HomeMy WebLinkAbout01/02/1996 TENTATIVE AGENDA
REGULAR SESSION SHAKOPEE, MINNESOTA JANUARY 2, 1996
LOCATION: 129 Holmes Street South
Mayor Jeff Henderson presiding
Oath of Office by Newly Elected Officials
1] Roll Call at 7 : 00 P.M.
2] Approval of Agenda
3] Recess for Economic Development Commission Meeting
4] Re-convene
5] Liaison Reports from Councilmembers
6] Mayor' s Report
7] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS
8] Approval of the Minutes of December 19, 1995
9] Communications:
>a] Communication from Maggie Busch regarding
snowmobiling within the Shakopee City limits
10] Recommendations From Boards and Commissions: None
11] Reports from Staff:
a] 1996 Liaison/Related Appointments and Res . 4370
>b] Designation of City' s Official Newspaper
>c] Firearms Training Contract
d] Memorial Park Crop Land
>e] Approve Bills in the Amount of $141, 820. 31
f] Community Development Department Staffing
>g] Purchase of 1996 Pickup
h] Expiring Terms on Boards and Commissions
I] Assistant Facility Manager/Recreation Programmer,
tabled 11/21/95
>j ] Resignation of Assistant City Attorney
k] Legal Department Staffing
1] Rural Versus Urban Tax District
m] Council Meeting Objectives and Procedures
n] Code of Ethics for Council and Boards and Commissions
>0] Exemption from Lawful Gambling License - Church of
St. Michael
TENTATIVE AGENDA
January 2, 1996
Page -2-
12] Resolutions and Ordinances:
>a] Res. No. 4371 - Amending Res . No. 4364 for the Down-
town Streetscape Special Assessments
>b] Res . No. 4372 - Awarding Bid for Millpond Treatment
Basin, Project 1995-7
>c] Res . No. 4373 - Approving Report and Ordering Public
Hearing on 1996 Street Reconstruc-
tion, Project 1996-2
d] Res . No. 4374 - Adopting An Investment Policy
13] Other Business:
a] Set dates for future Committee of the Whole meetings
b]
c]
d]
14] Adjourn to Tuesday, January 16, 1995
Dennis R. Kraft
City Administrator
> Indicates those items determined by the City Administrator to
be appropriate for inclusion on a consent agenda if a consent
agenda existed.
MEMO TO: Honorable Mayor and City Council
FROM: Dennis R. Kraft, City Administrator
RE: Non Agenda Informational Items
DATE: December 29, 1995
1. Attached is the January calendar of Upcoming Meetings.
2. Attached is a memorandum from the Public Works Director regarding snow removal and
hauling in the City of Shakopee.
3. The City has received notification that the Shakopee All Night Graduation Party
Committee is applying for an application for Authorization for an Exemption from Lawful
Gambling License for their raffle on February 24, 1996. Their proceeds will be spent
within the City's trade area so they are in conformance with the city code. Unless the
Council adopts a resolution specifically prohibiting the raffle, the application for the
exemption will be approved by the Gambling Control Board on January 22nd, or
thereafter. No action by City Council is needed if they do not want to prohibit the
activity. If any councilmember wishes more information about this item please call the
City Clerk.
4. Attached is a memorandum from the Scott County Public Works and Lands Division
regarding the reopening of CSAH 16 between Marschall Road and CR 83.
5. Attached is correspondence from Paragon Cable regarding price changes effective January
1, 1996.
6. Attached is a memorandum from the City Administrator regarding the Newly Elected
Officials Conference by the League of Minnesota Cities.
7. Attached is a memorandum from the Community Development Director regarding 1996
Work Programs.
8. Attached is the EDA Revenue and Expenditure Reports as of November 30, 1995.
9. Attached are the January 4th agendas for the Planning Commission and Board of
Adjustment and Appeals.
10. Attached is the Police Newsletter for Council review.
Fi
January 1996
Upcoming Meetings
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2 3 4 5 6
City Hall Closed 7:00 PM City 7:30 PM Planning
Council Meeting Commission
7 8 9 10 11 12 13
4:30 PM SPUC Committee of the
Whole Meeting
14 15 16 17 18 19 20
City Hall Closed 7:00 PM City 5:30 PM CDC
Council Meeting
21 22 23 24 25 26 27
7:00 PM Park and Committee of the
Recreation Whole Meeting
28 29 30 31
December 95 February 96
SMTWT F S SMTWT F S
1 2 1 2 3
3 4 5 6 7 8 9 4 5 6 7 8 9 10
10 11 12 13 14 15 16 11 12 13 14 15 16 17
17 18 19 20 21 22 23
24 25 26 27 28 29 30 18 19 20 21 22 23 24
31 25 26 27 28 29
Printed by Calendar Creator Plus on 12/27/95
MEMO TO: Dennis R. Kraft, City Administrator
FROM: Bruce Loney, Public Works Director
SUBJECT: Snow Removal and Hauling in the City of Shakopee
DATE: December 20, 1995
MEETING DATE: January 2, 1996
NON-AGENDA INFORMATIONAL ITEM:
The City of Shakopee Public Works Department needs to haul snow from the downtown
area and First Avenue and other areas as necessary during the snow removal season as
there is not adequate room for snow storage in these areas. In past years the City has
hauled the snow into the Huber Park area just north of the downtown area. This year,
City staff was contacted by Mr. Mark Erickson of Canterbury Park who requested that the
City haul its snow from its removal areas to the Canterbury Park site. Mr. Erickson and
the Canterbury Park Organization would provide two to three trucks in addition to the
City Public Works trucks in hauling of the snow. The Public Works Department has
determined that this hauling of snow to a longer location has not resulted in additional
cost or time and also provides additional snow for the Canterbury Park track for its snow
mobile races later in the winter.
This memo is intended to inform the Council of the Public Works procedures and if there
are any questions in regard to this,please feel free to contact me in my office.
BL/pmp
SNOW
SCOTT COUNTY
PUBLIC WORKS AND LANDS DIVISION
HIGHWAY DEPARTMENT
.111:01T 600 COUNTRY TRAIL EAST
GARY L. CUNNINGHAM
JORDAN,MN 55352-9339
(612)496-8346
COUNTY ADMINISTRATOR
BRAD LARSON Fax:(612)496-8365
ASSOCIATE ADMINISTRATOR
MEMORANDUM
TO: Those on attached fist
FROM: Brad Larson, Highway Engineer
SUBJECT: NEWS RELEASE - Reopening CSAH 16 Between Marschall Road and
CR 83
DATE: December 21, 1995
NOTICE
Scott County Public Works has re-opened CSAH 16 between Marschall Road
(CSAH 17) and CR 83. The City of Shakopee recently completed sewer and water
utility work on a portion of this project and Scott County will resume
reconstruction of the roadway next spring. A 30 MPH advisory construction zone
speed limit will be in effect until the completion of this project next summer.
Att.
JF-WPDOCS\CONSTR\MISC\NEWSRELE.16
An Equal Opportunity/Safety Aware Employer
PARAGON
C A BL E
Wayne D. Knighton, Division President
December 21, 1995
Mr. Barry Stock VIA FAX AND CERTIFIED U.S.MAIL
Assistant City Manager
City of Shakopee
129 Holmes Street South
Shakopee,MN 55379
Dear Mr. Stock:
Please be aware that Paragon will shortly be notifying our customers of a number of price changes in many
components of our cable service. The new prices will go into effect on January 1, 1996 and result in the cost of
some services going down, while the cost of others will go up. These changes are due to a combination of
previously existing Federal Communications Commission (FCC) regulations, new FCC regulations, as well as the
Social Contract recently adopted. Please find enclosed,in addition to a new channel line up and price change chart,
two forms which the FCC requires we file with you at this time.
You may recall that the Social Contract will bring a number of benefits to the community. These include a new,
lower-cost Basic cable service so that more people can afford cable, as well as free cable service for every
state-accredited public and Title 1 private secondary school within 200 feet of our lines. In addition,schools will be
provided access to Time Warner's new on line computer service which, once the service becomes available, will
take advantage of cable's high-speed delivery system. Each school will receive a free modem, connection to the
service and training for teachers.
To facilitate the price changes,the FCC has waived the 30-day customer notification requirements usually necessary
under these circumstances. If, as a result of these changes, customers wish to change their level of cable service
they may do so free of charge during the thirty (30) day period following the implementation of the price changes
on January 1. Additionally, to provide uniformity with the other Time Warner cable systems in the country, our
Home Entertainment Package will be renamed Standard service on January 1 as well.
Here is more detail regarding the specifics of how the rate changes will impact the customers in your city:
1. The Social Contract permits, and the new FCC rules encourage us to set prices for our in-home
equipment based on the average cost of such equipment in all our systems in the area. The result is that our
equipment charge for this system has decreased by$0.79. Remote controls will decrease by$0.06 per month.
The rates we charge for other services, such as the installation rates for unwired and prewired homes,
additional outlets, and trip charges will also be adjusted and made uniform. Please refer to the enclosed price
change chart for more detailed information.
801 Plymouth Avenue North, Minneapolis, Minnesota 55411 612/522-5200 FAX 612/522-6348
A Time Warner Inc. Company
95-5301.
Mr.Barry Stock
December 21, 1995
Page 2
2. In order to comply with the FCC's desire that Basic cable be made more affordable, we have lowered
the price of our basic service from $7.05 to $6.77. This will allow the benefits of greater reliability and better
picture quality to be extended to people who have not until now been able to afford cable service. The FCC has
permitted us to recover the decline in the Basic service revenue by the addition of the same amount to the revenues
from our CPST services, and it is included along with the other adjustments which make up the overall price
change. Consistent with the social contract,this portion of the adjustment will be revenue neutral to Paragon.
3. The company is now operating under new FCC rules that determine how it may recover the increased
cost of the programming we provide, as well as for general inflation. In the past,these adjustments were allowed
to be made quarterly,but beginning in 1996,adjustments will take place only once a year. According to the rules,
the amount is based on the sum of two separate calculations: the amount of inflation and programming cost
increases affecting this system, for which we had not previously made an adjustment; and the amount of inflation
and programming cost increases we anticipate for 1996. If, however,the forecasts for inflation and programming
costs are too high,customers'bills will be appropriately adjusted in early 1997.
4. Time Warner continues to make substantial investments in this system, as well as its other operations
across the country, to make them more reliable, improve the picture quality and add new channels. We have
accepted a limit of$1 per year on price adjustments to recover this investment and the government has determined it
is a fair return. Had we not accepted this limit, previously existing rules would have allowed us to take an even
larger increase in the future.
5. In order to comply with the Social Contract terms, several services will be moved from Basic service
and become part of the Standard service . Please refer to the enclosed channel line-up card for the new composition
of the tiers.
We understand that any billing change will generate questions from our customers. Should your office receive any
calls, please feel free to forward them to us. Our customer service representatives will be able to handle them, or
you may have them call Mark Hammerstrom or myself directly. If you have any questions about these changes,
please also feel free to give either of us a call. We would be happy to answer them.
Sincerely,
litt 114
Wayne ).Knighto
Enclosures
cc: Shakopee City Council(w/o FCC enclosures)
Shakopee Cable Television Advisory Commission(w/o FCC enclosures)
Dennis Kraft(w/o FCC enclosures)
95-5301.
CHANNEL LINE-UP
CHASKA,SHAKOPEE,CARVER,
JACKSON&LOUISVILLE TOWNSHIPS
2 KTCA(2) 33 Public Access
PBS
3 CNN 34 Educational Access
4 WCCO(4) 35 C-SPAN2
CBS
5 KSTP(5) 36 Prevue
ABC
6 MCN:Metro Cable Network 37 Nickelodeon
7 TBS 38 The Family Channel
8 C-SPAN 39 The Learning Channel
9 KMSP(9) 40 KVBM(45)
UPN HSN
10 WFTC(29) 41 KXLI(41)
FOX Independent
11 !CARE(11) 42 Pay Per View*
NBC Univision
12 WGN 43 Pay Per View*
MEU
13 KTCI(17) 44 Pay Per View*
PBS
14 The History Channel** 45 Pay Per View*
15 Headline News 46 Showtime*
16 ESPN 47 Nostalgia TV
17 USA Network 48 ESPN2**
18 Sci-Fi Channel 49 HBO*
19 Sneak Previews 50 The Disney Channel*
20 CMT:Country Music TV 51 The Movie Channel*
21 TNT 52 Cinemax*
22 The Discovery Channel/MEU 53 Lifetime
23 KLGT(23) 54 MSC:Midwest Sports Channel
WB
24 CNBC 55 BET:Black Entertainment Television
25 The Travel Channel 56 Turner Classic Movies**
26 TNN:The Nashville Network 57 Cartoon Network**
27 Bravo 58 The Weather Channel
28 VH1 59 E!TV
29 A&E 61 TBN
30 AMC:American Movie Clasics 97 QVC
31 Comedy Central 98 EWTN
32 Educational Access 99 MTV
•Optional PremiumService
**Added Value Package
Basic Cable:Normal Font
Standard Package/Optional Services: BOLD Font
Channel Line-up subject to change 1/96
SHAKOPEE PRICE CHANGES
EFFECTIVE JANUARY 1, 1996
CURRENT NEW CHANGE
MONTHLY SERVICE
Basic $ 7.05 $ 6.74 ($ 0.31)
Standard* $14.10 $17.28 $ 3.18
Total $21.15 $24.02 $ 2.87
EQUIPMENT
Converter $ 2.60 $ 1.81 ($ 0.79)
Remote $ 0.22 $ 0.16 ($ 0.06)
INSTALLATION
Unwired Home $17.86 $32.97 $15.11
Prewired Home $17.86 $18.24 $ 0.38
Additional Outlet, (initial $17.86 $19.54 $ 1.68
installation)
Additional Outlet, (separate $17.86 $30.76 $12.90
trip)
Trip Charge $17.86 $18.28 $ 0.42
*Formerly called Home Entertainment.
95-5301.
#
MEMO TO: Honorable Mayor and Council
FROM: Dennis R. Kraft, City Administrator
RE: Newly Elected Officials Conference
DATE: December 27, 1995
The League of Minnesota Cities holds an annual training session for newly elected officials
throughout the state. The metro area session will be held on February 2nd& 3rd in St. Louis
Park.
If you would like more information on this conference or would like to attend please contact
either myself or Toni.
I would strongly recommend that all newly elected councilmembers attend this conference if their
schedules permit.
t
Executive Director, Shakopee To: Dennis Kraft, EDA
From: V.Paul Bilotta, Community Development Director
Meeting Date: January 2, 1996
Re: 1996 Work Programs
NON-AGENDA INFORMATION
The City of Shakopee, the private sector and other organizations have spent a significant amount
of time and resources on ensuring that the Downtown area remains a vital and important area of
the City, particularly after the approval of the Downtown Revitalization Plan in 1984 including the
following:
1. Streetscape Improvements
2. Mini-Bypass
3. Utility Undergrounding
4. Alley Improvements
5. Riverfront Plan
6. Huber Park regrading and seeding
7. Moving Derby Days Downtown
8. Derby Days Parade
9. DNR and Scott-Hennepin Trail Systems
10. Rehab Grant Program
11. Downtown Courthouse Siting Process
12. Blocks 3 and 4 Acquisition
With the Blocks 3 and 4 issue,the courthouse expansion,the recent private sector purchase of the train
station, the Riverfront Plan, the need to update portions of the '84 plan and other Downtown issues
approaching critical times in their development, staff intends to draft recommended work programs for
boards and commissions that will concentrate more coordinated energy on Downtown issues in 1996.
The goal will be to set this as a 12 month priority and harness the combined energies of the various
groups that are currently working on Downtown issues so that each of their efforts can be coordinated
and maximized.
If the Economic Development Authority and/or City Council do not agree with this approach, direction
should be provided to staff so that different work programs may be created and projects reprioritized.
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TENTATIVE AGENDA
BOARD OF ADJUSTMENTS AND APPEALS
Regular Session Shakopee, MN January 4, 1996
Chairperson William Mars Presiding
1. Roll Call at 7:30 P.M.
2. Approval of Agenda
3. Approval of December 7, 1995, Meeting Minutes
4. Recognition by Board of Adjustments and Appeals of Interested Citizens.
5. 7:30 P.M. Public Hearing: To determine the start and end dates for Fischer
Aggregates, Inc.'s Conditional Use Permit#376.
6. Other Business
7. Adjourn
Paul Bilotta
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 Nicole or Shelly on the Monday
or Tuesday prior to the Meeting.
2. If you are unable to attend the meeting,please call the Community Development Department prior to the meeting.
(i:\comomdev\boas-pc\1996\j anO4pc\agenda.boa)
TENTATIVE AGENDA
PLANNING COMMISSION
Regular Session Shakopee,MN January 4, 1996
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 December 7, 1995, Meeting Minutes
6. 7:35 P.M. Public Hearing: To consider the preliminary plat of Westwind 1st Addition,
located west of Fuller Street and across from the Civic Center.
Applicant: James and Mary Monnens and Jeff Monnens
7. 7:40 P.M. Public Hearing: To consider an amendment to Chapter 11, The Zoning
Chapter, Section 11.60, Subd. 8 for a Text Amendment to reduce the Landscaping
Requirements. (Continued at December 7, 1995, meeting.)
Applicant: City of Shakopee
8. * Final Plat: To consider the final plat of Market Place 2nd, located at 5th Avenue and
Market Street. (Tabled at December 7,1995, meeting.)
Applicant: Klingelhutz Development Company
9. * Final Plat: To consider the final plat of Prairie Bend 2nd Addition, located East of
Sarazin Street and South of 4th Avenue.
Applicant: Sienna Corporation
10. Other Business
a) Canterbury Park Event Schedule
11. Adjourn
Paul Bilotta
Planning Director
Note to Planning Commission Members:
JulieorShellyon the Mondayor
If you have anyquestions or need additional information on anyof the above items,please call
Tuesday prior to the Meeting.
If you are unable to attend the meeting,please call the Community Development Department prior to the meeting.
i:\commdev\boaa-pc\1996\janO4peagenda.pc
TENTATIVE AGENDA
ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE
CITY OF SHAKOPEE, MINNESOTA
Annual Meeting January 2, 1996
1. Roll Call at 7:00 P.M.
2. Election of Officers - Resolution No. 96-1
3. Approval of the December 5, 1995 minutes
4 EDA Bill List
5. Blocks 3 & 4 Acquisition Process
6. Housing and Redevelopment Authority Policies
7. Other Business
a)
b)
8. Adjourn
Dennis R. Kraft
Executive Director
MEMO TO: President and Commissioners of the EDA
FROM: Dennis R. Kraft, EDA Executive Director
RE: Election of Officers
DATE: December 28, 1995
INTRODUCTION AND BACKGROUND:
New officers need to be elected for each of the positions on the Economic Development
Authority Board. All of these positions are mandated by statute.
By statute, the offices of Secretary and Assistant Treasurer need not be held by EDA
Commissioners. Last year Judy Cox and Gregg Voxland were appointed to the positions of
Secretary and Assistant Treasurer respectively. Their terms expire at such time as the EDA
decides to replace them. If you desire to appoint Commissioners to one or both of those
positions, the attached resolution should be revised accordingly.
ALTERNATIVES:
1. Elect officers, and adopt Resolution No. 96-1.
2. Amend Resolution No. 96-1 to change the terms of office of Secretary and Assistant
Treasurer, elect officers, then adopt Resolution No. 96-1.
RECOMMENDED ACTION:
Elect officers, then move to adopt Resolution No. 96-1.
ACTION REQUESTED:
Offer Resolution No. 96-1, a Resolution of the Economic Development Authority for the City of
Shakopee, Minnesota, Electing Officers, and move its adoption.
RESOLUTION NO. 96-1
A RESOLUTION OF THE ECONOMIC DEVELOPMENT AUTHORITY FOR THE
CITY OF SHAKOPEE, MINNESOTA, ELECTING OFFICERS.
WHEREAS, the Economic Development Authority for the City of Shakopee, Minnesota
has been created; and
WHEREAS, officers now need to be elected.
NOW THEREFORE, BE IT RESOLVED BY THE ECONOMIC DEVELOPMENT
AUTHORITY FOR THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS:
That in accordance with the Resolution creating the Economic Development Authority for
the City of Shakopee, Minnesota, and the By-laws of the Economic Development Authority, the
Board of Commissioners of the Economic Development Authority hereby elects the following
individuals to the indicated offices:
President:
Vice President:
Treasurer:
The terms of office of the President, Vice President, and the Treasurer shall expire on the
date of the annual meeting of the Board in 1997. The terms of office of Secretary and Assistant
Treasurer shall expire upon action by the Board to elect another person to fill the office or
otherwise modify the term of that office.
Passed in session of the Economic Development Authority for
the City of Shakopee, Minnesota, held this 2nd day of January, 1996.
President
Attest:
Secretary
OFFICIAL PROCEEDINGS OF THE ECONOMIC DEVELOPMENT COMMISSION
REGULAR SESSION SHAKOPEE, MINNESOTA DECEMBER 5, 1995
President Michael Beard called the meeting to order at 7:01 P.M. with Commissioners
Robert Sweeney, Joan Lynch, Gary Laurent, Jon Brekke, Cole Van Horn, and Gary
Morke present. Also present Mayor-Elect Jeff Henderson, Councilors-Elect Jane DuBois
and Burl Zorn;Dennis R. Kraft, City Administrator/EDA Director;Barry Stock, Assistant
City Administrator;Karen Marty, City Attorney; Judith S. Cox, City Clerk; Gregg
Voxland, Finance Director;Paul Bilotta, Planning Director; and Dave Nummer, Staff
Engineer.
Sweeney/Morke moved to approve the Minutes of November 8, 1995. Motion carried
unanimously.
Sweeney/Van Horn moved to approve the bills in the amount of$48.09. Motion carried
unanimously.
Mr. Stock presented an update on the acquisition of parcels within Blocks 3 and 4. He
explained that there are two closings scheduled before the end of the year. Several
relocation awards have been paid out thus far. If we don't proceed with the acquisition,
costs could be high because of lost rent that the property owners will experience. He said
that we may need to proceed quickly on condemnation proceedings.
In response to questions, Mr. Stock explained that it is possible to have to pay relocation
costs to new tenants if the property is not acquired before it is rented again.
There being no further business to come before the Economic Development Commission,
President Beard adjourned the meeting at 7:10 P.M.
Dc-lkda d
J dith S. Cox
A Secretary
Recording Secretary
# LI
TO: Dennis R. Kraft, Executive Director
FROM: Gregg Voxland, Finance Director
SUBJ: EDA Bill List
DATE: December 28, 1995
Introduction
Attached is a listing of bills paid by the City on behalf of and charged
to the EDA and the Blocks 3&4 project for the period 12/1 to 12/28.
Action Requested
Move to approve bills in the amount of $11.21 for the EDA General Fund
and $53,418.36 for the Blocks 3&4 Fund.
ACTIVITY REPORT
as of 12/29/95
CHECK TRANS SUB
FND DIV PROG OBJ DATE NO VENDOR DESCRIPTION REF SYST DEBIT CREDIT
= === === === ___ ========= =======_ ____ ___
115 19 0191 4321 12/28/1995 050631 1842 A I & T WIRELES TELEPHONE 004171 IP 11.21 0.00
TOTAL FOR PROGRAM 0191 11.21 0.00
TOTAL FOR DIVISION 19 11.21 0.00
****TOTAL FOR FUND 115**** 11.21 0.00
439 00 9439 4310 12/12/1995 050432 1906 CONWORTH INC PROFESSIONAL SERV 004024 IP 4185.00 0.00
439 00 9439 4310 12/12/1995 050455 10783 GREGORY, AMY PROFESSIONAL SERV 004040 IP 10377.36 0.00
439 00 9439 4310 12/12/1995 050469 T0781 KUHLEMEIER, ELI PROFESSIONAL S 004050 IP 7518.00 0.00
439 00 9439 4310 12/12/1995 050477 10784 MEOLI, MICHAEL PROFESSIONAL SE 004056 IP 4032.00 0.00
439 00 9439 4310 12/12/1995 050503 T0794 RIEFF, PATRICIA PROFESSIONAL S 004076 IP 650.00 0.00
439 00 9439 4310 12/12/1995 050526 10792 STRANGER, STEVE PROFESSIONAL S 004096 IP 20000.00 0.00
439 00 9439 4310 12/21/1995 050503 T0794 RIEFF, PATRICIA PROFESSIONAL S 004076 TR 0.00 650.00
439 00 9439 4310 12/26/1995 050612 10794 RIEFF, PATRICIA PROFESSIONAL S 004157 IP 6656.00 0.00
TOTAL FOR PROGRAM 9439 53418.36 650.00
TOTAL FOR DIVISION 00 53418.36 650.00
****TOTAL FOR FUND 439**** 53418.36 650.00
*****GRAND TOTAL***** 53429.57 650.00
__
RXACT824
MEMO TO: Dennis R. Kraft, EDA Executive Director
FROM: Barry A. Stock, Assistant City Administrator
RE: Blocks 3 & 4 Acquisition Process
DATE: December 27, 1995
INTRODUCTION:
The future development status of Blocks 3 & 4 remains to be determined. Staff has prepared the
following memorandum to update the EDA in regard to the current status of our acquisition
efforts.
