessary to annex certain lands into the city of Shakopee, extend the MUSA line to cover all the land contemplated for this development, and potentially rezone certain parts of the development land in order that a developable parcel will be created. Centres is aware that this must be done with the approval of Shakopee and at Centres' sole cost. Shakopee agrees to annex the above referenced lands within four (4) weeks of acquisition. Shakopee agrees to use reasonable efforts to assist Centres in its application to obtain MUSA line expansion. e. While it is recognized that reconfiguration of highway access points and signalized intersections 4 NOV 06 '95 04:36F'M JOHNSON L4 WOOD PH P.6 will be needed for this development, agreement an such matters, as well as agreement on items contained in paragraph d. above, shall be part of the development agreement to be entered into between Centres and Shakopee, and need not be covered by this Agreement. f. This Agreement shall terminate on and be null and void after , 19 , if a closing has not been held before that date. City of Shakopee, a municipal corporation Sys Its Mayor -' By:_ Its City Administrator Sys Its City Clerk Shakopee Economic Development Authority Sy: Its President Sy: Its Secretary 5 NOV lib 'V5 04:3(1-11 JOHNSON K WOOD PH P.7 Centres Group, Ltd. , a Florida limited partnership By: Centers, Ino., its general partner By: Ken Karl Its President STATE OF MINNESOTA) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of _ , 1995, by the Mayor, by , the City Administrator and by , the City Clerk of the City of Shakopee, a municipal corporation under the laws of the State of Minnesota, on behalf of the corporation. Notary Public STATE OF MINNESOTA) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 1995, by _the President and by the Secretary of the Shakopee Koonomio Development Author1ty, a under the laws of the State of Minnesota, on behalf of the Notary Public 6 NOV db 'V5 04:3"(I-'M JOHNSON 2S, WOOD PH P.8 - - P.$ STATE OF MINNESOTA) ) se. COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 1995, by Ken Karl, the President of Centres, Inc. , the general partner of Centres Group, Ltd. , a limited partnership under the laws of the State of Florida, on behalf of the partnership. Notary Public sa, MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL p FROM: Karen Marty, City Attornej DATE: November 3 , 1995 RE: Contract with Centres Group, Ltd. BACKGROUND: At the last Council meeting, Kaare Birkeland of Centres Group, Ltd. made a presentation regarding a development that his company has proposed to the northwest of the mall . City Council directed staff to work with Mr. Birkeland to prepare a draft agreement for Council consideration. DISCUSSION: Staff and Mr. Birkeland have discussed a number of issues, and are preparing a draft agreement for review by the City Council . This agreement will lay out a few obligations, but mainly indicate a level of cooperation between the City and Centres Group, Ltd. A second agreement will later be drafted covering detailed development issues. The draft agreement is not complete at this time. If possible, it will be sent out before the next City Council meeting. If not available in time, staff will place it on the table at the City Council meeting. ALTERNATIVES : 1 . Move to direct the appropriate City officials to enter into an agreement with Centres Group, Ltd. 2 . Amend the draft agreement, then direct the appropriate City officials to enter into the agreement with Centres Group, Ltd. 3 . Decline to enter into an agreement with Centres Group, Ltd. 4 . Move to table, and direct staff to negotiate the terms of the agreement further on certain specified issues . RECOMMENDATION: Discuss and decide how to proceed. [3 CCLCTR] 0T MEMO TO: Dennis R Kraft, City Administrator FROM: Barry A. Stock,Assistant City Administrator RE: Civic Center- Misc. Equipment Items DATE: October 30, 1995 INTRODUCTION: A number of small equipment items are needed to furnish the Civic Center facility. Staff is seeking blanket authorization to purchase a number of items. BACKGROUND: Attached is a preliminary list of small equipment items that will be needed to furnish the Civic Center project. These items vary in terms of their use category. It is somewhat difficult to group any of these items into proposal packages that are cost effective to pursue. All of the items are under$5,000 and can easily be purchased in most cases from local merchants. Rather than come back to City Council with each small equipment purchase, staff is seeking permission to purchase the items as noted on the attached equipment list and any other small items that may be identified in the course of completing this project. Staff will obviously do price comparative shopping prior to acquiring each of the small equipment items. Staff would also like to note that the Shakopee Rotary Club contribution in the amount of$7,000 will be used to furnish the equipment for the community meeting room. ALTERNATIVES: 1. Authorize the appropriate City officials to purchase small equipment items (with a price under$5,000) for the Shakopee Civic Center project. 2. Do not authorize staff to purchase the small equipment items for the Shakopee Civic Center facility. 3. Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends alternative#1. ACTION REQUESTED: Authorize the appropriate City officials to purchase small equipment items (with a price under$5,000) for the Shakopee Civic Center project. Aerobic Steps Gym Equipment Basketballs Volleyballs Storage Racks Miscl. Equip. Custodial Equipment Vacuums Brooms Mops/Buckets Ladders Snow Shovels Trash/Recycling Recpt. Miscl. Arena Equipment Snow Shovels Ice Scrapers Storage Cubby's First Aid Kits Coat Rackj Meeting Room Tables Meeting Room Chairs Chair Dolly's Window Treatments Lectern Slide Projector Overhead/Cart Microwave TVNCR/Cart Lobby TV Lobby Furniture Fax Machine TTY/DD Coffee Pot/Servers Wall Clocks CONSENT 6 A. MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock,Assistant City Administrator RE: Civic Center FF&E Packages DATE: October 31, 1995 INTRODUCTION: The construction manager has solicited quotations for a variety of furnishing, fixture and equipment items associated with the Shakopee Civic Center Project. It would be appropriate to authorize the purchase of the equipment packages as noted herein. BACKGROUND: Attached is a summary of the following FF &E equipment packages: 1. Concession Stand Equipment Work 2. Arena Equipment Work 3. Sound Systems 4. Scoreboards Note that the attachment includes a summary of the quotations received and the original budget amount for the items. It should be noted that the scoreboard identified in the equipment package is for the gymnasium. The scoreboard price quotation also includes installation costs associated with the gymnasium scoreboard and the ice arena scoreboards. It should also be noted that the Shakopee Girls Basketball Association contributed funds to help off-set costs associated with the scoreboard in the gymnasium. Staff is recommending that the appropriate City officials be authorized to purchase the equipment from the vendors identified in the Greystone correspondence dated October 31, 1995. ALTERNATIVES: 1• Authorize the appropriate City officials to purchase the equipment from the vendors identified in the Greystone correspondence dated October 31, 1995. 2 Do not approve authorization of all of the equipment items as noted in the Greystone correspondence. 3. Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends alternative#1. ACTION REQUESTED: Authorize the appropriate City officials to purchase the equipment from the vendors identified in the Greystone correspondence dated October 31, 1995. GptEN,..3,117,0riE CONSTRUCTION COMPANY October 31, 1995 Barry Stock Assistant City Administrator City of Shakopee 129 Holmes Street Shakopee,MN 55379 Re: Shakopee Civic Center Dear Barry: Based on consultations with City Staff,we recommend the award of contracts for the concession stand equipment,arena equipment,sound systems work and scoreboard work on the following basis: Since the costs for the listed categories were not to expected to exceed$25,000,proposals were requested in accordance with State Statutes. Category Description Firm Amount FFE"A" Concession stand JTS Services,Inc. $5,009 equipment work. FFE"B" Arena equipment Becker Arena Products $4.828 work FFE"G" Sound systems Southwest Audio Visual $11,825 work FFE"H" Scoreboards work AIM Electronics,Inc. $5,733 The recommendations are made based on consideration of pricing, unit costs, quantities, quality and durability offered to the Owner. A tabulation sheet is also enclosed for each category of work. Please call me with any questions. Sincerely, T1441 risa"--* • Mikl J.Parsons Project Manager ENCLOSURE c: Rob O'Brien Paul Dahlberg 1221 East Fourth Avenue, Suite 110 Equal Opportunity Telephone: 612-496-2227 e :d ----��� F�'�74 �mpiayer/Contractor Fax : 612-445-4191 T6TtSbb NO 2:1 3NO1Sh3ND Traject:Shakopee Civic Center, Shakopee,MN Owner: City of Shakopee SUMMARY OF PROPOSALS RECEIVED--Prepared by Greystone Construction Company 10/31/95 Category Description/ Firm Budget Amount Amount FFE"A" Concession stand equipment work/ ITS Services,Inc. S 5,004 $3,050 (revised proposal) Hospitality Supply $ 5,591 Palm Brothers $ 7,931 ITS Services,Inc. $16,942 (original proposal) F „B,. Arena equipment work/ Becker Arena Products $ 4,828 $30,000 FFE"G" Sound systems work/ Southwest Audio Visual $11,000 $11,825 • ; , • MIS Northwest Sound,Inc $26,857 Muzak No price Audio Electronics No price FFE"N" Scoreboards work/ AIM Electronics,Inc. $15,000 $5,733 Nevco Scoreboard Company " $ 8,000 Daktronics,Inc. $ 8,960 Earl F.Anderson,Inc $11,763 Notes: Scoreboards budget of$15,000 includes$4,964 for purchase of"Mighty Ducks"movie scoreboard 20 'd T6TbSbb NOI1WINISNO0 3NO1SA3219 r\1 ita_ (-'1171 r. : ,.„ , ,,, ..,_.,, IL-.i MEMO TO: Dennis R. Kraft; City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Civic Center Underground Distribution Agreement DATE: October 25, 1995 INTRODUCTION: In conjunction with the Shakopee Civic Center Project it is necessary to provide electrical service to the facility. The execution of an agreement by and between the City of Shakopee and Shakopee Public Utilities Commission for the distribution of the electrical service to the site is necessary. BACKGROUND: Enclosed is a copy of the standard agreement for underground service by and between the Shakopee Public Utility Commission and in this case the City of Shakopee for the provision of underground electrical distribution service. It is necessary to authorize execution of this agreement prior to energizing the service for the new Civic Center site. ALTERNATIVES: 1. Authorize the appropriate City officials to execute the underground distribution agreement by and between the City of Shakopee and Shakopee Public Utility Commission for service to the Shakopee Civic Center. 2. Do not authorize execution of the underground distribution agreement. 3. Table action pending further information from staff STAFF RECOMMENDATION: Staff recommends alternative#1. ACTION REQUESTED: Authorize the appropriate City officials to execute the underground distribution agreement by and between the City of Shakopee and Shakopee Public Utility Commission for service to the Shakopee Civic Center. UNDERGROUND DISTRIBUTION AGREEMENT AGREEMENT made this day of _..__ , 1)_, between • The City of Shakopee, through the Public Utilities Commission, here- inafter called Shakopee Public Utilities Commission and • WHEREAS, Shakopee Public Utilities Commission has been request- ed to provide an underground electric distribution system to serve certain properties hereinafter called located on the following described real estate, situated in the City • of Shakopee, County of Scott, State of Minnesota, to wit: NOW, THEREFORE, In consideration of the mutual convenants and agreements hereinafter contained to be kept and performed, the parties hereto agree as follows: I. Residential Underground Distribution: • 1. Subject to all the terms and conditions hereinafter con- tained Shakopee Public Utility Commission shall install, own, and maintain all facilities necessary to provide an underground electric distribution system Lo servo the plat attached hereto as Exhibit "A", or the above described real estate. The imput end of the _ _ underyrouutd service connection shall be deemed the terminus of the customer's wiring. For residential customers only, the service connection shall be located at a point on the property line desig- nated by Shakopee Public utility Commission. 2. Shakopee Public Utility Commission shall endeaver to coordinate the installation of said underground system with the activities of the Developer in the area to be served: provided, however; Shakopee Public Utility Commission shall not be required to install said underground system in segments smaller or larger • than considered economically feasible Shakopee Public Utility Commission shall not be responsible for any damages resulting from delay in completing the installation of the underground system comtemplated herein, whether such delay is due to casualty, labor disleute, weather or other similar or dissimilar causes beyond the • reasonable control of Shakopee Public Utility Commission. 3. Prior to the installation of said system, owner of proper- ty shall at no cost or expense to City, Grant such easement rights • as City may require for the installation, operation, and mainte- • nance of said system. 4. Prior to the time the installation of any segment of • said underground system is commenced by Shakopee Public Utility Commission, Developer shall establish grades in the easement strip which shall not be above or more than four (4) inches below the finished grade. Before trenching operations are started by Shakopee Public Utility Commission: • • • • • • (a). The route of said underground system shall be accessible to Shakopee Public Utilities Commission equipment. (b) . All obstructions shall be removed from such route by Developer at no cost or expense to Shakopee Public Utilities Commission and (c) . Marker stakes at lot corners shall be placed by Developer at intervals designated by Shakopee Public Utilities Commission (d) . No street lights shall be installed until streets are • to grade and staked, and curb work is complete. 5. Shakopee Public Utilities Commission will make final connections of its facilities to the terminus (as defined in Paragraph 1 hereof) of each customer's wiring. 6. In consideration of Shakopee Public Utilities Conuni.ssion installing and owning• the underground system as described'in Paragraph 1, developer agrees to pay • to Shakopee Public Utilities Conm►ission,• on or before the completion of such • installation, at such. time as .the actual cost,•can be 'determined, 'in cash, assum • equal to 33t of the total materials cost (this percentage figure represents the Utilities estimated cost differential between the cost of an overhead distribution system as opposed to the cost of an underground distribution system.) Prior to the Shakopee Public Utilities Commission entering into a contract for the installation of such underground distribution system the Developer will deposit cash with the Shakopee Public Utilities Commission in an amount of lf•5t 'or furnish a bond in an amount equal Lo 3.1% of the total materials cost as estimated to assure performance. If cash is deposited with: the 'Shakppec Public. Uliii Lies Couunission, at 'such .timc%as the final cost is determined, adjustments shall he made so that the cost to-the • Developer will be 33% of the total materials cost. No interest will be paid on any such deposit. • 1 7. St eet lig ting wil be installed in type and number pe Shako e Public 1 i.lities Commi ion spe ificatio s. Th approxiu to cost ill be $l .00 ea h to • co r cost of in tallati , mainte ante, rebasing and up ati.on for 3 year • The cvelope shat deposit ith Shak ee Pub c Utili 'es Cot scion $3 •00 pe fight fern bon f $700. 0 per li t to as ire par mance. 0. . Developer shall be subject to an additional winter construction charge of 4.00 per trench foot .for underyround 'facilities installed between October 15 and April 15. Final determination of whether sufficient frost exists to affect the cost of installation will be made by the Utilities Department. However, iE developer has met all requirements necessary to accept service and has both signed an underground agreement or order and notified Shakopee Public Utilities Commission in writing prior to October 15th that he has established proper grades and is ready to accept electrical service, winter construction charges will be waived. 7. Developer shall pay all additional installation costs incurred by Shakopee Public Utilities Codm►ission because of (a) delays caused by customer (b) soil conditions that impair the installation of underground facilities, such as rock formations or (c) paving of streets, alleys, or other areas prior to the installation of the underground' facilitiosv. 10. Developer shall pay the cost of any subseguest relocations or rearrangement of any portion of Shakopee Public Utilities Commission • underground facilities made to accouunodatu his needs or because he alters' the grade. 11. This agreement shall be in lieu of any other provision of • Shakopee Public Utilities Commission's which may pertain to the payment of • excess costs associated with the installation of underground service. , • • • • . '�' • p1 • • 12. Developer shall not assign this agreement without written consent of• the Shakopee Public Utilities Commission. 13. Al). wiring beyond the service connection shall be the • responsibility of the customer. Ii. underground Distribution, Other Than Residential : • • 1. The responsibility of the Developer starts at the point at which the distribution system changes from overhead to underground and extends to the point on the property line at • which the Shakopee Public Utilities Commission determines to make the service entry point to that particular piece of property. This includes all equipment up to and including any termination cabinet and necessary connecting modulus to which terminations • are connected. 2. The responsibility of the Customer, or Owner of that particular piece of property, starts with the point on tho property line at which the Shakopee Public Utilities Commission determines to make the service entry point to that particular piece .of property and extends to the underground service con- nection which shall be deemed to be the secondary terminals of the transformer. This includes all terminations, protective devices, and other equipment installed for that customers service. • 3. All of the terms of Section I (Residential Underground • Distribution) shall apply, with the exception that the Developers • responsibilities shall extend only as far as described in para • graph al of this section .and that the Customer, or Owner of a particular piece of property, shall be responsible for that portion • • as described in paragraph q2 of this section. • • • • IN WITNESS WHEREOF, The parties hereto have caused this Agreement • to be executed the day and year first above written. • • CITY OF SIIAKOPEE SIIAKOPEE PUBBLIC UTILITIES COMMISSION • • By • Name of Developer/Customer • By • Its •• Its (Th 7 r-n j L 6k1 I MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Arena Concession Stand Agreement DATE: October 25, 1995 INTRODUCTION: The Ice Arena portion of the Civic Center Facility will include a concession stand. In an effort to keep facility operation costs down, the Park & Recreation Advisory Board is recommending that City Council consider a Concession Stand Operating Agreement by and between the City of Shakopee and the Shakopee Hockey Association. BACKGROUND: The proposed 1996 operating budget for the Ice Arena portion of the Civic Center Facility included the collection of concession stand revenue in the amount of $7, 500 . 00 . The Shakopee Hockey Association has approached City staff to determine whether or not the City might be interested in entering into an agreement whereby the Shakopee Hockey Association would provide full and complete services for the sales of food concessions at the Shakopee Ice Arena during the hockey season. The Bloomington Hockey Association has a similar agreement with the City of Bloomington for the Bloomington Community Ice Garden Facility. Under the terms of that agreement, the Bloomington Hockey Association contributes an annual amount of $10, 000 . 00 or 150 of gross receipts (less sales tax) from concession sales which ever is larger. The Bloomington Ice Garden contains three ice sheets . Therefore, the amount of concession revenue generated from their facility would typically be three times the amount generated from a one ice sheet facility. The Shakopee Hockey Association is willing to staff the concession stand between the hours of 6 : 00 PM and 10 : 00 PM Monday through Friday and 8 : 00 AM to 10 : 00 PM Saturday and Sunday during the typical hockey season which generally runs from October 1st through the first weekend in March. The Park & Recreation Advisory board supports the execution of an agreement by and between the Shakopee Hockey Association and the City of Shakopee for the sale of food concessions at the Civic Center on a trial basis (1995-96 hockey season) . If the arrangement does not work out or is in need of modification, amendments or other options could be evaluated prior to next season. A flat 15% City commission rate on gross receipt sales (less sales tax) during the trial demonstration period is being proposed. While the City may not achieve the concession stand revenue figure budgeted, we will also see an associated decrease in temporary staffing wages that would have been needed to staff the concession stand facility. Staff estimates that City costs for staffing and merchandise will be reduced by nearly $7, 000 . 