BACKGROUND:
For the past decade, the Shakopee City Council and former Housing and Redevelopment
Authority have been working to revitalize the downtown area. The major component of the
revitalization effort called for the construction of a mini bypass around Blocks 3 & 4 in
Downtown Shakopee. The main concept behind the mini bypass project was to remove heavy
highway traffic congestion from First Avenue in order to allow for a more pedestrian friendly
environment. The Community Development Commission, City Council and former Housing and
Redevelopment Authority have spent considerable time over the past five years evaluating the
development potential for Blocks 3 & 4 in Downtown Shakopee. Development concepts
discussed by these groups have included demolition, building relocations, building rehabilitation,
new construction and various combinations thereof.
In March of 1994, the Shakopee City Council approved an ordinance placing a development
moratorium on Blocks 3 & 4 in Downtown Shakopee. The moratorium has been extended on
two separate occasions and now is scheduled to expire on September 17, 1996. The development
moratorium prohibits the issuance of building permits to property owners within the moratorium
area. The moratorium prevents the property owners from improving their properties thus
potentially escalating the future acquisition cost.
In August of 1995, the Shakopee EDA selected the consulting firm of Conworth, Inc. to assist the
City of Shakopee in the acquisition/relocation process. At that time, the EDA also directed the
appropriate officials to proceed with friendly acquisition of the property under the threat of
eminent domain. The Executive Director of the EDA was also authorized to execute purchase
agreements on behalf of the EDA for parcels located within Blocks 3 &4. The agreement by and
between the Shakopee EDA and Conworth, Inc. provided for the relocation/acquisition assistance
at a cost not to exceed $37,300.00.
Shown in attachment#1 is a summary cost analysis of the parcels located within Blocks 3 & 4.
Shown in attachment#2 is a summary report of the property acquisition process as submitted by
North Star Land Services. North Star Land Services has been retained by Conworth Inc. to
perform the acquisition portion of the project. Note that purchase agreements have been
executed on two of the nine parcels within the project.
The summary included in attachment#1 also includes a summary of the relocation claims paid to
date. It is important to note that once a tenant relocates, theoretically, the landlord could once
again lease out the property and the EDA could once again be subject to relocation payments. If
the landlord chooses not to fill the vacant premises, he/she will likely attempt to obtain lost rent
damages during the condemnation process.
Given the financial implications of lost rent damage awards and potential duplication of relocation
payments, staff believes that it is crucial for the EDA to take steps to expedite the acquisition
process.
From the summary submitted by Northstar Land Services, Inc. it appears that several property
owners may be close to finalizing a purchase agreement. Staff would recommend that the
Executive Director of the EDA be authorized to send a correspondence to each property owner
indicating that if a purchase agreement is not executed within the next 30 days, the City will
initiate formal eminent domain proceedings.
Initially, the Shakopee EDA selected to proceed with the friendly acquisition approach due to the
limited amount of funds available in the TIF balance. Shown in attachment#3 is the most recent
analysis of the TIF Trust Fund Account. Note that between 1995 and 1999 we expect to collect
$2.5 million in Tax Increment Funds that will be allocated to costs associated with Blocks 3 & 4.
If we proceed with eminent domain proceedings, the City has several possible options to pursue in
terms of covering costs associated with this project. The EDA could select to issue general
obligation TIF bonds to cover the costs. The other option would be for the EDA to request a
loan arrangement from the City of Shakopee to cover costs as they are incurred. The loan would
be paid off as tax increment funds are collected. Depending upon the availability of funds, this
may be the preferred option since it could take several years for the final condemnation awards to
be identified and paid out.
Since the development status of Blocks 3 &4 remains uncertain and the financial implications of
condemnation are significant, staff would like to recommend that a Committee of the Whole
Meeting be scheduled for the second and forth Tuesdays in January to continue discussions on
this subject. The meetings could also be used as a forum to solicit input from concerned residents
and/or business owners regarding the future development status of Blocks 3 & 4.
ALTERNATIVES:
1. Schedule Committee of the Whole meetings for the EDA on January 9th and January 23rd
at 7:00 p.m. to discuss the issues surrounding the redevelopment of Blocks 3 & 4.
2. Select some other dates to have Committee of the Whole meetings to discuss this topic.
3. Authorize the Executive Director of the EDA to inform the property owners located
within Blocks 3 & 4 that if purchase agreements are not executed before February 1, 1996
that the City will formally initiate eminent domain proceedings.
STAFF RECOMMENDATION:
Staff recommends alternatives#1 and#3.
ACTION REQUESTED:
1. Direct the appropriate EDA officials to schedule Committees of the Whole for 7:00 p.m.
on January 9th and January 23rd, 1996 to discuss issues relating to the redevelopment of
Blocks 3 & 4 OSP.
2. Move to authorize the Executive Director of the EDA to inform the property owners
located within Blocks 3 &4 that the EDA will initiate eminent domain proceedings if
purchase agreements are not initiated by February 1, 1996.
Attachmnent # 1
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• Attachment #2
Shakopee Blocks 3 and 4 DATE 12-27-95
•
t 'kin- dare . Offer Submi,tted Remarks
(will update as soon as 1 can.
1 James ranter 9-26-95 reach owner) . .
115 E. Bst Ave.
2 phi1h i p R. H 11
Still in process of getting own
. 9-29-95 appraisal. Wants $100,000.00 (City
offered $75,000.00) ;Condenniation
117 E. 1st Ave. probable.
--
3 Ronald N. Hughes 9--26-95 Plans to get another appraissi
After 1st of January. Condemnation
123 r. 1st. Ave. probable. w _�
4 Edmund A. Schmidt Signed P.A. Sent to Scott County
11-28_95 Title and Abstract 12/27/95. t:losln$
125 E. 1st. Ave. date to be determined.
.�..v _.. ...._,_..+
` _ 1 Having finalized P.A. Signed by
5 Rite Topic 9�38�95 Sellers. Will forward P.A. to City
for signature when received from
137 r . Est. Ave. Sellers.
6 John (Jack) Brant it le 9_26_95 Condemnation certain.
203 & 209 E. 1st; Ave.
9-18-95
7 Rita 'Topic Same as 5.
213 E. 1st. Ave. ..�_,�.........._
` Y 9-26-95� � Has turned everything over to lith
8 t;iChael }%ahoneyattorney. Condemnation certain.
271 E. 1st. Ave. _.__�
9 hien En Xian 10-3-95 Condemnation certain; owner refuses
to look at City's written offer.
237 E. 1st. Ave.
Attachment #3
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MEMORANDUM
TO: PRESIDENT AND COMMISSIONERS OF THE ECONOMIC DEVELOPMENT
AUTHORITY FOR THE CITY OF SHAKOPEE
FROM: Karen Marty, City Attorney
DATE: December 14, 1995
RE: HOUSING AND REDEVELOPMENT AUTHORITY POLICIES
BACKGROUND: When the Economic Development Authority (EDA) was
created last spring, the "activities, programs, projects,
operations and authority" of the Housing and Redevelopment
Authority (HRA) were transferred to the EDA. Staff now has
identified certain policies and practices of the HRA which were not
transferred to the EDA. The EDA needs to decide whether to carry
these policies forward as well .
There are three policies of the Housing and Redevelopment
Authority which the Economic Development Authority may want to
adopt for its own. These are policies which (1) appoint a
"responsible authority" to comply with the Data Practices Act, (2)
require disclosure of possible conflicts of interest, and (3)
create a set of property acquisition policies and procedures . The
old HRA resolutions are attached. If the EDA desires to adopt
these policies, staff would rewrite them to match current law and
recommend practices, and bring them back to the EDA for
consideration.
ALTERNATIVES:
1 . Direct staff to prepare policies appointing a "responsible
authority" to comply with the Data Practices Act, requiring
disclosure of possible conflicts of interest, and creating a set of
property acquisition policies and procedures; and return the draft
policies to the Economic Development Authority for consideration.
2 . Direct staff to prepare a policy or policies for one or
two of the three items, and return the draft policy or policies to
the Economic Development Authority for consideration.
3 . Do not direct staff to prepare any policies .
RECOMMENDATION: Discuss the desirability of these policies
and decide whether the Economic Development Authority desires to
have similar policies .
[14MEMO]
RESOLUTION NO. 86-10
RESOLUTION OF THE BOARD OF COMMISSIONERS
OF THE SHAKOPEE HRA ADOPTING A SET OF PROPERTY
ACQUISITION POLICIES AND PROCEDURES
IT IS HEREBY RESOLVED by the Board of Commissioners of the
Housing and Redevelopment Authority in and for the City of
Shakopee, Minnesota, as follows:
1. It is in the best interest of the residents of Shakopee
and of the Shakopee Housing and Redevelopment Authority that a
standardized set of policies and procedures be adopted which will
treat all parties in a fair, equal and impartial manner in the
process of property acquisition by the Shakopee Housing and
Redevelopment Authority.
2 . It is desirable to have a competent third person
provide an indicator of property value when the HRA engages in
the acquisition of property rights. In most instances the
information will be provided by a qualified property appraiser,
whoever under certain circumstances where the property is of
limited value the information might be provided only by the
County Assessor. It may also, under certain circumstances, be
desirable to hire a review appraiser that will verify the
validity of the appraisal procedures utilized and will review the
appraisal or the appraisals for accuracy or errors in judgement.
3 . In order to provide the proper form for the negotiation
of the purchase of properties a negotiating team consisting of a
member of the Housing and Redevelopment Authority, the City
Administrator, the Assistant City Attorney, the Community
Development Director/Executive Director, and other staff persons
or real estate experts as needed, shall function on behalf of the
HRA in the property acquisition process. HRA members shall be
appointed on a rotating basis for a term of one year each. The
first appointment shall be for the remainder of 1986 and for
1987 .
4. All final decisions for the purchase of property will
be made by the Housing and Redevelopment Authority after
considering the recommendations of the negotiating team.
5. Appraisals and other related information which are
obtained for the purpose of negotiating for property acquisition
are not considered public information as defined by the Freedom
of Information Act and this information will be treated as
confidential information.
6. Any member of the HRA or employee or agent of the HRA
who has a interest in a property under consideration for
acquisition shall:
a. Abstain from voting, in case of an HRA member,
when the proposal is considered.
b. Submit a public disclosure of his/her
interest in the property at the time the
property identified for acquisition is
officially authorized by the HRA.
7. The following procedures will be utilized for the
acquisition of property when the property owner is voluntarily
selling property to the City:
a. The HRA will initially authorize the City
Administrator and negotiating team to
negotiate for the acquisition of a particular
parcel of property.
b. The City Administrator will submit a report
to the HRA identifying the probable source(s)
of funding for the proposed acquisition.
c. In those instances where clear title of the
property can not be provided by the seller
the City Attorney may be directed to conduct
a title search of the property.
d. The negotiating team will determine the
specific procedures to be used for property
acquisition and will select the necessary
third parties to provide an independent
indicator of property value.
e. Once the property value is determined to the
satisfaction of the negotiating team the
process of negotiating for the acquisition of
the property will begin.
f. If the seller of property desires an
independent appraisal it shall be done at the
sellers expense.
g. At such time as a mutually acceptable price
is negotiated for the property the
negotiating team will prepare a background
report on the property and will present a
draft purchase agreement to the HRA.
h. If it is not possible to arrive at a mutually
acceptable price the negotiating team still
has the option to submit the owners purchase
agreement for the property to the HRA along
with comments by the negotiating team.
a. Abstain from voting, in case of an HRA member,
when the proposal is considered.
b. Submit a public disclosure of his/her
interest in the property at the time the
property identified for acquisition is
officially authorized by the HRA.
7 . The following procedures will be utilized for the
acquisition of property when the property owner is voluntarily
selling property to the City:
a. The HRA will initially authorize the City
Administrator and negotiating team to
negotiate for the acquisition of a particular
parcel of property.
b. The City Administrator will submit a report
to the HRA identifying the probable source(s)
of funding for the proposed acquisition.
c. In those instances where clear title of the
property can not be provided by the seller
the City Attorney may be directed to conduct
a title search of the property.
d. The negotiating team will determine the
specific procedures to be used for property
acquisition and will select the necessary
third parties to provide an independent
indicator of property value.
e. Once the property value is determined to the
satisfaction of the negotiating team the
process of negotiating for the acquisition of
the property will begin.
f. If the seller of property desires an
independent appraisal it shall be done at the
sellers expense.
g. At such time as a mutually acceptable price
is negotiated for the property the
negotiating team will prepare a background
report on the property and will present a
draft purchase agreement to the HRA,
h. If it is not possible to arrive at a mutually
acceptable price the negotiating team still
has the option to submit the owners purchase
agreement for the property to the HRA along
with comments by the negotiating team.
i. If the HRA agrees to the conditions of the
draft purchase agreement it will formally be
acted upon at a regular meeting.
j . Once the purchase agreement is authorized by
the HRA the City Administrator will then be
responsible for completing the required steps
leading to the HRA' s obtaining the valid
title to the property.
8. Under certain circumstances it might be necessary for
the HRA to acquire property by eminent domain (condemnation) .
The HRA will make every reasonable effort to acquire property
through negotiated agreements, however under certain
circumstances this might not be possible. When the HRA utilizes
the eminent domain process it will impartially protect the
interest of all concerned parties. The HRA will pay fair price
to the property owner and will use acquisition methods and
practices in such a way as to minimize the hardships experienced
by owners and tenants. Property rights will not have to be
surrendered by any owner until compensation for the property to
be acquired has been paid in accordance with the Constitution and
the Laws of the State of Minnesota. No person occupying property
will be required to surrender possession without 90 days written
notice from the HRA, unless a mutually agreed-upon earlier date
is established.
a. The rights of owners and tenants will be
provided for under the Uniform Relocation
Assistance and Real Property Acquisition
Policies Act of 1970 (Uniform Act) .
I . The Uniform Act provides for the following:
Payment for moving expenses
This will either be a fixed payment, including
dislocation allowances up to $500. 00, or a payment
for actual moving costs.
Replacement housing payment
This may be a payment of up to $15,000.00 to allow
for the purchase of a home or a payment of up to
$4,000. 00 to provide for a rental of a dwelling.
Fixed payment in lieu of moving and related
expenses
The owner of rental property may be eligible for a
fixed payment in the range of $2,500. 00 to
$10,000.00 in lieu of moving and related expenses.
If the rental property to be acquired qualifies
for this payment, the amount of benefit to be
received is determined by. income received in the
two previous tax years.
b. In those instances where property is acquired
utilizing Federal funds the added
requirements imposed by Federal law will also
be adhered to by the Housing and
Redevelopment Authority.
Adopted in )4QM,/,11.) session of the Shakopee Housing
and RedevelopmentAudiorit o t}ie City of Shakopee, Minnesota,
held this of 4i. �z, C!/j) , 1986.
g -te-m-kitfigcl
Chairman
ATT
ym.›0
14L-
Executive Director
Approved as to' form this 2
day of , 1986.
/ _ '
City At.,•r —
received is determined by. income received in the
two previous tax years.
b. In those instances where property is acquired
utilizing Federal funds the added
requirements imposed by Federal law will also
be adhered to by the Housing and
Redevelopment Authority.
Adopted in , ,�P,TA,21p session of the Shakopee Housing
and Redevelo menj� Aut"horit ot o City of Shakopee, Minnesota,
J)
held this P&,' . of 4/172!ut1L14) , 1986.
• Lact-pit,
Aa
Chairman
ATTEST
;0
4/
Executive Director
Approved asoto form this .4
day of , 1986 .
I_
City At.,.r - - --- - - , _ _
RESOLUTION NO. 76-1
A RESOLUTION REQUIRING CERTAIN DISCLOSURES AS HEREIN PROVIDED •
WHEREAS, Under the present-day circumstances, many questions
are raised concerning possible conflicts of interest on the part of
public officials and members of official and quasi-official boards
with public functions or quasi-public functions or whose actions
affect or c
oul
dos5i
hl
p ,y affect members of the general al p
blic directly
or :indirectly ; and
WHEREAS, The Shakopee Housing Redevelopment Authority deems
it of paramount importance to ward off and forestall the raising in
the future of any question or even hint of conflict of interest
between the members and the aims of the Authority. ;LL
NOW, THEREFORE, BE IT RESOLVED BY THE SHAKOPEE HOUSING &
REDEVELOPMENT AUTHORITY functioning in Shakopee, that each member
of the Authority at the time of appointment and before assuming
office shall make a written declaration under oath of his or her
ownership or any interest in real estate in the City of Shakopee t `
and the nature and extent thereof, be it fee ownership, less than fee
ownership, a security interest or a leasehold for a period of longer •
than three years.
BE IT FURTHER RESOLVED, That each member of the Authority, at
the Annual Meeting of the Authority, starting with the 30th day of
April , 1976, shall make a disclosure of the nature and extent of his
or her interest of any real estate in the City of Shakopee, be it fee
ownership, less than fee ownership, a security interest or a lease-
hold for a period of longer than three years.
BE IT FURTHER RESOLVED, That such disclosures shall be in
writing and filed with the Executive Director and the Secretary of the
Commission.
Adopted in regular meeting of the Shakopee Housing &the Shakopeift
e HAuthority this l0 - day of )'Y1 arc-L 1976 .
Chairman f he Shakopee HRA
ATTrST!
RESOLUTION NO. 82-1
A Resolution Appointing A Responsible Authority
For The Shakopee Housing and Redevelopment Authority
To Comply With The Minnesota Government Data Practices Act
WHEREAS , Minnesota Statutes , Section 15 . 162 , Subdivision 6 , as
amended , requires that the Shakopee Housing and Redevelopment Authority
appoint one person as the Responsible Authority to administer the re-
quirements for collection, storage , use and dissemination of data on
individuals , within the Authority and,
WHEREAS , the Shakopee Housing and Redevelopment Authority shares
concern expressed by the legislature on the responsible use of all
Authority data and wishes to satisfy dhis concern by immediately
appointing an administratively qualified Responsible Authority as
required under the statute .
BE IT RESOLVED, the Housing and Redevelopment Authority in and
for the City of Shakopee appoints the Deputy Director as the Respon-
sible Authority for the purposes of meeting all requirements of
Minnesota Statutes , Section 15 . 162 through 15 . 169 , as amended , and
with rules as lawfully promulgated by the Commissioner of Adminis-
tration as published in the State Register on August 31 , 1981.
BE IT FURTHER RESOLVED that the name of the current Deputy Director
be placed on file with the Minnesota Department of Administration as
the Responsible Authority for the Housing and Redevelopment Authority
in and for the City of Shakopee regarding the Minnesota Government
Data Practices Act .
Adopted in it,L •w session of the Housing and Redevelop-
ment Authority in and for the City of Shakopee, Minnesota, held this
(2^X day of :11,6 , 1982 .
i
Arman
ATTEST:
Eutive Director
OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL
ADJ. REG. SESSION SHAKOPEE,MINNESOTA DECEMBER 19, 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; Barry Stock, Assistant City Administrator;
Judith S. Cox, City Clerk; Paul Bilotta, Planning Director, Gregg Voxland, Finance Director; Bruce
Loney, Public Works Director/City Engineer; Tom Steininger, Chief of Police; and Dave Nummer, Staff
Engineer; as well as Jeff Henderson, Mayor-Elect; Clete Link, Councilor-Elect; Burl Zorn, Councilor-
Elect; and Jane DuBois, Councilor-Elect(arrived at 8:03 P.M.).
The following items were added to the Agenda: 13c) Valleyfair Agreement, 13d) Workers Compensation
Insurance, and 13e) St. Francis Medical Campus Minor Subdivision and Deed
The following items were deleted from the Agenda: 12a) Adopting A Policy On Testing For Drugs and
Alcohol.
Item 14, Executive Session, was amended to discuss litigation.
Sweeney/Brekke 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.
Bo Spurrier approached the podium and spoke about his sister-in-law's property on Mint Circle which has
been affected by a defective land dedication by Gold Nugget Development. He asked the City Council to
rescind the park dedication credit the developer has received because the lot in question does not have the
easement identified.
Mayor Laurent suggest that Bruce Loney update the in-coming Council on this issue and come back with
a recommendation as to the City's position and what action should be taken, and to do so after consulting
with the City Attorney.
Brekke/Beard moved to direct staff to prepare a recommendation and an analysis of this issue (lack of
easement identified for Lot 1, Block 5, The Meadows 4th Addition) to the new Council in consultation
with the City Attorney. Motion carried unanimously.
Cletus Link, 1216 Jefferson, approached the podium and requested item 12c) be removed from the
Consent Agenda.
} i
Official Proceedings of the December 19, 1995
Shakopee City Council Page -2-
The following items were added to Consent Business: 11b) Public Safety Communications and
Information, 1 lq) Authorize Hiring A Part Time Snow Plow Operator, 13c) Valleyfair Agreement, 13e)
St. Francis Medical Campus Minor Subdivision and Deed.
The following items were deleted from Consent Business: 12c) Amending the 1995 Budget, 11p) Former
City Hall Office Lease-Krucial Data Supply.
Sweeney/Lynch moved to approve the Consent Business as modified. Motion carried unanimously with
Mayor Laurent abstaining from 12f) Accepting Public Improvements for Minnesota Valley 8th Addition
and Cncl.Brekke abstaining from 7) approving the Minutes of November 29th.
Sweeney/Lynch moved to approve the Minutes of November 21st and 29th, and December 5th, 1995.
(Motion carried under Consent Business with Cncl. Brekke abstaining from the November 29th Minutes
as he was absent, and correcting the spelling of his name in the December 5th Minutes).
Mayor Laurent opened the public hearing on the vacation of drainage and utility easements between Lots
4 and 5, Block 1, Valley Park 6th Addition.
Paul Bilotta explained that this vacation request is being made in order to combine Lots 4 and 5, Block 1,
Valley Park 6th Addition, through the Minor Subdivision process. The Planning Commission
recommended approval.
Mayor Laurent asked if there was anyone in the audience who wished to make any comments. Having
no response the public hearing was closed.
Brekke/Beard offered Resolution No. 4359, A Resolution Of The City Of Shakopee Vacating A Portion
Of The Drainage And Utility Easements Within Valley Park 6th Addition, and moved its adoption.
Motion carried unanimously.
Mayor Laurent opened the public hearing on the vacation of drainage and utility easements between Lots
1, 2, and 3, Block 1, Prairie House 2nd Addition.
Paul Bilotta explained that this vacation request is being made in order to combine Lots 1, 2, and 3,
Block 1, Prairie House 2nd Addition, through the Minor Subdivision process. The Planning Commission
recommended approval.
Mayor Laurent asked if there was anyone in the audience who wished to make any comments.
Larry Griffith, on behalf of the applicant, Valleyfair, approached the podium and stated they have only
removed the interior easements from the three lots and that he is available to answer any questions that the
Council may have.
Official Proceedings of the December 19, 1995
Shakopee City Council Page -3-
Mayor Laurent asked if there was anyone in the audience who wished to make any comments. Having
no response the public hearing was closed.
Beard/Lynch offered Resolution No. 4339, A Resolution Of The City Of Shakopee Vacating Drainage
And Utility Easements Within Prairie House 2nd Addition, and moved its adoption. Motion carried
unanimously.
Sweeney/Lynch offered.Ordinance No. 442, An Ordinance Of The City Of Shakopee Amending The
Zoning Map Adopted In City Code Section 11.03 By Rezoning Land Commonly Known as 1785 West
County Road 42 From Rural Residential (RR) to Agricultural Preservation (AG), and moved its adoption.
(Motion carried under Consent Business).
Sweeney/Lynch offered Ordinance No. 443, An Ordinance Of The City Of Shakopee Amending The
Zoning Map Adopted In City Code Section 11.03 By Rezoning Land Commonly Known As Prairie
House 2nd Addition from Major Recreation (MR) to Planned Unit Developed Overlay Zone NO. 1, and
moved its adoption. (Motion carried under Consent Business).
Sweeney/Lynch offered Appeal Resolution No. CC-724, A Resolution Of The City Of Shakopee,
Minnesota, Affirming In Part And Reversing In Part The Decision Of The Board Of Adjustment And
Appeals Regarding A Conditional Use Permit Approved For S.S.G. Corporation, and moved its
adoption. (Motion carried under Consent Business).
Sweeney/Lynch moved to authorize the appropriate City officials to enter into a joint powers agreement
for a public safety communications and information system with the County of Scott. (Motion carried
under Consent Business).
As a result of an investigation by the Scott County Sheriff's Department the Shakopee Police Department
has been asked to consider purchasing or leasing a number of Mobile Data Transmitters in order to
address some of the overload problems in the emergency radio communications system.
Dennis Kraft explained that the Mobile Data Terminals would allow officers direct access to the State
computer and free up the dispatchers allowing them to perform other duties. He discussed the alternatives
and recommended option 5) to purchase and install MDT's and to pay Scott County$40.00 per month for
insurance, maintenance and line charges.
A discussion ensued relating to leasing versus purchasing.
Chief Steininger explained that he felt that the mobile data terminals would be inadequate in three years,
but suggested purchasing them as opposed to leasing because the equipment would have some residual
value. He stated that he felt that the MDT's will fill the City's needs as opposed to the mobil computer
terminals. The 486 chip may not be current technology three years from now when the new Records
Management System and Computer Aided Dispatch System are up and running.
Official Proceedings of the December 19, 1995
Shakopee City Council Page -4-
Sweeney/Lynch directed staff to enter into a lease agreement with Scott County for the six Mobile Data
Terminals. (Type II MDT's at $100.46/mo. x 60 mos. + $387.00 installation = $6,414.60 including
insurance, maintenance and line charges.) Motion carried unanimously.
Sweeney/Lynch moved to remove the ordinance allowing limited construction in City easements from the
table. (Motion carried under Consent Business).
Sweeney/Lynch moved to direct staff to advise the applicant to apply for a vacation of an easement on his
property for the construction of a deck as per his building permit application. (Motion carried under
Consent Business).
Sweeney/Lynch moved to direct staff not to redraft the ordinance allowing limited construction in City
easements as previously directed at the December 5, 1995 Council meeting and remove from further
consideration. (Motion carried under Consent Business).
Sweeney/Lynch moved to terminate Al Koester's probationary status and adjust his salary to Step 2 of the
1995 Pay Plan. (Motion carried under Consent Business).
Sweeney/Lynch moved to accept the drainage easement from Valley Industrial Center 3 limited
Partnership on Lot 2, Block 1, Valley Park Tenth Addition. (Motion carried under Consent Business).
Sweeney/Lynch moved to authorize the City Clerk to issue cigarette licenses for 1996. (Motion carried
under Consent Business).
Sweeney/Lynch moved to approve the application and grant a massage center license to Dawn M.
Krause/Klip and Kurl, 238 South Lewis Street. (Motion carried under Consent Business).
Sweeney/Lynch moved to approve the application and grant a masseuse license to Dawn M. Krause, 238
South Lewis Street. (Motion carried under Consent Business).
Sweeney/Lynch moved to approve the application and grant a Tattoo License to Linda Kurian, Body Art,
205 South Lewis St., conditioned upon proof of the required insurance. (Motion carried under Consent
Business).
Sweeney/Lynch moved to approve the issuance of a Tattoo License to Treavor Robert Collis and Allen
Joseph Lindback at body Art, 205 South Lewis St., conditioned upon proof of the required insurance.
(Motion carried under Consent Business).
Sweeney/Lynch moved to approve the application and grant a Pawnshop License to American
Pawnbrokers, Inc.,'450 West 1st Avenue. (Motion carried under Consent Business).
Official Proceedings of the December 19, 1995
Shakopee City Council Page -5-
Sweeney/Lynch moved to approve the application and grant a Pawnbroker, Precious Metal Dealer and
Secondhand Dealer's license to Johan W. Nelson, American Pawnbrokers, Inc. 450 West 1st Avenue.
(Motion carried under Consent Business).
Sweeney/Lynch moved to approve employee licenses for the following employees of American
Pawnbrokers, Inc.: Samuel David Rockne, Dennis William Nelson, Patrick Tony Rockne and Tracy
Allen Hirzel. (Motion carried under Consent Business).
Sweeney/Lynch moved to approve the application and grant a Pawnshop License to Shakopee Pawn and
Cash Co., 1147 Canterbury Road. (Motion carried under Consent Business).
Sweeney/Lynch moved to approve the application and grant a Pawnbroker, Precious Metal Dealer and
Secondhand Dealer's license to Frank John Marzario, Shakopee Pawn and Cash Co., 1147 Canterbury
Road. (Motion carried under Consent Business).
Sweeney/Lynch moved to approve employee licenses for the following employees of Shakopee Pawn and
Cash Co.: John Richards, Sherri Marzario, Nick Falco, Jessica Dold,`Mike Gould, David Wagner,
Charles Spencer, and Julian White. (Motion carried under Consent Business).
Sweeney/Lynch moved to approve the purchase of the Television from Mikes TV and Appliance in the
amount of$1999.00 (for Fire Department). (Motion carried under Consent Business).
Sweeney/Lynch moved to approve the purchase of water rescue dive equipment from Northland Divers
Inc. for the amount of$5204.60. The money is in the Capital Equipment budget. (Motion carried under
Consent Business).
Sweeney/Lynch moved to amend the contract entered on 12/20/94 by and between the City of Shakopee
and George's Cleaning Service as necessary for submission to Council for the purpose of increasing the
monthly payment to Mr. Ficzeri to$612. (Motion carried under Consent Business).
Sweeney/Lynch moved to approve the following interfund transfers:
1) From TIF Trust to the Civic Center Capital Projects fund $1,000,000.
2) From TIF Trust to Downtown Alleys Capital Projects program $500,000.
3) From TIF Trust to the Sewer Fund to fund the Rahr Force Main project in the amount of$304,765.
4) From CIF to Downtown Streetscape II capital projects fund in an amount of approximately$26,000.
5) From the MEBCO Capital Projects fund to Block 3 &4 Capital Projects fund $37,400.
6) From the FMG Capital Projects fund to Block 3 &4 Capital Projects fund $5,199.
7) From the 1987A TIF Debt Service Fund to Block 3 &4 Capital Projects fund $37,400 in cash and the
remaining assets(special assessments) to the CIF.
8) From the TIF Trust Fund to Block 3 &4 Capital Projects fund $350,000.
Official Proceedings of the December 19, 1995
Shakopee City Council Page -6-
9) From 1988A Improvement Debt Service, transfer all remaining assets to Capital Improvement Fund
to close out the debt service fund.
10) From the 1992 Improvement Capital Projects fund to the 1992 Improvement Debt Service Fund, all
remaining assets to close the capital projects fund.
11) From TIF Trust Fund to below listed debt service funds to provide for 1996 bond payments:
1988B TIF $120,000
1992 TIF 405,000
1993A TIF 339,000
1993C TIF 248,000
(Motion carried under Consent Business).
Sweeney/Lynch moved to approve Bills in the amount of$4,165,518.66 (of which $1,550,000.00 is a
transfer of funds). (Motion carried under Consent Business).
Barry Stock explained that the City of Shakopee presently has a lease arrangement with Krucial Data
Supply in the upper level of the former city hall building. The lessee is requesting that the terms of the
lease be renegotiated due to the pending business reorganization and the uncertainty regarding the status
of Blocks 3 &4. He is requesting that the rent be reduced to$125.00 per month.
Cncl. Brekke expressed concerns of potential liability for relocation fees, and asked if it would be in the
City's best interest to raise the rent and let the tenant go.
Barry Stock explained that the City is subject to relocation fees regardless of the approach taken. He
explained that relocation fees are based on three similar spaces in the community and averaged.
Mayor Laurent asked if the rent were reduced and the tenant found the same amount of space but at a
higher rate, would the City be liable for relocation fees.
Barry Stock stated that the tenant has informed him that he does not intend to relocate.
Brekke/Sweeney moved to direct staff to contact Krucial Data Supply representatives and try to negotiate
an agreement that would waive relocation fees and lower the amount of rent after consulting with legal
counsel. Motion carried unanimously.
Sweeney/Lynch moved to authorize staff to hire Gerald Dircks as a part time snow plow operator at
$11.09 per hour for the 1995-1996 snow removal season. (Motion carried under Consent Business).
Sweeney/Lynch offered Resolution No. 4346, A Resolution Approving an Agreement with the Minnesota
Department of Transportation for Reimbursement of Technical Certification Costs and moved its
adoption. (Motion carried under Consent Business).
Official Proceedings of the December 19, 1995
Shakopee City Council Page -7-
There have been several changes since the adoption of the 1995 Budget that require budget amendments.
Mayor Laurent asked if anyone present wished to make any comments on the proposed amendments to
the 1995 Budget.
Cletus Link approached the podium and asked whether funds not budgeted for 1995 were approved by the
City Council or done administratively. He also asked at what point the Council becomes involved in
spending.
Cncl. Sweeney explained the unallocated funds and stated that the department heads are monitored.
Lynch/Brekke offered Resolution No. 4366, A Resolution Amending Resolution No. 4136 Adopting the
1995 Budget, and moved its adoption. Motion carried unanimously.
Sweeney/Lynch offered Resolution No. 4368, A Resolution Amending the 1996 Pay Schedule For The
Offices And Non-Union Employees Of The City Of Shakopee, and moved its adoption. (Motion carried
under Consent Business).
Sweeney/Lynch offered Ordinance No. 437, An Ordinance Of The City Of Shakopee, Minnesota,
Amending City Code Chapter 4, Construction Licensing, Permits and Regulations, Section 4.01,
Building Code, By Repealing Subdivision 1, Building Code, and Adopting One New Subdivision In Lieu
Thereof, Relating To The Same Subject, and moved its adoption. (Motion carried under Consent
Business).
Sweeney/Lynch offered Resolution No. 4369, A Resolution Accepting The Public Improvements For
Minnesota Valley 8th Addition, and moved its adoption. (Motion carried under Consent Business with
Mayor Laurent abstaining).
In response to a question as to how the December 19, 1995 Minutes would be approved, Judy Cox
explained that there are two alternatives for approving Minutes when there is a change in the membership
of an organization. The Council may appoint a committee to meet in the future to approve the Minutes,
or if a sufficient number of the in-coming Councilors are present at the meeting, they may approve the
Minutes.
It was the consensus of Councilmembers and the Mayor-Elect and Councilmembers-Elect that the new
Council would approve the Minutes of December 19th.
Sweeney/Lynch moved to rely on the in-coming Councilmembers to approve the Minutes, if they
attended the meeting. Motion carried unanimously.
Jane DuBois, Councilor-Elect, arrived and took a seat in the audience.
Official Proceedings of the December 19, 1995
Shakopee City Council Page -8-
Mayor Laurent gave an update on the construction of the Civic Center. He mentioned that the Council
had appointed the Mayor, City Administrator and Ass't. City Administrator to a design committee to
make decisions while the civic center was under construction. This was done so that construction would
not be delayed for Council actions on decisions that would be needed during the course of construction.
He said that he tried to keep the Council up to date as the facility progressed. It is almost complete and
that he can now give a report.
Mayor Laurent identified estimates and construction costs with similar facilities. He stated that he felt the
City received its monies worth through the construction of this and now has a very functional facility. He
handed out a summary of the budgeted amounts and actual costs for various portions of the civic center.
There are some items with higher costs than were budgeted as a result of decisions made by the design
committee. Those items include an upgraded HVAC system that increases the service life and reduces
maintenance costs, and paving a portion of the parking lot in order to have a hard surface to drive on this
winter.
Items not typically in a construction budget but in this budget include: a computer system, copy and fax
machines, and trunk water fees.
Items not expended in the budget but recommended being expended at this time include: ice skate
sharpener at a cost of$10,000 which would generate approximately $3,000 revenue per year; front lobby
furniture at a cost of$15,000; front lobby upgrade to include a lounge area and vaulted ceilings at a cost
of $12,000; exercise equipment increase from $15,000 to 25,000 which would generate more
memberships and more appropriately fill the designated area. Mayor Laurent noted that the interest on
the TIF funds allocated for this project has generated interest earnings in excess of$150,000 which could
be used for these items. The $150,000 stays in the TIF Surplus Fund. He recommended moving the
$48,050 from the TIF Trust Fund to cover the cost of the items that are not typically included in a
construction budget.
Mayor Laurent recommended that the community continue to look at future needs that will be generated
by a growing community and suggested an additional sheet of ice at a cost of approximately $1.2 million
which would generate approximately $140,000 in gross revenue per year, stating that it would be a good
investment. He listed soccer fields, tennis courts, day care, golf simulators, etc. as other things to
consider in the next phases of the facility.
Mayor Laurent suggested that the Council consider whether to allocate money from the TIF surplus to
pay the waived building permit fee as a way of getting money into the general fund.
Sweeney/Beard moved to commend the civic center design committee for their successful treatment of the
budget and coming in at budget with the overage being conditions that have not yet been adopted.
Motion carried unanimously.
Official Proceedings of December 19, 1995
Shakopee City Council Page -9-
Mayor Laurent stated that Greystone Construction did a marvelous job and that he believes that the
construction manager format that was used was a good format. The City ended up spending about 8%
for both design and construction management as opposed to some other proposals where the City would
have paid 8% just for design. He said that he is convinced that the construction manager format is the
route to be followed on any project over$1,000,000.00 in size.
Brekke/Beard moved to allocate $48,050.00 from the TIF Trust Fund to offset the costs associated with
the following items: computer system, copy/fax machine, and trunk water fee. Motion carried
unanimously.
Sweeney/Lynch moved to authorize the appropriate City officials to execute the agreement with Cedar
Fair Limited Partnership accepting jurisdiction of the levee system under certain conditions. (Motion
carried under Consent Business).
In response to questions as to the number ofworkers compensation claims this year and the dollar
amount spent on deductibles, Gregg Voxland stated that there are 23 claims to date this year and there
was a wash as far as costs go. He stated that the number of claims is up slightly and there are a few
serious claims.
Sweeney/Beard moved to accept the quotation from the League Of Minnesota Cities Insurance Trust for
workers compensation coverage for 1996 with a deposit premium of$81,006 and medical cost deductible
of$500. Motion carried unanimously.
Sweeney/Lynch moved to authorize the appropriate City officials to execute the necessary documents to
complete the exchange of property located in the St. Francis Medical Campus between St. Francis
Regional Medical Center, Shakopee Public Utilities Commission and the City of Shakopee. (Motion
carried under Consent Business).
Mayor Laurent stated that it has been both an honor and a pleasure to have worked with the staff and
Councilmembers and to have served as the City's Mayor for the last six years and has appreciated the
support of the community.
Having no other business to come before the City Council, Mayor Laurent adjourned the meeting at 8:44
P.M.
Due to the absence of the City Attorney, the Council did not convene in executive session.
"tljk 0Q. e/C
dith S. Cox, City'Clerk
Esther Ten Eyck,Recording Secretary
532 East Seventh Avenue 4715to.
Shakopee,MN 55379
November 21, 1995
t
Gary Laure . ayor : ,
129 Ho es Avenue
S opee, MN 55379
Dear Mr. Laurent:
I recently heard of a proposal that was brought up to abolish snowmobiling within
the Shakopee City limits. I realize that the proposal is not that pressing of a issue at
the moment, but it does raise my concern for the future.
I enjoy the sport of snowmobiling, and if a law was passed such to rid our town of
the of snowmobiles, except for the State trail, it would greatly hinder many people's
use of them. As the law stands now, people are free to drive their snowmobiles
within the city limits as long as they are going to or from one of the trails. With
the law this way, it allows people to drive their snowmobiles to their destination
without having to trailer it.
If people need to use trailers for their snowmobiles their expenses would go up, for
example, purchasing trailer tabs, possibly needing additional insurance, and it will
use more gas to drive to the trail and then to be on their way.
I realize that with all the developments that are taking place now and that will be
taking place in the future that eventually snowmobiling within the city limits will
possibly have to come to a halt. But, for the time being,we will enjoy the
opportunity to just hop on our sleds and go.
Thank you for your time and concern. I hope that this will inspire your voting
preference if this topic should ever rise to the occasion.
Sincerely,
7464/yic.,i .4'41.t'&
Maggie Busch
RECOMMENDED ACTION:
Receive and file correspondence from Maggie Busch.
g6
BMS
BUREAU OF MEDLATION SERVICES
State of ;Minnesota
COA
IN THE MATTER OF A PETITION FOR plo
INVESTIGATION AND DETERMINATION
OF PUBLIC EMPLOYEES' APPROPRIATE
UNIT AND EXCLUSIVE REPRESENTATIVE
December 28, 1994
Shakopee Management Association, Prior Lake, Minnesota
- and -
City of Shakopee, Minnesota
BMS Case No. 96-PCE-993
MAINTENANCE OF STATUS. QUO ORDER
A petition requesting certification as exclusive representative for
collective bargaining purposes was filed with the Bureau of
Mediation Services on December 26, 1997, by the Shakopee Management
Association, Prior Lake, Minnesota. The petition raises questions
as to the representation of the following described employee group:
All confidential, supervisory and professional
employees of the City of Shakopee, Minnesota,
who are public employees within the meaning of
Minn. Stat . 179A. 03 , subd. 14 .
This Order is issued to preserve existing conditions and promote
a free and fair environment for the resolution of this question of
representation. This Order is applicable to all employees within
the above described employee group. It shall remain in full force
and effect until an investigation and/or hearing has been conducted
and the matter is disposed of by a determination issued by the
Commissioner of the Bureau of Mediation Services.
ORDER
1 . Wages, hours and all existing conditions of employment
of the employees shall not be changed as of the date of
this Order.
2 . Negotiations shall not be carried on.
3 . Threats or promises as to changes in wages, hours and
conditions of employment are prohibited.
4 . Employees shall not be questioned by the employer with
respect to membership in a labor organization.
(612)649-5421 FAX.(612)643-3013
1380 Energy Lane•Suite #2•St.Paul, MN 55108-5253
An Equal Opportunity Employer
Maintenance of Status Quo Order
BMS Case No. 96-PCE-993
Page Two. . .December 28, 1995
5 . Employees shall not be discriminated against as a
result of the filing of the petition.
6 . The Employer shall post this Maintenance of Status
Quo Order at the work locations of all employees
involved.
This Order shall not conflict with provisions of an existing labor-
management contract or applicable law.
STATE OF MINNESOTA
Bureau of Mediation Services
otareAt b *revzsCi%
JANET L. JOHNSON
Hearing Officer
JLJ
cc: Barry Stock
Dennis Kraft (2)
(Includes Posting Copy)
POspy
COPY
OF S�AKOpEE
G�� Z � 1995
MEMO TO: Mayor and City Council /I
FROM: Dennis R. Kraft, City Administrator
RE: 1996 Liaison/Related Appointments
DATE: December 27, 1995
At the first meeting of a new year, City Council should assign committee duties to
its members. It has been past practice that a member on the City Council serve as a liaison
to the following:
1. Shakopee Public Utilities Commission
2. Murphy's Landing
3. Independent School District#720
4. Scott County Board of Commissioners
5. Shakopee Convention and Visitors Bureau
6. Association of Metropolitan Municipalities
7. Alternate to the Metropolitan Municipalities
8. Suburban Rate Authority
9. Alternate to the Suburban Rate Authority
10. Acting Mayor to fulfill the duties of the Mayor in his absence
Past practice has been for the Mayor to talk with individual Councilmembers to
determine their interests and then to recommend specific appointments. The Council as a
whole has then endorsed the Mayor's recommendations and affirmed the actual
appointments.
The Suburban Rate Authority specifically requires a resolution for the appointment
of both the Director and Alternate Director from the City of Shakopee. Therefore a
resolution has been prepared for Council consideration. The appropriate names will need
to be determined by Council for insertion into the resolution. The City of Shakopee is a
member of the Suburban Rate Authority and as such has a vote on the decisions that they
make.
The Mayor may also wish to make a recommendation for Chair of the Economic
Development Commission, if he chooses.
RECOMMENDED ACTION:
1. Make liaison appointments to the various entities mentioned
2. Offer Resolution No. 4370, A Resolution Designating A Director and
Alternate Director to the Suburban Rate Authority, and move its adoption.
i:clerlajudy\1iaison
1 *
• • •
RESOLUTION NO. 4370
A RESOLUTION DESIGNATING DIRECTOR AND ALTERNATE
DIRECTOR TO SUBURBAN RATE AUTHORITY
BE IT RESOLVED by the City Council of the City of Shakopee, Minnesota as
follows:
is hereby designated to serve as a Director of the Suburban
Rate Authority and is hereby designated to serve as the Alternate
Director of the Suburban Rate Authority for the year 1996 and until their successors are
appointed.
Adopted in session of the City Council of the City of Shakopee,
Minnesota,held this day of , 1996.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form:
City Attorney
•
A
MEMORANDUM
TO: Dennis R. Kraft, City Administrator
FROM: Judith S. Cox, City Clerk
SUBJECT: Designation of Official Newspaper
DATE: December 26, 1995
INTRODUCTION:
One of the actions that City Council should perform at their
first meeting of the year is the designation of an official
newspaper.
BACKGROUND:
The City is required by law to publish certain matters in its
official newspaper, during the course of the year. We publish the
Council minutes (motions only) , Ordinances, Resolutions when
required by law, notices of public hearings on planning matters and
public improvement projects, and advertisements for bids. It is
appropriate that this designation be made at this time.
To be qualified as a medium of official and legal publication,
a newspaper must meet certain qualifications set forth by State
law. To name a few, it must be distributed at least five days each
week if a daily paper or be distributed at least once each week for
50 weeks each year if not a daily paper. News columns devoted to
news of local interest to the community which it purports to serve
must be 25% if published more often than weekly and 50% if weekly.
It must be circulated in the City which it serves and meet certain
circulation requirements. It must have its known office of issue
located within the county or adjoining county of the City it
serves. It must file a statement of ownership and circulation with
the secretary of state each year.
As long as I can remember, the Shakopee Valley News has been
the City's official newspaper.
The City has received the attached letter from Mr. Rolfsrud
asking that the City consider appointing the Shakopee Valley News
as its official newspaper.
The 1996 charge for legal notices will be $7.67 per column
inch.
Previous years charges for legal notices were:
1995 - $7.30/column inch for 1st insertion
1994 - $6.89/column inch for 1st insertion
1993 - $6.49/column inch for 1st insertion
The City has budgeted $16,000 for 1996 for legal publications
and has spent $13,947 through November 30, 1995.
The City has had a very good working relationship with the
Shakopee Valley News. They have been most cooperative in
publishing notices that were sent to them after their deadline and
have published them whenever possible. They have published items
at no charge in their "In Brief" section as well as press releases.
They have also written articles on matters when requested to get
the word out.
ALTERNATIVES:
1. Designate the Shakopee Valley News as the City's official
newspaper.
2. Obtain quotes from other newspapers that may qualify as an
official newspaper.
RECOMMENDATION:
Staff recommends alternative #1. Residents of the City are
more likely to look for legal notices pertaining to their community
in a local publication.
RECOMMENDED ACTION:
Move to designate the Shakopee Valley News as the official
newspaper for the City of Shakopee for the year 1996.
i:cle&judyNSVN-0FFi
Shakopee Valley News
December 26, 1995
Mr. Dennis Kraft, City Administrator
City of Shakopee
129 Holmes St. South
Shakopee, MN 55379
Dear Mr. Kraft,
Please consider our request for appointment of the Shakopee Valley News as the official newspa-
per for the City of Shakopee in 1996.
Legal notices published in the Shakopee Valley News during this time period will be billed at the
rate of $7.67 per column inch for the first insertion and $5.57 per column inch per subsequent
insertions. A complete guide outlining our procedures and rate structure, as well as a copy of our
certification from the Secretary of State's Office which enables us to publish legal notices, is
enclosed.
In accordance with Minnesota Statute 331A.02, the Shakopee Valley News has met certain quali-
fications in order to become a legal newspaper to better serve the community. Some of the quali-
fications we must meet to become a legal newspaper include: distribution of the paper at least
once a week for 50 weeks out of the year; be circulated in the local public corporation which it
purports to serve, and either have at least 500 copies regularly delivered to paying subscribers,or
have at least 500 copies regularly distributed without charge to local residents; have its known
office of issue established either in the county in which is lies in whole or in part, the local public
corporation which the newspaper purports to serve, or in an adjoining county; file a copy of each
issue immediately with the state historical society; etc.These are just a few of the stringent guide-
lines a newspaper must fulfill in order to become a certified legal newspaper. It is our goal to serve
you as your legal newspaper for the coming year.
Thank you for the opportunity to be of service to you in the past.We hope that relationship can be
contir ed in the coming year.
Re• •-c
V
Stan Rolfsrud
Publisher
SHR:Iah
enclosure
327 Marschall Road •Suite 125 •Shakopee, Minnesota 55379 •(612) 445-3333
INFORMATION FOR GOVERNMENTAL BODIES AND INDIVIDUALS USING THE
LEGAL NOTICES SECTION OF THE
Shakopee Valley News
Deadlines
Notices to be published must be received in the office of the Shakopee Valley News by noon the Friday
preceding each publication date. This deadline must be observed to ensure accurate and timely publication
of important notices.
Affidavits
One sworn affidavit of publication will be provided, upon request, without charge for each legal notice.
Additional affidavits are available at$3.50 each. Additional clippings are available for$1.00 each.
Late Fee
Urgent legal notices which do not arrive at the Shakopee Valley News office before the specified deadline
may be accepted,at the publisher's discretion,but will have a late fee or surcharge of 25 percent added for
special handling.
Publication Requirements
Most specifications for legal notice publication,including the number of times a notice is to run,are set forth
by statute. Interpretation of the statutes is the responsibility of the customer and its legal counsel,not the
publisher. Guidelines for governmental bodies, prepared by the Minnesota Newspaper Association, are
available upon request.
Kill Fee
Publication of scheduled notices may be stopped,depending on how far the printing process has advanced.
If a legal notice is killed before the initial publication date, the customer may still be liable for a special
typesetting fee,not to exceed 30 percent of the cost of the published notice. The customer must pay on a pro
data basis, for that part of a series of publications that have been completed before interruption by the
customer.