00 under the proposed contract scenario. To summarize from a operating budget scenario, the proposed approach will have a positive impact on the profit/loss statement . Attached is a copy of the proposed Shakopee Hockey Association Concession Agreement . Keep in mind that the term of the proposed agreement between the Shakopee Hockey Association and the City of Shakopee would be in place only during the ice skating season. When the facility is used for dry floor purposes or other special events during the non-ice skating season, the concession stand facility would be staffed by seasonal City personnel or a special arrangement could be made with other non-profit organizations . ALTERNATIVES: 1 . Authorize the appropriate City officials to execute a concession agreement by and between the City of Shakopee and the Shakopee Hockey Association be executed for the remainder of the 1995-96 ice skating season based on a 15% gross receipt (less sales tax) commission schedule . 2 . Do not enter into a concession agreement with the Shakopee Hockey Association. 3 . Approve a concession agreement between the Shakopee Hockey Association and the City of Shakopee at a different commission level or fixed dollar amount . 4 . Table action pending further information from staff . STAFF RECOMMENDATION: Staff recommends Alternative #1 . ACTION REQUESTED: Authorize the appropriate City officials to execute a concession agreement by and between the City of Shakopee and the Shakopee Hockey Association for the remainder of the 1995-96 ice skating season based on a 15% gross receipt (less sales tax) commission schedule. BAS/tiv - h:word/tami/admin/concess SHAKOPEE AMATEUR HOCKEY ASSOCIATION CONCESSION AGREEMENT This agreement, made and entered into this day of , 1995,by and between the City of Shakopee, a Minnesota municipal corporation, located at 129 Holmes Street, Shakopee, in the County of Scott, State of Minnesota(hereinafter referred to as"the City") and Shakopee Hockey Association, a nonprofit corporation in the County of Scott, State of Minnesota (hereinafter referred to as"SHA"). WITNESSETH: Whereas the City of Shakopee is desirous of providing efficient concession services to Shakopee Civic Center patrons, and; Whereas SHA wishes to provide concession services at the Shakopee Civic Center in order to raise funds for the ongoing support of youth hockey in the community; and Whereas SHA uses concessions earnings to rent ice time at the Shakopee Civic Center, which is a benefit to the City; Now, Therefore, in consideration of the promises,terms and conditions stated herein,the parties agree as follows:. L DUTIES AND RIGHTS OF SHA A. SHA agrees to provide full and complete services for the sales of food concessions at the Shakopee Civic Center Arena concession stand between the hours of 6:00 pm and 10:00 pm Monday through Friday and 8:00 am to 10:00 pm Saturday and Sunday excluding holidays, beginning December 1, 1995 through March 31, 1996. B. SHA agrees to pay the City an amount equal to Fifteen Percent(15%) of the gross receipts(less sales tax)from concessions at the Shakopee Civic Center Arena and for the use of Arena concession stand facilities and equipment. Payments shall be made monthly, on or before the fifteenth(15th) day of the month. C. SHA agrees to purchase and maintain all food goods, materials and supplies necessary for the Ice Arena concession stand. SHA may sell souvenirs and other hard goods not sold by the Ice Arena, as approved by the City in writing. SHA souvenirs and other hard good sales shall not be subject to the commission specified in I.B., above. D. SHA agrees to provide all manager(s), supervisor(s) and attendant(s) and other personnel for its Ice Arena concession operations. SHA also agrees and understands that nothing contained herein creates or establishes the relationship of copartners between itself and the City and that it is an independent contractor and its officers, managers, supervisors, volunteers, attendants and other employees are not employees, agents or representatives of the City with respect to any services performed under this agreement. Such personnel or other persona associated with SHA shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from the City, including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, Worker's Compensation, Unemployment Compensation, disability or severance pay and PERA. E. SHA agrees to maintain an internal control system which includes Cash Demand System and a Cash Report, on forms approved by the City. Such reports shall be submitted along with each monthly remittance of the City's share of the gross receipts. In accordance with Minnesota Statutes 16B.06, Subdivision 4, SHA further agrees to allow the City or the State Auditor or their agents to review, upon request, all records associated with the performance of the agreement, including invoices for concession goods and supplies, all canceled checks for payment of such invoices, all inventory records, and to be present at the taking of inventories, and to verify inventory shrinkage records. Gross receipts shall be agreed upon by the City Finance Director. SHA will maintain a separate checking account for concessions operations. F. On or before April 1, 1996, SHA shall provide the City with a copy of the year- end Ice Arena Concession financial report prepared by SHA for its Board of Directors. G. SHA shall conduct its activities upon the premises so as not to endanger any person lawfully thereon; and shall indemnify, save and hold harmless the City and all of its officers, agents and employees from any and all claims, losses, injured, damages and liabilities to persons or property occasioned wholly or in part by the acts or omissions of SHA, its agents, officers, employees,volunteers,patrons, or any persons associated with or served by SHA concessions operations. H. In addition to any indemnification required herein, during the term of this Agreement, SHA shall in addition purchase and maintain liability insurance,naming the City as additional insured, and shall furnish to the City a copy of the policy or policies issued thereto, and certificates of insurance in the following amounts: $200,000 per individuals, $600,000 per occurrence and $50,000 property damage. Certificates of insurance shall be kept on file with the City Clerk. All policies shall provide and the certificates issued evidence,that the City will be notified at least 30 days prior to cancellation or modifications of coverage. Renewal certificates shall be provided to the City 30 days prior to the expiration date of coverage. All insurance must be provided at SHA's expense and at no costs to the City. SHA or the City may terminate this agreement upon thirty(30) days written notice to the other party. In the event of such termination by either party, SHA agrees to pay the City the full remittance owed as of the date of termination. J. SHA agrees to comply with Minnesota Statutes 181.59 and other related state ad federal laws prohibiting discrimination in performance of this agreement on the basis of race, color, creed, religion, national origin, sex, marital status, disability and status with regard to public assistance, age or familial status. SHA agrees to hold harmless and indemnify the City from costs including but not limited to damages, attorney fees and staff time in any action or proceeding alleging illegal discrimination. K SHA agrees to comply with the Americans With Disabilities Act and not to discriminate on the basis of disability in the admission or access to, or treatment of ---employment in its services,programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all services, programs, and activities. The City has designated coordinators to facilitate compliance with the Americans Disabilities Act of 1990 (ADA), as required by Section 35.107 of the U.S. Department of Justice regulations, and to coordinate compliance with Section 504 of the Rehabilitation Act of 1973, as mandated by Section 8.53 of the U.S. Department of Housing and Urban Development regulations. SHA agrees to hold harmless and indemnify the City from costs including but not limited to damages, attorney fees and staff time in any action or proceeding alleging a violation of the ADA. L. SHA shall maintain Workers' Compensation Insurance for its employees and agents in accordance with Minnesota Statutes Section 176.181, Subd 2 (1993), and shall require its subcontractors to provide workers' compensation insurance to its employees and agents under Minnesota Statute 176.181, Subd 2 or SHA shall provide workers'.compensation insurance for subcontractors. In either event, SHA shall furnish copies of Certificates of Insurance to the City. IL DUTIES AND RIGHTS OF THE CITY A. The City Agrees to provide,maintain and repair facilities and equipment as necessary for the sale of concessions for use by SHA. The City further agrees to provide storage for SHA inventories, subject to the limitations of available space at the Ice Arena. B. The City may immediately terminate this agreement in the event that SHA fails to provide concession services in accordance with Shakopee Ice Arena schedule of events or otherwise fails to perform its duties under this agreement. C. The City may terminate this agreement upon thirty(30) days written notice to SHA for any reason other than stated in 11.B. However, if the City terminates this agreement for any reason other than stated in ll.B., the City agrees to pay SHA for any inventory items that cannot be returned for full refund. D. The City will pay SHA the original cost of any spoiled frozen or refrigerated foods where such spoilage is exclusively due to the failure of City owned refrigerator(s) or freezer(s), upon receipt of thorough documentation of the loss by SHA. Hi JOINT DUTIES AND RIGHTS A. SHA and the City agree to share equally the cost of any losses resulting from spoilage of frozen or refrigerated foods due to a power outage. SHA shall thoroughly document such losses. B. SHA and the City agree that the types, serving sizes, prices and packaging of concession items sold by SHA shall be mutually agreed upon by the Shakopee Recreation Superintendent and SHA. C. SHA and the City agree that in the event a Basketball Tournament is sponsored by the local Basketball Association during the terms of this agreement that SHA will pass on a share of its concession revenue generated during the tournament to the Basketball Association. The amount of share shall be mutually agreed by SHA and the City. D. It is mutually understood and agreed that this Agreement represents the entire agreement between the parties and supersedes and all prior agreements or proposals, written or oral, and that no alternation, modification or addenda to the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. E. This Agreement shall not be assignable except by the written consent of the City. F. This Agreement shall be governed by the laws of the State of Minnesota. INWITNESS WHEREOF,the parties have caused this Agreement to be executed by their proper officers, thereunto duly authorized, as of the day and year first above written. CITY OF SHAKOPEE Mayor City Administrator City Clerk SHAKOPEE HOCKEY ASSOCIATION President Approved as to form. City Attorney h:\Tami\Word\Civic\Conagree MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock,Assistant City Administrator RE: Downtown Electrical Underground Service Agreements DATE: October 25, 1995 INTRODUCTION: Staff is seeking Council approval to authorize the execution of Downtown Electrical Underground Service Agreements with the property owners in the improvement district. BACKGROUND: In conjunction with the Downtown Electrical Undergrounding Project, it is necessary for the City and Shakopee Public Utilities to enter into underground electric service agreements with each of the property owners in this project. Shown in attachment#1 is an example of the proposed agreement. In order to proceed with the undergrounding project, it is necessary for the City Council to authorize the appropriate City officials to execute the underground electric service agreements accordingly by and between the City of Shakopee, Shakopee Public Utilities Commission and the respective property owners located in the underground electric service project area. The Shakopee City Attorney has reviewed and approved the proposed agreement as to form. ALTERNATIVES: 1. Authorize the appropriate City officials to execute the underground electric service agreements by and between the City of Shakopee, Shakopee Public Utilities Commission and the respective property owners located within the Downtown Underground Electric Service Project area. 2. Do not authorize execution of the underground electric service agreements. 3. Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends alternative#1. ACTION REQUESTED: Authorize the appropriate City officials to execute the underground electric service agreements by and between the City of Shakopee, Shakopee Public Utilities Commission and the respective property owners located within the Downtown Underground Electric Service Project area. C ATTACHMENT NO. PID # _ DOWNTOWN SHAKOPEE UNDERGROUND ELECTRIC SERVICE AGREEMENT This Agreement, between _ _ _ (referred herein to as Owner or Customer), the City of Shakopee (referred herein as the City), and the Shakopee Public Utilities Commission(referred herein as the SPUC)governs the installation of underground electric service lines and the terms and conditions for underground electric service in the area of downtown Shakopee. It is mutually understood that in the course of this project, the SPUC overhead distribution lines (and pole mount transformers), now extending from Spencer Street to Atwood Street, between 1st and 2nd Avenues and from Sommerville Street to Fuller Street, between 2nd and 3rd Avenues, will be removed and replaced with underground lines (and pad mount transformers), which will provide service at 120 volts single-phase, 208 volts single-phase and 208 volts three- phase. The SPUC passed Resolution #419 on 4/14/94, to address certain issues pertaining to the downtown undergrounding project. The parties agrees as follows: 1. The City will extend to Owner's building an underground electric service line. The service line will be extended to a point adjacent to the existing exterior electric service connection. This cost will be assessed to the property owner. 2. The City shall restore disturbed areas to a condition equal to that existing prior to the start of the project. This cost shall be assessed to the property owner. 3. The Owner hereby gives the City and its representatives the right to enter upon the property in order to construct and install the improvements during all reasonable business hours. This right of entry shall terminate on the first day of December, 1995. 4. The attached SPUC Resolution #419 and its exhibit "A" shall govern the terms and conditions of the interconnection between the underground electric system of the SPUC and Customers in downtown Shakopee, except as modified herein. • _ 5.__ Subsequent to the adoption of SPUC Resolution #419, the project design has been modified to include more than one connection cabinet within each alley. Therefore, the Customer's service point is now defined to be that particular connection cabinet,identified on the project plans by HDR Engineering, from which the Customer's service is shown to be fed. 6. The Owner shall be prepared to change over to underground electric service by October 15, 1995. The parties jointly pledge to keep delays and disruptions associated with changeover from overhead to underground electric service to an absolute minimum. Owner/Custom rC Gary L. Laurent, Mayor James R. Cook, SPUC President Dennis R. Kraft, City Administrator Lou Van Hout, Utilities Manager Judith S. Cox, City Clerk Date I • 5._ _ Subsequent to the adoption of SPUC Resolution #419, the project design has been modified to include more than one connection cabinet within each alley. Therefore, the Customer's service point is now defined to be that particular connection cabinet, identified on the project plans by HDR Engineering, from which the Customer's service is shown to be fed. 6. The Owner shall be prepared to change over to underground electric service by October 15, 1995. The parties jointly pledge to keep delays and disruptions associated with changeover from overhead to underground electric service to an absolute minimum. Owner/Custom r Gary L. Laurent, Mayor James R. Cook, SPUC President Dennis R. Kraft, City Administrator Lou Van Hout, Utilities Manager Judith S. Cox, City Clerk Date ) f)Yt) MEMORANDUM TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Liquor License Requirements DATE: October 19, 1995 INTRODUCTION: Staff is requesting that City Council consider amending the City Code by eliminating a requirement for liquor and beer licensees. BACKGROUND: Both State law and the City Code require that licensees who sell liquor or beer carry liquor liability insurance and provide both the State and the City with a certificate of insurance evidencing the required coverage. One of the requirements of the insurance coverage is "that such insurance will not be canceled or terminated without ten (10) days' written notice served upon the City Clerk if cancellation is for non-payment of premium and thirty (30) days' written notice of cancellation if for any other reason. Cancellation or termination of such coverage shall be grounds for license revocation. " In addition to providing the certificate of insurance, the City Code also requires that the insurance policy, as distinguished from the certificate of insurance, be filed with the City within 90 days after renewal of the license. The purpose of requiring the actual policy has always been to examine it to insure that there is an endorsement within the policy providing for the cancellation clause. There are usually a few policies that do not contain this endorsement and staff must follow-up with the licensee or their insurance agent to get the endorsement added. Staff spends far too much time following up with licensees after the 90 days to insure that: 1) the policy is filed with the City, and 2) it contains the proper cancellation clause. After reviewing this matter with the City's insurance agent and with the City Attorney, I believe that it may be appropriate for City Council to consider updating the City's requirements by deleting the requirement that the insurance policy be filed at all. This will save staff time that can be put to better use. Liquor License Requirements October 16, 1995 Page -2- The City Attorney has advised me that as long as the certificate of insurance contains the cancellation clause, the insurance company will be in an extremely difficult position if it tries to argue that it does not have to give the City the required notice of cancellation. In addition, the cancellation notice is a requirement of State law, and so the insurance company must give the City the proper notice. Since the certificate of insurance provides the City with the required assurance that the City will be notified if the insurance is canceled, there appears to be no need to require the licensee to file the insurance policy with the City. In addition, by not having the actual policy, staff will not have to be concerned about giving out information that may be protected by data privacy. (Some insurance policies contain information about other insurance coverage in addition to the liquor liability coverage. ) ALTERNATIVES: 1] Continue to require liquor liability policies in addition to the certificate of insurance 2] Direct staff to prepare the appropriate ordinance to amend the City Code by removing the requirement that liquor and beer licensees file their liquor liability insurance policy with the City 3] Table the issue for more information RECOMMENDATION: Staff recommends alternative #2 . This will increase efficiency by eliminating staff time spent on a requirement that is not necessary. ACTION REQUESTED: Direct the City Attorney to prepare the appropriate ordinance amending the city code by deleting the requirement that liquor and beer licensees must file their liquor liability insurance policy with the City. h:judy\licenses\liqinsme CITY OF SHAKOPEE, MINNESOTA MUNICIPAL ELECTIONS PRECINCTS P-1 P-2 P-3 P-4 P-5 TOTAL (Registered Voters) 1132 1022 2042 2146 1329 7671 #Voting on 11/7/95 468 705, 755 623 3107 MAYOR: Michael Beard 187 215 378 414 342 1536 Jeff Henderson 362 250 321 337 271 1541 CITY COUNCIL (2 4-year terms) Jane DuBois 329 242 341 357 304 1573 Cletus Link 354 277 346 363 318 1658 Joan Lynch 175 166 319 364 295 1319 Gary Morke 176 192 319 367 269 1323 CITY COUNCIL (2 year term) Jon Brekke 191 173, 306 370 308 1348 Mathew Lehman Aa 5n .0 74 4a fl Burl A. Zorn 303 226 295 294 253 1371 i:clerk\j udy\elecvote SCOTT COUVTY,MINNESOTA DISTRICT REPORT CITY ELECTION Page 4 NOVEMBER 7,1995 SHAKOPEE MAYOR 1 - MICHAEL BEARD 2 - JEFF M. HENDERSON _ _-- RES VOTES VOTERS CAST TURNOUT 1 2 UV OV WI All Districts 013 SHAKOPEE P71 1132 556 49.1 % 187 362 3 8 4 014 SHAKOPEE P-2 1022 468 45.7 % 215 258 2 8 1 015 SHAKOPEE P-3 2842 785 34.5 % 378 321 2 8 4 816 SHAKOPEE P-4 2146 755 35.1 % 414 337 2 8 2 317 SHAKOPEE P-5 1329 623 46.6 % 342 271 6 8 4 411 Districts 7671 3187 48.5 % 1536 1541 15 0 15 4bsentee 8 8 8.8 % 8 8 8 8 0 • ICCE TOTALS 7671 3187 40.5 % 1536 1541 15 0 15 .,y♦_:.;*A YaJ CiiCfr .La..w3.r.� t... .:t --- _ _... ._ SCOTT COUNT ,MINNESOTA DISTRICT REPORT '` Y CITY ELECTION Page 5 NOVEMBER 7,1995 SHAKOPEE COUNCILMENBER - Elect 2 -- -------- 1 - JANE DUBOIS 2 - CLETUS LINK 3 - JOAN LYNCH 4 - GARY MORKE RES VOTES VOTERS CAST TURNOUT 1 2 3 4 UV OV WI All Districts 813 SHAKOPEE P-1 1132 1112 49.1 % 329 354 175 176 54 24 - 8 814 SHAKOPEE P-2 1822 936 45.7 % 242 277 166 192 52 6 1 815 SHAKOPEE P-3 2042 1418 34.5 % 341 346 319 319 66 12 7 816 SHAKOPEE P-4 2146 1510 35.1 % 357 363 364 367 56 2 1 017 SHAKOPEE P-5 1329 1246 46.8 % 384 318 295 269 51 4 5 All Districts . 7671 6214 40.5 % 1573 1658 1319 1323 279 48 14 Absentee 0 8 8.8 % 8 8 8 8 0 0 8 RACE TOTALS 7671 6214 48.5 % 1573 1658 1319 1323 279 48 14 _ .- ..g.r ti-i^ i •:..... .z ..: s.Y�,:x' :r:,a �. 4 ut.# Yom`4 SCOTT C0181TYININNESOTA; DISTRICT REPORT CITY ELECTION NOVEMBER 7,1995 Page 6 SHAKOPEE COUNCILiO ER VACAtICY I - JON BREKKE 2 - MATfEN LE}IIAN — -- — --- - - 3 - BURL A. ZORN -- — RES VOTES VOTERS CAST TURNOUT 1 2 3 UV OV WI All Districts 813 SHAKOPEE P-1 1132 556 49.1 % 191 48 383 10 2 2 814 SHAKOPEE P-2 1022 468 45.7 % 173 56 226 11 1 I 815 SHAKOPEE P-3 2042 785 34.5 % 386 90 295 18 1 3 016 SHAKOPEE P-4 2146 755 35.1 % 370 74 294 18 2 5 817 SHAKOPEE P-5 1329 623 46.8 % 388 48 253 12 2 0 All Districts 7671 3107 40.5 % 1348 316 1371 53 8 11 Absentee 8 8 8.8 % 8 0 8 8 8 8 RACE TOTALS 7671 3187 40.5 % 1348 316 1371 53 8 11 1 PAGE__Z__- �F— -- SUMMARY STATEMENT GENERAL ELECTION, NOVEMBER 7, 1996 A. PRECINCT: 085 B. PRECINCT CODE: 0115 C. WARD: 00 D. MtnNICIPALITY: SHAKOPEEPP-1 E. COUNTY: SCOTT F. CONGRESSIONAL DISTRICT: 02 G. LEGISLATIVE DISTRICT: 35B NUMBER OF BALLOTS RECEIVED FROM CLERK B. NUMBER OF PERSONS REGISTERED AT 7AM 1 .132 I. NUMBER OF NEW REGISTRATIONS AT THE POLLING PLACE ON ELECTION DAY J. NUMBER OF SIGNATURES ON THE POLLING PLACE ROSTER <,n (INCLUDE NEW REGISTRATIONS) a I. ___ _ K. NUMBER OF ACCEPTED REGULAR, MILITARY AND OVERSEAS tor it ABSENTEE BALLOTS "a. L. NUMBER OF ACCEPTED ABSENTEE BALLOTS FROM VOTERS ENTITLED TO VOTE FOR FEDERAL OFFICES ONLY, INCLUDING FEDERAL WRITE-IN BALLOTS ,. M. TOTAL NUMBER OF PERSONS VOTING IN TEE PRECINCT5-.6. • ", (ADD: J + K + L = M) *-4**, 0.9******+*+til***!*****4********:`***fir** ***********fit*#*************** N, NUP ER OF COMPLETELY BLANK BALLOTS IN THE BALLOT BOX 0 # SLANK NUMBER OF COMPLETELY DEFECTIVE BALLOTS IN THE BALLOT BOX (identifiable marks :only) . , . # DEFECTIVE P. NUMBER Of SPOILED BALLOTS TN TETE SPOILED BALLOT ENVELOPE ` x # SPOILED NUMBER OF REMADE BALLOTS :- IN TEE REMADE BALLOT ENVELOPE L^FE. . . . . . . _ _,' • # REMADE Q. NUMBER OF UND.ti,'ED BALLOTS RETURNED TO COUNTY AUDITOR # UNUSED BALLOTS (ORIGINAL AMOUNT OF BALLOTS RECEIVED FROM THE COUNTY AUDITOR, MINUS LINES J Fa P = Q) ex f ' : -1X3Ii06 I-1/07/9; Summar Re-ort, _ _ `;a13 SHAKDPEE P r"" k • -, . ,r+s ..... .S."., -.;..w x. .fid=�wr A,:P°�Y � �t SICU` ,COUN` Y,ihMX NNE80.1-(4 - rt,� r -;7';,.0-14-717-,Y,,--,-.:•,- ELECT I ot\t 4 . ",'1, s �. RIOVEMBE� 7' 1995 . ' _ * r,' � : Tgtai Number,,,Voting : 556 `--- _ , .6 t SfIAI QPEE MAS-Ci x 1 A -' g _ . EL BEARD. ,' 187 33 63S `� r 1, -IEFF K4 HENDERSON 362 yrr .,�^. w ; R� •aaj•. . , . .,,.et. .a-. • •. s1�4'.. .s. a. • r3 r .3"-2,44-7,.,''..,:-..-k.7--,- "_;;;', . , Total Votes' Cast : .. F --. +_ x S56 • "sem" Number Under Votes `•' 3 .53X `' � ����[, nu bei Liver Votes r Rf x` .60.,,. '1,*�S ."f.. 1F 4 -ff'i:.„...;,;._,;..- - k v'_. - .-" '!� --".'i,`,.,4%-.. ., q +fir } y " '7y • Y .- 4io,•.mr4fi.. !742�-mk, t '� -- k , Y l ly.k 'S„ ,1 uw.. - V SH$IKOPEE COU ECIC iEMBE r--M • - `_` �' ��, � .1fru.. '� 4 t Elect ) z s .. : ,TANS DUE�QIS� .` 3 k -t� k^slT ...�... ^ b 1 sa1 • - . ,. " •u_ , 7 l. y. a.,° . -4 ay �(T � :J . t,. ,_.. WN 8rM, t.f �� . iYYY�$1GF .36 N1� 4. AYay . f 'I..•-:._. ', 397" r,_^ s ..:� %.sus ?usrs..axa . a. -^t ':"`3'- k -F/ �a -'rt,- ,----,.� �: a,.a•-.-Y M` -s.,,•t ...: . �- 4., ra ': ;,"; k*...,.. �/ .tea'( �� b � 100.._. 4+14 k t; -_- ;Mry r;.r.. x .emrera.. _ -�'+'-••w.s,., - a a OE �'' X BERUACANGI� z= m i - �. = 4,35% - f91 3 �- MATHEW LEHMAN BURL', TCIRt 48 8.63% �— . 303 54,49X '�� � �=. 2 .357 - • ._ �_ - Total -Votes- Cast 556 - N+lnber Under Votes , 10 '1. 79X — Number Over Votes 2 .353: SCHOOL-BOARD DIST". 7220' SHAKO SEE ,r . - KEN.'CUSTER-_`; ` .._ _. 58 5.21% TODD-ANDERSON _ 240 21.58% ,=RONALD-A. SQLSETK - 137 12:32X KATHk ?: BUSC 363 32.64X EDWARD;::D.v-- LAWRENCE-..... - 54 4.85% 2 . 17 Total Votes Cast -- -= 1112 - — -- --- Number Under Votes 113 10. SEX - Num berm Over Votes 10 89% —,-1-----,.-___T-:-,777-.ii,—TATA BALLQTS- CAST - -- __,. .-- --- - - 555 ._---..- ._ _ -- -- M. . _. ,a. PAGE 1 OF SUMMARY STATEMENT GENERAL ELECTION, NOVEMBER 7, 1995 A. PRECINCT: 085 B. PRECINCT CODES 0120 C. WARD: 00 D. MUNICIPALITY: $HAROPEE P-2 S. COUNTY: SCOTT F. CONGRESSIONAL DISTRICT: 42. G. LEGISLATIVE DISTRICT: 35B NUMBER OF BALLOTS RECEIVED FROM CLERK H. NUMBER OF PERSONS REGISTERED AT TAM 1,022 I. NUMBER OF NEW REGISTRATIONS AT THE POLLING PLACE ON ELLECTION DAY /7 ************************************************************************** J. NUMBER OF SIGNATURES ON THE POLLING PLACE ROSTERV53 (INCLUDE NEW REGISTRATIONS) K. NUMBER OF ACCEPTED REGULAR, MILITARY AND OVERSEAS ABSENTEE BALLOTS L. NUMBER OF AccEPTED A9SSNTRE mums gam VOTERS ENTITLED TO VOTE FOR:FEDERAL OFFICES ONLY, - ..__.- ....-. ._,.:-Vas.....,� •,.'.. ..:. -.cc.....w.».3.r....,.. ...;, . a ✓r k _ - "INCLUDING FEDERAL WRITE-IN BALLOTS......iii11114 I .. i M. TOTAL -NUMBER OF PERSONS VOTING IN THE PRECINCT.... 'S'f5v7 (ADD: J + Et L = M) ****, ********************************************************************* N. NUMBER OF COMPLETELY BLANK BALLOTS IN THE BALLOT BOX - o- # BLANK O. NUMBER OF COMPLETELY DEFECTIVE BALLOTS IN THE BALLOT BOX (identifiable marks only) o # DEFECTIVE P. NUMBER OF SPOILED BALLOTS IN THE SPOILED BALLOT ENVELOPE -) # SPOILED NUMBER OF REMADE BALLOTS IN THE REMADE BALLOT ENVELOPE # REMADE Q. NUMBER OF UNUSED BALLOTS RETURNED TO COUNTY AUDITOR V # UNUSED BALLOTS (ORIGINAL AMOUNT OF BALLOTS RECEIVED FROM THE COUNTY AUDITOR, MINUS LINES J 3c.P-_- Q) @iSHAL:OPEE ---- P- Total Nu m tier Vot g 468 MICHAEL BEARD JEFF M. HENDERSON 53. 41% 1 . 21% Total Votes Cast 468 Number Under Vot2s . 42% Number Over Votes 0% JANE DUBOIS 242 25. 85% CLETUS LINK 277 29. 59% JOAN LYNCH 166 17. 73% GARY MORKE Total Votes Cast ' 936 Number Under Votes 52 5. 55% Number Over Votes 6 . 64% Number. Over Votes - 1 ' ' ' .�c� �CHOOL BOARD DIST. 720 SHAKOPEE - ( Elect 2) KEN CUSTER TODD ANDERSON 48 5. 12% RONALD A. 6OLSETH 203 21' 68% |�PTHY P. BUSCH 109 11. 64% El/WAR� r ~ LAW9ENCE 275 P9. 3S% TOET) W. BOOM 50 5. 34� 127 13. 56% Tnta) Votes Cat 97/6 Numbe.' Under Votcs __ __`�_.-_^��:���_����_+_��_*__.`_~__ 98 1�. 47� '--`--''-----�+�~----',-�'^-�f�-'-- -_ --_--- __`__ T12)TAL BALLOTS [oST 468 �UTAL [yPE \ SAL/ OTS 468 ` . ' ���� PAGE 1 OF SUMMARY STATEMENT •• - GENERAL ELECTION, NOVEMBER 7,1905 -- --- A.., PRECINCT: 085 B. PRECINCT CODE: . 0225 C. WARD:: 00, D. MUNICIPALITY: SHAKOPEE P-3 E. COUNTY: SCOTT F. CONGRESSIONAL DISTRICT: 02 G. LEGISLATIVE DISTRICT: 35B • NUMBER OF BALLOTS RECEIVED FROM CLERK ***** * **** ,e**,►r+rs�ww* ::**t4********* ******w**********************isig► . H. NUMBER OF PERSONS REGISTERED AT 7AM 2.042 I. NUMBER OF NEW REGISTRATIONS AT THE POLLING PLACE ON ELECTION DAY Cj G J. NUMBER OF SIGNATURES ON THE POLLING PLACE ROSTER �O / (INCLUDE NEW REGISTRATIONS) • } K. NUMBER OF ACCEPTED REGULAR -- _ - r MILITARY AND OVERSEAS ABSENTEE BALLOTS L• NUIOEF�OF ACCEPTED 118S ENTEE mamma-Flet ENTITLED--TO VOTE--FOR- - -� FEDERAL OFFICES ONLY r _ INCLUDING FEDERA4T _ n .._ =.R NRITE IN - 0 • K. 'TOTAL NUN ER- OF PERSONS VOTING IN TEE PRECINCT., (ADD:, •J + K + I, • M) *********** ►**********************************war************************** N. NUMBER OF COMTPLE ELY BLANK BALLOTS IN THE BALLOT BOX 0 # BLANK O. NUMBER OF COMPLETELY DEFECTIVE BALLOTS IN THE BALLOT BOX (identifiable marks only) U # DEFECTIVE P. NUMBER OF SPOILED BALLOTS IN THE SPOILED BALLOT ENVELOPE # SPOILED NUMBER OF REMADE BALLOTS IN THE REMADE BALLOT ENVELOPE �p # REMADE Q. NUMBER OF UNUSED BALLOTS RETURNED TO COUNTY AUDITOR 61 (ORIGINAL AMOUNT OF BALLOTS RECEIVED FRO THE # UNUSED BALLOTS COUNTY AUDITOR, MINUS LINES J & P = Q) ..'S C C:3-1--r c.,.-(-3 u role-Ne mr- IN-4 Ki E.:9 C3"T"Pil _ if• -, 3: 1-‘e` I—C- t--.-1- I D NI ..... .9, r\lefv PI n E.--_. FR '7' ,.., 1 •..:1) .-.--311. ..._..p 1.:.-; . Total Number Vot imq A,,•,- 705 "AK 4Art• ....JM S; +:0:DEE MAYOR -.., MI EHAEL:- 1:-F.:-AR.D 378— 537.-61% , JEFF M. HENDERSON321 45. 53% . .......-;.. . 4 ...._ Total Votes Ca s t'''''' . ._ , 705 Number Under Votes -:-.. 4.... . 28% Number Over Votes 0 . 0% , . _ - _ _ SHAKOPEE COUNC I LMEivIBER ( Elect 2) JANE DURO I S . 341 24. 18% • CLETUS LINK 346 24. 5.3% JOAN LYNCH , 319 22. 62% GARY MORKE 319 22. 62% - -- 7 . 49.!. Total Votes_ Cast Number Under Votes 66 4. 68 . Number Over Votes 12 . 85% , .. - SHAKOPEE COMIC I LMEMBER" V ACANCY'--- : ,TOR„BREKRE-fr„,...--.,_--._'14---s':-'- --5-'-'''I''''-:-----"4'''-r''r—'-----.-_'__ _.'...-, _306-.,!:_......:.-.:-..143....40%...:-.;:.:-.:;...:-.....--. z,..,..-.,....-4.,....'„%:,,. .- - • - -.:.,.... . _ - .._2_,-,..„- - 90 - _ ---t2,„---7 ,%---_-‘,--`_-- _ - .-, --.-- -- - _ . - -----,- ---=-,--‘,.;----=,------:---:,-----3---------_----- ,----,- -------. -------;---. -- "'71--:7-7,---'-'-"L----t-7-....,..--•-..—---' "‘"'"'"------ - . -4. ..% -.74 -i.:4",.-.'t:i.'''.'.;':-:e4 ii""*:'''''.:9'1°4'**4.e''' '''''''""'''''''44''''''"4"'''°''**:4-;;;-:'7-'---- ---; -• . - - ``''''' -Nitia bei4.7 Urid 4 e-:Vote-s-:7--;-.'71,M-rl'7.-'7,-e!"-"';---„::•=f--7,..Y:--•-:- tef--.7_.-----,7,*:71-.. 41;4 , , Nu-Mliei-;-_--CliersVoi-e—s4'-'7.- -=`-v---"-*--------:•'----------'----- - I'''''' '' --• ' 14%:: SCHOOL BOARD D I ST. 720 SHAKOPEE . ---•'•-1-- t, Elect 2) - KEN CtiSTER 85 6. 02% TODD ANDERSON 30,5.) 21 . 6.3% PCII\lAt D A. OL.: ETH 170 12. 05% TH‘T.' P. RI ISCH 42",:" ;."--'9. E l'ii-IP:F.:i-_, D. LAWRENCE i .-, L-_,, 4. 89% 'OD r, t.-.t POOM, 155 1(.1. 3 .374 • _ ._.___ __ - - 4— '•.I U r' ." '" : I r r IT/r•is••-• t".''_'I.'"" '..`f.S i"C``,- . .I.I?) , 7 t?!..V-1 . , _ -..--11-f-il.. 8c.1 L.LOTS l'n,:',"r 7015 - . , ; .i; . I•,,,',.--,E.' ! i-;:4"-:1_.I_ OTc-..., /C.-tr.....i , PAGE 1 - OF SUMMARY STATEMENT GENERAL ELECTION, NOVEMBER 7, 1905 A. PRECINCT: 085 B. PRECINCT CODE: 0130 C. NARD: 9S. D. MUNICIPALITY: SHAKOPEE P-4 E. COUNTY: SCOTT F. CONGRESSIONAL DISTRICT: 02 G. LEGISLATIVE DISTRICT: 35B NUMBER OF BALLOTS RECEIVED FROM CLERK ****************************************** *******4*********************** H. NUMBER OF PERSONS REGISTERED AT 7AM 2,146 I. NUMBER OF NEW REGISTRATIONS AT THE POLLING PLACE ON ELECTION DA? J. NUMBER OF SIGNATURES ON THE POLLING PLACE ROSTER7 aZ 7 (INCLUDE NEW REGISTRATIONS) - K. NUMBER OF ACCEPTED REGULAR, MILITARY AND OVERSEAS . <. ABSENTEE BALLOTS............ ...........r........ NtikSBEROPACCEPTED ABSENTEE"BALLOTS. FRODt:.VOTERS_._,.- —ENTITLED;-,TO,.VOTE FOR- RAL OFCl/�? :FEDERAL-- }�- INCLUDING FEDERAL WRITE—INBALLOTS ` H. TOTAL NUMBER OF PERSONS VOTING /NTHEPRECINCT (ADD: J + K + L = M) ****************************** *******w****************************art***** N. NUMBER OF COMPLETELY BLANK BALLOTS IN TEE BALLOT BOX # BLANK O. NUMBER OF COMPLETELY DEFECTIVE BALLOTS IN THE BALLOT BOX (identifiable marks only) 4 # DEFECTIVE P. NUMBER OF SPOILED BALLOTS IN THE SPOILED BALLOT ENVELOPE # SPOILED NUMBER OF REMADE BALLOTS IN THE REMADE BALLOT ENVELOPE # REMADE Q. NUMBER OF UNUSED BALLOTS RETURNED TO COUNTY AUDITOR # UNUSED BALLOTS (ORIGINAL AMOUNT OF BALLOTS RECEIVED FROM TSS COUNTY AUDITOR, MINUS LINES J 4 P _ Q)-. - 411{_-_Sk3.AktOPEE_-P-4 '3c -r-r c 0 INtTY ,y ret I INNIlE^BDTt 1_ =a -r' t=L•_t-- C T I a NJ NI 0 V F-i t ri r3,t IR 7' Total Number Voting - 755 'HAKOPEE MAYOR MICHAEL BEARD 414 54. 83% JEFF M. HENDERSOh! ' 337 44. 63% 26Y• Total _Votes Cast 755 Number~ Under Votes 2 . E6% Number Over Votes 0 . 0% SHAKOPEE COUNC I LMEMBER ( Elect . 2) JANE DUBO I S 357 23. 64% CLETUS LINK, 363 • 24. 03% JOAN LYNCI-1 364 • -24. 10 , GARY MORKE My - Totar-Votes -Cask -.-, 7-'"`"""-'' "---'---"- """--- ' 1510= . :.. -_._.. Number Under-� Votes- , - - 5 �y Number Over Votes .. 1 SHAKOPEE COUNC I LMEMMMBER , VACANCY- .. - _ JON BRERKE 370 49 00%.` MATHEW LEHMAN -- - . ,:: 74 - -9r 80Y.`... __ BURL A. ZORN ; 294 38. 94Y•'- • .J • 66X '. . . . . . . . . . • . . Total Votes CS't . fa I. . -7C= Number Under Votes I ri 1. 32% Number Over Votes SC,'- )[)t_ D OA RD DIST. 720 Sr AKOPE: ( 1Tl ect G) KEN LUSTER 83% EDWARD D. . AWPErICE E , 'ti�'Y --1:> to P. 707 1 SAL-+.11"S PAGE 1 OF SUMMARY STATEMENT GENERAL ELECTION, NOVEMBER 7, 1995 A. PRECINCT: 085 B. PRECINCT CODE: 0135 C. WARD: 00 D. MUNICIPALITY: SHAKOPEE P-S E. COUNTY: SCOTT F. CONGRESSIONAL DISTRICT: 02 G. LEGISLATIVE DISTRICT: 358 NUMBER OF BALLOTS RECEIVED FROM CLERK H. NUMBER OF PERSONS REGISTERED AT 7AM 1,329 I. NUMBER OF NEW REGISTRATIONS AT THE POLLING PLACE ON ELECTION DAY 51 J. NUMBER OF SIGNATURES ON TEE POLLING PLACE ROSTER (a (INCLUDE NEW REGISTRATIONS) K. NUMBER OF ACCEPTED REGULAR, MILITARY AND OVERSEAS ABSENTEE BALLOTS , + r L. NUMBER OF ACCEPTED? ABSENTED BALLOTS FROM VOTERS ENTITLED TO VOTE ?OR FE'DERAI, OFF/CES ONLY,_'. ...-.. >.y.,x 'YHA •„ _ -_ __- INCLUDING FEDERAL1PRITE IIQ uw N. TOTAL NUMBER OF PERSONS VOTING IN' THE PRECINCT. .... c* (ADD: J + K + LSM)` N. NUMBER OF COMPLETELY BLANK BALLOTS IN THE BALLOT BOX Q # BLANK O. NUMBER OF COMPLETELY DEFECTIVE BALLOTS IN TEE BALLOT BOX (identifiable marks only) a # DEFECTIVE P. NUMBER OF SPOILED BALLOTS IN THE SPOILED BALLOT ENVELOPE .2,, # SPOILED NUMBER OF REMADE BALLOTS IN THE REMADE BALLOT ENVELOPE C0 # REMADE Q. NUMBER OF UNUSED BALLOTS RETURNED TO COUNTY AUDITOR (ORIGINAL AMOUNT OF BALLOTS RECEIVED FROM THE # UNUSED BALLOTS COUNTY AUDITOR, MINUS LINES J & P = Q) 017 'SHAKOPEE..=P-5 . . a r` w r .. ? C:C)r T C CD Li hi T v, tv1 r ra t o C31- Ci �T Y• E ECvT1 . Total `Number Voting 623 '• . SI{slKOPEF' MAYOR - - f-- ''. MICHAEL SEfaRn - - � �l 342 54 89% JEFF N. HENDERSON - _ x:71 -_ 4-3:49Y. •— • 4 64% Total Votes Cast 6. .`.:2. . =Number• Under ; Vet"e,, .: .4umber v er ► 696r tot `�` "•-", r 0 - 0%1,'4.2: SHAKOPEE COUNCILMEMBER { E1 ect = :.. = BO IS CLETUS LI,Nl± y 3 4 • . . 33Y 7 .�*&.�,'w-> .!' ..ZLI�`• L. ir�....s.Xaa.»Fa�w �A �:�axg8rs..0 [T �''eswnnna'� _ • ?w.r.re•a=�"`rmmaai .s< ,.E; _ '�. .�i#•`r-".3'- �... .. A.^�.3�(-.A�iG '. ...��.'�'°' -- » . 1f 1,Mm�ygw.. W y-Y:.it' �". m 1/`.2!'A•"7�R F.7�.y a '= .. :°� +c - Y ,¢,: :•�.y'. •* h,,. .. a ! � •AT'2""_"`s.Y_sL.. +rte - __. i•`'g.. L=c+ _ •'y .+.,...-..........,�.sw. .:. " 4.4 � • sz' az z pro:uy...-scc __ .. 14 ,A444,44.1164,441CY `.'n='-` '$ T S�i.97}S - ' ." " :r'A.. �X 9�{a Wir IA .. zSH �.c� Ecou � cME a vAccr - JOt BREfK , �= 7 ATHEW LEHMAI�f u 48 8 ;; _49 I 7 73y HURT: A.' zClRN` - 253 40. 60% Total .Votes Cast 623 Number Under Votes Number Over Vote, 12 1. 2% _r--H ;rcr BOARD DIST. 7210 SI-IAF OPEE El f_ 2 1 1-'EN CUSTER TODD ANDERSON" 54 4. 33% _ 274 -.I RGi\it=;LD A. SOLSETi X . : 155 is 43y _ _. Kc THY P. BUSCN ,. 420 EDWARD D. LAWRENCE 3?45% TODD W. BOOME8 5. 4% 143 I .t. 47% 4 2.f ` €_ Vet Cast . . ssubs T 246 - Nwniber L!ricjer Votes 128 r • n. RESOLUTION NO. 4324 A RESOLUTION CANVASSING RETURNS FOR THE REGULAR MUNICIPAL ELECTION AND THE SPECIAL ELECTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that it is hereby found and determined and declared that the regular municipal election and special election held in and for said City on November 7, 1995, was in all respects duly and legally held and the returns thereof have been duly canvassed, and the votes cast at said election were as follows: For Mayor,two year term: Michael Beard 1536 Jeff M. Henderson1541 Write Ins 15 Under votes 15 Over votes 0 For Council-at-Large, (two) four year terms: Jane Dubois 1573 Cletus Link 1658 Joan Lynch 1319 Gary Morke 1323 Write Ins 14 Under votes 279 Over votes 48 For Council-at-Large to fill vacancy in the term expiring December 31, 1997: John Brekke 1348 Mathew Lehman 316 Burl A. Zorn 1371 Write Ins 11 Under votes 53 Over votes 8 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA,that Jeff M. Henderson is duly elected mayor, for a two year term, commencing January, 1996, and Cletus Link and Jane DuBois are duly elected to the City Council, each for a four year term, commencing January , 1996. . BE IT FURTHER RESOLVED, that Burl A. Zorn is duly elected to the City Council to fill the vacancy in the term expiring December 31, 1997. Adopted in Regular Session of the City Council of the City of Shakopee, Minnesota, held this 8th day of November, 1995. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form. City Attorney Oel) RESOLUTION NO. 4324 A RESOLUTION CANVASSING RETURNS FOR THE REGULAR MUNICIPAL ELECTION AND THE SPECIAL ELECTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that it is hereby found and determined and declared that the regular municipal election and special election held in and for said City on November 7, 1995, was in all respects duly and legally held and the returns thereof have been duly canvassed, and the votes cast at said election were as follows: For Mayor,two year term: Michael Beard Jeff M. Henderson Write Ins Under votes Over votes For Council-at-Large, (two) four year terms: Jane Dubois Cletus Link Joan Lynch Gary Morke Write Ins Under votes Over votes For Council-at-Large to fill vacancy in the term expiring December 31, 1997: John Brekke Mathew Lehman Burl A. Zorn Write Ins Under votes Over votes NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that is duly elected mayor, for a two year term, commencing January, 1996, and and are duly elected to the City Council, each for a four year term, commencing January , 1996. BE IT FURTHER RESOLVED, that is duly elected to the City Council to fill the vacancy in the term expiring December 31, 1997. Adopted in Regular Session of the City Council of the City of Shakopee, Minnesota, held this 8th day of November, 1995. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form. City Attorney MEMO TO: Honorable Mayor and Council / o FROM: Dennis R. Kraft, City Administrator RE: 1996 League of Minnesota Cities Policy Adoption Conference and Legislative Priorities DATE: November 1, 1995 INTRODUCTION: The League of Minnesota Cities holds an Annual Policy Adoption Conference for the purpose of giving direction to the League board and staff on both policies and legislative priorities for the upcoming Minnesota Legislative Session. The League is requesting that member cities review the policies and take positions on them so that policy direction can be provided. BACKGROUND: The LMC Policy Adoption Conference in 1995 will be held on Friday,November 17th at the Ramada Plaza in Minnetonka. The League is requesting that each city fill out a ballot and return it to the League no later than Monday,November 13th. The results of these mail in ballots will be tabulated and then presented at the November 17th meeting in an attempt to help facilitate discussion. I'm requesting that the City Council review policies and take positions on these policies as well as indicate to me whether individual Councilmembers are going to be attending the policy conference. If any Councilmember has questions on these policies please feel free to contact me prior to the City Council meeting on November 8th. ALTERNATIVES: 1. Select and rank the ten most important policies and direct the City Administrator and/or Councilmembers to convey this information to the LMC at the Policy Conference. 2. Rank policies according to importance and direct that only a mail in ballot be submitted on this question. 3. Take no action on this request. RECOMMENDATION: It is recommended that the Shakopee City Council review the policies and rank them prior to the meeting on November 8th so that direction can be provided to City Council members or the City Administrator on the City's position on.LMC policies. i .1011 3490 Lexington Avenue North .,eague of Minnesota Cities St. Paul, MN 55126-8044 October 25, 1995 TO: Managers and Clerks(Please distribute a copy of these materials to your mayor and councilmembers) FROM: James F. Miller Executive Direc RE: 1996 Policy Adoption Conference and Legislative Policies Enclosed is a copy of the 1996 City Policies as proposed by the League's policy committees and Board of Directors. These policies address significant city issues such as local government aid, annexation, tax increment fmancing, and transportation funding. The policy process was revamped last year with the goal of making policies more relevant and focused. As a result, all of the policy committees were given the opportunity to examine their respective subject areas anew, without consideration to previous policies. The revised process is described in more detail in the accompanying policy booklet. The League membership will vote on these policies as part of the LMC Policy Adoption Conference which will be held on Friday, November 17, 1995, at the Ramada Plaza, 12201 Ridgedale Drive,Minnetonka. (See map enclosed.) The accompanying ballot should be filled out and returned to Mary Diedrich by Monday, November 13, regardless of whether you will be attending the conference. The results will be tabulated and shared with those present on November 17 to help facilitate discussion. In order for League staff to plan properly for the meeting,please register as early as possible. We look forward to seeing all of you on November 17th. OVER AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER 1490-5600 1-800-925-1122 TDD(612)490-9038 Fax(612)490-0072 j t 7C;1 = Q am ,--- CO39 C) cu d m m O a a' Ur -v cll 1 • 03 N cu -4—I-1\1 .243 rr < _ m m G W I Q m —t/ to • N Z a Q ft ' G. f 1cz 3 m _ o ca F a = I c,, I . rn . i m611•C'''. 