Errors
Publisher assumes.no responsibility for errors in typesetting or scheduling of legal notices. In all cases,
publisher's liability shall be limited to a"make good"of a defective notice if it can be demonstrated that the
error was made by the publisher and that as a result of the error the legal notice was rendered invalid.
Rates
Effective January 1, 1985,the Minnesota State Legislature authorized legal newspapers to charge for legal
notices in the same manner in which they charge their best commercial display classified customers. That
means that legal notices are billed by the column inch,not by the"legal line." The law also restricts rate
increases exceeding 10 percent per annum.
SHAKOPEE VALLEY NEWS RATE INFORMATION
Lowest classified rate paid by commercial users $11.00 per column inch
Legal advertising,first insertion $7.67 per column inch
Legal advertising,subsequent insertions $5.57 per column inch
•
State of Minnesota
; • .:�._ SECRETARY OF STATE
•
- � - APPLICATION FOR LEGAL NEWSPAPER STATUS
PLEASE READ INSTRUCTIONS ON REVERSE SIDE BEFORE COMPLETING THIS DOCUMENT
THIS APPLICATION SHOULD BE FILED AFTER SEPTEMBER 1, AND ON OR BEFORE DECEMBER 31, EACH YEAR TO
APPLY FOR LEGAL NEWSPAPER STATUS FOR AN ENTIRE CALENDAR YEAR. APPLICATIONS RECEIVED IN OUR OFFICE
AFTER JANUARY 1.ARE EFFECTIVE FROM THE DATE WHEN THEY ARE FILED AND PROCESSED BY THIS OFFICE,
1. NAME AND MAILING ADDRESS OF NEWSPAPER:
SCOTT 70 010195
SHAKOPEE VALLEY NEWS
PO BOX 8
327 MARSHALL RD
SHAKOPEE MN 55379
2. ADDRESS OF KNOWN OFFICE OF ISSUE(complete street address or rural routc and rural route box number):
327 Marschall Road Shakopee MN 55379
STREET ADDRESS CITY STATE ZIP CODE
3. COUNTY: Scott
STATE OF MINI*Sorit
OEPARTWERr OFFREDSTATE
4. NAME AND TELEPHONE NUMBER OF A CONTACT PERSON: r,,n. ,
Beth Bock 612C____.) 445-3333
hadditiallisto L 5,
Secrthwy of state
AO,
5. '1
Signaturi4 f Authorized Person
1, Joan Anderson Growe, Secretary of State do hereby certify that the above listed publication has met the filing requirement for a legal
newspaper as set forth in Minnesota Statutes Section 331A.02 subd. 1(1).
This authorization is effective January 1,or the date stamped below,whichever is later.
•
Joan Anderson Growe •
Secretary of State
In order to process this application for legal newspaper status you must return the completed application along with:
A. The$25.00 filing fee made payable to the Secretary of State;and
B. A published copy showing the date of publication,of either 1)the U.S.Post Office 2nd Class Statement of Ownership and
Circulation;or 2)Statement of Ownership and Circulation verified by a recognized independent circulation auditing agency.
08921238 Rev. 10/93 Lim
yt,
TO: Dennis R. Kraft, City Administrator // _,
FROM: Tom Stelninger, Chief of Police
SUBJECT: Firearms Training Contract
DATE: 12 18 95
INTRODUCTION: -
Alexandria Technical College has advised the police department that
they need a contract with the City to be able to continue providing
specialized firearms training for the police department.
BACKGROUND:
Alexandria Technical College has provided specialized firearms
training for the police department for at least the last six years.
The training, called Firearms Automated Training Systems (FATS)
uses computer generated scenarios to place officers in hypothetical
situations which require the officer to make a decision regarding
use-of--force. The instructor evaluates trainee performance in the
following areas:
- Was the use of force legal and appropriate?
- Was the level of force used appropriate to the situation?
- Reaction time.
- Accuracy (if a firearm was used) .
- Did the officer employ appropriate measures to de-escalate
the situation?
- Did the officer employ techniques to maximize his/her own
safety?
The Police Department was recently advised that the College is now
required by the State of Minnesota to have a contract on file for
any and all training they provide. A copy of the proposed contract
has been attached to this memo.
The cost per student has been increased by $5.00. There are
adequate funds in the Police Training Budget to cover this
expenditure.
ALTERNATIVES:
#1. Authorize Training Contract with Alexandria Technical College.
#2. Do not authorize Training Contract.
RECOMMENDATION:
Alternative #1.
ACTION REQUESTED:
Authorize the appropriate City Officials to enter a contract with
Alexandria Technical College to conduct customized firearms
training for the Police Department.
A e-�x�ano ad tan
111
December 4, 1995
Jon Flinn
Shakopee Police Department
476 Gorman Street
Shakopee, MN 55379
Dear Jon:
Enclosed please find a Training Contract for the FATS Training to be held
February 28th and 29th, 1996.
We are now required by the State of Minnesota to have a contract on file for any
and all training provided for a business. You need to know that in article VI
regarding the 30 day cancellation period, Alexandria Technical College has
elected not to enforce this portion of the contract. If you have any questions,
please contact me or Connie Bliese.
We need one signature from your company (second page, #1), and then mail (or
fax (612) 762-4632) both pages of the contract as soon as possible.
Again, please call if you have any questions, (612) 762-0221 or (800) 253-9884
ext. 4537 to reach me or ext. 4662 to reach Connie.
Sincerely,
-)0""),/t. rn MCLS-nuiairK.
Jon M. Magnuson, Coordinator
North Central Criminal Justice Studies Institute
JMM:clb
Enclosure
1601 Jefferson • Alexandria,MN 56308-3799 • (612)762-0221 • FAX(612)762-4501
ALEXANDRIA TECHNICAL COLLEGE is accredited by the Commission on Institutions of Higher Education of the North Central Association of Colleges&Schools
Minnesota(?Technic:al College System
AN EQUAL OPPORTUNITY EDUCATOR AND EMPLOYER
ALEXANDRIA TECHNICAL COLLEGE
CUSTOMIZED TRAINING CONTRACT
ALEXANDRIA("Technical College") (by virtue of its delegated authority from the Board of Trustees of the Minnesota State
Colleges and Universities) and Shakopee Police Department("Purchaser") agree as follows:
I. DUTIES OF THE TECHNICAL COLLEGE. The Technical College agrees to provide the following:
Title of instructional activity: FATS Training
Date(s) of class: February 28 and 29, 1996
Instructor. Jon M. Magnuson
Location: Shakopee Police Department
Other Provisions:
II. DUTIES OF THE PURCHASER. The Purchaser agrees to provide:
III. CONSIDERATION AND TERMS OF PAYMENT.
A. Costs.
Cost of class (per student) -$35.00
Other fees:
B. Terms of Payment. The Technical College will send invoices for the services performed. The
Purchaser will pay within 30 days of receiving the invoice. Please send the payment to:
CUSTOMIZED TRAINING
ALEXANDRIA TECHNICAL COLLEGE
1601 JEFFERSON STREET
ALEXANDRIA, MN 56308
AUTHORIZED AGENTS FOR THE PURPOSES OF THIS CONTRACT.
A. Purchaser's authorized agent: Jon Flinn
B. Technical College's authorized agent: Jon Magnuson
V. TERM OF CONTRACT.
A. -Effective date: November 29, 1995
B. End date: February 29, 1996, or until all obligations set forth in this contract have been satisfactorily
fulfilled,whichever occurs first.
VI. CANCELLATION. This contract may be canceled by the Purchaser or the Technical College at any time,with or
without cause, upon thirty(30)days written notice to the other party. In the event of such a cancellation,the Technical
College shall be entitled to payment, determined on a pro rata basis,for work or services satisfactorily performed.
VII. ASSIGNMENT. Neither the Purchaser nor the Technical College shall assign or transfer any rights or
obligations under this contract without the prior written approval of the other party.
VIII. LIABILITY. Purchaser agrees to indemnify and save and hold the Technical College, its agents and employees
harmless from any and all claims or causes of action arising from the performance of this contract by the Purchaser or
the Purchaser's agents or employees. This clause shall not be construed to bar any legal remedies the Purchaser may
have for The Technical College's failure to fulfill its obligations pursuant to this contract.
Xl. AMERICANS WITH DISABILITIES ACT(ADA) COMPLIANCE. The Purchaser agrees that in fulfilling the duties of this
contract,the Purchaser is responsible for complying with the Americans with Disabilities Act 22 U.S.C.Section 12101, et
seq. and regulations promulgated pursuant to it. The Technical College IS NOT responsible for issues or challenges
related to compliance with the ADA beyond its own routine use of facilities, services, or other areas covered by the ADA.
X. AMENDMENTS. Any amendments to this contract shall be in writing and shall be executed by the same parties
who executed the original contract of their successors in office.
Xl. DATA PRACTICES.
A. The Purchaser agrees to comply with the Minnesota Data Practices Act as it applies to all data
provided by the Technical College in accordance with this contract and as it applies to all data created, gathered,
generated or acquired in accordance with this contract.
B The Alexandria Technical College shall own all rights, including all intellectual property rights, in all
original materials, including any curriculum materials, inventories, report, studies, designs, drawings, specifications,
notes, documents, software and documentation, computer based training modules, electronically or magnetically
recorded material, and other work in whatever form, developed by the Technical College and its employees individually
or jointly with others or any subcontractor in the performance of its obligations under this contract. This provision shall
not apply to the following materials:
XII. OTHER PROVISIONS._(Attach additional page(s) if necessary):
IN WITNESS WHEREOF, the parties have caused this contract to be duly executed intending to be bound thereby.
APPROVED:
1. 3. As to form and execution by:
PURCHASER
By By
Title Date
Date:
By
Title
Date:
2. ALEXANDRIA TECHNICAL COLLEGE
By
(authonzed signature)
Title
Date
(August 1995)
TRAIN.DOC
TO: Dennis R. Kraft, City Administrator /1c1
FROM: Gregg Voxland, Finance Director
SUBJ: Memorial Park Crop Land
DATE: December 26, 1995
Introduction
The City owns land in Memorial Park that has been leased out for crop
land for many years. Council is asked to review the status of that land
in view of conservation efforts.
Background
The City owns about 63 acres north of the creek in Memorial Park. About
59 acres are tillable and have been rented out to the Hauer family for
years. This area is in the floodplain and experiences flooding or
erosion frequently. Annual rental received varies between $0 to $500.
The renter pays the property taxes on the land.
The Scott County Soil and Water Conservation District (SWCD) approached
the City about participating in a grant program to give the SWCD a
permanent easement on the land in exchange for grant payments.
Objectives of the grant program include reducing pollution in the
Minnesota River by taking farm land out of production that is located in
the flood plain. Such an easement would preclude development but would
permit such things as a nature trail. Payment would depend on the
conditions of a grant at the time but could possibly run as high as a
total of up to six figures.
The problem that arose is that the City is not considered to be an
eligible individual under the terms of the grant. The City Attorney has
done some research on the issue and has not found a conclusive answer on
whether the city could or should be considered an individual in this
context.
Alternatives
1. Status Quo.
2. Pursue legislative/judicial/administrative changes or challenges to
the definition of individual in order to include the city in the grant
program.
3. Quit renting out the land for farming in order to achieve the
purposes of the grant program without participating in the grant and
forgo potential grant proceeds.
Action Requested
Discuss and give staff direction.
RIM
li e
Attached is a print out showing the division budget status for
1995 based on data entered as of 12/28/95 .
Included in the bill list are payments for relocation in Blocks 3
& 4 to;
Patricia Reiff $6, 656 . 00
CITY OF SHAKOPEE
EXPENSES BY DEPARTMENT
12/29/95
CURRENT YEAR
ANNUAL MONTH TO PERCENT
DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED
11 MAYOR & COUNCIL 69,450 2,604 62,780 90
12 CITY ADMINISTRATOR 224,985 32,483 197,063 88
13 CITY CLERK 126,380 9,122 119,140 94
15 FINANCE 303,730 17,835 281,826 93
16 LEGAL COUNSEL 256,090 27,543 243,389 95
17 PLANNING' 471,820 27,113 364,815 77
18 GENERAL GOVERNMENT BUILDINGS 153,650 9,887 127,720 83
31 POLICE 1,523,040 120,806 1,465,814 96
32 FIRE 410,240 33,013 336,112 82
33 INSPECTION-BLDG-PLMBG-HTG 199,140 13,167 181,416 91
41 ENGINEERING 357,100 22,794 321,472 90
42 STREET MAINTENANCE 784,180 50,010 583,221 74
44 SHOP 112,120 11,754 96,640 86
46 PARK MAINTENANCE 292,420 8,922 274,094 94
61 POOL 136,580 175 93,181 68
64 RECREATION 239,580 11,264 223,149 93
91 UNALLOCATED 166,831 1,661 36,097 22
TOTAL GENERAL FUND 5,827,336 400,152 5,007,929 86
17 PLANNING 467,160 19,569 312,324 67
TOTAL TRANSIT 467,160 19,569 312,324 67
19 EDA 119,080 3,736 79,374 67
TOTAL EDA 119,080 3,736 79,374 67
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Memo To: Dennis Kraft,City Administrator
From: V. Paul Bilotta, Community Development Director
Meeting Date: January 2, 1996
Re: Community Development Dept. Staffing
Introduction
With the acceptance of Terrie Thurmer's resignation in December, the City Council directed staff to
initiate the process of filling the vacant position. Staff is seeking direction on the preferred approach to
fill this position.
Background
The Community Development Dept. consists of 3 major functional areas—Planning, Economic
Development and Information Services (+ other more minor functional areas--transit etc.) The
Planning and Information Services functional areas have experienced a 100% turnover of professional
staff during 1995 with only the secretary remaining from the April, 1995 staffing of 6 positions
(including the secretarial position).
In the summer of 1995, the City Council looked at reorganization of these functional areas and merged
them with Economic Development to create a Community Development Dept. As part of this process,
the five non-secretarial Planning and Information Services positions were reduced to two full-time
positions(Planner I and Planner II)and approximately 40%of the Community Development Director's
position. For cost savings purposes,the Planner II position was filled at the Planner I level.
In order to achieve the best chance of hiring quality, entry-level employees, staff recommended that the
City hire a group of interns with the understanding that they would compete for full-time position(s).
This hiring process appears to have worked well.
Discussion
The 1996 Community Development Dept. budget has a Planner I and a Planner II position budgeted
for the planning functions. The Planner I position is currently filled. This gives the City Council the
flexibility to seek a mid-level employee (Planner II) or an entry-level employee (Planner I) to achieve
cost savings. There are positives and negatives to both actions and some of the possibilities are
outlined below:
1. Hiring Planner I through the intern process employed in 1995—At the present time, the
planning functions are being handled by effective, competent, entry-level employees that are
lacking experience and therefore in a steep learning curve. Staff believes that at the present
time, productivity would not be enhanced by adding interns until the current staff is given 2-3
more months of experience. This will allow the new employees to become familiar enough
with their positions so that they can take advantage of and guide the inexperienced intern
support. In addition, the Community Development Director will have additional management
time available in March or April that is currently being expended to bring the new employees
1
up to speed. (The new employees are acquiring job knowledge/skills at a high rate for
employees right out of college. This was expected given their levels of educational
achievement and the observation of their work habits/abilities by staff during their internships.)
Since the Planning and Information Systems positions were reduced from five to two last year,
there is little"slack"in staffing, so the delay of the filling of this position will likely result in the
delay of projects that are not day-to-day or could result in the need to hire consultants to
undertake projects that the City Council determines can not be delayed. Economic
Development staff has already been transferred over to assist the Planning team, in accordance
with the Community Development Dept.'s standard backup procedures for critical functions,
so no delay has occurred to development activities.
Based on the experience from last summer and fall, this option will likely result in a large
increase in the number of weekends and late nights that will need to be worked by Community
Development staff and vacation requests will likely need to be limited. This situation is not
ideal and can not be extended indefinitely without negatively affecting productivity and morale,
but was effectively used in 1995 and should still allow maintenance of basic service levels
during the time frame proposed.
2. Hiring a Planner II.• A Planner II could be hired within two months and would provide the
additional benefit of being able to provide a backup to the Community Development Director
on planning issues. A negative aspect of this alternative is that there would be a larger, long-
term cost due to the higher salary range. In addition, the reduced size of the reorganized
planning team probably does not justify a need for further hierarchy at this time and the team
could largely function over the long term as effectively with a Planner 1.
3. Hiring cm experienced Planner I: A Planner I could be hired within two months and would
not have the training curve of an inexperienced Planner I. The downside is that the City would
likely have to hire the employee at a higher salary level to attract an experienced Planner I. In
addition, it may be difficult to attract a good Planner I since, in general, quality planners only
stay Planner I's for 2-3 years. This makes it very difficult to find good, experienced, entry-level
planners willing to make a lateral move and there is a lot of potential to attract less desirable
candidates.
4. Do not fill this position at this time: The City Council may choose not to fill this position.
Due to the reductions in staff mentioned under# 1, there would be a need to significantly alter
service levels and/or seek assistance from other sources(consultants etc.) Without altering job
responsibilities and service levels, this option would result in only one entry-level planner being
assigned to full-time planning activities. Shakopee has not been able to do its planning with
only one fill-time entry-level staff person since the 1980's when development activity was
significantly smaller (1985-63 new residential building permits; 1994--171 new residential
building permits). All indications from City and private-sector sources is that the opening of
the Bloomington Ferry Bridge is going to greatly increase the residential activity in the next 5-
2
10 years, so a return to 1985 development levels will likely not occur without strong growth
control measures imposed by the City Council.
Alternatives
1. Direct staff to delay hiring of a Planner I until spring using the internship/hiring process
employed in 1995 and adjust the Community Development work program items accordingly
and/or use consultants for specific time sensitive projects identified by the City Council on a
case by case basis.
2. Direct staff to begin the process of hiring a Planner II.
3. Direct staff to begin the process of hiring a Planner I.
4. Do not fill the vacant position and provide direction to staff on department restructuring and/or
desired levels of service with one full-time planner.
5. Table the decision and request additional information from staff.
Recommendation
Staff recommends Alternative 1, because this alternative provides the most long term benefit and the
least cost to the City and should create difficulties for only 3-6 months.
Action Requested
Offer a motion to direct staff to fill the vacant Planner I position with 2-3 interns in Spring 1996 with
the intent to fill the position with the most qualified intern, and move its approval.
i:\commdev\cc\1996\cc0102\cdstaff.doc
3
TO: Dennis R. Kraft, City Administrator fi
FROM: Gregg Voxland, Finance Director
RE: Purchase of 1996 Pickup
DATE: December 12, 1995
Introduction
The 1996 Internal Service Fund budget contains $35,000 for the purchase of
a one ton 4x4 pickup for the Fire Division.
Background
The 1996 budget contains $35,000 for a pickup and related items to make a
grass rig. Addressed in this memo is only the purchase of the truck, the
purchase of the equipment will follow later. This purchase would cycle down
the 1983 truck to be the utility truck and retire the 1974 truck. Funds are
allocated in the Internal Service Fund for this purchase. The Hennepin County
Purchasing Cooperative contract for this type of pickup has been awarded to
Erickson Chevrolet.
The cost is as follows:
Base bid $21,230.00
Options;
V8 gas power (1,825.00)
Dual batteries 110.00
140 amp alternator 165.10
Skip plate package 81.70
Service manual 90.00
Total
$19,851.80
Alternatives
1. Buy unit as per above.
2. Modify options.
3. Rebid unit on our own.
4. Do not buy truck this year.
Recommendation
Alternative number 1. The cut off to place an order under the Hennepin
County contract is January 31, 1996.
Action Requested
Move to authorize the purchase of a compact pickup from Erickson Chevrolet
in the amount of $19,851.80 under the Hennepin County Cooperative contract.
)4.‘
MEMO TO: Dennis R. Kraft, City Administrator /
FROM: Judith S. Cox, City Clerl
RE: Expiring Terms on Boards and Commissions
DATE: December 26, 1995
INTRODUCTION:
According to the City Council's guidelines for appointments and operation for
boards and commissions, it is appropriate that City Council take certain actions at their
first meeting in January.
BACKGROUND:
In 1987 the City Council adopted guidelines for filling expiring terms on boards
and commissions. All terms will be expiring the end of February, except that the
Shakopee Public Utilities Commissioner serves until the first meeting in April. According
to that policy, 90 days prior to the expiration of terms, Council is advised of the pending
vacancies and considers the re-appointment of those individuals eligible for re-
appointment. If Council determines that the individuals merit re-appointment, they will be
contacted to determine if they wish to seek re-appointment. Because of a new Council
taking office on January 2nd, staff has delayed bringing this to City Council until the
January 2nd meeting.
According to the guidelines, individuals may serve a maximum of three
consecutive terms on those boards that meet monthly or more frequently. The boards that
meet monthly, or more frequently, are: Planning Commission/Board of Adjustment and
Appeals, Community Development Commission Park&Recreation Advisory Board and
Shakopee Public Utility Commission. All members whose terms are expiring the end of
February are eligible to be re-appointed.
According to the guidelines, Council should announce the vacancies on the City
boards and commissions at least sixty days prior to the expiration of terms and staff will
follow-up with the appropriate notices to local organizations, postings, and notice in the
local newspaper.
The third action for council consideration is the appointment of a committee to
interview the candidates for the openings. In the past the City Administrator along with
two councilmembers have served on this committee. The committee usually meets after
the nomination of all applicants (February 4th) and before the meeting that Council makes
the actual appointments(February 18th).
The Council may appoint a Board of Review and delegate to it all of the powers
and duties that the Council would have if it acted as the Board of Review. For the past six
years the City Council has elected not to sit as the Board of Review in May and act on
appeals from the values that the assessor places on properties. The Council determines
Expiring Terms on Boards and Commissions
December 26, 1995
Page -2-
the number of members and the term of office. The membership of this Board has been
comprised of three individuals from the area and two Councilmembers and must include at
lease one member who is an appraiser, realtor, or other person familiar with property
valuations in the assessment district. Cncl.Sweeney has served on this Board all six years
as well as Eldon Reinke and Dick Marks. Mr. Steve Clay has also served for the past four
years. All terms are expiring. (Staff recommends that the terms be staggered in the
future.) City Council should decide whether or not they wish to continue delegating this
responsibility. If they wish to continue having a separate Board of Review, staff will also
advertise to fill openings. Depending upon the number of applicants, Council can
determine the size of the Board they desire.
RECOMMENDED ACTION:
1] Determine whether or not Council wishes to appoint a Board of Review
and direct the city clerk accordingly.
2] Move to direct the city clerk to notify all incumbents on boards and
commissions of the upcoming expiration of their terms and invite them to apply for re-
appointment if they desire to be considered for re-appointment.
3] Announce the terms expiring on boards and commissions and invite
residents interested in being considered for appointment to call city hall for an application
for appointment to:
Planning Commission and
Board of adjustment and Appeals-2 four year terms
Community Development Commission-2 three year terms
Park&Recreation Advisory Board - 3 three year terms
Shakopee Public Utilities Commission- 1 three year term
Community Access Corporation Board of Directors and
Cable Communications Advisory Commission-2 three year terms
Building Code Board of Adjustments and Appeals and
Housing Advisory and Appeals Board - 1 unexpired term and 1 three year term
Police Civil Service Commission- 1 three year term
Board of Review- 3+terms
4] Make appointments to the committee to interview applicants for boards
and commissions.
i:clerkljudy\b&cmemol
Boards and Commissions-terms expiring in 1996
Planning Commission:
Nancy Christensen
Todd Bladow
Community Development Commission
Eldon Reinke
Gary Morke
Park&Recreation Advisory Board - created mid 1990.
Dolores Lebens
Paul TenEyck
John Tieben Sr.
Shakopee Public Utilities
Terry O'Toole
Cable Communications Advisory Commission and
Community Access Corporation Board of Directors
James Bastyr
Building Code Board of Adjustments and Appeals and
Housing Advisory and Appeals Board
Bob Turek
Police Civil Service Commission
Richard Mulcrone
Board of Review
Eldon Reinke
Richard Marks
Steve Clay
i:clerk\judy\b&cterm
Rev. 2/94 CITY OF SHAKOPEE
BOARDS AND COMMISSIONS
t.
GUIDELINES FOR APPOINTMENTS AND OPERATION
Purpose And Need For A Policy
It is the Council' s desire to assure equal and open access to
the selection process for all City Council appointed boards and
commissions . The Council, therefore, sets up the following
recruitment and selection process for members to all Council boards
and commissions.
Policy
The boards and commissions, except Shakopee Public Utilities
Commission, shall be advisory bodies to the City Council charged
with the responsibility of researching, reviewing and making
recommendations on related issues .
It is the policy of the City of Shakopee to obtain the best
possible appointments for boards and commissions through a
standardized recruitment and selection process .
SECTION A. APPOINTMENTS:
I . Qualifications and Procedures
A. All persons making application to the City Council for a
position on a board or commission shall be a resident of
the City of Shakopee, except where the enabling
resolution states otherwise.