31.1.11.001.1 LI I - 3490 Lexington Avenue North League of Minnesota Cities St. Paul, MN 55126-8044 LEAGUE OF MINNESOTA CITIES POLICY ADOPTION PROPOSED MEETING RULES 1. Registration Registration shall remain open from the previously announced opening of conference registration until completion of policy adoption. 2. Voting Privileges A. The vote on any legislative matter shall be by acclamation; but at any time before the result of the vote is announced, the presider may, and shall, if requested to so do by ten or more delegates present, submit the question under consideration to a vote by municipality, in which case each member municipality represented shall have one vote. B. When any vote by municipality is conducted,only one delegate per city shall be permitted to vote on policy proposals,priorities, or motions. Each current LMC member city shall designate one official as delegate (and may select another city official as an alternate) for voting purposes. Only those officials with voting cards for their cities shall be eligible to vote. Possession of the voting card of the city and the signed voting card register shall be evidence that the holder of the voting card is the city's delegate for purposes of voting. 3. Committee Reports The chair or vice chair of each committee shall present the committee report and move adoption of the policy statements. Before adoption of the committee report, the chair may place on the agenda for discussion a motion supported by at least 10 delegates to: A) make a substantive change in the language of a proposed policy, B) divide a proposed policy statement, or C) take a position which the appropriate policy committee chair or representative states was not considered by the committee. The final vote shall be on the committee report as amended. = OVER= AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER (612)490-5600 1-800-925-1122 TDD(612)490-9038 Fax(612)490-007 The text of nonprocedural motions and amendments, other than motions to divide a policy statement, must be submitted in writing to the chair prior to debate. 4. Majority Required A) Amendments to language or division of proposed policy statements require a majority vote of the City delegates voting on the motion. B) Final passage of any policy or amended policy requires a favorable vote of 2/3 of the City delegates voting on the policy. 5. Disputes Disputes regarding eligibility to vote shall be referred to the LMC General Counsel and may be appealed to the conference. Such reports or appeals shall be a special order of business and may be taken up at any time a new question(main motion)is in order. 6. Limits on Debate Each speaker shall be limited to three minutes on any debatable question. The chair may extend the debate limits in order to consider an issue if numerous delegates request to be heard on the issue. The chair may reduce the time allotted for debate in order to complete policy adoption,but in no case shall the length of time be reduced to less than three minutes per side. 7. Parliamentary Procedure Precedence. The policy adoption process shall be governed by the LMC Constitution,these rules, and Roberts Rules of Order, Revised. The conference shall be its own judge of these rules and Roberts Rules of Order. Appeal of the Chair. Debate of the motion "appeal of the ruling of the chair," rule#6 notwithstanding, shall be limited to two minutes by the appealer and two minutes by the chair. Either may designate another eligible voting delegate (or LMC officer or board member)to speak in his/her place. Changes. Motions to "rescind" and "reconsider" shall require a two-thirds vote of delegates present and voting. z League of Minnesota Cities 1995 Policy Adoption Meeting Friday, November 17, 1995 . Ramada Plaza Hotel Registration form --1 LMC 1995 Policy Adoption Meeting City I- Advance registration Contact person deadline November 10, 1995 / Telephone number Name Registration Title per: person: Address $25 L Make checks payable and mail to a League of Minnesota Cities ; = City Policy Adoption Meeting P - State 3490 Lexington Avenue North Zip St. Paul,MN 55126 1- ...- Feel free to duplicate for multiple registrations =— - - --- ` 1M. L - .__l -. f Housing form Y LMC 1995 Policy Adoption Meeting 1 Name 1 = 1; Please specify: I Representing —$60+tax single or double I r- -; I Address I will arrive after 4:00 p.m. Please I -= ¢ guarantee the reservation with I, s` City (Credit card) Number and expiration date ` Cit Phone:( ) --1,7.. ....,;-.; - State Zip 1 Mail to 1 --'.- -- ( ) Ramada Plaza Hotel C C 12201 Ridgedale Drive 1 Month/Day/Year Month/DayYear Minnetonka, MN 55343 � 1 � Arrival Arrival time Departure (612) 593-0000 1 ; Check in time 3:00 p.m. Check out time 12:00 noon Exit off 1394 on Ridgedate Drive;,.I One Mile East of 1494 and 1394 1 :_ y I .- -.Feel free to duplicate for multiple registrations — — — — —— — Mark your calendar and register now for theIL , League of Minnesota Cities 1995 ;adoption iiieetilig o f O _ Friday, November 17, 1995 • /POI Ramada Plaza Hotel Minnetonka November 1995 1 2 3 4 5 ..-6 7 8 , 9 10 11_ .Yr -1_-8 12 13 14 15 ---_ 16 �._ 19 20 21 22 23 24 _.. 25 26 27 28 29 30 Tentative policy adoption meeting agenda 8:45 a.m. Welcome and Introduction Mayor Karen Anderson-Minnetonka and League President Jim Miller, League Executive Director 9:15 a.m. Federal Update: Implications for state and local governments Invitations to Congressional Delegation members y (accepted by Jim Ramstad -- others pending) Noon Lunch with keynote speaker 1 :30 p.m. Policy Adoption Meeting —Adjourn — — — — ' y❑ ❑ 0 0 0 ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ r r r r r r r •z7 -T1 -n• 'n 'r1 •,y -n '77 -n '11 -77 ►r ,n .Ttotorn to rto rn -n - 717171 m -21 r 71 "1 71 m "1 .i ..toj C 0 � W V, P w ( Fir A= (�. 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Lt < 00 �^ 6 O �" C cn a O w 0 (<D UIQ ^ K �i C3 •"3 < y co cn r �1 y CSD (-p y eD ca uA'/� ca tIt 4, Q' pro k3 (o -9 p 0 w \Q S. a e A w < H Ca CeD O n Dr. E a� O CD X 70 n w to _._.. ao w. weeD f 7 Use this space to make any comments or changes to the proposed policies. • Use this space to suggest and briefly comment on additional policy issues you wish to be addressed. If necessary, use additional sheets. V1 I) • Proposed 1996• � City P 4-4 for legislative and (1..) administrative action b�A (it League of Minnesota Cities 145 University Avenue West St. Paul,MN 55103-2044 _ + (612) 281-1200 (800)925 12 Fax (612)281-1299 © 1995 League of Minnesota Cities All rights reserved Printed in the United States of America n LI I League of Minnesota Cities 145 University Avenue West St. Paul, MN 55103-2044 (612) 281-1200 (800) 925-1122 Fax (612) 281-1299 =11 Min 3490 Lexington Avenue North League of Minnesota Cities St. Paul, MN 55126-8044 October 25, 1995 Dear League Members: I am pleased to submit the accompanying draft 1996 Legislative Policies for your consideration. The format is designed to identify the most important concerns of cities and to translate those concerns into legislative priorities. Rather than simply amending previously adopted policies, many of which had been in place for a number of years, the policy committees were asked to start with a clean slate. Their first task was to identify problems within their respective areas that cities face or are likely to face in the near future. Once there was agreement on the problem definitions, solutions, usually in the form of legislative initiatives or policies, were created. Your input is crucial to this process. The League needs your reaction to the definition of problems and the proposed solutions. With that input, along with comments received from the various policy committees, the League Board will be in the best position to make decisions about the content of the 1996 Legislative Action Agenda. On behalf of the Board of Directors and staff,please accept my sincere thank you for your contribution to this most important process. Sincerely, Karen Anderson League President Mayor, City of Minnetonka AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER (612)490-5600 1-800-925-1122 TDD1612 I 490-9038 Fax(612)490-0072 CONTENTS Letter from the League President General Policy Statement iii League Staff iv Legislative Policy Committee Members v Policy Development Process vii Statement of Intent viii PART I -- 1996 POLICY GUIDELINES Improving Community Life CL-1. Livable Communities 1 PART II -- 1996 CITY POLICIES • Improving Fiscal Futures FF-1. Local Government Aid 3 FF-2. Transfers of LGA/HACA to Schools 3 FF-3. HACA Growth 4 FF-4. Levy Limits and Property Tax Freeze 4 FF-5. Circuit Breaker and Targeting on the Property Tax Statement 4 FF-6. Constitutional Amendment for School Finance 5 FF-7. Taxation of Municipal Bond Interest 5 FF-8. City Fiscal Year 5 FF-9. Sales Tax on Local Government Purchases 6 FF-10. Delinquent Property Tax Penalties 6 FF-11. Payments for Services to Tax-Exempt Property 7 FF-12. Basis of Tax Levies 7 FF-13. Truth-in-Taxation 7 FF-14. State Deductions from LGA 8 FF-15. Reporting Requirements 8 Improving Local Economies LE-1. Adequate Funding for Transportation 9 LE-2. City Role in Telecommunications 10 LE-3. Tax Increment Financing 12 LE-4. Economic Development Programs 12 LE-5. Growth Management and Annexation 13 LE-6. Restrictions on Revenue to Pay LGA/HACA Penalties 15 LE-7. Housing 15 1995 City Policies LE-8. State Aid for Urban Road Systems 16 LE-9. City Cooperation With Counties and Schools in Economic Development . . . . 16 LE-10. State Aid Roads in Cities Under 5,000 17 LE-11. Turnbacks of County and State Roads 18 LE-12. Cooperation Between Counties and Cities Over County Roads Within Cities . 18 LE-13. Nuclear Waste Management 19 Improving Service Delivery SD-1. Redesigning and Reinventing Government 20 SD-2. Unfunded Mandates 21 SD-3. Civil Liability of Local Governments 22 SD-4. Environmental Protection 23 SD-5. Personnel 25 SD-6. Absentee Voting 26 SD-7. Statewide Voter Registration System: Access and Voter Registration Cards . . 27 SD-8. Write-in Candidates • 28 SD-9. Election Judge Appointments 28 SD-10. Local Election Authority 29 SD-11. Restricting Campaign Signs Near Polling Places 29 ii League of Minnesota Cities General Policy Statement One of the most important purposes of the League of Minnesota Cities is to serve as a vehicle for cities to define common problems and develop policies and proposals to solve those problems. The League of Minnesota Cities represents 811 of Minnesota's 854 cities as well as 11 urban towns and 24 special districts. All sizes of communities are represented among the League's members (the largest nonmember city has a population of 149) and each region of the state is represented. The policies that follow are directed at specific city issues. Two principles guide the development of all League policies. 1. There is a need for a governmental system which allows flexibility and authority for cities to meet challenges of governing and providing citizens with services while at the same time protecting cities from unfunded or underfunded mandates, liability or other financial risk, and restrictions on local control; and 2. The financial and technical requirements for governing and providing services necessitate a continuing and strengthened partnership with federal, state, and local governments. This partnership particularly in the areas of finance, development, housing, environment, and transportation is critical for the successful operation of Minnesota's cities and the well-being of city residents. • • 1996 City Policies iii LEAGUE STAFF WORKING WITH STATE AND FEDERAL ISSUES Jim Miller, Executive Director Mandates Gary Carlson, Director of Intergovernmental Relations General revenue sources for cities including aid to cities and the property tax system, fiscal administration of cities, economic development and redevelopment, transportation Duke Addicks, Director of Member Services Policy formulation, fiscal issues, government innovation and cooperation Stan Peskar, General Counsel Pensions Joel Jamnik, Senior Intergovernmental Relations Representative Growth management and land use, environmental protection, personnel and labor relations, public safety, general municipal governance, transportation Ann Higgins, Intergovernmental Relations Representative Telecommunications, housing, elections and ethics, utility service districts, transportation Andrea Atherton, Intergovernmental Relations Representative Tax increment financing, land use, ethics, economic development and redevelopment, fiscal issues, housing iv League of Minnesota Cities • Legislative Policy Committee Members Improving Community Life Terri Heaton, Deputy Director Admininistrative Services, Bloomington Robert Benke, Chair, Mayor, New Brighton Patrick Hentges, City Manager, Columbia Heights Greg Sparks, Vice Chair, City Administrator, Blaine Hill, Clerk-Treasurer, Breckenridge Worthington Susan Hoyt, City Administrator, Falcon Heights Jeanne Andre, Assistant to Manager/HRA Greg Isaackson, Clerk-Administrator-Treasurer, Coordinator, Golden Valley Cottonwood Jack Barlow, Councilmember, Lauderdale Barbara Jeanetta, Assistant to City Manager, New Jan Callison, Councilmember, Minnetonka Brighton Joan Canipbell, Councilmember, Minneapolis Larry Jerviss, City Administrator, Houston Kathleen Carmody, Councilmember, Brooklyn Elizabeth Kautz, Mayor, Burnsville Center Jim Keinath, City Administrator, Circle Pines John Doyle, Councilmember, Marshall Duane Knutson, Mayor, Fertile Sharon Feess, Councilmember, Brooklyn Park Sharon Legg, Finance Director, Coon Rapids Dorothy Fleming, Councilmember, St. Anthony Millie MacLeod, Councilmember, Moorhead Sue Gehrz, Councilmember, Falcon Heights Steven Mielke, City Manager, Hopkins Wendy Gorham, Councilmember, Mora Ed Mlynar, Mayor, Lester Prairie Fran Hesch, Councilmember, Hopkins John Moir, City Finance Officer, Minneapolis Nancy Jorgenson, Councilmember, Fridley Gary Neumann, Assistant City Administrator, Sandy Masin, Councilmember, Eagan Rochester Mac McBride, Finance Director, St. Louis Park Karl Nollenberger, Chief Administrative Officer, Roberta Megard, Councilmember, St. Paul Duluth Nancy Mikitta, Council President, Red Wing Steve Okins, Finance Director, Willmar Mari Moen, Councilmember, Oakdale Steve Perkins, Council Administrator,Red Wing Deb Moran, Councilmember, Burnsville John Remkus, Finance Director, West St. Paul Larry Nicholson,Councilmember, Moorhead David Schornack, City Administrator, Fairmont Wayne Oak, Mayor, Sandstone James Smith, Councilmember, Independence Joy Robb, Mayor, Robbinsdale Peter Stolley, City Administrator, Northfield Jolie Sasseville, Public Information Officer, Fergus David Stutelberg, Finance Director, St. Peter Falls David Urbia, City Administrator, Blue Earth Betty Sindt, Councilmember, Lakeville Daniel Urshan, Mayor, Hermantown Gene VanOverbeke, Finance Director-City Clerk, Improving Fiscal Futures Eagan Dan Vogt, City Administrator, Brainerd Alcuin Ringsmuth, Chair, Mayor, Waite Park Chuck Armstrong, Intergovernmental Relations Improving Local Economies Director, St. Paul William Bassett, City Manager, Mankato Kevin Frazell, Chair, City Administrator, Cottage Lynn Becklin, Councilmember, Cambridge Grove Doug Bunkers, City Administrator, Luverne Rosemary Given Amble, Vice Chair, Edward Burrell, Finance Director, Roseville Councilmember, Bemidji Thomas Burt, City Administrator,Rosemount Roberta Anderson, City Administrator, Norwood Gino Businaro, Finance Director, Mound Chuck Armstrong, Intergovernmental Relations Dave Childs, City Manager, Minnetonka Director, St. Paul Terry Dussault, Assistant to City Manager, Blaine Cathy Bennett, Economic Development Coordinator, Dan Faust, Finance Director, Maplewood Mounds View Steve Froehlich, Councilmember, Lauderdale Jerry Bohnsack, City Administrator/Clerk, New Mary Gover, Councilmember, St. Peter Prague Alvin Gruis, Councilmember, Rushmore Gerald Breuer, City Administrator, Staples Francis Hagen, City Manager, Robbinsdale Ralph Campbell, Communications Director, Edina Lyle Hanks, Mayor. St. Louis Park Bonnie Carlson, Asstistant City Manager, Prior Lake 1996 City Policies v Romeo Cyr, Mayor, Red Wing Betty Zachmann, Clerk-Treasurer, Winsted James Daniels, Administrator, Lake Minnetonka Bob Zagaros, Councilmember, Robbinsdale Communications Commission, Excelsior Dan Donahue, City Manager, New Hope Improving Service Delivery Joe Enge, Councilmember, Brooklyn Park JoAnne Foust, Community Development Director, Joyce Twistol, Chair, Clerk/Personnel Director, St. Peter Blaine Brian Fritsinger, Community Development Director, Neill Atkins, Councilmember, Duluth Arden Hills Richard Bradford, Administrative Superintendent, Jim Froehle, Public Information Specialist, Fridley Hoyt Lakes Matt Fulton, City Manager, New Brighton Francene Clark/Leisinger, City Clerk, Mound Tom Hansen, Deputy City Manager, Burnsville Patricia Crawford, Clerk-Treasurer, Motley Tom Harmening, Community Development Jerry Dulgar, City Manager, Crystal Director, Hopkins Thomas Ferber, City Clerk, Richfield Duane Hebert, City Administrator, Renville Kelly Frawley, Assistant Administrator, Cottage Jon Hohenstein, Assistant to Administrator, Eagan Grove Jim Hurm, City Administrator/Clerk, Shorewood Theresa Goble, Deputy City Clerk, Brainerd Matthew Hylen, City Administrator, Hector Jean Gramling, Administrative Assistant, Savage Ron Johnson, Administrator-Clerk-Treasurer, Mary Helen Guzek, Intergovernmental Relations Zumbrota Assistant, St. Paul Richard Krier, City Planner, Greenfield Ken Hartung, City Administrator, Bayport Harry Lyon, Jr., Councilmember, North St. Paul Les Heitke, Mayor, Willmar Michael Martin, Community Development Director, Sue Hess, Councilmember, St. Cloud Caledonia Marvin Johnson, Mayor, Independence Jean McConnell, Councilmember, Rochester Mike Johnson, City Administrator, Marshall Charles Meyer, City Manager, St. Louis Park Daniel Jordet, City Administrator, St. Peter Robert Morgan, City Administrator, Young Mark Karnowski, City Administrator, Lindstrom America Greg Konat, City Manager, Burnsville Jim Norman, City Manager, Montevideo Laura Kushner, Assistant City Manager, Crystal John O'Rourke, Mayor, Austin Sharon Leintz, City Clerk, Maple Lake Bruce Peterson, Community Development Director, Ann Lenczewski, Councilmember, Bloomington Willmar Joe Lynch, City Administrator, Long Lake Mike Reardon, Cable Coordinator, Burnsville and Cathy Magnus, Clerk/Administrator, Slayton Eagan Myrna Maikkula, City Clerk, Brooklyn Park Kent Robbins, Council Aide, Minneapolis Mark Nagel, City Manager, Anoka Steve Sarkozy, City Manager, Roseville Desyl Peterson, City Attorney, Minnetonka Terry Schneider, Councilmember, Minnetonka Dawn Postudensek, Administrative Intern, Mounds Ryan Schroeder, City Administrator, Ramsey View Doug Schulze, City Administrator, Sandstone Charlotte Samuelson, Councilmember, New Robert Skillings, Councilmember, New Ulm Brighton Marsha Soucheray, Councilmember, Shoreview Dan Scott, City Manager, North St. Paul . Ginny Sterling, Councilmember, Apple Valley Jeanette Sobania, Personnel Coordinator, Plymouth Terry Stone, Mayor, Madelia Glenda Spiotta, Administrator, Carver Robert Therres, City Administrator-Clerk- Joyce Swadner, Director of Elections, Minneapolis _ Treasurer, Sarte11 Blair Tremere, Mayor, Golden Valley William Thompson, Mayor, Coon Rapids Kurt Ulrich, City Administrator, Champlin Joy Tierney, Mayor, Plymouth Mark Voxland, Councilmember, Moorhead Craig Waldron, City Administrator/Clerk, Oakdale Susan Walsh, Clerk, Rosemount Ron Wasmund, Community Development Director, Liz Witt, Deputy Clerk/Admininistrative Assistant, Rosemount Eagan Tom Wenner, City Attorney--Rice, Richmond, Krista Witty, MVCOG Executive Director, Mankato Royalton, Rockville, Pierze Wally Wysopal, Assistant to Manager/Personnel Denny Wilde, City Administrator, Paynesville Officer, St. Louis Park vi League of Minnesota Cities League of Minnesota Cities Policy Development Process The League's policy development process has taken place over the past five months. The process began with a member survey of priority issues facing city officials. The process will not end with the policy adoption conference. The committees will schedule additional meetings during the upcoming legislative session to discuss additional issues, develop alternative solutions and to discuss strategies to implement the League's policies. Listed below is a brief chronology of the major events in the policy development process. At each step, members have the opportunity to participate in the development process. April/May The League solicits members for ideas and problems. A survey at the Annual Conference allows members to formally suggest topics. June The League President accepts applications for committees and appoints policy committee members. The policy committees are: Improving Community Life Committee Improving Fiscal Futures Committee Improving Local Economies Improving Service Delivery July Committees meet to discuss issues raised in member survey. Commitees can also form task forces to more thoroughly study specific issues. Task forces can include noncity members with a knowledge of the focus issue. August Committees and task forces meet to discuss issues and problems, accept through testimony and develop policy statements. September October Legislative Committee meets to finalize policies. The Legislative Committee is comprised of the League's Board of Directors and the chairs of the four League policy committees. November Policy Adoption Conference. Members hae the opportunity to discuss the draft policies, propose changes, and suggest additional policies for membership consideration. December The Board adopts the Legislative Action Plan, based on input from the Policy Adoption Conference. January Legislative Session. During the session, the policy committees and task forces through will continue to meet on issues and strategies. Members can assist the League's May legislative efforts by volunteering to contact legislators on the variety of issues of interest to our cities. 1996 City Policies vii STATEMENT OF INTENT There are many problems which limit the effectiveness of city government to improve community life, improve the fiscal future and service delivery of city government, and to improve the local economy. What follows are statements of the problems facing cities and the solutions proposed to help resolve these problems. These statements of problems and proposed solutions form the policy of the League of Minnesota Cities. Additional and alternative solutions to these problems may be proposed after the Policy Adoption Conference and the members of the League authorize its Board of Directors to consider and support additional or alternative solutions, if necessary, to resolve the problems identified in this policy statement. viii League of Minnesota Cities Part I 1996 Policy Guidelines IMPROVING COMMUNITY LIFE CL-1. Liveable Communities To the greatest extent possible, legislation affecting communities at the state and federal level should enhance, not diminish, the ability of citizens, businesses, and local governments to work together in partnership to make every community "livable." PROBLEM: Cities in Minnesota are at various stages in meeting the goal of being "livable communities." SOLUTION: The definition of a "livable community" below will be used to evaluate proposed legislation to determine whether or not it advances the goal of enabling all Minnesota cities to become livable communities. It should also be used by cities to evaluate their progress toward the goal of becoming livable communities. A LIVABLE COMMUNITY IS: WHERE PEOPLE OF ALL AGES • share a core of common values including valuing diversity, respect for each other, and good citizenship • feel: * safe * a sense of belonging * welcome • engage in life-long learning activities that: * prepare them for responsible citizenship * enhance the enjoyment of life * prepare them for changing job markets • participate in the decision-making process of community leaders • celebrate community • want to make their home • have access to: * good paying jobs * adequate and affordable housing 1996 City Policies 1 * choice of efficient transportation systems including transit, pedestrians, and bicycles * gathering places * desired information * choice of cultural and recreational activities * affordable goods and services, including health care • are involved in the nurturing of children • care about their homes, community, and the environment • get to know each other • have the benefit of strong family support and nurturing adults • WHERE LOCAL GOVERNMENT • is responsive to the needs of its citizens • is actively supported by enthusiastic volunteers • is open and user friendly • encourages and implements cooperation and collaboration • provides and maintains an adequate infrastructure to meet local needs • educates citizens on local, regional, and state issues • informs and communicates with citizens to foster participation in public policy decision- making • participates in youth development 2 • League of Minnesota Cities Part II 1996 City Policies Improving Fiscal Futures 1 FF-1. Local Government Aid 2 Problem: Although the LGA inflation index established by the 1994 Legislature will 3 ensure modest growth in the LGA appropriation, it will only maintain the program at a 4 constant dollar level. This will not reverse the trend toward increased city reliance on the 5 property tax and rapid property tax growth. 6 Solution: The implicit price deflator index should continue to be used to maintain 7 LGA at a constant, inflation-adjusted level. In addition, lawmakers should provide 8 additional state resources for further increases in LGA to reverse the rapid growth in 9 the reliance on the property tax. 10 FF-2. Transfers of LGA/HACA to Schools 11 Problem: Past shifts of city LGA and HACA to schools provided only imaginary relief 12 from rapidly rising school property taxes. Any additional shift of city LGA and HACA 13 will likely have a similar impact on future school property taxes. Also, new shifts will 14 increase the tax rate disparities between cities and townships and irreparably damage the 15 equalization benefit of LGA and HACA. 16 Solution: Any increase in the state's share of school revenues should come from 17 sources other than further transfers from city property tax relief programs. 1996 City Policies 3 1 FF-3. HACA Growth 2 Problem: Homestead and Agricultural Credit Aid for cities does not increase as the 3 number of benefited properties increases. As a result, property tax relief for new parcels 4 is actually provided by shifting taxes to other property owners. In addition, the property 5 tax relief provided through HACA is not adjusted to keep pace with inflation. 6 Solution: The household growth adjustment should be reinstated and an inflationary 7 adjustment should be established for future city HACA distributions. 8 FF-4. Levy Limits and Property Tax Freeze 9 Problem: In the past, levy limits have proven to be an ineffective and inefficient way to 10 limit property tax growth. Control of property taxes through the local budget process and 11 taxation hearings provides a more effective method of oversight. 12 Solution: Levy limits or a property tax freeze should not be imposed on cities. 13 FF-5. Circuit Breaker and Targeting on the Property Tax Statement 14 Problem: Beginning in 1998, the circuit breaker and targeting payments which are 15 currently made directly to individuals will be converted to a property tax statement credit 16 and payments will be made directly to local units of government. As such, the funding 17 for the program could be reduced without directly impacting the taxpayer but with 18 substantial financial impact on local units of government. 19 Solution: The circuit breaker should remain a direct payment to taxpayers. The 20 1995 law should be repealed. 4 League of Minnesota Cities • 1 FF-6. Constitutional Amendment for School Finance 2 Problem: Legislative leaders are discussing a vague constitutional amendment that would 3 allow the voters to decide if K-12 schools should be financed with property taxes. 4 Solution: Any constitutional amendment to define the state's commitment to schools 5 must specifically identify what source of revenue will finance the additional 6 commitment to schools. In addition, the amendment must guarantee that any 7 additional state resources for schools will translate into an actual overall reduced 8 reliance on the property tax and not adversely affect the quality of education in 9 Minnesota. 10 FF-7. Taxation of Municipal Bond Interest 11 Problem: The state law that grants a tax exemption for municipal bond interest is being 12 reviewed and could be repealed. A repeal of this exemption will raise borrowing costs for 13 cities ata time when budgets are extremely tight and property tax increases are 14 unacceptable to the taxpayer. 15 Solution: The state should maintain the tax exemption for municipal bond interest 16 income. 17 FF-8. City Fiscal Year 18 Problem: The fiscal years for the state and cities are offset by 6 months. The state fiscal 19 year begins on July 1 while the city fiscal year begins on January 1. Lawmakers have 20 proposed changing the city fiscal year to coincide with the state. Such a change, while • 1996 City Policies 5 1 providing questionable benefits for cities, would no longer correspond with the current 2 property tax cycle, impair historical comparisons of data, force cities to retool accounting 3 systems, and could result in state funding gaps. 4 Solution: The state should not change the city fiscal year to coincide with the state 5 fiscal year. 6 FF-9. Sales Tax on Local Government Purchases 7 Problem: In 1992, the Legislature repealed the sales tax exemption for local government 8 purchases. This action increased the costs for local governments and local property taxes 9 by nearly $70 million. This repeal has effectively increased local property taxes to 10 finance state operations. 11 Solution: The state should reinstate the sales tax exemption for all local government 12 purchases. 13 FF-10. Delinquent Property Tax Penalties 14 Problem: Although city finances are affected by property tax delinquencies, cities do not 15 receive any associated penalties and interest on these delinquencies. Penalties and interest 16 are split evenly between counties and schools. 17 Solution: Cities should receive their pro-rata share of all penalties and interest 18 collected on delinquent property taxes. 6 League of Minnesota Cities 1 FF-11. Payments for Services to Tax-Exempt Property 2 Problem: Taxable property in many cities is being acquired by nonprofit and government 3 entities. Converting the property to tax-exempt status can lead to a serious tax base 4 erosion without any corresponding reduction in the service needs created by the property. 5 Solution: Cities should be allowed to collect payments in-lieu of property taxes or 6 special assessments from nonconstitutionally exempt property owners. 7 FF-12. Basis of Tax Levies (NOTE: At the October 19 meeting, the Legislative 8 Committee authorized staff to draft language consistent with committee discussion to 9 clarify the policy. The draft language will be presented to the November 16 meeting of 10 the Board of Directors for their approval and submitted to the membership for 11 consideration at the Policy Adoption Conference on November 17.) 12 Problem: Applying any levies to market value, adds complexity to the property tax 13 system and confuses taxpayers. 14 Solution: All property taxes should be based on the same tax base. 15 FF-13. Truth-in-Taxation 16 Problem: The Legislature has mandated how property tax relief is calculated on tax 17 statements. These calculations have no relationship to actual local receipts for Homestead 18 and Agricultural Credit Aid. 19 Solution: In the spirit of real truth-in-taxation, property tax statements should 20 accurately reflect the actual amount of HACA benefiting each individual property 21 owner. 1996 City Policies 7 1 FF-14. State Deductions from LGA 2 Problem: State administrative costs are deducted from the LGA appropriation. This 3 reduces the property tax relief provided by LGA and creates hidden appropriations for 4 state agencies. 5 Solution: All appropriations that fund state operations from LGA resources should 6 be repealed. 7 FF-15. Reporting Requirements 8 Problem: Budget and financial reporting requirements imposed on cities by the state often 9 result in duplication and additional costs. Solution: Additional requirements for reporting and advertising financial and budget information should be carefully weighed to balance the validity of the state's need for additional information with the costs and burdens of compiling and submitting this information. In addition, all state agencies should be aware of the information already required by others to avoid duplication of reporting requirements. 8 League of Minnesota Cities Improving Local Economies 1 LE-1. Adequate Funding for Transportation 2 Problem: Current funding for roads and for transit systems across all government levels 3 in the state is not adequate. 4 Solution: Minnesota should value, and adequately fund, all transportation systems in 5 the state. The state needs to provide an objective basis to determine the complete 6 needs of the road and transit systems, their present condition, and their impact on the 7 economic health of the state. This should include acknowledgement that delaying 8 current expenditures will increase costs in the future. Cities support an increase in 9 the gas tax and urge the Legislature to institute additional revenue sources that can 10 be dedicated to transportation programs. Cities should receive revenues necessary to 11 meet present and future transportation needs. If funding does not come from the 12 state, cities should have funding options available to them to raise the dollars 13 necessary to adequately fund roads and transit. 14 With the exception of funding for the state patrol, all nontransportation programs 15 should be funded from a source other than the highway user distribution fund. The 16 revenues of the highway user distribution fund are collected from transportation 17 users and should be dedicated to transportation-related services. 1996 City Policies 9 1 LE-2. City Role in Telecommunications 2 Problem: State and local response to federal and state telecommunications deregulation 3 and the convergence of information technologies has been largely unfocused. 4 Policymakers, regulators, telecommunications providers, and users have not given 5 sufficient attention to the importance of involving cities in designing local infrastructure to 6 provide universal access and services to create a community-based, interconnected 7 information infrastructure. 8 Solution: Cities must play a direct role in partnership with state and local 9 government entities, schools, libraries, higher educational institutions, 10 telecommunications service providers, and community residents to design local, 11 regional, and statewide information infrastructure. The goal of such endeavors 12 should be to assure that the public and communities throughout the state can improve 13 delivery of services, enlarge educational and economic opportunities, and assure that 14 public access and public space is available to connect citizens with their government. 15 The League recommends that the following actions be taken to implement these 16 objectives: 17 • include representatives of rural areas and small businesses in the development 18 of Minnesota Public Utilities Commission (MPUC) rules on competitive entry 19 of local and long-distance telecommunications services; 20 • work with the Federal Communications Commission and the Minnesota Public 21 Utilities Commission to urge adoption of uniform technical and service 22 standards for information infrastructure construction and operation; 23 • work with the Minnesota Department of Public Service to assure that the 10 League of Minnesota Cities ANNimumimummi 1 studies of municipal franchise fees and public access conducted by the 2 department are thorough and accurate and that cities are kept informed of the 3 analysis as well as the timely reporting of results to the Legislature; 4 • urge Congress and the Legislature to uphold local authority to require 5 telecommunications service providers to obtain permits; follow standards for 6 installation, replacement, and removal of facilities and equipment; and to 7 obtain from those providers a fair and just and appropriate level of 8 compensation for continued use of the public right-of-way which is 9 competitively neutral and reflects market conditions and actual cost of 10 delivering services at the local level; 11 • broaden the definition of universal service to include interoperability and 12 open architecture for all information and communications services offered by 13 telecommunications companies and service providers; 14 • identify universal access as the state's highest priority for development of a 15 statewide telecommunications plan to assure that community and regional 16 information infrastructure is designed and operated to meet local needs, 17 including maintenance of public access services; and 18 • increase the understanding of city officials, the public, and business owners 19 about the benefits and importance of information technologies and services 20 and to develop leadership and broad community and economic development 21 partnerships at the local level. 1996 City Policies 11 1 LE-3. Tax Increment Financing 2 Problem: The LGA/HACA aid penalty and recent legislative reforms have significantly 3 dampened the use of tax increment financing. Despite changes enacted in 1995 that 4 provided an alternative to the LGA/HACA penalty, many cities remain unable to use tax 5 increment financing to encourage development and redevelopment. Any property tax 6 reform proposals could adversely affect the financial viability of existing tax increment 7 financing districts and the security of outstanding bonds. 8 Solution: 9 The Legislature should not make further restrictive changes to the tax increment 10 statutes until the impacts of past changes can be thoroughly evaluated. The 11 Legislature should also study tax increment financing to see if the restrictions are 12 unfairly impacting certain cities. If inequities or other barriers are discovered, the 13 Legislature should provide limited exceptions or specific waivers to allow for equal 14 access to the tax increment tool. Any property tax reform proposal must include a 15 provision to hold harmless existing tax increment financing districts. 16 LE-4. Economic Development Programs 17 Problem: The Economic Recovery Grant program is not adequately funded. The state 18 does not authorize an adequate slate of tools for local governments to assist job creation, 19 redevelop blight and decay, and provide adequate housing choices. Cities are not well 20 equipped to compete nationally and internationally for business development. 12 League of Minnesota Cities 1 Solutions: 2 • Any LGA/HACA penalty revenues should be contributed to the Economic 3 Recovery Grant Program. These funds would then be available for cities to 4 retain businesses in the state and to attract business looking to relocate from 5 other states. 6 • The Economic Recovery Grant Program should be continued and clear rules 7 established to govern its use. The state and federal funds that fund this 8 program should also be allocated throughout the year to help ensure that 9 projects across the state have access to the grants. 10 • Cities should be given authority for property tax abatements as another 11 economic development tool. 12 • The state should continue its commitment to clean up non-Superfund sites in 13 order to encourage and facilitate economic development. 14 • Congress should remove the caps that have been placed on Industrial 15 Development Bonds and acknowledge that the extensive eligibility 16 requirements now adequately limit their use. 17 LE-5. Growth Management and Annexation 18 Problem: Unplanned and uncontrolled urban growth has a negative environmental, fiscal, 19 and governmental impact for cities, counties, and state governments because it increases 20 the costs of providing government services and results in the loss of natural resource areas 21 and prime agricultural land. 1996 City Policies 13 1 Solutions: The League believes that the existing framework for guiding growth and 2 development primarily through local plans and controls adopted by local governments 3 should form the basis of a statewide planning policy and that the state should not 4 adopt a comprehensive statewide planning process. Rather, the state should: 5 • provide additional financial and technical assistance to local governments for 6 cooperative planning and growth management issues, particularly where new 7 comprehensive plans have been mandated by the Legislature; 8 • clearly establish the public purposes served by existing statewide controls such 9 as shoreland zoning and wetlands conservation; clarify, simplify, and 10streamline these controls; eliminate duplication in their administration; and 11 fully defend and hold harmless any local government sued for a "taking" as a 12 result of executing state land use policies; 13 • give cities broader authority to extend their zoning, subdivision, and other 14 land use controls up to two miles outside the city's boundaries regardless of 15 the existence of county or township controls, in order to ensure conformance 16 with city facilities and services; 17 • clearly define and differentiate between urban and rural development and 18 restrict urban growth outside city boundaries; 19 • repeal the authority of the pollution control commissioner to require cities to 20 provide city services absent full inclusion of the affected property within the 21 community through annexation; 22 • require the Metropolitan Council to seek cooperation from the State of 23 Wisconsin and counties (both Minnesota and Wisconsin) surrounding the 14 League of Minnesota Cities • 1 metropolitan area to ensure responsible and controlled development, study 2 expansion of Metropolitan Council authority in surrounding counties, and 3 examine the positive and negative impacts of mandatory regional or local land 4 use controls and state-imposed development standards; and 5 • facilitate the annexation of urban land to cities by amending state statutes 6 regulating annexation to make it easier for cities to annex developed or 7 developing land within unincorporated areas. 8 LE-6. Restrictions on Revenue to Pay LGA/HACA Penalties 9 Problem: There are many restrictions on the sources of revenue available for cities to 10 use to pay the LGA/HACA penalty that is imposed on most new TIF districts. 