B. Persons interested in being considered for appointment or
reappointment to a City board or commission shall
complete an "Application for Council Advisory Board
and/or Commissions" form furnished by the City.
C. No person shall serve as a regular voting members on more _
than two boards or commissions. _ -
D. When an individual' s regular employment may potentially
cause a conflict of interest with the normal items of
business of a City board or commission, he or she shall
divulge such possible conflict in writing prior to the
consideration for appointment . Prior to making an
appointment, the City Council shall determine whether or
not such potential conflict of interest would preclude
the appointment of the applicant .
E. Anyone already holding an elective County, State or
Federal office shall not be eligible to serve in a
regular voting position on any of the boards or
commissions .
F. No permanent full-time or part-time City of Shakopee
employees shall hold a regular voting position on any
board or commission except employees may serve as ex-
officio (non-voting) members .
G. A diversity of professions and occupations should be
represented on all boards and commissions and, as a
general guideline, at no one time should one-third of any
one board or commission be comprised of individuals of
like professions or occupations.
H. As a general guideline, the members of each board or
commission should be comprised of members representing a
wide range of civic groups and interests .
II . Recruitment and Selection
Ninety days prior to the expiration of commission terms each
year, the Council shall be advised of the pending vacancies and the
attendance record of the individuals whose terms are expiring,
should those individuals be eligible for reappointment . At that
time the Council shall consider the reappointment of those
individuals. Should the Council determine that the individuals
merit reappointment, they will be contacted to determine if they
wish to seek reappointment . Council will also announce the
vacancies on the City commissions at least sixty days prior to the
expiration of terms each year and applications will be accepted
from all interested citizens of Shakopee.
Sixty days prior to the expiration of commission terms each
year, a notice of the expiring terms shall be placed in the
official newspaper, posted on the bulletin board at the Marquette
Bank, Citizens State Bank, Post Office and Library (if a bulletin
board exists) and sent to the Chamber of Commerce, Shakopee
Jaycees, Lions, and any other local organizations the Council so
desires.
Thirty days prior to the expiration of commission terms a
- committee -comprised of three Councilmembers -and. the City . -
Administrator will meet to- review all applications and interview
applicants, including incumbent members whose terms are expiring
and who wish to seek reappointment. The qualification of the
members of the commissions shall be those that in the judgement of
the committee are representatives of the Community and are
qualified by training, experience and interest for the fulfillment
of the commission's responsibility. The committee shall recommend
all qualified candidates per position to the Council for -
consideration. - -
III . Nominations and Appointments
Nominations and appointments shall be made annually by the
Council in February, pursuant to Resolution No. 2066, A Resolution
Setting Forth City- Council Procedural Policy On Appointments to -
City Boards and Commissions. (Pursuant to Resolution 2559,
Appointments to Shakopee Public Utilities Commission shall be made
in January and shall become effective April 1st . )
SECTION B: OPERATIONS :
This section pertains to the operations of various advisory
boards and commissions of the City of Shakopee. The Shakopee
Public Utilities Commission is not advisory and does make its own
policy which it deems in the best interest of the community.
I . Attendance
A. Should a board/commission member be unable to attend a
meeting, it shall be his/her responsibility to contact
City staff 24 hours in advance of the scheduled meeting
date. Failure to do so shall count as a. unexcused
absence.
B. Attendance at the meetings of these advisory bodies is
critical to their effectiveness; therefore, one unexcused
absence, three consecutive excused absences, or absence
at more than 25's of the meetings in a six month period
will cause the board/commission chairperson to review the
nature of the absences with the member and, pending the
outcome of that review, it may be necessary for the
chairperson to forward a recommendation to the board/
commission as a whole for discussion and recommendation
to the City Council that the member of the board/
commission be removed for poor attendance.
C. Individual boards/commissions may grant extended leaves
^ 'not to exceed 6 months in length at the request of a
board/commission member; provided, however, that the
board/commission is comprised of six or more members.
During the extended leave the vacated seat shall not
apply to the quorum requirements of the board or
commission.
II . Terms of Office -
All members shall be appointed for the term stated in the City
Code or in the enabling resolution establishing the board or
commission; however, said term may be terminated early by the
Council . A member serving on a board or commission that meets
monthly or more frequently may serve a maximum of three (3)
consecutive terms. For purposes of this policy, an incumbent at -
the time of writing of this policy shall be considered to be
serving his/her first term and shall be eligible for two additional
terms. Any person appointed to fill the remainder of a term shall
be eligible for .three terms, beginning on his/her next appointment
date.
III . Compensation
There is no statutory provision for compensation to volunteers
serving on municipal boards and commissions. The City will however,
pay for training workshops, mileage, meals and lodging for members
attending budgeted board/commission functions.
IV. Orientation Program
It is in the best interest of the City to provide basic
information to all board/commission members about the City, the
purpose and responsibility of the board/commission, and additional
information to help the member to perform intelligently in his/her
position. The City will, therefore, conduct an annual orientation
program for all board/commission members appointed since the last
orientation program.
Members appointed to a board/commission in the middle of the
year (because of a resignation) shall meet with the Department Head
staffing the board/commission prior to assuming his/her position.
This member will also be expected to attend the next annual
orientation program.
Members not attending an annual orientation meeting during
their 1st two years of services may be removed by the Council .
V. Annual Board/Commission Organizational Meeting
In March the members of a board/commission shall elect a
Chairperson from among its appointed members for a term of one year
and they may create and fill such other offices as they may
determine. Nomember shall serve as Chairperson until after he/she
has served one full year on the board/commission unless there is no
member with one years experience. Roberts Rules of Order (Newly
Revised) shall govern all meetings as to procedural matters not set
forth in the Statutes or City Code; with one exception, when an
extended leave is granted by a board/commission, the vacated seat
shall not apply to the quorum requirements of the board/commission.
A record shall be kept of all transactions and findings which
. record shall be a public record.
I/A
MEMO TO: Dennis R. Kraft, City Administrator
FROM: Barry A. Stock, Assistant City Administrator
RE: Assistant Facility Manager/Recreation Programmer Position Appointment
DATE: December 21, 1995
INTRODUCTION:
On November 21st the Shakopee City Council tabled action on filling the Assistant
Facility Manager/Rec. Programmer position. This was done to allow the new Council to
become more familiar with the position and change in job duties.
BACKGROUND:
With the construction of the Community Recreation Center, staff undertook an evaluation
of the job responsibilities and experience of our current staff versus the new job
responsibilities that are associated with the management and operation of our new facility.
After thorough review, it was determined that there was a need to create a new position
that would be responsible for the management and operation of the facility as well as the
supervision of the Recreation Department staff and programs. Since none of current
Recreation Department employees had any previous experience operating a facility in the
neighborhood of 77,000 sq. ft. (including the Ice Arena), it became quite clear that we
needed to create a new position. Staff subsequently proposed the creation of the
Recreation Superintendent position which was filled in November by Mr. Ron Stellmaker.
Staff also proposed that the existing Recreation Supervisor position be eliminated and that
a new exempt position classification entitled Assistant Facility Manager/Rec. Programmer
position be created. The new position title and job description more accurately defined
the duties needed to assist in operating our new facility and coordinate our existing
recreation programs. Additionally, the creation of the new position correctly assigned a
job value and pay rate that was in compliance with our comparable worth schedule and
pay plan.
On November 14, 1995, five applicants were interviewed for the Assistant Facility
Manager/Recreation Programmer position. The interview team has setforth a ranking of
the candidates in order of preference.
The ranking method utilized herein is contrary to our typical practice of recommending
position appointments. However, this is the first case where an existing employee has
applied for a position that has been open to outside candidates. Staff felt it was important
to give the internal candidate the greatest opportunity for consideration and therefor has
setforth the ranking method as outlined herein.
Following is a summary of the candidate ranking:
1. Thomas Herbst * 10+years recreation experience
* currently managing 3 indoor rink facility
* previous recreation program coordinator experience
* extensive ice facility/zamboni mechanical background
* previous indoor/outdoor swimming pool operation
experience
2. Boyd Clark * previous leisure and tourism director experience
* previous ice arena facility management experience
* previous recreation program experience
* previous indoor/outdoor pool operation experience
3. Mark McQuillan * 15 years previous recreation program and supervisor
experience - City of Shakopee
* expressed willingness to learn facility/operation issues
4. David White * previous recreation program supervisor experience
* previous ice arena facility and maintenance operation
experience
* previous aquatic facility management and program
background
5. David St. Aubin * previous recreation supervisor experience.
The salary range for the Assistant Facility Manager/Recreation Programmer position
ranges between$29,738 to $37,172. Each of the candidates noted above with the
exception of the internal candidate have expressed willingness to accept the position
appointment at step 1 of the pay range ($29,738). The internal applicant has requested the
top step of the pay range ($37,172). In conjunction with this position appointment, staff
is recommending that the existing Recreation Supervisor position classification be
eliminated consistent with the procedures setforth in the personnel policy. The current
Recreation Supervisor receives a non-exempt annual salary of$42,988. It should be noted
that the Recreation Superintendent position was recently filled at step 2 of the Recreation
Superintendent pay schedule ($40,055).
Staff is seeking direction with respect to filling the position appointment at this time. If
City Council selects to proceed with the position appointment, staff would also be
recommending that the Recreation Supervisor position be terminated effective January 19,
1996.
ALTERNATIVES:
1. Appoint Thomas Herbst to fill the Assistant Facility Manager/Recreation
Programmer position at Step 1 of the 1996 Pay Schedule effective January 22,
1996 and that the position classification be identified as exempt.
2. Appoint Mark McQuillan to fill the Assistant Facility Manager/Recreation
Programmer position at Step 1 of the 1996 Pay Schedule effective January 22,
1996 and that the position classification be identified as exempt.
3. Appoint Mark McQuillan to fill the Assistant Facility Manager/Recreation
Programmer position at a pay step level to be determined by City Council
effective January 22, 1996 and that the position classification be identified as
exempt.
4. Direct the City Administrator to take the steps necessary to eliminate the
Recreation Supervisor position.
5. Select a different candidate to fill the Assistant Facility Manager/Recreation
Programmer position effective January 22, 1996.
6. Table action pending further information from staff.
ACTION REQUESTED:
Provide staff with direction as deemed appropriate.
MEMO TO: Honorable Mayor and Council 1/
FROM: Dennis R. Kraft, City Administrator /
RE: Resignation of Assistant City Attorney
DATE: December 27, 1995
I have received the formal resignation from Assistant City Attorney Mark Erickson. Mr.
Erickson's last day of employment will be January 5, 1996. Mr. Erickson will be working for the
Wright County Attorney's Office following his departure from the City of Shakopee.
Attached please find a copy of the memo of resignation from Mr. Erickson.
RECOMMENDED ACTION:
Move to accept the resignation of Assistant City Attorney Mark Erickson.
MEMORANDUM
To: Dennis Kraft, Shakopee City Administrator
From: Mark A. Erickson, Assistant City Attorney! �--
Date: December 21, 1995
Re: Formal Resignation
I am submitting my formal resignation from the City of Shakopee effective
January 5, 1996. I intend to leave the City of Shakopee to work with the Wright County
Attorney's Office. Consider this my fourteen day notice pursuant to the personnel
handbook.
I am grateful for the opportunity to serve the City of Shakopee. It has been a
challenging and enjoyable experience. I will also miss all the good people I have worked
with over the last year and half. Thank you.
Cc: Karen Marty
[resig.doc]
MEMORANDUM
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Karen Marty, City Attorn- 0'
DATE: December 28, 1995
RE: Legal Department Staffing
BACKGROUND:
The Assistant City Attorney (the prosecutor) has resigned.
This provides the City Council with an opportunity to discuss legal
department staffing, and to set that staffing at the level it
determines to be most appropriate.
Presently the Legal Department handles a full range of legal
matters for the City. These generally are divided into two
categories : civil legal matters and prosecution. Civil legal
matters include consultation with City Council and City
administration to provide legal assistance in accomplishing City
Council goals; preparation of simple and complex ordinances,
including zoning (we paid a consultant $5, 000 and handled the rest
in-house, saving the City $45, 000) , licensing of pawnshops, tattoo
parlors, and massage centers; handling of appeals and other civil
litigation; writing complex and simple contracts, including the $4
million interceptor sewer repayment agreement with the Metropolitan
Council and MWCC (which saved the City $4-6 million) ; preparing
leases for use of City land, including Murphy' s Landing; handling
personnel matters, including complete revision of the personnel
handbook (which would have cost an estimated $10, 000 if it had been
prepared by a consultant) ; educating staff on new laws and cases
which affect how the City operates; coordinating the City' s
response to a proposal to place land in trust for an Indian tribe;
handling annexations; revising and computerizing the City Code;
reviewing title documents and other development agreements; and
responding daily to risk management questions and situations .
Civil matters currently take the full time of one attorney and
part of the secretary' s time . Prosecution matters take the full
time of the other attorney and the clerk-typist, as well as the
majority of the secretary' s time .
Prosecution consists of handling the various criminal matters
which arise in Shakopee. The City is required by law to prosecute
all gross misdemeanors (except drug, sex, or juvenile cases) , as
well as all misdemeanors, petty misdemeanors, and ordinance
violations . We send an average of ten letters per case, due to the
requirements for court notices and letters to victims . The files
must be reviewed repeatedly to determine whether all necessary
documents have been obtained, and all necessary letters and
documents have been sent . Each case requires the attorney to
appear in court several times on several different days . In
addition, we must review police reports to determine whether to
file charges against people in many cases . If we decide to file
charges, a document called a formal complaint must be drafted,
reviewed, finalized, and signed by the attorney, a police officer,
and a judge. Dozens of telephone calls come in and must be made
each day on various cases . The prosecutor spends more than half of
his time in court, and the remainder of his time is spent reviewing
the innumerable documents which must be sent, responding to
telephone calls, discussing cases with victims and defense
attorneys, and preparing for court . Since the number of required
court appearances is the most accurate measure of the prosecutor' s
workload, data is kept with that measure . A chart showing the
required court appearances for 1991 (except January and February)
through 1995 is attached as Exhibit A for your information. It
reflects a dramatically growing workload through 1994 , which
steadied in 1995 .
HISTORY:
In 1990 the City Council decided to hire an in-house City
Attorney in order to improve legal services and to gain control
over costs . The quality is highest in this way as well, since an
in-house attorney knows his or her client and cannot only answer
legal questions as they arise, but also can foresee problems before
they arise and address them properly. Prior to 1990, basic civil
work was provided by one civil attorney working part-time, and
prosecution work and civil legal projects were handled by law firms
with essentially unlimited billing authority.
When the City Council chose to go in-house, it was unknown
precisely what the workload was, nor what support staff was needed.
One attorney was hired, and shortly thereafter a legal secretary
was hired. In 1993 the City Council recognized that one attorney
could not handle both the large number of civil matters being
requested and also the increasing number of prosecutions . A one-
half-time prosecutor and a one-half-time clerk-typist were hired.
In 1994, the prosecution workload increased to the point that those
two positions were increased to full time.
For your information, attached as Exhibits B and C are two
memoranda which were sent to the City Council in 1993 and in 1994 .
These explain in some detail the alternatives and the reasons for
the present staffing level .
DISCUSSION:
It is a policy matter for the City Council to determine
whether the City handles civil legal matters, prosecution, both, or
neither in-house . In order to assist the City Council in making an
informed decision on this matter, staff has prepared the following
information.
2
Factors which weigh into a decision to use in-house counsel or
to contract out legal services include the following:
(a) total cost to the taxpayers,
(b) control over expenses,
(c) quantity of legal services provided,
(d) control over how prosecution and civil matters are
handled, and
(e) quality of work performed.
ALTERNATIVES:
The City Council has a large number of alternatives from which
to choose in making its decision. These alternatives and the
factors listed above are discussed in detail on the attached pages .
These alternatives include the following:
(1) hire a full-time in-house assistant to prosecute, and
have an in-house civil attorney;
(2) hire a part-time in-house assistant and have an in-house
civil attorney who also prosecutes part of the time;
(3) contract with another entity (a public or quasi-public
body, or a private law firm) to perform prosecution
services and have an in-house civil attorney;
(4) have an in-house attorney prosecute and contract with a
private law firm to handle all civil matters;
(5) dismiss the three remaining employees in the legal
department and contract out both prosecution and civil
legal matters; and
(6) table the issue and request additional information from
staff.
The information on the following pages also can be summarized
as follows :
ALTERNATIVES
1 2 3 4 5
Total Cost $210, 030 $237, 030 $241, 030 $269, 030 $359, 000
-459, 230 -577, 200
Control/ complete reduced reduced reduced low
Expenses
Quantity high reduced high reduced reduced
Control/ complete reduced reduced reduced low
Policies
Quality high average average average average
RECOMMENDATION:
Discuss which alternative City Council desires and direct
staff to take the appropriate steps to accomplish that alternative.
3
ALTERNATIVE 1
Hire a full-time in-house assistant to prosecute and have an in-
house civil attorney.
(a) Total cost to the taxpayers: 1995 budget was set at $212, 090,
of which 192, 520 was actually expended. The 1996 budget has
been adopted at $210, 030 . (The City also spent $44, 000 for
litigation with the BIA in 1995, and has budgeted $50, 000 for
that litigation in 1996 . Since the expenses for litigation
with the BIA are separate from work handled by the Legal
Department, those expenses are not included in the numbers
used in this memo. This approach is similar to how the Fire
Department budget is reviewed, by excluding the cost of a new
fire engine, which is a separate issue from the day-to-day
operation of the department . )
(b) Control over expenses: The City Council has complete control .
All bills are approved before expenditures are made, and must
be in accordance with the annually-approved budget .
(c) Quantity of legal services provided: The civil attorney is
constantly available to respond to requests for legal
opinions . When not handling projects assigned by the City
Council, the civil attorney is responding to staff inquiries
for legal interpretations, providing risk management,
assisting in finding different approaches to resolving
problems, and providing other civil legal assistance as
described in the "Background" section above. Large projects
also are handled by the civil attorney, such as completely
rewriting the zoning ordinance, the subdivision regulations,
and the personnel handbook. (Staff saved $45, 000 by revising
the zoning ordinance in-house, rather than using a
consultant . ) All criminal matters are handled in-house.
(d) Control over how prosecution and civil matters are handled:
The City has complete control . Prosecution policies are
established based on the concerns of City Council, City
Administration, the Police Department, and victims . Civil
matters are handled as directed by the City Council . (If
these matters were contracted out, the other agency would set
many of the policies and practices, some of which would
benefit them or be designed to save the City money, but would
also harm the City, such as assigning an inexperienced
attorney to prosecute, or giving a quick answer to a civil
question which answer failed to take into consideration
certain factors which would have led to a contrary and less-
expensive answer. )
(e) Quality of work performed: Quality is high. The in-house
civil attorney knows municipal law well, including less common
areas of law such as special assessments and land use law.
4
With a single client (one city) , an in-house attorney can
learn well the desires of the City Council, the needs of the
community, and the unique aspects of the community, so that
the attorney can provide legal services that best fit the
City. Prosecution work quality is at a good level, because
experienced prosecutors are hired, and each new prosecutor is
adequately trained and supervised.
Discussion: This alternative is the status quo which existed prior
to the resignation of the Assistant City Attorney. This has the
advantage of retaining absolute control over civil matters,
prosecution policies, and costs. Far more legal services are
provided by in-house counsel than by contract attorneys, because
the in-house attorneys spend full time and completely focus on
their single client . The quality is highest in this way as well,
since the attorneys know their client and cannot only answer legal
questions as they arise, but also can foresee problems before they
arise and address them properly. An in-house attorney monitors
activities to ensure that staff follows City Council policy in
accordance with legal requirements, in order to avoid staff errors
which could result in expensive litigation. Costs are controlled
by the City Council, which determines how much to spend before the
money is spent . In addition, each dollar spent can be traced to a
specific item, not hidden in "overhead" or other general categories
used by law firms and consultants . The progress of getting up to
full staff has occurred over the past few years, but no additional
staff is expected to be needed for several years; costs should not
increase again. Although prosecution cases doubled between 1991
and 1995, they appear to have stabilized.
This also has the advantage that the changing workload can be
handled without extra expense to the taxpayers . A law firm would
charge extra to put an extra attorney on City work. For example,
when the prosecution workload is extremely high, both attorneys
prosecute . When work is light for the prosecutor, the prosecutor
handles simple civil matters . When work is light for the civil
attorney, the civil attorney takes up a lower-priority long-term
project . Outside attorneys are hired only for extremely limited
specialist work, such as bonds, in which a civil municipal attorney
or prosecutor lacks the expertise .
This has the disadvantage of limited flexibility, in that each
in-house attorney sometimes must drop his or her own work and
assist the other when the workload becomes great .
5
ALTERNATIVE 2
Hire a part-time in-house assistant to prosecute, and have an in-
house civil attorney who also prosecutes part of the time.
(a) Total cost to the taxpayers: If a half-time prosecutor were
hired, this would save approximately $25, 000 . However, since
the civil attorney would be reduced to half-time (and spend
the other half on prosecution) , moderately complex civil
matters and large civil legal projects could not be handled
in-house . These would have to be contracted to a law firm,
which will charge $100 per hour or more. If a law firm were
hired to cover only one-half the lost civil hours, this would
cost $1000 per week, or $26, 000 per year. If a law firm were
hired to cover all the lost hours, it would cost $2000 per
week, or $52, 000 per year. In addition, much of the current
liability prevention and risk management work would be lost,
since a law firm would not have sufficient knowledge of the
City to provide those services, and a half-time civil attorney
would not have time . The 1996 budget could increase to
$237, 030 with a decrease in services .
(b) Control over expenses: The City Council has complete control
over in-house expenses, since it sets the budget and approves
all expenditures of funds. However, expenses for outside
counsel would be extremely difficult to control, since (non-
legal) staff would want to obtain legal answers on difficult
questions and have legal projects handled, and would call the
law firm directly with questions . The law firm would bill
based on whichever attorney was available to answer the
question, plus secretarial, facsimile, photocopy, and other
costs . It is likely that non-lawyers in City Hall also would
sometimes choose to make their best guesses on legal
questions, rather than call a law firm and incur additional
expenses . This saves money in the short run, but results in
increased long-term expenses as mistakes are made which lead
to legal problems in the future.
(c) Quantity of legal services provided: Prosecution requires
nearly 40 hours per week. If the civil attorney also
prosecutes half-time, this would result in a 50 percent
reduction in civil work being handled in-house. Quick, easy
questions would be answered; more difficult questions and
large projects would be significantly delayed or could not be
handled by the in-house attorneys . Risk management work would
be forced to drop to a minimum. If a law firm were hired to
take up the slack, it would answer only the questions
forwarded to it .
(d) Control over how prosecution and civil matters are handled:
The City would retain absolute control over prosecutions.
Civil matters handled in-house would be handled as directed by
6
the City. Control over civil matters referred to law firms
would be reduced, as those matters would be handled in
accordance with the law firm' s standard procedures .
(e) Quality of work performed: Matters handled by the in-house
attorneys would be of reasonable quality. The quality would
not be as high as if there were two full-time attorneys,
because each attorney will be trying to handle more work than
he or she has time to handle. Some answers would be provided
without the attorney being able to take adequate time to fully
understand the problem and prepare a complete answer. Matters
handled by law firms also would be at a reasonable level of
quality. However, the answers will tend to be more generic,
and not reflect the unique aspects of the City.
Discussion: This has the advantage of keeping in-house attorneys
who understand and appreciate the City. It also may save some
money in the short run. This has the disadvantage of resulting in
the need to hire outside attorneys for some civil matters, with
decreased understanding of the City and increased costs .
7
ALTERNATIVE 3
Contract with another entity (a public or quasi-public body, or a
private law firm) to perform prosecution services and have an in-
house civil attorney.
(a) Total cost to the taxpayers: If prosecution were eliminated
from the Legal Department, the Assistant City Attorney and
Clerk-Typist positions could be eliminated. The Legal
Secretary also could be cut back to one-half time . This would
reduce the Legal Department budget by approximately $120, 000 .
However, the entity handling prosecution for the City will
charge for its services. Possible public or quasi-public
agencies to prosecute for the City include Scott County and
Scott Joint Prosecution. Scott County (which may not be
willing to prosecute for the City -- they responded negatively
to such a request in the past) pays its prosecutors and
secretarial staff slightly less than the City, but would
probably charge for overhead (electricity, building space,
office equipment, etc. ) , which would very quickly raise their
costs to equal or exceed City costs . In 1995 Scott Joint
Prosecution charged Prior Lake and Savage a combined amount in
excess of $133 , 500 . Those two cities have budgeted $151, 000
for prosecutions in 1996 . The total cases handled for those
two cities combined is slightly lower than Shakopee' s number
of cases, and therefore Shakopee' s costs could be expected to
equal or exceed their combined costs . A law firm handling
prosecution for the City could be expected to charge
approximately $90 per hour for a prosecuting attorney, plus an
estimated $50 per hour for clerical support . Shakopee' s
prosecution workload requires nearly 40 hours per week
attorney work, plus another 70 hours per week clerical work.