11 Solution: If the LGA/HACA penalty is intended to reimburse the state for additional 12 costs for the school aid program, state restrictions on the source of the "penalty" are 13 not appropriate. There should be no limitations on the city's payment of the penalty; 14 tax increments, developer participation, or other sources should be eligible. 15 LE-7. Housing 16 Problem: The availability and affordability of housing remains a problem throughout 17 Minnesota. Further, the condition of some houses negatively affects neighboring 18 properties. 19 Solutions: 20 • Federal and state financial resources should be committed to promote housing 21 opportunities for low- and moderate-income citizens. 1996 City Policies 15 1 • The creation of a statewide housing maintenance code and streamlined 2 enforcement mechanism should be studied and implemented if appropriate. 3 • Mortgage foreclosure and redemption should be streamlined and the 4 redemption period shortened to facilitate the resale, improvement, or removal 5 of abandoned or nuisance properties. 6 LE-8. State Aid for Urban Road Systems 7 Problem: Current rules governing municipal state aid expenditures are restricting the 8 efficient use of these funds and do not adequately acknowledge the constraints of road 9 systems in urban city environments. 10 Solution: Rules affecting the municipal state aid system need to be changed to 11 acknowledge the technical and practical restrictions on construction and 12 reconstruction of urban road systems. New municipal state aid design standards 13 should not apply to reconstruction of existing state aid streets that were originally 14 constructed under different standards. Future changes to state aid rules should 15 improve the balance of elected officials and engineering professionals in the decision- 16 making process. 17 LE-9. City Cooperation With Counties and Schools in Economic 18 Development 19 Problem: Counties and schools frequently want to play a greater role in cities' 20 development decisions. 16 League of Minnesota Cities 1 Solution: The current "review and comment" requirements are an appropriate 2 mechanism to involve schools and counties in city economic development efforts. 3 LE-10. State Aid Roads in Cities Under 5,000 4 Problem: Cities under 5,000 population do not receive any nonproperty tax funds for 5 their collector and arterial streets. 6 Solution: State statute should be modified to encourage cooperation and improved 7 transportation systems by allowing contiguous cities that jointly represent a combined 8 population of 5,000 or more to be eligible for Municipal State Aid (M.S.A.). 9 Participating cities would enter into a formal joint powers agreement and establish a 10 joint budget that would be governed by a board of elected officials. Cities that 11 participated in this joint entity would not be required to undertake any formal 12 consolidation activities. 13 Cities under 5,000 population that were not eligible for M.S.A. through this 14 cooperative agreement practice should be able to use county municipal accounts and 15 the five percent account of the highway user distribution fund. 16 Uses of county municipal accounts should be statutorily modified so that counties can 17 dedicate these funds for local arterials and collector streets within cities under 5,000 18 population. In addition, the five percent set-aside account in the highway user 19 distribution fund should be used to meet this funding gap. 1996 City Policies 17 1LE-11. Turnbacks of County and State Roads 2 Problem: As road funding becomes increasingly inadequate, more roads are being 3 "turned back" to cities from counties and the state. 4 Solution: Turnbacks should not occur without direct funding or transfer of a 5 funding source. A process of negotiation and mediation should govern the timing, 6 funding, and condition of turned-back roads. City taxpayers should receive the same 7 treatment as township taxpayers. The requirement for a public hearing, standards 8 about the conditions of turnbacks, and temporary maintenance funding should also 9 apply to county turnbacks to cities. At a minimum, proposed roads to be turned 10 back to a lower government level should be brought up to the standards of the 11 receiving government or should be compensated with a direct payment. Direct 12 funding should be provided for smaller cities that are not provided with turnback 13 financing through the municipal state aid system. 14 LE-12. Cooperation Between Counties and Cities Over County Roads 15 Within Cities 16 Problem: Some counties want increased control over county roads that lie within city 17 boundaries. 18 Solution: A formal system of mediation should be implemented to help resolve 19 technical and aesthetic decisions about county and county state-aid roads within 20 cities. A negotiated system of review will offer both governments the opportunity to 21 produce better road projects. Local city and county officials should use available 18 League of Minnesota Cities 1 opportunities for alternate dispute resolution of the issues. Universal arbitration by 2 unaffected parties should not supersede local authority. 3 LE-13. Nuclear Waste Management 4 Problem: Congress enacted the Nuclear Waste Policy Act in 1982 to codify the 5 responsibility of the Department of Energy to provide for the safe and timely acceptance 6 of commercially-generated spent nuclear fuel by 1998 in exchange for payments by 7 electric utility ratepayers into the Federal Nuclear Waste Fund. Since 1983, $10 billion 8 has been committed into the fund, and the federal government is still not prepared to live 9 up to Congress' directive to accept spent nuclear fuel. 10 The Department of Energy believes the earliest date for a permanent repository is the year 11 2010. It is imperative that the federal government fulfill its obligation to begin accepting 12 spent nuclear fuel. 13 Solutions: 14 • Construct and operate a safe national interim spent fuel storage facility 15 capable of allowing the DOE to begin accepting spent fuel in 1998. 16 • Develop multi-purpose canisters for transportation, storage, and disposal of 17 spent nuclear fuel. 18 • Construct and operate a safe, permanent disposal facility. 19 • Create a budget mechanism to allow the Nuclear Waste Fund to be used for 20 the purpose for which the funds were contractually paid for by users of 21 nuclear-generated electricity. 1996 City Policies 19 Improving Service Delivery 1 SD-1. Redesigning and Reinventing Government 2 Problem: Every level of government is reevaluating, reprioritizing, redesigning, and 3 renewing its organizational structure and programs in response to financial realities and 4 citizens' needs and problems. Reforms, however, must be more than simply change for 5 the sake of change or a reshuffling of existing programs to appease the electorate. To be 6 meaningful, reorganization and reassignments of governmental entities and services should 7 save money where feasible, deliver improved services, serve essential needs and be 8 equitably structured. Cities have and will continue to pursue the use of cooperative 9 agreements, the reevaluation of city programs and services, and changes to organizational 10 structures. 11 Solutions: 12 The federal, state, and county governments should: 13 • promote local efforts through incentives rather than mandates; 14 • communicate and establish a process of negotiation before shifting 15 responsibility for delivering services from one level of government to another 16 or seeking to reduce service duplication; 17 • transfer authority for use of revenues dedicated to such programs or provide 18 appropriate and adequate alternatives; 19 • identify and repeal programs or discontinue services which are no longer 20 necessary or which can readily and fairly be provided by the private sector; 21 and • 20 League of Minnesota Cities 1 • employ existinggovernment y go ernment entities in redesign efforts rather than create new 2 agencies or units. 3 The League supports cooperative studies of the following issues: 4 1) whether the enforcement of human rights laws can best be accomplished by 5 a single state system which would allow local governments to discontinue local 6 enforcement programs; 7 2) whether there should be greater use of statewide or consolidated business 8 licensing, including licensing of sign contractors, to eliminate the need for some 9 businesses to obtain a permit in each city or county; 10 3) whether the existing use and structure of Regional Development 11 Commissions can be improved; 12 4) whether greater use can be made of block grants to distribute funds related 13 to transportation, sewage treatment, and public water facilities; 14 5) whether human services and health programs can be improved by further 15 consolidating their administration at the state and county levels of government; and 16 6) whether state and federal environmental and water agencies can be 17 combined or eliminated to avoid inconsistent standards and duplication of 18 responsibilities. 19 SD-2. Unfunded Mandates 20 Problem: The cost of federal and state mandated programs substitute the judgment of 21 Congress and the President and the Legislature and the Governor for local budget 1996 City Policies 21 1 priorities. These mandates force cities to reduce funding for other basic services or to 2 increase taxes and service charges. The passage by Congress of legislation restraining new 3 federal mandates should help address the problem, but other steps are still necessary. 4 Solutions: 5 • Existing unfunded mandates should be reviewed and modified or repealed 6 where possible. 7 • No additional statewide mandates should be enacted unless full funding for the 8 mandate is provided by the level of government imposing it or.a permanent 9 stable revenue source is established. 10 • Cities should not be forced to comply with unfunded mandates. 11 • Cities should be given the greatest flexibility possible in implementing 12 mandates to ensure that their cost is minimized. 13 SD-3. Civil Liability of Local Governments 14 Problem: One of the barriers to the delivery of governmental services and programs is 15 the exposure of local governments and their officials to civil damage claims. The state 16 has acted to protect itself and its local governments by enacting exceptions and limitations 17 to liability suits and authorizing self-insurance and other mechanisms to deal with claims 18 allowed by law. 19 Solutions: The League supports: 20 • retaining dollar limitations on governmental liability and periodically 21 reviewing and adjusting them in order to ensure market adequacy (the League 22 supports increasing the tort liability limits for both the state and its political 22 League of Minnesota Cities 1 subdivisions to $250,000 for any single claimant and $750,000 for all claimants 2 in a single occurrence effective January 1, 1997, and increasing the occurrence 3 limitation to $1,000,000 effective January 1, 2000; 4 • eliminating joint and several liability, or severely restricting its application to 5 situations where private or public tortfeasors are substantially at fault for the 6 damages incurred; 7 • extending the protection of the state and municipal tort claims act to quasi- 8 governmental entities when performing public services such as firefighting; 9 and 10 • existing constitutional safeguards for protecting public and private property 11 interests without any statutory expansion of property rights. 12 SD-4. Environmental Protection 13 Problem: State and federal environmental programs are improperly designed to meet 14 their stated goals, and impose an undue burden on local governments because of a lack of 15 federal or state financial assistance. The refusal to finance these programs by the 16 governments which pass them has eliminated an essential restraining feature in program 17 design and implementation. 18 Specific problems include: 19 • New programs or standards are continually adopted without regard to the 20 existence, attainability, or cost of existing programs and standards. 1996 City Policies 23 1 • Fragmented program adoption and implementation does not ensure prioritization of 2 environmental matters or the establishment of comprehensive environmental 3 protection strategies. 4 • "One size fits all" implementation programs force remedial efforts by local 5 governments for nonexistent environmental problems. 6 • Permit fees and other cost transfer elements of federal and state programs do not 7 provide an incentive for environmental agency efficiency, policy prioritization, or 8 risk assessment. 9 Solutions: 10 • A comprehensive effort to consolidate, reorganize, and manage state and 11 federal environmental agencies and programs should be undertaken and a 12 partial or full moratorium on new programs or requirements should be 13 considered. 14 • The state's Wetland Conservation Act should be revised immediately to 15 eliminate burdensome requirements, streamline and simplify the permitting 16 process, and to ensure local administration of the program. 17 • Permit fees should be limited to fifty percent of the agency's direct operating 18 costs in order to promote efficient agency operation and sufficient legislative 19 oversight. 20 • Sufficient state and federal financial assistance should be provided to comply 21 with state and federal infrastructure requirements, particularly with regard to 22 sewer and water facilities. • 24 League of Minnesota Cities 1 SD-5. Personnel 2 Problem: A wide variety of state and federal laws have increased the cost of providing 3 city service to residents by requiring city governments to provide certain levels of 4 compensation, benefits, or working conditions and limiting city governments' ability to 5 effectively manage their personnel resources. 6 Solutions: The federal and state governments should stop passing laws which regulate 7 the private and public sector workplace. Proposals to impose salary limits or to 8 increase public pension benefits for military service are examples of two recent state 9 proposals affecting city personnel systems which should not be passed by the state 10 Legislature. Congressional proposals to adopt a national discipline procedure to 11 insulate police officers from local and state disciplinary action similarly should be 12 dropped. 13 State and federal policymakers should enact reforms which reduce city governments' 14 personnel costs and/or increase their ability to deliver services efficiently. 15 Specifically: 16 • The state should eliminate or modify state mandates such as veterans' 17 preference and civil service which restrict the ability of local governments to 18 effectively discipline public employees. With regard to the state veteran's 19 preference law, the legislature should amend the law to : 20 • remove the right to multiple, duplicative disciplinary 21 proceedings; 1996 City Policies 25 1 • limit any back-pay claims to a maximum of$100,000, and; 2 • limit the period in which to request a hearing to 14 days (from 3 the current 60 days). 4 • The state should revise public employee pension laws to facilitate consolidation 5 of local pension plans and the transition to more attractive and fiscally-sound 6 pension programs such as defined contribution plans. 7 • The state should amend the pay equity act to authorize local governments with 8 separate or joint powers hospitals, utilities, or similar services to establish and 9 maintain separate compensation systems. 10 • The state should change public sector bargaining laws to restrain arbitration 11 awards which exceed other internal class comparisons or outside cost of living 12 limitations. 13 • Congress should amend the outdated Fair Labor Standards Act to eliminate its 14 applicability to the public sector or at least recognize unique circumstances in 15 the public sector such as accounting for all hours worked by salaried 16 employees and allowing regular employees to serve as volunteers, paid on-call 17 firefighters, referees, coaches, and other community service-oriented positions. 18 SD-6. Absentee Voting 19 Problem: Absentee voting procedures are too complicated and confusing for many voters, 20 causing rejection of many ballots due to voter error. In addition, restrictive voter 21 eligibility and administrative requirements make it difficult to conduct the process in an 22 efficient and responsive manner. 26 League of Minnesota Cities 1 Solution: Absentee voting procedures should be simplified and made more "user 2 friendly" for both voters and local election officials. Reforms approved by the state 3 Senate during the 1995 session are significant and should be enacted early in 1996 to 4 encourage voter participation in the election process and improve the administration 5 of absentee voting. 6 SD-7. Statewide Voter Registration System: Access and Voter 7 Registration Cards 8 Problem: Lack of direct electronic access to the statewide voter registration system and 9 lack of uniformity in voter registration forms now in use makes it difficult and time 10 consuming for cities to keep local voter registration up-to-date and reduce the number of 11 voter registration cards on file. 12 Solution: Cities will work cooperatively with the secretary of state and the 13 Legislature to make improvements in the statewide voter registration system to: 14 • increase the number of cities with direct access to the statewide voter 15 registration system to enter, obtain, and update voter information; and 16 • make the format, size, and paper weight of voter registration cards and forms 17 uniform and provide a consistent order and content of basic voter information, 18 including precinct, ward, and school district information in the upper right- 19 hand corner of the card and listing of the voter's last name first. 1996 City Policies 27 1 SD-8. Write-in Candidates 2 Problem: Requirements for recording and reporting votes for fictional and celebrity 3 write-in candidates are time consuming and do not contribute to voter confidence in the 4 outcome or the integrity of the election process. These requirements serve only to allow 5 some voters to disrespect the balloting process rather than to uphold the value of the right 6 to vote--to make it possible for citizens to elect actual candidates to represent them in 7 public office. 8 Solution: Eliminate requirements for election judges in the precinct to tabulate or 9 report votes cast for fictional or celebrity write-in candidates. Election judges would 10 be required to list the name of each write-in candidate if votes cast in that precinct 11 for that candidate total more than five percent of votes cast in the precinct for that 12 office. 13 SD-9. Election Judge Appointments 14 Problem: Political party balance requirements for election judge appointments, 15 restrictions on how election judge compensation is paid, and the current ban on assigning 16 parents, children, or spouses to serve as election judges in the same polling place are 17 inflexible and increase the difficulty of recruiting and retaining sufficient numbers of 18 election judges to serve at the polls. 19 Solution: The 1996 session should adopt legislation already approved by the state 20 Senate which allows cities to appoint election judges not affiliated with any political 21 party and to authorize election administrators to reach agreement with community • 28 League of Minnesota Cities 1 organizations to recruit election judge volunteers and to remit payment for their 2 services to the organization. The Legislature should also lift restrictions that bar 3 persons from the same family from serving as election judges in the same precinct 4 polling place. 5 SD-10. Local Election Authority 6 Problem: Adoption of uniform election requirements and the introduction of legislation 7 that would intrude on the manner in which home rule charters are amended raise concerns 8 about the importance of upholding the value of and retaining current home rule and 9 statutory city authority to schedule and conduct city elections that meet the needs of local 10 voters. 11 Solution: The Legislature should uphold local home rule authority to choose annual 12 or biennial city election year schedules as well as local authority to conduct city 13 elections as long as the local election process complies with requirements for 14 protecting voters rights, access to the ballot, voter privacy, and other provisions of 15 state election law which assure the integrity of the election process. 16 SD-11. Restricting Campaign Signs Near Polling Places 17 Problem: Voters object to campaign signs and other campaign materials found in close 18 proximity to polling places on election day. Continued objections along with allegations 19 that unfair campaign practices are being permitted raise serious concern that these 20 occurrences undermine public confidence in the election process. 1996 City Policies 29 1 Solution: The Legislature should prohibit all campaign signs and other campaign 2 material from being displayed within 100 feet of polling places regardless of when 3 they are installed or put in place. 