At law firm prices, this would cost $369, 200 per year. Civil
legal expenses would remain at their current level . Total
1996 budget could be estimated to increase to between $241, 030
and $459, 230, but actual figures would depend on the costs
demanded by the entity prosecuting for the City.
(b) Control over expenses: The City would retain complete control
over civil legal expenses, but lose control over prosecution
expenses .
(c) Quantity of legal services provided: The quantity should
remain the same as at present .
(d) Control over how prosecution and civil matters are handled:
The City would lose control over prosecution policies, as
these would be set by the entity doing the prosecuting. The
City would retain control over how civil matters are handled.
(e) Quality of work performed: The quality of prosecution could
remain the same or decrease. It would depend on whether an
8
experienced prosecutor was assigned to handle City cases, or
whether an inexperienced attorney were being trained in on
City cases . Law firms typically assign their least
experienced attorney to handle prosecution, and also provide
very limited training to the attorney. This results in
somewhat lower costs to the City, as the inexperienced
attorney has lower per hour charges, but that attorney will
also expend more time trying to resolve each case, and handle
the cases more poorly. The quality of civil legal matters
would remain the same .
Discussion: This has the advantage of retaining the strong civil
legal division at its low cost . It also would add flexibility to
the prosecution area, by allowing a larger agency to handle the
prosecution back-up in the event a particular prosecutor is
unavailable on a given day, or when two prosecutors at one time are
needed to handle the large number of cases in court . This has the
disadvantage of increased costs and loss of control over those
costs . The City would lose quality, if inexperienced attorneys are
assigned to handle the City' s prosecution. It also would require
dismissing the clerk-typist and cutting the legal secretarial
position to half-time, which could result in the loss of both
quality, experienced employees . The City receives compliments, not
complaints, regarding how these employees relate to the public .
9
ALTERNATIVE 4
Have an in-house attorney prosecute, and contract with a private
law firm to handle all civil matters.
(a) Total cost to the taxpayers: If prosecution were retained in
the Legal Department, but civil legal matters were contracted
out, the Assistant City Attorney position could be eliminated.
This would reduce the Legal Department budget by approximately
$45, 000 . However, the law firm handling civil matters for the
City will charge $100 per hour or more. If a law firm were
hired to cover only one-half the lost civil hours, this would
cost $2000 per week and $52, 000 per year. If a law firm were
hired to cover all the lost hours, it would cost $4000 per
week and $104 , 000 per year. Therefore, the 1996 budget could
increase to $269, 030 .
(b) Control over expenses: The City Council has complete control
over in-house expenses, since it sets the budget and approves
all expenditures of funds . However, expenses for outside
counsel would be extremely difficult to control, since non-
legal staff would want to obtain legal answers on difficult
questions and have legal projects handled, and would call the
law firm directly with questions . The law firm would bill
based on whichever attorney was available to answer the
question, plus secretarial, facsimile, photocopy, and other
costs . It is likely that non-lawyers in City Hall also would
sometimes choose to make their best guesses on legal
questions, rather than call a law firm and incur additional
expenses . This saves money in the short run, but results in
long-term expenses as mistakes are made which lead to legal
problems in the future.
(c) Quantity of legal services provided: Since a law firm will
respond only to questions, there would be a reduction in civil
legal services . The quantity of prosecution services would
remain the same as at present .
(d) Control over how prosecution and civil matters are handled:
The City would retain absolute control over prosecutions . The
City would lose control over civil matters, as those matters
referred to law firms would be handled in accordance with the
law firm' s standard procedures .
(e) Quality of work performed: Prosecution would be of reasonable
quality. Matters handled by a law firm also would be at a
reasonable level of quality, but that quality would not be as
high as the services presently being provided. Work from a
law firm will tend to be more generic, and will not reflect
the unique aspects of the City. Such less precisely tailored
answers will at times be less helpful than what could have
10
been provided by an in-house attorney, or perhaps incorrect
due to a failure to understand the full problem.
Discussion: This has the advantage of retaining experienced staff,
and adding the flexibility and experience of an entire law firm for
civil legal matters . This has the disadvantage of hiring outside
attorneys for civil legal matters, with decreased understanding of
the City and increased costs . Liability would increase, as the
lawyers in the law firm lack understanding of unique aspects of
Shakopee, and are not available to provide risk management
assistance. Costs would increase, since it is not cost-effective
to hire out many of the civil matters handled on a day-to-day basis
by the civil attorney, such as review of contracts and ordinances,
drafting simple contracts, and answering questions about what a law
says or how it applies to a situation.
11
ALTERNATIVE 5
Dismiss the three remaining employees in the legal department and
contract out both prosecution and civil legal matters.
(a) Total cost to the taxpayers: The City has no control over
prosecution. The police department, state highway patrol, and
sheriff' s office determine which cases exist and who must be
prosecuted. State law requires the City to prosecute those
offenses that occur within the City limits . Therefore, a
prosecutor and support staff are required, either in-house or
hired elsewhere. Likewise the state legislature and federal
congress dictate when new laws arise which affect City
operations . Individuals decide when to sue the City, and the
needs of the City determine when revised ordinances and
contracts are needed. Therefore, a civil attorney and support
staff are necessary, either in-house or hired elsewhere.
Civil legal services are available only from a law firm.
These can be estimated to cost anything from $104, 000 per year
(providing one-half the services the present in-house attorney
provides) to $208, 000 per year (for the same services as
presently provided) . If prosecution is handled by a public or
quasi-public agency, it may cost as little as $151, 000 per
year. If prosecution is handled by a law firm, it may be
estimated to cost $369, 200 per year. The Legal Department
budget could increase to $359, 000 or up to $577, 200 per year,
depending on which option is selected.
(b) Control over expenses: The City would give up control over
both civil legal and prosecution expenses .
(c) Quantity of legal services provided: The quantity of
prosecution services would remain the same as at present . The
quantity of civil legal services would decrease, since it
would be costly and less effective (due to diminished
understanding of the City) to call an outside attorney.
(d) Control over how prosecution and civil matters are handled:
The City would give up control over how both prosecution and
civil matters were handled.
(e) Quality of work performed: The quality of prosecution could
decrease, if an inexperienced attorney is assigned to City
cases . The quality of civil legal matter would be at a
reasonable level, but not as high as at present .
Discussion: This has the advantage of downsizing City staff . It
also adds flexibility by having entire outside agencies responsible
for providing staffing. This has the disadvantage of substantially
increased costs, decreased control over those costs and over how
matters are handled. Outside attorneys would have less interest in
the City, and provide more generic responses to City questions .
12
Each answer would cost more, and some civil matters would be
handled by non-attorneys on staff in order to avoid the expense of
an attorney. This, in turn, would result in increased future costs
due to poorly drafted contracts and ordinances, and
misunderstandings. Risk management would be eliminated, and legal
problems would arise instead of being prevented. Typically law
firms cannot answer questions as quickly as the in-house attorneys
presently do, so staff may experience delays in drafting matters
for the City Council or in approving development projects, and
other matters .
13
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EXHIBIT B
1 9 9 3
Memorandum Sent to City Council in 1993
when the Assistant City Attorney and Clerk-Typist
were hired.
14
EXHIBIT B hh
MEMORANDUM
TO: Dennis Kraft, City Administrator
FROM: Karen Marty, City Attorney
DATE: February 25, 1993
RE: Provision of Legal Service
BACKGROUND:
As you know, I am unable to keep up with the city' s civil
legal work due to the huge volume of civil and criminal work. I
have cut every corner and instituted every efficiency I can, but
there is simply more work than one person can do.
A prosecutor should, basically, fulfill three functions :
(1) handle all criminal matters in court; (2) provide formal and
informal training for police officers; and (3) keep up on
developments in criminal law. I am managing (1) and (3) , because
(1) is urgent, and I can do (3) during the waiting time at court .
(2) has been almost entirely dropped. I estimated a few months
ago that this job needs a 3/4-time prosecutor. The figures from
Scott Joint Prosecution show that this estimate was correct : I
handle slightly more than half as many cases as their one and
one-half attorneys (475 to their 919) . The latest monthly chart
of criminal cases is attached for your information.
A civil attorney should, basically, fulfill three similar
functions : (1) handle all civil cases and crises; (2) assist in
preventing lawsuits and preparing ordinances; and (3) keep up on
developments in civil law. I can handle crises, do preventive
measures and ordinances that can be handled very quickly, and
manage (3) (done during waiting time at court) . Civil cases are
being contracted out, and preventive measures and ordinances that
take more than five minutes are being postponed, sometimes
indefinitely.
On January 8, 1993, the City Council reviewed a memo
explaining various options for the provision of legal service.
At that Council meeting, we discussed hiring outside
prosecutorial help or hiring in-house prosecutorial help.
Council asked for additional information regarding the possible
options and specific costs, which is set forth below.
HIRE OUTSIDE PROSECUTORIAL HELP:
We could contract for assistance in handling our gross
misdemeanors only, or for assistance in handling all our criminal
cases . The advantages to contracting out are as follows : we
would not have to train or supervise an employee, and it would
get the City Attorney fully out of the prosecution business .
Disadvantages are as follows : We would have very limited control
over the budget, conflicts of interest could arise, we would have
limited control over which prosecutor was assigned to our cases,
we would have limited control over the prosecutor' s action, we
might experience lower accessibility to police officers, and
although we could save perhaps $12, 000 from our current budget,
we would have to pay far more than that to the prosecuting
agency.
1. Gross misdemeanors only.
a. Scott County handled our gross misdemeanors until
December 31, 1991 . I have spoken to James Terwedo, the County
Attorney, to see if he would be willing to take these cases back.
He indicated that the county ,does not wish to do these cases,
because it would require additional staff, and they do not have
space for staff . If the space problem somehow could be
addressed, then he estimated they would charge us $30, 000 .
b. Scott Joint Prosecution has previously offered to do our
gross misdemeanors, only, for a cost of $22, 200 . They were
careful to indicate that this price was only an estimate, and
that we would be billed for the actual cost they incurred, which
would probably be higher.
2 . All criminal matters.
a. Scott Joint Prosecution has indicated that they would be
willing to handle all our cases, at a cost of $72, 477 . This is
based on assigning us 34% of their total budget . If our number
of cases was less or greater than 34% of the total cases they
handled, our bill would vary accordingly. A copy of their letter
is available upon request.
b. Various law firms prosecute for other cities. In 1990
we spent $40, 000 on prosecutions. Since then, the prosecution
case load has doubled, which would undoubtedly raise the cost .
HIRE IN-HOUS PROSECUTORIAL HELP.
We could hire a full- or part-time attorney to handle
prosecutions. The advantages of hiring in-house are as follows :
we would have control over the prosecutor' s actions, we would
have back-up for the civil attorney when needed, we would have
control over the cost of prosecution, we would have no conflicts
of interest, and the same person would prosecute each case for
the city. Disadvantages are as follows: we would have to train
and supervise an employee, and we would have to provide office
space, furniture, and supplies .
In 1992, prosecutions took approximately half of my time.
If we hire a half-time attorney, this person would cost
approximately $15, 000 . In the previous memo I set forth the
-2-
estimated cost for a full-time prosecutor. In further reviewing
the matter, I think we could start with a half-time attorney and
increase the time later if prosecution again began to impair my
ability to get the civil work done.
Information regarding what other cities of this size spend
and how they handle their legal matters is attached for your
information.
RECOMMENDATION:
I recommend hiring an in-house prosecutor for the reasons
stated above.
REOUESTED ACTION:
Discuss the alternatives and decide what method of handling
work would be best for Shakopee.
Signed /-*
Karen Marty, City Attorney
KEM4:b j m
[25MEMO]
Attachments
.0 s-O Apt Z C d S'4 G .�=�'r.�. JpecQQ, 1,l 2 �t t.t,.;
t� 2 ( J`�,-n� (f 1Q.f_..JiN� �. Ji. Q'- . „,,d) j cdh,t ,
-3-
COMPARISON WITH OTHER CITIES
Shakopee
Prosecution handled in house.
New criminal cases in 1992 : 473
Cases per 1000 population: 40 .43
1993 legal budget :
Total : $121, 820+ $10, 000 for new half-time secretary
Civil : $ 63 , 595
Prosecution: $58, 225 + 10, 000 for new secretary
Savage
Prosecution handled by Scott Joint Prosecution.
New criminal cases in 1992 : 374
Cases per 1000 population: 29 . 92
1993 legal budget :
Total : $127, 500
Civil : $ 60, 000
Prosecution: $67, 500
Prior Lake
Prosecution handled by Scott Joint Prosecution.
New criminal cases in 1992 : 430
Cases per 1000 population: 33 . 86
1993 legal budget :
Total : $145, 300
Civil : $ 79, 300
Prosecution: $66, 000
Chaska
Prosecution handled by Carver County.
New criminal cases in 1992 : unknown
Cases per 1000 population: unknown
1993 legal budget :
Total : $121 , 686
Civil : $121, 686 + $56, 000 charged Lo deveLopers
Prosecution : $0
Eden Prairie
Prosecution handled by law firm.
New criminal cases in 1992 : @ 714; exact figures
unavailable .
Cases per 1000 population: estimated at 18 . 17
1993 legal budget :
Total : $298, 000
Civil : $163 , 000
Prosecution: $125, 000
[18 PROS]
-4-
EXHIBIT C
1 9 9 4
Memorandum Sent to City Council in 1994
when the Assistant City Attorney and Clerk-Typist
were changed from part-time to full-time.
15
EXHIBIT C
MEMORANDUM
TO: DENNIS KRAFT, CITY ADMINISTRATOR
FROM: Karen Marty, City Attorney '
DATE: March 30, 1994
RE: Staffing
BACKGROUND:
We need to determine whether the Assistant City Attorney and
Clerk-Typist will be made full time or kept at half time. I had
intended to raise this issue at budget time, but Pat McDermott, the
Assistant City Attorney, has pushed the timing by advising me that
he has an opportunity to take a full time job elsewhere. The
possibility of losing him has caused me to raise the issue now.
DISCUSSION:
Whether or not the Assistant City Attorney should be part- or
full-time depends entirely on what the City Council and City
Administrator want from the Legal Department. Therefore, I will
present a description of what was done by the City Attorney and
Assistant City Attorney prior to the City hiring an attorney in
house (to the best of my knowledge) , what Pat and I have been doing
since being hired, and what I see as actions we may be asked to
handle in the future.
Prior to 1990:
Prior to 1990 the City had a contract with an attorney for
legal work, who in turn was authorized to give criminal matters to
a law firm. For civil matters, the City received an hour or two of
legal assistance per day, mainly answers to questions posed over
the telephone. For the criminal and general legal services, in
1989, the year before I was hired, the City paid about $83 , 865. In
1988 this was $97, 925; in 1987, $76,248 . Larger matters, including
all litigation, condemnations, and special assessment appeals, were
contracted out at additional expense, and generally billed to
projects. Our record-keeping system makes it difficult to total
these sums, but they would have run several thousand dollars per
year. The present practice is to keep more of the expenses within
the Legal Department budget, which results in lower expenses in
some project accounts, and a higher-appearing legal budget.
If the City Council wants no more done than was done in 1989,
we can do it for a similar sum. Due to the way the criminal system
is set up, the City has virtually no control over the hours
required for criminal matters. Therefore, all the time necessary
for criminal matters would be spent on them. When there was time,
ordinances could be reviewed and a few quick legal questions
answered. All large civil projects which have not been started
could be put off indefinitely, all large civil projects which are
underway could be slowed down, and City staffcould be advised to
handle matters without an attorney's assistance more often. This
is an option of the City Council, and should result in lower legal
expenses in the short run.
Since hiring in-house:
1. Additional work done. Since I was hired in house, the
legal matters have been handled far more extensively. Not a week
goes by without a staff member saying how much they appreciate
having an attorney they can contact for a quick answer on a civil
matter to make sure they are handling something legally and
properly. The Police Department has commented repeatedly that they
appreciate the supportive attitude shown by in-house counsel.
2 . Criminal matters. Criminal matters have nearly doubled in
number since 1990. In addition, the cases have become more complex
and time-consuming with the addition of gross misdemeanors in
January 1993 (previously handled by the County Attorney's office) .
In 1991 I handled an average of 39 court appearances per month.
(We count court appearances, not cases, since that is what actually
takes the attorney's time. ) In 1992 this increased to 53; in 1993
this increased again to 63 . So far in 1994 we have handled an
average of 84 court appearances per month, with a record 98 court
appearances in March 1994 . In the first three months of 1994 we
also have filed two trial briefs, compared with one in each of the
prior two years, and have had two criminal cases appealed to the
Court of Appeals, our first appeals ever.
3 . Civil matters. Civil matters are being handled in house
for day-to-day issues. Since 1990, City departments have
substantially changed their approach to legal issues. They have
learned to recognize the legal ramifications of their actions.
City staff relies on and utilizes the City Attorney routinely now
for problem-solving, drafting legal documents, and avoiding
litigation. These items include resolving open meeting and data
privacy issues, applying federal law such as the Americans with
Disabilities Act and the Fair Labor Standards Act, keeping
department heads current on changes in the law that affect their
programs, and drafting ordinances, contracts, and deeds.
Large civil projects were back-logged when I was hired. Those
that have been or are being addressed include revising the zoning
ordinance, modernizing the personnel handbook, cleaning up City
Code language, assessing Murphy's Landing issues and revising their
lease, and orderly annexation of land in Jackson Township. Large
new issues presently pending that the attorney has been asked to
handle include preparing and negotiating a franchise with NSP,
reviewing the cable television company sale, revising the
subdivision regulations, organizing and thinning the 1000-page
policies book (which is a liability - our failure to follow these
largely unknown policies can be used against us in court) , and
providing sexual harassment training for all City employees. Other
pending matters include Police Department training on use of newer
laws, acquisition of the remaining right-of-way for Maras Street,
closing out a condemnation case started by my predecessor, revising
the SPUC personnel policies, updating the City Code (an annual
project) , regulating pawnshops and related businesses, etc.
4 . Summary of in-house status. Presently staff is struggling
to keep up with the most pressing work that comes in, routinely
working extra hours. Although we are efficient, additional work
cannot be taken on without setting other matters aside. Criminal
matters require more time-consuming preparation, due to the
increase in numbers and the addition of gross misdemeanors;
criminal matters now take about 40 hours per week. The remaining
20 attorney hours are spent on civil matters, handling the day-to-
day risk management and the projects discussed above.
Expected Future:
Criminal matters are unlikely to decrease. They have doubled
since 1990, and I expect their number to continue to rise (although
hopefully not as rapidly) . Civil matters will continue to increase
in number and complexity, although the backlog of projects should
decrease.
Civil matters anticipated in the near future include new
public improvement projects, which will generate special assessment
appeals. The downtown rehabilitation project will require
condemnation, and it is possible that condemnation will be required
for Maras Street as well. If the HRA chooses to get involved in
housing, more than superficially, substantial additional attorney
time will be needed. Although these matters are within the
capabilities of staff, we do not presently have the time to handle
them and will be asking to contract them out.
Hours and Money:
The Assistant City Attorney and Clerk-Typist are half-time.
The Director of Finance estimates that to increase these two
employees from half- to full-time would cost approximately $38, 400
per year, in addition to the present Legal Department budget of
$151, 000. Of the increase, nearly $7000 is health insurance
benefits, which they do not presently receive since they are
scheduled to work fewer than 25 hours per week. Another $1000 was
estimated for "compensated absences" (unused sick leave and
vacation leave) , plus $6, 600 mandated by statute for pension and
FICA. If they both were made full-time now, we would need $28, 800
for 3/4 of a year. The Director of Finance has indicated that the
General Fund fund balance is $500, 000 higher than anticipated.
Comparison with Other Cities:
The question as to what our staffing needs "should be" is
sometimes phrased in comparison with other cities. This comparison
is difficult. No other city Shakopee's size has in-house counsel.
In-house counsel provides a vast amount of lawsuit prevention
through proper drafting of documents, training of staff, and
answering of questions before a crisis is reached. No other city
Shakopee's size has the huge criminal workload we have. No other
city Shakopee's size is involved in the number of major projects we
have: downtown redevelopment, MUSA expansion, zoning ordinance
revision, possible housing projects, orderly annexation, TIF
district expansion, community center proposals, subdivision
regulation revision, utility franchise negotiation, enhancement of
Murphy's Landing, re-use of Canterbury Downs, construction of the
southerly by-pass, Indian land issues, numerous residential
subdivisions, electrical substation and water tower development,
etc. Each of these projects has legal issues that take some time.
Cumulatively, these projects take a great deal of time.
ALTERNATIVES:
1. Increase the Assistant City Attorney and Clerk-Typist from
half-time to full-time now, and fund their positions from General
Fund fund balance.
2 . Increase the Assistant City Attorney to full-time now,
funding this from General Fund fund balance, and increase the
Clerk-Typist to full-time starting next January.
3 . Increase the Assistant City Attorney and Clerk-Typist from
half-time to full-time starting next January.
4 . Reassess the work being done in the Legal Department, and
do not increase any staff.
5. Authorize staff to initiate the hiring process for a half-
time attorney, if the present Assistant City Attorney resigns.
(This alternative is expected to be needed if alternative 3 or 4 is
chosen. )
RECOMMENDATION:
The sheer number of matters is overwhelming the Legal
Department. I recommend and request making the two half-time
employees full-time, as soon as possible. The present staff is
giving its money's worth, and handling not only all criminal
matters, but also a range of civil matters never before handled in
Shakopee. The criminal workload has doubled in the past three
years, and was high for a city of this size before it doubled.
Likewise the civil workload has exploded, with no end presently in
sight. Shakopee can choose how it wants to handle these legal
matters; I recommend that we put the proper staff in place to
handle these matters in house now, so that the City can keep up
with the extensive projects and plans now beginning or underway.
If Shakopee returns to a sleepy town with limited development and
a decreasing number of criminal prosecutions, we can reduce hours
or lay off staff.
REOUESTED ACTION:
Move to increase the Assistant City Attorney and Clerk-Typist
from half-time to full-time now, and fund their positions from
General Fund fund balance.
TO: Dennis R. Kraft, City Administrator
FROM: Gregg Voxland, Finance Director
SUBJ: Rural Vs Urban Tax District
DATE: December 18, 1995
Introduction
Council is requested to review the status of the urban
versus rural taxing districts.
Background
The rural taxing district was set up in 1967 by ordinance
and modified in 1978 . The rural district is property
classified by the assessor as agricultural homestead or
agricultural non-homestead. Also, it must be open, rural in
nature and maintained in farm crops or seeded.
The City Council at that time judged that the ratio which
existed between the benefits resulting from tax supported
municipal services received by parcels in the rural district
compared to parcels in the urban district was 50% plus any
taxes levied for the payment of debt service and judgments.
Further, no city services beyond that normally provided by
the townships will normally be provided by the city in the
rural district except fire, police and planning services and
such additional services as the City Council shall
prescribe.
The above material is from Ord. 15, fourth series, a copy of
which is attached. Shakopee and Prior Lake are the only
cities in Scott County with a rural taxing district . It is
reportedly rare in the metro area. The ratio set for Prior
Lake is 70% compared to Shakopee' s 50%
Also attached is a copy of the memo dated September 28, 1978
from the City Administrator on this subject . The ordinance
was revised after the date on the memo. The ordinance or
the memo do not have specific financial analysis of the
service differential and the ratio set appears to be based
on the subjective perceptions of a majority of Council at
that time.
Since 1978, several things have changed that impact this
issue. The city has made a general effort over the years to
fund operations more by appropriate user fees and reduce the
reliance on taxes . Storm drainage used to be funded by
taxes and is now funded by utility bills. Infrastructure
construction and replacement in now more heavily reliant on
user fees and assessments as opposed to taxes .
Agricultural property already has tax differentials in place
in the form of;
Lower tax capacity assessment rate set by the state.
The assessment rate for agricultural property is
1 . 5% of market value.
The rate for residential is 1% for the first
$72, 000 of market value and 2% for the balance.
The rate for commercial and industrial is 3% for
the first $100, 000 and 4 . 6% for the balance.
Green acres status defers tax increases for three years
and eliminates tax increases older than three years.
There are about 360 parcels in Shakopee that are classified
as agricultural and qualify for the rural tax district if
the other criteria set by Council are met . Verifying the
compliance with the other subjective criteria would be a
manual, parcel by parcel process .
The status quo language is vague and very subjective. If
Council wishes to continue the rural district differential,
Council may wish to consider substituting other more
objective criteria such as; minimum parcel size of 10 acres;
outside of the MUSA area; in an area zoned agricultural .
If any council member has an interest in property affected
by this issue they may want to consider participating in the
discussion and voting in an appropriate manner.
Alternatives
1 . Status Quo.
2 . Eliminate rural taxing district .
3 . Change ratio.
4 . Phase out rural district over a number of years (3?) .
5 . Classify all agricultural use land as being in the rural
district .
6 . Classify all agricultural use land south of the MUSA
line (bypass) as being in the rural district .
7 . Other options using factors mentioned above.
Recommendation
Eliminating the rural district is certainly the simplest
administratively and staff does not see that the former
rational of less service received currently exists. Some of
the agricultural land in the developing areas take more
services from Community Development and Engineering than
other areas .