30 League of Minnesota Cities MEMO TO: Dennis R. Kraft, City Administrator FROM: Bruce Loney, Public Works Director el. SUBJECT: Authorize Payment of Street Light Relocations on County Road 16 Project DATE: October 31, 1995 MEETING DATE: November 8, 1995 INTRODUCTION: This item is for the Council to consider authorization of payment to Shakopee Public Utilities Commission (SPUC) for street light relocation on the County Road (C.R.) 16 Improvement Project from County State Aid Highway(CSAH) 17 to C.R. 83. BACKGROUND: C.R. 16 is being reconstructed and widened to an urban four lane undivided roadway. In order to construct the highway improvement, the existing overhead power line system along C.R. 16 was required to be relocated. The overhead power line was relocated to forty-five(45) feet north of centerline. At the intersection of Roundhouse Street and Sarazin Street, street lights were mounted on existing overhead power poles in the southwest quadrant for the Eagle Creek Junction development. The existing overhead power poles have been removed from the south side of C.R. 16 and new power poles installed on the north side. Per SPUC's policy and practice, relocation of street lights is to be paid for by the City. SPUC does provide operation and maintenance of street lights and donates these costs to the City. Since the street light was mounted to an existing power pole, the City is responsible for installing a new pole for the street light on the south side of C.R. 16. The cost of installing a new pole with the existing street light mounted on the pole is estimated by SPUC to be $1,500.00 maximum with the actual cost less if SPUC crews do the work versus Northern State Power Company. Underground power will be provided by SPUC to the street lights since the overhead power line system was relocated from the south side to the north side of C.R. 16. SPUC staff and City staff believes it is best to install the street lights in the southwest quadrant of Roundhouse Street and Sarazin Street for two reasons. One is that the light levels of the intersection would be greater since the pole on the south side is located closer to the intersection and secondly the street light existed in this area previously. Relocation of street lights and its associated costs were not included in the C.R. 16 project costs approved earlier by Council. In the Assessment Policy, street lights relocated as part of a street reconstruction are to be included in the overall project costs and included in the assessment calculations. A public hearing for the concrete curb and gutter assessment has been had previously. On County road projects, the City cost participation for street lighting that are WARRANTED would be 0%. Per Dan Jobe of Scott County, these street lights would not meet warrants due to the low volume of traffic on Roundhouse Street and Sarazin Street at this time. Also in the Assessment Policy, the assessment rate for street lighting to abutting properties on County roads is 0%. Staff is recommending that the street lights be relocated to essentially the same location to light the intersections as previously done. Staff also is recommending that the cost of installing the street light poles at Roundhouse Street and Sarazin Street be paid out of the Capital Improvement Fund as this relocation cost is due to the County road improvement and per the Assessment Policy is not assessed to abutting property owners. ALTERNATIVES: 1. Authorize the payment of street light relocation at Roundhouse Street and Sarazin Street with C.R. 16 to SPUC out of the Capital Improvement Fund. 2. Do not reinstall street lights at this time. 3. Direct staff to assess the street light relocation costs to benefiting properties. 4. Table for more information. 5. Authorize the payment of street light relocation at Roundhouse Street and Sarazin Street with County Road 16 to SPUC out of General Fund- Street Division, or contingency. RECOMMENDATION: Staff recommends relocating the street lights in the southwest corner of Roundhouse Street and C.R. 16 and Sarazin Street and C.R. 16 intersections as the best location to light the intersection. It is also recommended to pay for relocation costs with Capital Improvements Funds as this work is due to a County road improvement project which has overall City benefit. SPUC will be paying for the power relocation costs from the new overhead power system north of C.R. 16 to the street lights. ACTION QUESTED: Authorize the payment of street light relocation at Roundhouse Street and Sarazin Street with County Road 16 to Shakopee Public Utilities Commission out of the Capital Improvement Fund. NOV-02-1995 08:42 FROM SHAKOPEE PUBLIC UTILITIES TO 4456718 P.01 CITY OF SHAKOPEE PUBLIC UTILITIES COMMISSION 1030 EAST FOURTH AVENUE SHAKOPEE,MINNESOTA 55379 612-445-1988 MEMO TO: Bruce Loney,City Engineer FROM: Joe Adams,SPDC Administrative Assistant RE: CSAH 16 STREET LIGHTING DATE: November 1, 1995 Per our conversation of a few days ago,I am updating the status of the street lighting on this project. Since NSP has completed their work on the line relocation,SPUC clews will have to install any desired lights at Sarazin and Roundhouse Streets. This will result in a reduced cost for either of the two options previously identified as the north or south side of CSAH 16 at these intersections. Also,as agreed upon for these installations,SPUC will absorb the wiring and conduit costs for the street lights. Please call me with any questions. 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Requests for bids have been sent and three responses received. BACKGROUND: Upon thorough inspection of our present fire fighting gear, we have identified 10 sets of fire fighting turn-out gear and 13 helmets which are in unacceptable condition. These sets of gear provide inadequate protection for interior fire fighting conditions. We are establishing an annual rotation for fire fighting gear replacement which will help avoid a large number of turn-outs to be purchased in any one year. Once this rotation is in place, assuming current staffing levels and a 5- year lifetime for fire fighting gear, we expect approximately eight sets of gear to be replaced yearly. Bid specifications were developed based upon our experience with existing designs and materials, their longevity, safety characteristics and usability over the last several gear purchases. We have also evaluated new designs and materials which are available. The three bids which were received for fire fighting gear are as follows (all prices assume a 15 set purchase) : Turn-Out Gear Helmets Personal Alert Devices 1. Front Line Plus Fire $1,049.00 $100.00 $124.00 & Rescue 2. Metro Fire $ 878.00 $189.00 $135.00 3. Clarey's Safety $ 668 .00 $ 98.00 $125.00 Equipment, Inc. The bid response which most clearly meets bid specifications for turn-out gear and helmets is Metro Fire. Purchasing 10 sets of turn-out gear and 13 helmets from Metro Fire and the 5 personal sounding devices from Front Line Plus Fire & Rescue would come to a total of $11,857.00. We do have the full amount in the budget to purchase these items. RECOMMENDATION: We recommend to award the bid to Metro Fire to purchase the turn-put gear and helmets. Also, we recommend purchasing the personal alert sounding devices from Front Line Plus Fire & Rescue. This will provide us with fire fighting gear which should have the best usability and wear characteristics. CONSENT MEMO TO: Dennis R. Kraft, City Administrator FROM: Mark Huge, Fire Chief RE: Sale of Old Aerial Platform Truck to Custom Fire Apparatus DATE: November 1, 1995 BACKGROUND: Approximately one and a half years ago the Council placed the old aerial platform truck 'on the surplus equipment list . This was done because Beatrice, Nebraska expressed interest in purchasing such a unit . This was also possible because our present new truck was being let out for bids . We were not able to sell to Beatrice at that time. Since then, the Fire Department as advertised, and spoken to many parties that were interested in such an apparatus . From this effort, the only "real" proposal in writing has been from Custom Fire Apparatus . (See Attached) Custom Fire Apparatus has become the dealer for LTI shortly after .ours was purchased. RECOMMEENDATION: In view of the units condition, need of sheltered storage, overall poor condition of the truck, and poor response from interested parties, we recommend the sale of the 1976 LTI Aerial Platform Truck to Custom Fire Apparatus in the amount of $31, 500 . 00 . CUSTD ? _= = = = = _ = == _ _ = _____ =7'.-- August 31, 1995 Fire Chief Mark Huge Shakopee Fire Department 334 W. 2nd Avenue Shakopee, MN 55379 Dear Mark, I apologize for the delayed response regarding your 1976 LTI aerial platform, but I finally received the LTI upgrade information I needed to determine a market value for your vehicle. Based upon the upgrades and refurbishments, the best price I can offer is $31,500.00. I realize this may be considerably less than what you were anticipating, but we are looking at a major investment to make this truck look and operate like new again. Please advise as to your decision and thank you for the opportunity to bid on this vehicle. Respectfully, 4i -k („ei,, Gib Yakes GY/ks Enclosure: 509 68th Avenue Osceola,Wisconsin 54020 Waterous (715)294-2555 DEPENDABLE MEMO TO: Dennis R. Kraft, City Administrator # FROM: Barry A. Stock, Assistant City Administrator RE: Civic Center- Computer Equipment Purchases DATE: November 2, 1995 INTRODUCTION: With the relocation of the Park and Recreation Department to the Civic Center, it becomes necessary to develop a computer system for the facility. BACKGROUND: When the Civic Center Project is complete,the plan is to relocate the Recreation Department to the new facility. In conjunction with the move, all of the computer equipment now utilized by the Recreation Department staff will be moved to the facility. However,this equipment is unable to be connected to the City Hall network and server so a new network and file server must be installed. Staff has looked at the option of interconnecting the Civic Center site with the City Hall facility and thereby utilizing our current file server in City Hall. However, equipment cost for this type of connection far exceed what it would cost to develop a free standing file server/network at the Civic Center facility. Staff has utilized the assistance of our computer consultant in designing a network/file server system that will meet the long term needs of the Recreation Department. Additionally, the equipment that is being proposed will allow for future expansion capability to possibly interconnect City Hall and the Civic Center at a later date when more affordable technology becomes available. In addition to the need for a file server, one additional work station will be needed to accommodate the needs of the Assistant Facility Manager position. Additionally, a telephone modem interconnection with Logis to accommodate the computerized cash receipting system will also be necessary. Price quotations have been received for the Civic Center system from four vendors. Quote prices range between$15,000 to $18,000. due to the complexity of the proposals, staff is recommending that we use our computer consultant to evaluate the proposals and determine the appropriate vendors. Since we are facing a time crunch in terms of delivery and installation, staff is seeking Council approval to authorize the purchase of computer equipment for the Civic Center at a cost not to exceed $18,000. In evaluating the design for the Civic Center computer system, staff also looked at the possibility of moving the existing City Hall file server to the Civic Center facility and purchasing a new file server for City Hall. The current City Hall file server is becoming outdated and increasingly unable to handle the demands of a network as large as the City Hall network. The City Hall server will likely need to be replaced or upgraded in 18 months. For approximately an additional $2,000 above the cost proposed for the Civic Center system, we can update our City Hall file server to meet our needs for quite some time and also meet the needs of the Civic Center since the City Hall server could be utilized for the smaller Civic Center network. If Council prefers to proceed with this alternative, we will achieve long term cost savings by purchasing now and reusing the City Hall server at the Civic Center. In order to accommodate this alternative, a budget amendment to the Planning division would be necessary to cover the cost difference between the Civic Center system and the City Hall file server upgrade. There are adequate funds remaining in the Planning division budget to cover the cost difference for the City Hall upgrade. These cost savings were generated as a result of personnel savings in light of position vacancies. Staff is recommending that we proceed with an approach that will solve both the needs of the Civic Center and long term needs of the City Hall facility since it results in overall savings. ALTERNATIVES: 1. Authorize the appropriate City officials to purchase the computer equipment for the Civic Center system at a cost not to exceed$ 18,000. 2. Direct the appropriate City officials to prepare a budget amendment to cover the costs associated with the City Hall file server upgrade at a cost not to exceed $2,000. 3. Utilize the City's computer consultant to evaluate the computer proposals and report back to City Council with a list of recommended vendors. 4. Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends alternatives#1 and#2. ACTION REQUESTED: 1. Authorize the appropriate City officials to purchase the computer equipment for the Civic Center system at a cost not to exceed$ 18,000. 2. Direct the appropriate City officials to prepare a budget amendment to cover the costs associated with the City Hall file server upgrade at a cost not to exceed $2,000. I1T MEMO TO: Dennis R. Kraft, City d m nisTra r FROM: Barry A. Stock,Assistant City Administrator RE: Civic Center- Phone System DATE: November 2, 1995 INTRODUCTION: Prior to opening the Shakopee Civic Center it will be necessary to install a phone system in the building. BACKGROUND: Staff has received three proposals from telephone vendors for the installation of a phone system for the civic center facility. The phone system will provide us with voice mail capability and future expansion capabilities. The phone system proposed will also provide for intercom capabilities within the facility. Staff has received three quotations for the proposed telephone system. The first quotation was received from Communications World. Communications World presently has the state contract for telephone systems. The City utilized Communications World for the City Hall phone system presently in place. Communications World primarily deals in Panasonic products. The second quote received was from ESI Communications. ESI Communications is proposing a Toshiba telephone system that provides the same capabilities as the Panasonic system. A third proposal was received from Koch Telecommunications Services. An ATT phone system is being proposed in the Koch proposal. This equipment is also comparable to the other two proposals in terms of capabilities. Following is a price breakdown of the proposals: 1. Communications World $ 9,851.93 + applicable sales tax 2. ESI Communications $ 9,900.00 + applicable sales tax 3. Koch Telecommunications Services $11,292.14+ applicable sales tax While the ESI Communications proposal is slightly higher than Communications World proposal, staff is recommending that ESI Communications be selected as the provider. In reviewing the proposals, staff identified that ESI Communications is proposing to provide 7 (10 button) digital telephones with intercom capabilities as compared to the other providers who are proposing standard flair telephones. The intercom phones are preferable and more than account for the price difference between the ESI proposal and the other two vendors. The speaker phones will provide us with paging capabilities throughout the entire facility. There is a definite advantage to having this type of system. ESI Communications has also submitted a cost quotation to install the cable associated with our data network. Cost savings can be incurred if we utilize ESI Communications to install the data network cable at the same time they install the telephone cable. The cost submitted by ESI Communications for the data network cable installation equates to an additional$2,295.00 + applicable sales tax. In reviewing the proposals with our computer consultant, we have both come to the conclusion that the ESI Communications proposal would best suit our needs in the Shakopee Civic Center. Additionally, one advantage of selecting ESI Communications over Communications World is that we would be able to review the service quality of two different vendors. If we feel that one vendors performance in terms of service is superior to the other,we would then be able to switch to the company that provides the best service. The recommended cost quotation is within the parameters of the Civic Center budget for this item. ALTERNATIVES: 1. Authorize the appropriate City officials to utilize ESI Communications for the Civic Center telephone system and installation at a cost not to exceed$9,900.00+ applicable sales tax. 2. Authorize the appropriate City officials to utilize ESI Communications for the installation of the data network cabling at a cost not to exceed$2,295.00 + applicable sales tax. 3. Authorize the appropriate City officials to utilize Communications World for the Civic Center telephone system and installation at a cost not to exceed$9,851.93 + applicable sales tax. 4. Authorize the appropriate City officials to utilize Koch Telecommunications Services for the Civic Center telephone system and installation at a cost not to exceed$11,292.14 + applicable sales tax. 5. Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends Alternative#1 and#2. ACTION REQUESTED: Authorize the appropriate City officials to utilize ESI Communications for the Civic Center telephone system and installation at a cost not to exceed$9,900.00 + applicable sales tax; and Authorize the appropriate City officials to utilize ESI Communications for the installation of the data network cabling at a cost not to exceed$2,295.00 + applicable sales tax. BAS/tiv H:\Word\Tami\CivicCtr\Phones iyc CONSENT MEMO TO: Dennis Kraft, City Administrate f, FROM: Julie Baumann,Planner I RE: Initiating the Vacation of an All-1 DATE PREPARED: October 26, 1995 MEETING DATE: November 8, 1995 INTRODUCTION The attached Resolution No. 4323 sets a public hearing date to consider the vacation of the northern most portion of the alley dedicated with Market Place measuring 312 feet in length and 10 feet in width on the eastern most end and 6.11 feet in width on the western most end. DISCUSSION The City has received a petition for the vacation of that northern most portion of the alley dedicated with Market Place measuring 312 feet in length and 10 feet in width on the eastern most end and 6.11 feet in width on the western most end, from Mr. John D. Klingelhutz of Klingelhutz Development Company. The attached resolution sets a public hearing for December 5, 1995. 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. 4323, A Resolution Setting the Public Hearing Date to Consider the Vacation Of A Portion Of The Alley Dedicated With Market Place, and move its adoption. is'p wc\i99s iioT. n.doc RESOLUTION NO. 4323 A RESOLUTION SETTING THE PUBLIC HEARING DATE TO CONSIDER THE VACATION A PORTION OF THE ALLEY DEDICATED WITH MARKET PLACE WHEREAS, it has been made to appear to the Shakopee City Council that the northern most portion of the alley dedicated with Market Place measuring 312 feet in length and 10 feet in width on the eastern most end and 6.11 feet in width on the western most end 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. 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 5th day of December, 1995, at 7:00 P.M. or thereafter, on the matter of vacating the northern most portion of the alley dedicated with Market Place measuring 312 feet in length and 10 feet in width on the eastern most end and 6.11 feet in width on the western most end 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. Adopted in session of the City Council of the City of Shakopee,Minnesota, held the day of , 1995. Mayor of the City of Shakopee ATTEST: City Clerk APPROVED AS TO FORM: City Attorney ) fib CONSENT MEMO TO: Dennis Kraft, City Administrator FROM: Julie Baumann,Planner I ,d J RE: Initiating the Vacation of Drainage and Utility Easement DATE PREPARED: October 31, 1995 MEETING DATE: November 8, 1995 INTRODUCTION The attached Resolution No. 4325 sets a public hearing date to consider the vacation of drainage and utility easements measuring 20 feet by 600 feet on the eastern property line and 20 feet by 672.9 feet on the western property line of Lot 1, Block 1, Valley Park 4th Addition, City of Shakopee, County of Scott, State of Minnesota. DISCUSSION The City has received a petition for the vacation of drainage and utility easements measuring 20 feet by 600 feet on the eastern property line and 20 feet by 672.9 feet on the western property line of Lot 1, Block 1, Valley Park 4th Addition, City of Shakopee, County of Scott, State of Minnesota, from Pouliott Designs Corporation. The attached resolution sets a public hearing for December 5, 1995. 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. 4325, A Resolution Setting the Public Hearing Date to Consider the Vacation Of A Portion of the Drainage and Utility Easements Dedicated With Valley Park 4th Addition, and move its adoption. i:\planning\cc\1995\x;l 10'7\vacplivp.doc RESOLUTION NO. 4325 A RESOLUTION SETTING THE PUBLIC HEARING DATE TO CONSIDER THE VACATION A PORTION OF IHE DRAINAGE AND UTILITY EASEMENTS DEDICATED WITH VALLEY PARK 4TH ADDITION WHEREAS, it has been made to appear to the Shakopee City Council that the drainage and utility easements measuring 20 feet by 600 feet on the eastern property line and 20 feet by 672.9 feet on the western property line of Lot 1, Block 1, Valley Park 4th Addition, City of Shakopee, County of Scott, State of Minnesota serve 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. 