Eliminating the subjectivity of the current criteria is
recommended and requested.
If any changes are to be made in time for the pay 1996 tax
statements, Council needs to act within a short time frame
in order for the county (and staff?) to be able to implement
the changes.
Action Requested
Discuss and give staff direction.
doc/gregg/rural
ORDINANCE NO. 15
FOURTH SERIES
An Ordinance of the City of Shakopee, Minnesota, Amending the Shakopee City Code,
Chapter 13 entitled "Urban and Rural Service District" by Repealing Subsections
3, 4,_5,_. 6, 7 and 8 and by Adopting a New Subsection 3 defining and describing
What• Shall Constitute a Rural Service District; by Adopting a New Subsection 4
Establishing a New Benefit Ratio Figure and by Adopting a New Subsection 5 defining
City Services Normally Provided in a Rural Service District
THE CITY'COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, DOES ORDAIN:
SECTION 1: REPEAL
The! Shakopee. City Code is hereby amended by repealing Subsections 3, 4, 5, 6,
7 and4;8'.of•Chapter 13. ,
SECTION 2: NEW PROVISIONS ADDED. TO CHAPTER 13
Subd. 3
A. The rural service district shall include only such land which is
classified by. the City Assessor as Agricultural Homestead or Agricultural Non-homestead
land.
B. Land in a rural service district must be open, rural in nature and main-
tained in farm crops or seeded and any fill hauled therein shall be graded off and •
seeded at least once a year.
Subd. 4 On .a;{.judgment of the Shakopee City Council the ratio which exists
betweenthe benefits resulting from tax supported municipal service to parcels in the -
rural service district to parcels in the urban service districts is 50% plus any
municipal property taxes levied-for the payment of bonds and judgments and interest
thereon.
-.Subd. 5 •No city services beyond that normally provided by the townships of Scott
Countywill normally be provided by the city in a rural service district except fire,
police`: and planning services and such additional services as the Shakopee City Council
shall, from time to time, prescribe.
SECTION 3: Effective Date
After the adoption, signing and attestion, this Ordinance shall be published once
in the official newspaper of the City and shall be in force and effect after the date
following such. publication.
.
AIMIIIIIIIIINIIIIMMENImil
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Adopted by the Shakopee City Council this 1 / --- day of Cre (1. If
1—t., . 1978.
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Mayor of the City of Shakopee
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ATTEST: Stat.0 Df t 4A,.i I.::11 i.,!...,...:.I r,:1
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Prepared and approved, as to :form- ! - • • • .
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Published in Shakopee Valley News Nov. 8 1978.
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MEMb TO: Mayor and City Council W
FROM: Douglas S. Reeder, City Administrator
RE: Urban and Rural Service Districts
DATE: September 28, 1978
Attached is a copy of Chapter 13 of the City Code which incorporates
old ordinances 270 and 272 adopted in 1967. These ordinances were
apparently adopted at the time or before the annexations of Eagle
Creek property and were an attempt to lesson the increase in tax burden
on the annexed property.
The old City Charter set the tax rate on agricultural property at
50% of the urban mill levy while resolutions 270 and 272 set the agricul-
tural tax rate at 30% of -the urban mill levy for property over 10 acres .
At the same time , Prior Lake, which also annexed part of Eagle
Creek Township sets the tax rate on agricultural property at 70% of
the urban mill levy for property over 10 acres .
The theory behind all the tax breaks is that the agricultural
properties do not receive as much city services as the urban areas .
In fact I believe there was and is some truth to the theory, however,
I believe a case can be made that for some services , the rural areas
are more expensive to serve . Specifically, it takes more police patroling
to cover the same number of homes in the rural area than in the urban area.
For fire protection, we have to drive the equipment further to provide
service and in fact have to buy special equipment - a water truck.
I believe that generally the difference between the services
received by the rural properties and' those received by the urban properties
are becoming more alike as time goes. on and therefore I believe that
this policy on rural tax benefits should be examined.
At this time and for the last three or four years , Scott County
has been using the agricultural tax rate of 5070 of the urban mill levy
for the rural property in Shakopee over 10 acres , however, there does
not appear to be a resolution or ordinance on record calling fcr this
amount of tax relief. In fact , the new City Code calls for the
agricultural tax rate to be 30% of the urban mill levy and the County
will go back to this rate unless the City Council takes some a:-.tion to
reduce the tax break.
RECOMMENDATION
a. It is recommended that the City Council set a public hearing on
October 17th to determine what the rural tax rate should be and that we
notify key people interested in this subject.
b. It is further recommended that the Council should set :he rural
tax rate at 70% of the urban rate. This recommendation is made for the
following reasons :
Urban and Rural Service Districts
September 28, 1978
Page -2-
1 . Prior Lake has set their' s at 70% and Savage is apparently
about that . The agricultural rate in Shakopee is the lowest in the
County.
2 . The 1966 Charter set 50% and it is my opinion that the cost
of services to the rural area is increasing. In addition it is my
understanding that the rural areas used to pay directly for some of
the services they received like police and fire .
3. If the Council does nothing and the rural rate returns to
30% (from 50%) the mill rate for the rest of Shakopee will be
increased and the tax decrease you have attempted to give will
be somewhat diluted.
4. With the tax reduction this year, the increase 'fro,m 50 to
70% would not be felt as much in the rural areas . .
5. The rural agricultural properties over 10 acres now already
enjoy substantially lower taxes than the urban area because of the
state law for green acres and agricultural properties and therefore
even if the urban and rural services areas were receiving the same
tax rate, the rural areas would pay less for the services they enjoy.
For your information, I have also attached some data on random
properties who now enjoy the rural tax rate.
DSR/jsc
CHAPTER 13
URBAN AND RURAL SERVICE DISTRICTS
SECTION 13.01. URBAN AND RURAL SERVICE DISTRICTS .
Subd. 1. The City hereby divides the area within its
limits into an Urban Service District and a Rural Service Dis-
trict, constituting separate taxing districts for the purpose of
all municipal property taxes except those levied for the payment
of bonds and judgments and interest thereon.
Subd. 2 . The Urban Service District shall include all
properties within the limits of the City, except those set forth
herein as Rural Service District.
Subd. 3. The Rural Service District shall include only
such unplatted lands which need not be contiguous to one another
as in the judgment of the Council at the time of adoption of this
Section are rural in nature, and are not developed for commer-
cial, industrial or urban residential purposes and for these rea-
sons are not benefited to the same degree as other lands by muni-
cipal services financed by general taxation. This Section may
include lands outside the City which, if annexed, shall be in-
cluded in the Rural Service District.
Subd. 4. The following lands are included in the Rural
Service District:
•
A. All of Government Lot 1, Section 1, Township
115 , Range 23, Scott County, Minnesota.
B. The North Half of the Northwest Quarter and
Government Lot 4 and a strip of land Southwesterly of the Shak-
opee-Chaska Road in Lot 2, and the Northwest Quarter of the
Northeast Quarter, all in Section 1, Township 115 , Range 23,
Scott County, Minnesota.
C. 13 acres in Lot 7 , Section 2 , Township 115 ,
Range 23 , Scott County, Minnesota.
Source: Ordinance No. 270
Effective Date: 10-7-67
D. All that part of the West 2/3rds of the South-
west Quarter and Government Lot 5 lying South on the line of Sec-
ond Street extended Easterly in a direct line from the East line
of said Second Street in the City of Shakopee , all in Section 6 ,
Township 115 , Range 22 , Scott County, Minnesota.
Source: Ordinance No. 272
Effective Date: 12-2-67
4-1-78
-360-
6)
E. A tract of land in the East 3/4ths of the
Southeast Quarter of Section 6 , Township 115, Range 22 , Scott
County, Minnesota.
F. A triangular tract of land in the East 3/4ths
of the South Half of the Southeast Quarter North of Shakopee and
Credit River Road, Section 6 , Township 115 , Range 22, Scott
County, Minnesota.
G. 19 acres in the Southeast Quarter of the
Southwest Quarter, Section 6, Township 115 , Range 22, Scott
County, Minnesota.
H. The North Half of the Northeast Quarter East
of Highway No. 17 except 4.15 acres and except 1 acre , Section 7 ,
Township 115 , Range 22, Scott County, Minnesota.
I. The North Half of the Northeast Quarter West
of Highway No. 17, Section 7, Township 115, Range 22, Scott
County, Minnesota.
J. The East 16.12 acres of the Northwest Quarter
of the Northwest Quarter, except 10 acres , and the Northeast
Quarter of the Northwest Quarter except the East 2 rods , all in
Section 7, Township 115, Range 22, Scott County, Minnesota.
K. The West Half of the Northeast Quarter, except
24 acres , and except 4.76 acres , the highway and 15.94 acres and
2.06 acres, Section 11, Township 115, Range 23, Scott County,
Minnesota.
Source: Ordinance No. 270
Effective Date: 10-7-67
Subd. 5. Whenever .any parcel of land included in the
Rural Service District is platted in whole or in part; or when-
ever application is made for a permit for construction of a com-
mercial, industrial, or residential building or improvement; or
whenever such improvement or building is commenced without a per-
mit, the governing body shall make and enter an order by resolu-
tion transferring said parcel or part thereof from the Rural Ser-
vice District to the Urban Service District. No parcel shall be
included in a Rural Service District of ten acres or less and no
parcel shall remain in a Rural Service District unless such par-
cel consists of ten acres or more.
Source: Ordinance No. 272
Effective Date: 12-2-67
Subd. 6 . In the judgment of the Council, the ratio
which exists between the benefits resulting from tax supported
municipal service to parcels in the Rural Service District to
parcels in the Urban Service District is 30%, plus any municipal
property taxes levied for payment of bonds , and judgments , and
interest thereon.
Subd. 7. Any parcel within a Rural Service District
for ten (10) years without development shall be considered by
the Council for exclusion from the Rural Service District. By
amendment hereof such parcel shall be included in the Urban Ser-
vice District if any area adjacent thereto is determined by the
Council to be substantially developed as urban property.
-361- 4-1-78
•
Subd. 8. The following provisions shall apply:
A. No City service beyond that normally provided
by the townships of Scott County will be provided by the City in
a Rural Service District, except fire , police and planning ser-
vices ;
B. Land in a Rural Service District must be open,
rural in nature and maintained in farm crops or seeded;
C. Grading is not considered as development pro-
vided grading is such as to hold storm runoff on the land and not
produce storm runoff problems and provided graded areas are
cropped or reseeded within one (1) year;
D. Any fill hauled in shall be graded off and
seeded at least once each year.
Source: Ordinance No. 270
Effective Date: 10-7-67
(Sections 13.02 through 13.99, inclusive, reserved for fu-
ture expansion. )
4-1-78
-362 •
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ORDINANCE tZ2
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. An Ordinance Amendip7 Ordinance 2270 as Tieroin Set Torth
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TUE COiu 01I COJi;OIL 0,.' '1<tE CITE 02 SHAKOPEE IDES ORDAIIN1:
f
.::]3TICi; I: Amending Ordinance 1-270
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A. Ordinance 2270 shall be, and hereby is, amended 1;y detetin and striking
the words 'or a:_riculture' as contained in Section of said Ordinance 2270.
D. Ordinance .?270 is further amended by striking all of Subsection 0 or Section i-
11
•1`+ of said Ordinance :270. -,:
C. Ordinance ,,270 is further amended by inserting in lieu of said Subsection :,•
D, Section I'1, the fol1ouln:;:
"All that part of the ',:est 2/3rds of the Southrlest Quarter and
:loverntent Lot 5 lyin South on the line of Second Street extender?
Easterly in a direct line from the Last line of said Second Street
in the City of Shakopee, all in•Section 6, Township 115, flan e 22,
Scott County, i-innesota.
SSEC'1TOi: IT: Effective fective date
This ordinance shall be in force and effect from and after 30 days after its
t -
pa.ssa^;e and publication.
S CITCjI III: itecordin' and Fi?in .
The City -iecorder of tho City of Shakopee is authorized and instructed to cause
a certified cony hereof to be recorded and/or filed or both with the i:e';ister of Deeds K
an-1 tho ite; i.strar of Titles of Scott .+ount2r, ;':innesota, as may be required, immediately
upon this ordinance beca•.ne effective.
Passed. inc- of Council session the •.ommon of the amity of Shakopee held
this ,..v.‘. da', of C_%C%_7c�1,,PE , 1967.
b.
Presic ent ,. Common Council
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Annro•tfed this �yl�! o" .�;--Q fh 1'x'•7. ,r.
........;:: / ‘,:ek .--
�,a,r4.)r of /the City of Shakopee
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ORDINANCE # 21" •
An Ordinance Setting Forth Urban and Rural Service Districts in the City of Shakopee,
Minuesota, Pursuant to Chapter 712 of the Laws of 1964 #s Amende j
THE CeHMON COUNCIL OF THE CITY OF SHAKOPEE DOES ORDAIN: . .
•
SECTION I: The City of Shakopee hereby devides the area Within its limits into an
Urban Service District and a Rural Service District, constituting separate taxing
districts for the purpose of all municipal property taxes except those levied for the
payment of bonds and judgments and interest. thereon. .
SECTION TI: The Urban Service District shall include all properties within the
limits of the City of Shakopee,. except those set forth by ordinance as Rural Service
District.
SECTION III: The Rural Service District shall include only such unplatted lands
which need not be contiguous to one another as in the judgment of the Comuop Council
of the City of Shakopee at the time of adoption of the ordinance are rural in character,
and are not developed for commercial, industrial or urban re¢idential• purposes and
for these reasons are not benefited to the same degree as other..lands;by.municipal
services financed by general taxation. This ordinance may' inc .ude lands outside the
City of Shakopee which, if annexed, shall, be included in the Rural. Service District.
SECTION IV: The following lands are included tn thg $•ura.,Senv Ge Dtgtricti . •
A. All of Government Lot 1, Section 1, Township U5,Bq,u q'2 ,. Scott
County, Minnesota
B. The North Half of the Northwest Quarter aid Government Lot 4 and •
a strip of land Southwesterly of the Shakopee.Chaska'.Road In Toot .
2, and the Northwest Quarter of the Northeast Quarters'.a13. 'to •
Section 1, Township 115, Range 23, Scott'Cpunt , Minna4Qta.'
C. 13 acres in Lot 7, Section 2, Township 115,' Range 23, qcgtt
County, Minnesota.
D. All that part of the West 2/3rds of the Southwest Quarter and
• Government Lot 5 lying South on the line of Secgnd. $treet
Easterly in a direct line 'from the East line,pg•'.p#id Second
Street in the City of Shakopee, all in Sect ,on. 4, Township:115.
Range 23, Scott County, Minnesota. • a
• E. A tract of land in the East. 3/4ths of the SoutheestiQyarter of
Section 6, Township 115, Ran$0 22, Scott cOnty,X1?u(ssota • ..
•
F. A triangular tract of land in the East 3/4ths of the South Half •
of the Southeast Quarter North of Shakopee and'Credit•'River Road,
' Section 6, Township 115, Range 22, Scott County, 4innesota:
It
19 acres in the Southeast Quarter of the Southwest Quarter, Section
6, Township 115, Range 22, 'Scott County, Minnesota.
_ 'uar er as o - g way .
•
except 4.15 acres and except 1 acre, Section 7, Township 115,
Range 22, Scott County, Minnesota. ' •
I. The North Half of the Northeast Quarter West of Highway #17,
Section 7, Township 115, Range 22, Scott County,. Minnesota. •
J. The East 16.12 acres of the Northwest Quarter of .the Northwest
'Quarter, except 10 acres, and the Northeast Quarter of the
Northwest Quarter, except the East 2 rods, all ip' Spction 7
Township 45, Range 22, Scott County, Minnesota.' -
K. The West Half of the Northeast Quarter, except 2f acres, sand .
except 1476 acres, the highway and 15.94 acres and 2,Q6 acres,
Section 11, Township 115, Range 23, Scott County. .Minnesota. •
SECTION V: Whenever any parcel of land included in the Rural Service District is
platted in whole or in part; or whenever application is•made fob' a permit for con..
struction of a commercial, industrial, residential or agricultural building or
improvement; or whenever such improvement or building is commenced s .thout a
permit, the governing body shall make and enter an order by resolution transferring
said parcel or part thereof from the Rural Service District to the Urban service
District. No parcel shall be included in a Rural Service District of ten acres or
less and no parcel shall remain in a Rural Service District unless such parcel
consists of ten acres or more. ;.
SECTION VI: In the judgment of the Common Council of the City of Shakopee,'• the ratio
which exists between the benefits resulting from tax supported wunicipal,service q
parcels in the Rural Service District to parcels in the Urban Service Di.strio}, ie
30%, . plus any municipal property taxes levied for payment of ponds, and' udggen s, •
• and interest thereon. ,: .ti ,... .,
SECTION VII: Any parcel within a Rural Service District for ten years without. 1ry"
development shall be considered by the Common Council of the City of Shakopee •for.
exclusion from the Rural Service District. By amendment hereof' ouch pargyW oha ,l
be included in the Urban Service District if any area'adjacent thereto i4rdipterpinOd
by the Commop:Council of the City of Shakopee, to be eubstanti.allly develQpo4 q R q
property. ;
, r A
SECTION VIII: &. No City service beyond that•normally provided by the townships ''' •
of Scott County will be provided by the City in a Rural Service District, 'except.'fire,
police and planning services; B. Land in a Rural Service .District must be open, :,:i. n
rural in character and maintained in farm cropaor seeded; C. '' grading is•not 94P-r'' ' '' :'
gidered a¢ development provided grading is such as to hold atone runO4-Qu the 1.4
and not produce storm runoff problems and provided graded areas are cropped or i '. «
reseeded within one year; D.' Any , <r; ��
at least once each year. dill hauled in $ a1� baadec� o�; ap�`s�4dec� ': , �: ;
, :
SECTION IX: This ordinance shall take effect and be in force from and s.;ter 3Q daYe ' ','
g* its passage and publication.
• •'•,
After due notice and public hearing held this 2a day of gv 1967, .
as required by Minnesota Statutes Section 272.67 (Subd. 3 and 4), ant after duly
conforming with all of the requirements of said Section 272.67, the final. adoption 1
of this ordinance was adopted passed and approved by the Common .Council of the City •
of Shakopee thisllif day
of 967.
President
e ►: �# Council rATTF$T;
•
/ t -, - ,e- t„.._
GL y corder prove is if... `rar: ,mr 167.
Pr aced and approved th
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. An Ordinance Amendin7 Ordinance ;r2 0 as Herein Set Forth
TilE COli011 COJi'OII, 0 THE CITY OF SHAKOPEE IDES ORDAIN:
. OTI0i; I: Amenclinr Ordinance 7270 ruK
A. Ordinance 1270 shall be, and hereby is, amended by d.eietinr; and strikin ,
the words 'or agriculture 4 as contained in Section o.0 said Ordinance '270 . 74
7
A`3
L. Ordinance •;270 is further amended by strikin all of Subsection 0 of Section ; .
II of said Ordinance 1c270. r?;;
• L',Y
....
Ordinance ,.2.7O is further amended by Insertin{ in lieu of said Subsection ,..
0, Section I7, the fol7.orPi.n:;:
4y'`;
.
e
VAll that part of the '.:est 2/3rds of the Southr+est Quarter and 4 ',��
SFr,
3overnment Lot 5 lying South on the line of Second Street extended 1, '
Easterly in a direct line from the Last line of said Second Street
in the ..%ity of Shakopee, all in•Section 6, T'ot•:nshih 115, Ilan e 22,
Scott county, i'tinnesota.
SEC'iTOl II: Effective date • +`
This ordinance shall be in force and effect from and after 30 days after its c1l,
.
passage and Publication.
SL+0TTOi1 III: Itecordin
'" and N'ilin«
The City aecorc.'•er of the city of Shakopee is authorized and instructed to cause
r
a certified cony hereof to be recorded and/or Cite, or both with the ire~sister of Deers
anawl the ate.:i trfl,r of Titles of Scott County, 1'.Lnnosotr1, as may be required, 1'7:10li tely
upon this or,'inance become effective.
,
Passed in '�'-e--c- .. session of the Common Council of the .,lty of Shakopee held
a,,
{
this ,. L, c1av of Oec_7l-e 1067.
-- -. ; 1
':. ._'_
Presient
Common Council
A^1TE.�'1'. /
fief, j n
�.� _
' . --)...? ... riTr,_ , _ -,
•
' ..<...4:-4:.T'...' w.... ... , .. ,.......L
�ta ,-,)r of he City of Shakopee
Prepared and approved this
10th d or October, 1967. , r
•
Lat7 A0.01111'1'
w•'
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� 5,',4-”,:. .x r ar” 2-t li?� � }kr�t n M,vn.4 � +
�i �� ' •"‘04`q,,`":!i4:74.411:4•y' ," "' -� •j ry' r 1 r
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ORDINANCE 44 27°
An Ordinance Setting Forth Urban and Rural Service Districts in the City of Shakopee,
Minnesot,, . Pursu4nt too Chapter 712 of the Laws of 1965 ,,s Aniefl e0
THE COMMON COUNCIL OF THE CITY OF SHAKOPEE DOES ORDAIN:
SECTION I: The City of Shakopee hereby clavicles the area within its limits into an '
Urban Service District and a Rural Service District, constituting separate taxing
districts for the purpose of all municipal property taxes except those levied for the
payment of bonds and judgments and interest. thereon.
SECTION TI: The Urban Service District shall include all properties within the
limits of the City of Shakopee,• except those set forth by ordinance as Rural Service
District.
SECTION III: The Rural Service District shall include only such unpl.atted lands.
which need not be contiguous to one another as in the judgment of the Common Council
of the City of Shakopee at the time of adoption of the ordinance are rural in character,
and are not developed for commercial, industrial or' urban redidential• purposes and
for these reasons are not benefited to the same degree as .othe�r..lands;by.municipal
services financed by general taxation. This ordinance may' in4ude lands outside the
City of Shakopee which, if annexed, shall be included to the Rral service District.
SECTION IV: The following lands are included in the Rural. cea Sere Dietricti
'A. All of Government Lot 1, Section 1, Township 145 'lam ;'2.?,.,$cott '
County, Minnesota. r •
B. The North Half of the Northwest Quarter aid Government Lot W and
a strip of land Southwesterly of the ShakopueTChaska .Road In Lot
2, and the Northwest Quarter of the Northeast Quarter,'.41 'in
Section 1, Township 115, Range 23, Scott Count', )iinnggta.
C. 13 acres in Lot 7, Section 2. Township 115,' Rene 23,, gcgtt
County, Minnesota.
D. All that part of the West 2/3rds of the Southwest Quarter and ,, •
Government Lot 5 lying South on the line of Secgnd:Street
Easterly in a direct line 'from the East line et said Second
Street in the City of Shakopee, all in Sect,An 4, Township;115,
Range 23, Scott County, Minnesota.
E. A tract of land in the East 3/4ths of the Southaest 'Qyarte; off'
Section 6, Township 115,. Rang° 22, Scott CApty,XtPa,aota .
F. A triangular tract of land in the East 3/4ths of the South Half •
of the Southeast Quarter North of Shakopee and'Credit'RiverRoad,
Section 6, Township 115, Rargs 22, Scott County, 4inngsota.
• , • ;
Q. 19 acres in the Southeast Quarter of the Southwest Quarter, Section'' .
6, Township 115, Range 22, Sgott County, Minnesota. '
' • ,+. , ,
11
•
H. The North Half of the Northeast Quarter East of Highway ill?
except 4.15 acres and except 1 acre, Section 7, Township 115,
Range 22, Scott County, Minnesota.
I. The North Half of the Northeast Quarter West of Highway #17,
Section 7, Township 115, Range 22, Scott County,• Minnesota.
J. The Bast 16.12 acres of the Northwest Quarter of the Northwest
'Quarter, except 10 acres, and the Northeast Quarter of the a
Northwest Quarter, except the East 2 rods, all in Section 7R
Township 115, Range 22, Scott County, Minnesota.'
K. The West Half of the Northeast Quarter, except 2* acres, and .
except 4476 acres, the highway and 15.94 acres and 2, Q6 acres,
Section 11, Township 115, Range 23, Scott County, Minnesota.
SECTION V: Whenever any parcel of land included in the Rural Service District is
platted in whole or in part; or whenever application is'made for a permit for oon..
struction of a commercial, industrial, residential or agricultural building or
Improvement; or whenever such improvement or building is commenced 4thout a
permit, the governing body shall make and enter an order by resolution transferring
said parcel or part thereof from the Rural Service District to the Urban Service
District. No paroel shall be included in a Rural Service District of ten acres or
less and no parcel shall remain in a Rural Service District unless such parce). . ,
consists of ten acres or more.
SECTION VI: In the judgment of the Common Council of the Cit
which exists between the benefits resulting from tax supported
of Shakopee, the ratio
pported utugicipallservice0 :' ,.
parcels in the Rural Service District to parcels in the Urban Service District it,
30, plus any municipal property taxes levied for payment of bonds, and' adgman , ' .
• apd interest thereon.