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 5th day of December, 1995, at 7:00 P.M. or thereafter, on the matter of vacating the drainage and utility easements measuring 20 feet by 600 feet on the eastern property line and 20 feet by 672.9 feet on the western property line of Lot 1, Block 1, Valley Park 4th Addition, City of Shakopee, County of Scott, State of Minnesota 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. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1995. Mayor of the City of Shakopee ATTEST: City Clerk APPROVED AS TO FORM: City Attorney l c. CONSENT MEMO TO: Dennis R. Kraft, City Administrator FROM: V. Paul Bilotta, Planning Director DATE: November 2, 1995 RE: Livable Communities Act Participation DISCUSSION: The approval of Resolution No. 4330 will result in the City of Shakopee's participation in the Metropolitan Livable Communities Act for 1996. Failure to do so will likely create significant difficulties with receiving Metropolitan Council approvals, reduce the City's access to a variety of funding sources, (including pollution funds and ISTEA) and result in a negative report card to the State Legislature. Shakopee generally is significantly exceeding the Metropolitan Council's benchmarks for affordability and density. The Life-cycle housing benchmarks are roughly in line with the existing Shakopee housing mix. ALTERNATIVES: 1. Approve Resolution 4330 which will result in the City of Shakopee's participation in the Metropolitan Livable Communities Act for 1996. 2. Do not approve Resolution 4330. 3. Table the decision, and request additional information from staff. RECOMMENDATION: Staff recommends the approval of Resolution 4330 (Alternative 1). ACTION REQUESTED: Offer Resolution No. 4330, A Resolution Electing to Participate in the Local Housing Incentives Account Program Under the Metropolitan Livable Communities Act for Calendar Year 1996, and move its adoption. h:Uivcan.doc RESOLUTION NO. 4330 A RESOLUTION ELECTING TO PARTICIPATE IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT FOR CALENDAR YEAR 1996 WHEREAS, the Metropolitan Livable Communities Act (1995 Minnesota Laws Chapter 255) establishes a Metropolitan Livable Communities Fund which is intended to address housing and other development issues facing the metropolitan area defined by Minnesota Statutes section 473.121; and WHEREAS, the Metropolitan Livable Communities Fund, comprising the Tax Base Revitalization Account, the Livable Communities Demonstration Account and the Local Housing Incentives Account, is intended to provide certain funding and other assistance to metropolitan area municipalities; and WHEREAS, a metropolitan area municipality is not eligible to receive grants or loans under the Metropolitan Livable Communities Fund or eligible to receive certain polluted sites cleanup funding from the Minnesota Department of Trade and Economic Development unless the municipality is participating in the Local Housing Incentives Account program under Minnesota Statutes section 473.254; and WHEREAS, the Metropolitan Livable Communities Act requires the Metropolitan Council to negotiate with each municipality to establish affordable and life-cycle housing goals for that municipality that are consistent with and promote the policies of the Metropolitan Council as provided in the adopted Metropolitan Development Guide; and WHEREAS, by June 30, 1996, each municipality must identify to the Metropolitan Council the actions the municipality plans to take to meet the established housing goals; and WHEREAS, the Metropolitan Council must adopt, by resolution after a public hearing, the negotiated affordable and lifecycle housing goals for each municipality by January 15, 1996; and WHEREAS, a metropolitan area municipality which elects to participate in the Local Housing Incentives Account Program must do so by Nov. 15 of each year; and WHEREAS, for calendar year 1996, a metropolitan area municipality can participate under Minnesota Statutes section 473.254 only if: (a) the municipality elects to participate in the Local Housing Incentives Account Program by November 15, 1995; (b)the Metropolitan Council and the municipality successfully negotiate affordable and life-cycle housing goals for the municipality; and (c) by January 15, 1996 the Metropolitan Council adopts by resolution the negotiated affordable and life-cycle housing goals for each municipality; WHEREAS, the City of Shakopee, Minnesota has traditionally taken unilateral actions to monitor housing affordability; and WHEREAS, the City of Shakopee, Minnesota has traditionally taken unilateral actions to reduce unnecessary development costs; and WHEREAS, the City of Shakopee, Minnesota has traditionally taken unilateral actions to eliminate any regulatory or other barriers to affordable housing; and WHEREAS, the City of Shakopee, Minnesota has traditionally supported affordable housing actions within the City limits; and WHEREAS, evidence of the City's long-standing commitment to the provision of adequate and affordable housing for its residents is demonstrated by exceeding the Metropolitan Council's affordability benchmark by 26% for owner-occupied units and 21% for rental housing units; and WHEREAS, the City of Shakopee meets or exceeds all of the Metropolitan Council's density benchmarks; and WHEREAS, the City of Shakopee has spent millions of dollars on roadway and sewer infrastructure improvements over the last 10 years that can not be utilized without the Metropolitan Council's cooperation and approval of expansions of the Metropolitan Urban Service Area(MUSA); and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the City of Shakopee, Minnesota hereby elects to participate in the Local Housing Incentives Program under the Metropolitan Livable Communities Act during the calendar year 1996. Passed in session of the City Council of the City of Shakopee, Miinnesota, held this day of , 1995. Mayor of the City of Shakopee Attest: City Clerk Approved as to form: City Attorney klmidi L MEMO TO: Dennis R. Kraft, City Administrator FROM: Bruce Loney, Public Works Director , , SUBJECT: Vierling Drive, from County Road 15 to Presidential Lane, Project No. 1994-7 DATE: November 3, 1995 MEETING DATE: November 8, 1995 INTRODUCTION: Attached is Resolution No. 4328, a resolution declaring the cost to be assessed and ordering the preparation of proposed assessments for Vierling Drive Improvements from County Road(C.R.) 15 to Presidential Lane, Project No. 1994-7. BACKGROUND: On August 16, 1994, the City Council awarded the construction contract for Vierling Drive, Project No. 1994-7 which included street, sanitary sewer, watermain and storm sewer improvements. The project is now complete and all project costs have been identified for the preparation of an assessment roll. Staff is recommending that an assessment hearing be held on November 28, 1995 in order to certify the assessments to the County auditor by November 30, 1995. If the project is not certified by November 30, 1995, the property owners will incur another year of interest cost on the assessments. Staffs practice has been to assess projects as soon as the project costs can be finalized for assessment calculations. The total construction costs for this project is $496,470.48 which is $9,049.02 less than the original contract amount of$505,519.50. The engineering and administrative costs for this project totaled $92,253.62 or 18.58% of the construction costs. The total project cost including construction and engineering/administration is $588,724.10. The projects costs will be funded by Assessments, City Funds Storm Drainage Funds and Shakopee Public Utilities Commission oversizing costs. The cost breakdowns is as follows: Engr. Funding Source Construction Cost Admin. Cost Total Assessments $306,399.66 $56,934.86 $363,334.52 City $110,474.13 $20,528.19 $131,002.32 Storm Sewer $ 76,695.78 $14,251.53 $ 90,947.31 SPUC $ 2.900.91 $ 539.04 $ 3.439.95 Total $496,470.48 $92,253.62 $588,724.10 * City costs will be paid by State Aid Funds. The assessment amount of$363,334.52 represents 61.72% of the total project costs. The remaining project costs of $225,389.58 will be paid with State Aid Funds, Storm Drainage Funds and SPUC oversizing funds as per City Policy. Prior to levying assessments, an assessment hearing must be held. The attached resolution declares the cost to be assessed, orders the preparation of proposed assessments and sets a public hearing date for November 28, 1995. A special Council meeting is necessary as special assessments must be certified to Scott County by November 30, 1995 in order to be included in the 1996 property taxes. ALTERNATIVES: 1. Adopt Resolution No. 4328. 2. Deny Resolution No. 4328. 3. Table for additional information. RECOMMENDATION: Staff recommends Alternative No. 1. Tabling to another meeting would disallow adequate time for publishing legal notice and conducting the public hearing prior to the November 30, 1995 deadline for certifying assessments. ACTION REQUESTED: Offer Resolution No. 4328,A Resolution Declaring the Cost to be Assessed and Ordering the Preparation of Proposed Assessments for Vierling Drive, from County Road 15 to Presidential Lane, Project No. 1994-7 and move its adoption. BL/pmp RESOLUTION NO. 4328 A Resolution Declaring The Cost To Be Assessed And Ordering The Preparation Of Proposed Assessments For Vierling Drive, From County Road 15 To Presidential Lane Project No. 1994-7 WHEREAS, a contract has been let for the improvement of: the Vierling Drive, from County Road 79 to Presidential Lane by and the contract price for such improvements is $496,470.48, the construction contingency amounts to $ -0- and the expenses incurred or to be incurred in the making of such improvements amounts to $92,253.62, so that the total cost of the improvements will be $588,724.10. Of this cost the City of Shakopee will pay $221,949.63 as its share of the cost and the Shakopee Public Utilities Commission will pay $3,439.95 as its share of the cost. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. The cost of such improvement to be specially assessed is hereby declared to be $ 363,334.52. 2. The City Clerk, with the assistance of the City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and keep a copy of such proposed assessment in her office for public inspection. 3. That the City Clerk shall, upon the completion of such proposed assessment, notify the City Council thereof. BE IT FURTHER RESOLVED: 1. That a hearing shall be held on the 28th day of November, 1995, in the Council Chambers of City Hall at 7:00 P.M. or thereafter, to pass upon such proposed assessments and at such time and place all persons owning property affected by such improvements and proposed assessments will be given an opportunity to be heard with reference to such assessment. 2. That the City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper of the City of Shakopee at least two weeks prior to the hearing and she shall state in the notice the total cost of the improvements. She also shall cause mailed notice of such hearing to be given the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1995. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney . r: JUiEi\1i MEMORANDUM TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Apportioning Special Assessments for Lot 1, Block 2, Valley Park Eleventh DATE: November 3, 1995 INTRODUCTION AND BACKGROUND: The City Planner has approved a minor subdivision for Lot 1, Block 2, Valley Park Eleventh Addition, pursuant to City Code, Section 12.08. There are existing special assessments against this lot. It is appropriate at this time to apportion these assessments against the two resultant parcels. The attached resolution will apportion the special assessments against the two parcels created as a result of the minor subdivision approval. RECOMMENDED ACTION: Offer Resolution No. 4329, A Resolution Apportioning Special Assessments for Lot 1, Block 2, Valley Park Eleventh Addition, and move its adoption. The resolution will he plated nn the Council table We nesrlav, RESOLUTION NO. 4329 A RESOLUTION APPORTIONING ASSESSMENTS AMONG NEW PARCELS CREATED AS A RESULT OF THE MINOR SUBDIVISION FOR LOT 1, BLOCK 2,VALLEY PARK 11TH WHEREAS, on November 16, 1993, Resolution No. 3901 adopted by the City Council levied assessments against properties benefited by the construction of the 12th Avenue Sewer and Watermain Improvements, Project No. 1992-4; and WHEREAS, on October 4, 1994, Resolution No. 4095 adopted by the City Council levied assessments against properties benefited by construction of public improvements for Valley Park Addition, Project No. 1993-10; and WHEREAS, a tract of land benefited by the said improvements, known as Lot 1, Block 2,Valley Park 11th Addition, has been subdivided into two lots; and WHEREAS, it is the desire of the City Council to apportion the installments remaining unpaid against said Lot 1, Block 2 because of the subdivision of the lot. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. That the 1995 payable remaining balance of assessments to parcel 27-176- 002-0 is $350,210.58 for the 1992-4 Valley Park 11th Addition Improvement Project and is $58,213.71 for the 1993-10 12th Avenue Utility Project and are hereby apportioned as follows: P.I.D. No. Property Owner Legal Description 1993-10 1992-4 Code 86 Code 84 27-176002-0 Valley Green Business S'ly +22 acres $256,172.74 $42,582.28 Park of Lot 1, Blk 2 5240 Valley Ind. Blvd. Valley Park 11th Addition 27-176002-1 ADC Telecommuni- N"ly+ 8 acres $94,037.84 $15,631.43 cations, Inc. of Lot 1, Blk 2. 12800 Whitewater Dr. Valley Park 1 l th Suite 170 Addition Minnetonka, MN 55343 1 2. That all other parts of Resolution No. 3901 and Resolution No. 4095 shall continue in effect. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 8th day of November, 1995. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form. City Attorney i� h. MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorne tel/ DATE : November 7, 1995 RE : Personnel Handbook Revisions Background: The City has added a new position, Recreation Superintendent . In reviewing the Personnel Handbook, it was not clear whether this position would be exempt, although it appears that Council intended it to be exempt . Since we are cleaning up this one section, it seems appropriate to make other small changes that have been requested. These will clarify various issues, and make the Personnel Handbook more closely reflect current positions and practices . Alternatives : 1 . Move to adopt Resolution No. 4337, a Resolution of the City of Shakopee, Minnesota, amending Resolution No. 4213 , adopting a Personnel Handbook, by making a number of small revisions . 2 . Amend Resolution No. 4332 , then move to adopt it . 3 . Decline to adopt Resolution No. 4332 . Recommendation: Move to adopt Resolution No. 4332 , a Resolution of the City of Shakopee, Minnesota, amending Resolution No. 4213 , adopting a Personnel Handbook, by making a number of small revisions . [7MEMO] RESOLUTION NO. 4332 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING RESOLUTION NO. 4213 , ADOPTING A PERSONNEL HANDBOOK, BY MAKING A NUMBER OF SMALL REVISIONS . WHEREAS, since the Personnel Handbook was written certain departments of the City have been reorganized; and WHEREAS, the definition of exempt employee needs to be amended to reflect the new positions; and WHEREAS, the definition of probationary employee needs to be revised to more closely match the section on probationary employees; and WHEREAS, internal promotions should be allowed between related departments, and not just within a single department; and WHEREAS, the process for current employees to apply for vacant positions needs clarification; and WHEREAS, the process for hiring temporary employees needs revision to clarify that Scott County Personnel is not utilized in these hirings. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That Resolution No. 4213 , adopting a Personnel Handbook for Employees of the City of Shakopee, is hereby amended as follows : 1. By deleting section II . Definitions, B. Exempt Employee, and replacing it with the following: B. Exempt Employee - Means an employee exempt from regulation by the Federal Fair Labor Standards Act, including the following: 1. City Administrator 2 . Assistant City Administrator 3 . Economic Development Coordinator 3 . City Attorney 4 . Assistant City Attorney 5. City Clerk 6. Finance Director 7. Planning Director 9 . Ccnior Planner 8. Acoiatant Planner I 9. Police Chief 10 . Deputy Chief of Police 11 . Director of Public Works/City Engineer 12 . Civil Engineer 13 . Recreation Superintendent 14 . Any other employee identified by the City Council as an exempt employee. 2 . By deleting section II . Definitions, D. Probationary Employee, and replacing it with the following: D. Probationary Employee - Means a regular employee who has been first hired, promoted, transferred, re- employed, or reinstated to a position within 'the past six months workcd for the City for Six months or 1c33 . 3 . By deleting section VIII . Appointments, C. Promotion, and replacing it with the following: C. Promotion. A department head may ask the City Council to allow the promotion of an employee from the employee' s current position to a similar, more responsible, position in the same or a related department. If the employee' s experience and the needs of the City warrant the promotion, the City Council may abolish the current position, establish the more responsible position, and promote the employee into the more responsible position without following the procedures for filling vacant positions . 4 . By deleting section VIII . Appointments, E. Selection and Hiring, and replacing it with the following: Current City employees are encouraged to better themselves . Therefore, the City Administrator may choose to make a vacant position promotional and available first to current employees . The vacancy will be posted in City Hall for at least three days . Any qualified City employee may apply for the position by submitting a completed application to the City Administrator or the City Administrator' s designee prior to the end of the posting period. The department head may choose to recommend selection of such an employee, or may forward those applications to the Scott County Personnel Department to review and rank along with other applications . Applications for positions other than promotional positions, temporary employees, and police department employees are handled through the Scott County Personnel Department . After review and ranking by that department, the highest ranking applicants shall be reviewed by City staff . The Police Civil Service Commission reviews applications for police department 2 employees; temporary employees are discussed in paragraph I below. The department head will recommend to the City Administrator a candidate and a salary to be offered. The selected candidate shall be offered the position subject to City Council approval and passing a pre-employment physical exam. As soon as practicable, the City Council shall approve or reject the selected candidate. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1995 . Mayor of the City of Shakopee Attest : City Clerk / Approved as to form: i/:-41 City Attorney [7MEMO] 3 CONSENT Memo To: Dennis Kraft, City Administrator From: Terris A. Thurmer,Assistant City Planner Re: Initiating The vacation Of A Portion Of A Drainage And Utility Easement Date: November 8, 1995 Introduction The attached Resolution No. 4333 sets a public hearing date to consider the vacation of a portion of the drainage and utility easement located along the lot line between Lot 1 and Lot 2, and between Lot 3 and Lot 4, Block 1, Prairie House 2nd Addition. Discussion The City has received a petition for the vacation of a portion of the drainage and utility easement located along the lot line between Lot 1 and Lot 2, and between Lot 2 and Lot 3, Block 1, Prairie House 2nd Addition from Mr. Larry Griffith, representing Valleyfair. The attached resolution sets a public hearing for December 19, 1995. 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. 4333, A Resolution Setting the Public Hearing Date to Consider the Vacation of a Portion of the Drainage and Utility Easement Located Along the Lot Line Between Lot 1 and Lot 2, and Between Lot 2 and Lot 3, Block 1, Prairie House 2nd Addition, and move its adoption. Oplanningtc 1995 cc11 Wlvacsetph.doc RESOLUTION NO.4333 A RESOLUTION SETTING THE PUBLIC HEARING DATE TO CONSIDER THE VACATION OF A DRAINAGE AND UTILITY EASEMENT LOCATED ALONG THE LOT UNE BETWEEN LOT 1 AND LOT 2,AND LOT 2 AND LOT 3, BLOCK 1, PRAIRIE HOUSE 2ND ADDITION WHEREAS, it has been made to appear to the Shakopee City Council that a portion of the drainage and utility easement located adjacent to the lot line between Lot 1 and Lot 2, and between Lot 2 and Lot 3, Block 1, Prairie House 2nd Addition, 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. 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 19th day of December, 1995, at 7:00 P.M. or thereafter, on the matter of vacating that portion of the drainage and utility easement between Lot 1 and 2, and between Lot 2 and 3, in Block 1, Prairie House 2nd Addition. 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. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1995. Mayor of the City of Shakopee ATTEST: City Clerk APPROVED AS TO FORM: City Attorney