SECTION VII: Any parcel within a Rural Service District for ten years without `
development shall be considered by the Common Council of the City of Shakopee ter• '
exclusion from the Rural Service District. : By amendment hereof'such ParS0V 4h4l
be included in the Urban Service District if any area adjacent thereto 'peq'
by the Common Council of the City of Shakopee, to be substantia1l devpip�.) q
9 :
property. 't ,..
SECTION VIII: Yl. No City service beyond that normally provided by the townships
of Scott County will be provided by the City in a Rural Service District, ' except Are, ji
.`�
police and planning services; B. Land in a Rural Service •District must be gpep, :'i : :.;,.
rural in character and maintained in farm cropapr seeded; CL • grading La•not ' 1;Y
eidered as development provided grading is such as to hold storg4 runoff On the la k'{
and not produce storm runoff probl4ma and provided graded areae are croPPed or l':%,... h �,
reseeded within one year; D. Anyto halal be grade4 off ap�i•;ee9dpc� ,rr�Fl.
at least fill ,hauled s
once each year.
SECTION IX: This ordinance shall take effect and be in force from and '
et* its passage and publication. after 3Q dayAs
After due notice and public hearing held this 21 day of gv 1967,
as required by Minnesota Statutes Seotion 272.67 (Salad. fi
uly
conforming with ell of the requirements of said73 and. 4), end nfteropti
Section 272.67, the final'.adoption 1
of this ordinance was adopted passed and approved by the Common 'Council qt' the City
of Shakopee thisAre
day of 967. •
� - ,
ATTR• President of a *%,,,..n-council •
::,
/
1 " 11 • ,.
914), corder prove. is ,f �..r. p6
Prepared and approved th •�i�:, 1,1
day of July, 1967 .i.: ;I;� .
.'
May. o the City of'Shakopee ;;:.1;
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//Mk.,
MEMO TO: Mayor and City Council
FROM: Dennis R. Kraft, City Administrator
RE: Council Meeting Objectives and Procedures
DATE: December 27, 1995
It has been past practice for the Council to discuss meeting objectives and procedures at
their first meeting of the new year. Adopting objectives and procedures can aid the Mayor
in running an orderly meeting accomplishing the objectives set forth on the agenda. This
memo contains those items that previous Council's have discussed and is provided to you
for your consideration at this time.
MEETING OBJECTIVES:
While not necessarily a complete list of meeting objectives, the following were previously
considered when proposing certain meeting procedures. Meeting should(in no order of
importance):
* Be concise
* Be understandable(by Councilmembers, stall; recording secretary, attendees,the
press and TV audience.
* Be accountable(to the citizens being represented)
* Be open to public input
* Allow ample opportunity for discussion and fair representation of all ideas and
options
* Encourage staff input of material fact and staff conclusions
* Enhance the image of the City
* Be respectable to all people
* Conduct the business of the City with the interests of the overall community
guiding the decision making process
MEETING PROCEDURES:
The following are previously adopted meeting procedures:
* Limit the "Liaison Reports" section of the agenda to just liaison reports
* Include "Other Business"as a regular part of every agenda
* Include "Mayor's Report"as a regular part of every agenda
* Allow the audience to speak to the consent agenda regarding the removal of an
item from consent if a consent agenda exists
* Maintain reasonable adherence to parliamentary procedure
* Enforce that only those having the floor as recognized by the chair shall speak
* Encourage both audience and Councilmembers to address the chair
* Encourage that motions be descriptive of action sought i.e. not simply`move the
requested action"
* Make a strong effort to make motions only in the affirmative
* Allow any member to make modifications to a motion, if acceptable to the maker,
but only,prior to the start of discussion as signaled by the chair;(After discussion
has begun a motion can be altered only by a successful motion to amend)
* Disallow discussion on a motion until seconded or declared dead
* Generally follow that the member who makes a motion will be given the first
opportunity to speak in discussion
* Generally recognize any member who has not spoken on a question over one who
has
* Discourage cumbersome,lengthy and numerous amendments to a motion
* Rule against explanation of vote by members during voting
* Delete "automatic"roll call votes
* Declare a unanimous vote if a motion receives any votes on one side and none on
the other
* Generally report by the chair the results of all votes indicating those members in
the majority
* Make every effort to be protective of citizens, staff and Council from personal or
unnecessary derogatory attacks
CONCLUSIONS:
The Mayor will be focusing most of his attention during meetings on the process of the
meeting itself. He still,however,will need the assistance of all Councilmembers to
maintain proper meeting procedure.
Please discuss with me any ideas or consensus you may have for the way meetings are run
or any other issues which can improve our City.
REQUESTED ACTION:
Discuss the Council Meeting Objectives and Procedures and amend and adopt them as
desired.
H:\Tami\Admin\Objectives
4/4/
ORDINANCE NO. 438, FOURTH SERIES
AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING
CITY CODE CHAPTER 2 , ADMINISTRATION AND GENERAL GOVERNMENT, BY
ADDING ONE NEW SECTION ESTABLISHING A CODE OF ETHICS.
THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA,
ORDAINS :
•
Section 1 - That City Code Chapter 2, Administration and
General Government, is hereby amended by adding one new section
establishing a code of ethics, which shall read as follows :
SEC. 2 .39 . CODE OF ETHICS.
Subd. 1. Purpose. The public judges its government by the way
public officials conduct themselves in the posts to which they
are elected or appointed. City officials, including City Council
members and all members of boards and commissions appointed by
the City Council, hold positions of public trust under the
scrutiny of public opinion, and their actions must be above
suspicion. The public has a right to expect that these city
officials will conduct themselves in a manner that will preserve
public confidence in and respect for government . In order to
continue the public confidence and integrity of city officials
and to promote trust of the people in the objectivity of their
public servants, this code of ethics for city officials of the
City of Shakopee is adopted.
Subd. 2 . Credo. The following credo is hereby adopted.
We believe that government service is a worthy calling. We
are proud of the privilege of serving the public.
We affirm the dignity and value of the service we render,
and strive for a constructive, creative and practical approach to
our work and responsibilities.
We dedicate ourselves to the highest ideals of honor and
integrity and the principles of equality for all regardless of
race, color, creed, religion, national origin, sex, marital
status, status with regard to public assistance, disability,
sexual orientation, or age.
We believe it is our duty continually to improve our
abilities and skills in order to sustain productive and quality
performance.
We emphasize a friendly and courteous attitude and seek to
present a positive image of public service.
We respect and treat as privileged, information accepted in
trust, to the extent permitted by law, and believe that all
be handled fairly of personnel should according to
established rules.
We believe that personal gain, either immediate or in the
future, secured by the misuse of one' s position, is totally
unethical . PUBLIC SERVICE IS A PUBLIC TRUST.
Subd. 3 . Statements of Economic Interest. In the event an
individual City Council member feels a conflict of interest
exists, this should be disclosed to the other Council members .
Section 2 - General Provisions. City Code Chapter 1,
General Provisions and Definitions Applicable to the Entire City
Code Including Penalty For Violation, and Section 2 . 99, Violation
a Misdemeanor, are hereby adopted in their entirety by reference,
as though repeated verbatim herein.
Section 3 - Effective Date. This ordinance becomes
effective from and after its passage and publication.
Passed in session of the City Council
of the City of Shakopee, Minnesota, held this day of
, 1996 .
Mayor of the City of Shakopee
Attest : City Clerk
Approved as to form: woiroLd PAMPIPT
City Attorney
Published in the Shakopee Valley News on the day of
, 1996 . '
[7MEMO2]
-2-
Subd. 3. Disclosure of Economic Interest. In the event any individual City Council
member, member of a board or commission, individual city official, or person acting as a
representative or appointee of the City shall have a conflict of interest, the individual shall
disclose such conflict to City Attorney prior to any action by the city on the matter(s)
which cause the possible conflict. The City Attorney shall, in turn, advise appropriate city
officials of the possible conflict and make a recommendation as to proper procedures to be
followed.
/10
MEMORANDUM
TO: Dennis R. Kraft, City Administrator
FROM: Judith S. Cox, City Clerk
SUBJECT: Exemption from Lawful Gambling License - Church
of St. Michael
DATE: December 29, 1995
INTRODUCTION:
The Church of St. Michael is requesting the City to waive its
30 day reviewal of their application for authorization for
exemption from lawful gambling license.
BACKGROUND:
I have been contacted by Mr. Dave Smokovitz from St. Michael's
Church in Prior Lake. The church is planning a banquet and dance
for February 3, 1996 at the Shakopee Ballroom and Banquet Center.
In conjunction with this event they are holding a raffle. Because
of the value of the prizes involved, they are in fact exempt from
obtaining a raffle license. Although they are exempt, they still
must apply to the Gambling Control Board for what is called an
exemption from lawful gambling license.
Whenever the Gambling Control Board considers any application
for gambling as well as an exemption from the license, the
municipality where the event will be held is given the opportunity
to advise the Board if they wish the activity to be prohibited. In
this case the City has 30 days to advise the Board of their
disapproval of the issuance of the license exemption and after that
30 days the Board will automatically issue the license exemption.
Because of the short time frame involved, Mr. Smokovitz has asked
if the City Council would waive the 30 day review period so that
the license exemption can be granted as soon as possible.
According to the Shakopee City Code, 75% of the proceeds from
gambling activities must be spent within the City's trade area.
Mr. Smokovitz advised me that the proceeds from this event will be
go to St. Michael's Church and school. St. Michael's Church is
located within the City's trade area so they are in compliance with
the requirements of the City Code.
Exemption From Lawful Gambling License
December 27, 1995
Page -2-
ALTERNATIVES:
1. Waive the 30 day review period. This will allow the
immediate issuance of the license exemption by the Gambling Control
Commission.
2. Do not waive the 30 day review period. This will delay
the issuance of the license exemption for 30 days.
3. Request the Gambling Control Board to prohibit the
activity. Staff is unaware of any reason upon which to base such a
request.
RECOMMENDATION:
Staff recommends alternative #1, waive the 30 day review
period.
RECOMMENDED ACTION:
Move to approve the raffle and waive the 30 day review period
for the Church of St. Michael's application for authorization for
an exemption from lawful gambling license for a raffle at the
Shakopee Ballroom and Banquet Center on February 3, 1996.
•
TO: Dennis R. Kraft, City Administrator 1.Zutt ..,
FROM: Gregg Voxland, Finance Director
SUBJ: Downtown Assessments
DATE: December 26, 1995
Introduction
The resolution amending the assessments for downtown
streetscape adopted on 12/5/95 had a minor numerical error
and omitted a word.
Background
Resolution No. 4364 adopted on 12/5/95 has a missing word
for the area assessment (as opposed to the total assessment)
and the amount for parcel 27-001188-0 was changed by $0 . 36
on the finalized assessment roll from a previous memo.
The assessment roll attached to Resolution No. 4364 is
correct, just the narrative in one of the paragraphs in the
resolution is not .
Resolution No. 4371 corrects the inconsistencies.
Action Requested
Offer Resolution No. 4371 A RESOLUTION AMENDING RESOLUTION
NO. 4364 FOR THE DOWNTOWN STREETSCAPE SPECIAL ASSESSMENTS,
and move its adoption.
Resolution No. 4371
A RESOLUTION AMENDING RESOLUTION NO. 4364 FOR THE DOWNTOWN STREETSCAPE
SPECIAL ASSESSMENTS
Whereas, Resolution No. 4342 adopted special assessments for the
downtown streetscape project 1993-12, and
Whereas, Resolution No. 4364 amended Resolution 4342 and rescinded
Resolution No. 4358, and
Whereas, Resolution No. 4364 has an inconsistency between the narrative
and the attached assessment roll.
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of
Shakopee, that Resolution No. 4364 is hereby amended such that the
assessment for parcel 27-001188-0 for the Downtown Streetscape Project
93-12 is hereby specifically set as identified in the assessment roll
attached to Resolution No. 4364.
Adopted in session of the City Council of the City of
Shakopee, Minnesota, held this day of January, 1996.
Mayor of the City of Shakopee
ATTEST: Approved as to form
City Clerk City Attorney
10MEMO ON TABLE
BOLD TEXT HAS BEEN ADDED
MEMO TO: Dennis R. Kraft, City Administrator I
FROM: David M.Nummer, Staff Engineer PO `'
SUBJECT: Millpond Treatment Basin,Project No. 1995-7
DATE: December 19, 1995
MEETING DATE: January 2, 1996
INTRODUCTION:
Attached is Resolution No. 4372, a resolution accepting bids on the Millpond Treatment Basin,
Project No. 1995-7.
BACKGROUND:
The Millpond Treatment Basin Project involves regarding and repairing the existing dikes and
outlet control structures in the Millpond area just north of Trunk Highway 101. Improvements to
this area include dredging sediment from the existing detention pond, repairing two washed out
dikes, and generally cleaning up the area. The Millpond area is the discharge point for the Upper
Valley Drainageway into the Minnesota River. The intent of this project is to reduce the
sediment and pollution loading which is being transported to the Minnesota River by stormwater.
The City of Shakopee has received a grant from the Metropolitan Council which is funding
$100,000.00 of the project costs. The entire project cost, including engineering and
administration costs, is estimated at$135,000.00.
On November 21, 1995, bids were publicly opened for this project. A total of eight bids were
received, ranging from $93,526.40 to $140,483.00. The engineer's estimate for this project is
$106,360.00. The low bid was received from Veit& Company, Inc. off Rogers Minnesota. Staff
has discussed the project with the contractor and feel that they are capable of constructing the
project in accordance with the plans and specifications.
h:\council\mem4372.mo
On November 21, 1995, staff recommended to the City Council that they wait to award the
contract for this project until such time as the necessary permits from the US. Army Corp of
Engineers, Minnesota Pollution Control Agency (MPCA), and Minnesota Department of Natural
Resources (DNR) could be obtained. Staff has been informed by each of these agencies that the
permits would be approved and that construction may begin.
The anticipated construction timeframe for this project runs from January to the end of February.
On past projects, staff has requested a contingency in the amount of 10% of the project
costs and that the City Council authorize the City Engineer to utilize these funds in the case
of change orders, a change in project quantities, or to cover additional work that was not
anticipated with the project design (example: lowering an existing utility line to
accommodate a new utility).
The alternative is to have staff bring each change order request to the City Council for
approval prior to having the work done. The draw back to this alternative is that
occasionally, a situation will arise that must be dealt with promptly and cannot wait until
the next City Council meeting for approval. An example would be if a ruptured sanitary
sewer line was discovered by the Contractor while replacing the adjacent watermain in an
area where no sanitary sewer replacement was planned. In this instance, the repair can be
made faster and more cost effectively while the Contractor has the line exposed, and
waiting for the next City Council meeting to authorize the repair could cause problems for
the properties using the sewer.
ALTERNATIVES:
1. Adopt Resolution No. 4372 and award the contract to Veit& Company, Inc.
2. Deny Resolution No. 4372.
3. Authorize a contingency in the amount of 10% of the project costs for use by the City
Engineer in approving change order requests.
4. Do not authorize a contingency amount.
5. Table for additional information from staff.
RECOMMENDATION:
Staff recommends Alternative No.'s 1 and 3.
h:\council\mem4372.mo
ACTION REQUESTED:
1. Offer Resolution No. 4372, A Resolution Accepting Bids on the Millpond Treatment Basin,
Project No. 1995-7 and move its adoption.
2. Authorize a contingency in the amount of 10% of the project costs for use by the City
Engineer in approving change order requests.
h:\council\mem4372.mo
/z _k)
MEMO TO: Dennis R. Kraft, City Administrator /
FROM: David M.Nummer, Staff Engineer p4N
SUBJECT: Millpond Treatment Basin, Project No. 1995-7
DATE: December 19, 1995
MEETING DATE: January 2, 1996
INTRODUCTION:
Attached is Resolution No. 4372, a resolution accepting bids on the Millpond Treatment Basin,
Project No. 1995-7.
BACKGROUND:
The Millpond Treatment Basin Project involves regrading and repairing the existing dikes and
outlet control structures in the Millpond area just north of Trunk Highway 101. Improvements to
this area include dredging sediment from the existing detention pond, repairing two washed out
dikes, and generally cleaning up the area. The Millpond area is the discharge point for the Upper
Valley Drainageway into the Minnesota River. The intent of this project is to reduce the
sediment and pollution loading which is being transported to the Minnesota River by stormwater.
The City of Shakopee has received a grant from the Metropolitan Council which is funding
$100,000.00 of the project costs. The entire project cost, including engineering and
administration costs, is estimated at$135,000.00.
On November 21, 1995, bids were publicly opened for this project. A total of eight bids were
received, ranging from $93,526.40 to $140,483.00. The engineer's estimate for this project is
$106,360.00. The low bid was received from Veit& Company, Inc. off Rogers Minnesota. Staff
has discussed the project with the contractor and feel that they are capable of constructing the
project in accordance with the plans and specifications.
On November 21, 1995, staff recommended to the City Council that they wait to award the
contract for this project until such time as the necessary permits from the US. Army Corp of
Engineers, Minnesota Pollution Control Agency (MPCA), and Minnesota Department of Natural
Resources (DNR) could be obtained. Staff has been informed by each of these agencies that the
permits would be approved and that construction may begin.
The anticipated construction timeframe for this project runs from January to the end of February.
h:\council\mem4372.mo
ALTERNATIVES:
1. Adopt Resolution No. 4372 and award the contract to Veit& Company, Inc.
2. Deny Resolution No. 4372.
3. Table for additional information from staff
RECOMMENDATION:
Staff recommends Alternative No. 1.
ACTION REQUESTED:
Offer Resolution No. 4372, A Resolution Accepting Bids on the Millpond Treatment Basin,
Project No. 1995-7 and move its adoption.
h:\council\mem4372.mo
t.
RESOLUTION NO. 4372
A Resolution Accepting Bids On
The Millpond Treatment Basin
Project No. 1995-7
WHEREAS, pursuant to an advertisement for bids for the Millpond Treatment Basin,
Project No. 1995-7, bids were received, opened and tabulated according to law, and the following
bids were received complying with the advertisement:
Veit&Company $ 93,526.40
J&K Grading $ 96,573.00
Minger Construction $100,864.26
M.J. Ryan $105,360.75
Ames Construction $113,788.50
Busse Construction $124,886.75
Enebak Construction $130,656.55
Ryan Contracting $140,483.00
AND WHEREAS, it appears that Veit & Company, Inc., 14000 Veit Place, Rogers, MN
55374 is the lowest responsible bidder.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SHAKOPEE,MINNESOTA:
1. The appropriate City officials are hereby authorized and directed to enter into a
contract with Veit & Company, Inc. in the name of the City of Shakopee for the Millpond Basin
Treatment Basin Project according to the plans and specifications therefore approved by the City
Council and on file in the office of the City Clerk.
2. The City Clerk is hereby authorized and directed to return forthwith to all bidders
the deposits made with their bids, except that the deposits of the successful bidder and the next
lowest bidder shall be retained until a contract has been signed.
Adopted in session of the City Council of the City of Shakopee,
Minnesota,held this day of , 1995.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form:
City Attorney
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BUDGET COMPARISON
Feasibility Percent of
CIP Budget Estimate Budget
Assessments $ 120,000.00 $ 248,063.29 207%
San. Sewer Fund $ 227,500.00 $ 122,260.89 54%
Storm Sewer Fund $ 70,000.00 $ - 0%
Tax Levy $ 360,000.00 $ 498,852.13 139%
SPUC $ 255,000.00 $ - 0%
Total (less SPUC) $ 777,500.00 $ 869,176.31 112%
ASSESSMENT SUMMARY
Street Assessment
Project Location Assessment Rate
Shakopee Avenue $ 47,497.38 $ 23.85 per front foot
7th Avenue $ 47,878.46 $ 28.40 per front foot
5th Avenue $ 50,478.25 $ 22.59 per front foot
Fillmore Street $ 7,968.42 $ 796.84 per lot
Naumkeag Street $ 12,461.28 $ 692.29 per lot
Sidewalk Assessment
Project Location Assessment Rate
Fillmore Street $ 7,474.50 $ 17.55 per front foot
Naumkeag Street $ 6,063.75 $ 14.23 per front foot
1
' FEASIBILITY REPORT
FOR
' 1996 STREET RECONSTRUCTION PROGRAM
WHICH INCLUDES IMPROVEMENTS TO:
' FILLMORE STREET
NAUMKEAG STREET
5TH AVENUE
7TH AVENUE
SHAKOPEE AVENUE
IN
SECTION 5 AND 6, RANGES 22 AND 23, TOWNSHIP 115
SHAKOPEE
SCOTT COUNTY, MINNESOTA
I hereby certify that this plan, specification, or report was prepared by
' me or under my direct supervision and that I am a duly registered
Professional Engineer under the laws of the State of Minnesota.
4110r •
Date /01/9C Registration No. 17590.
DECEMBER 1995
1
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I
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I
I
CONTENTS
FOR THE 1996 RECONSTRUCTION PROGRAM
SHAKOPEE, MINNESOTA
I
Description Page No.
Introduction 1
IScope 1
Background 1 -2
Proposed Improvements 2 -3
Cost Estimate 4
Funding& Special Assessments 4- 5
Conclusions 6
Project Financing Summary 7
I
Appendix
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INTRODUCTION <
1
I
On Ocotber 17, 1995, the City Council of Shakopee adopted Resolution No. 4314 which
ordered the preparation of feasibility reports for improvements to various streets as listed
below:
I • Fillmore Street- 1st Avenue to 2nd Avenue
I
• Naumkeag Street- 1st Avenue to 2nd Avenue
• 5th Avenue- Fuller Street to Spencer Street
1 • 7th Avenue- Fuller Street to Spencer Street
I • Shakopee Avenue - Holmes Street to Main Street
I SCOPE
I
This report evaluates the feasibility of reconstructing these streets. All existing
infrastructure elements (streets, utilities, etc.) were evaluated, improvements
recommended, cost estimates of the proposed improvements prepared and funding
Istrategies developed by this report.
I BACKGROUND
1 These streets are some of the oldest in the City of Shakopee. The streets and utilities
were constructed in the 1940's and 1950's. Improvements to the streets have since been
1 limited to street patching and seal coating.
These streets are in similar condition as other streets which have been reconstructed
1 recently (See street reconstruction map in the Appendix).
I The existing pavements are extremely deteriorated to the point where they require far
more than normal maintenance. There are many transverse and longitudinal cracks, large
areas of patching, severe crown problems and curb and gutter deficiencies. These streets
I
generate numerous citizen complaints on an annual basis and have been on the 5-Year
Capital Improvement Plan for several years.
I
1
I
I
I
Where sanitary sewer exists it consists of old, deteriorated clay pipe with offsite joints
and many service connection deficiencies.
Where watermain exists it is the original cast iron pipe.
IExisting storm sewer in most cases was concrete pipe which was either installed in 1980
or later or was determined to be in good condition upon investigation and did not warrant
replacement at this time.
IThe existing zoning of all abutting properties perties is shown on the zoning map in the
I
Appendix.
I PROPOSED IMPROVEMENTS
ill
A. Roadway
The existing pcurb on those streets with is44
feet wide. Width varies
III on those streets with no curb. It is proposed to reconstruct all of the streets to a
pavement width of 44 feet.
I The block of 5th Avenue from Fuller Street to Holmes Street is included in this
feasibility report for reconstruction and has also been included in the proposed
Scott County Courthouse expansion project. Discussions between the County and
I City are on going to determine whether to reconstruct this street at this time or
not.
IB. Sidewalks
Several areas have existing sidewalks.
IThis report recommends replacing any existing sidewalks. New sidewalks would
I be installed on streets adjacent to commercial properties on Naumkeag Street and
Fillmore Street, as per City Policy.
I
C. Sanitary Sewers
The existing sanitary sewer lines are 8 inch clay pipe except for 12 inch clay pipe
I on Naumkeag Street. Fillmore Street has no sewer and is served from 1st Avenue
and 2nd Avenue. Shakopee Avenue, between Holmes Street and Lewis Street has
no sewer but properties are served from Holmes Street and Lewis Street's sewer.
INew sanitary sewer is being proposed on 7th Avenue from Holmes Street to
Sommerville Street to remove long service lines to those properties.
I
I2
It is recommended that all sewers within the project limits be replaced with PVC
pipe. Additional stubs may be needed in intersecting streets in anticipation of
future sewer projects. ``
Any service connections that are defective would be replaced from the main line
to the property line. It would be the individual property owner's responsibility to
replace the service line from the property line to the house. All service line
replacement would be assessed to the benefiting property. It has been generally
' the City's Policy to replace the service line unless the service has been replaced
recently with current standard pipe material.
Any manholes that are not built to current standards would be reconstructed as
part of this project.
' D. Watermain
' Discussions are currently being held with Shakopee Public Utilities Commission
(SPUC) to determine the scope of watermain work that would be done as part of
this project. The final plans will incorporate any watermain replacement work as
requested by SPUC. Due to the age of the existing watermain, this report
recommends to SPUC that the watermain be replaced as part of the project.
No cost estimates were prepared for the watermain portion of this project, since
the actual scope of work has not been determined by SPUC. Since it is generally
' SPUC's policy to not assess watermain replacement, any watermain work which
is requested by SPUC should not affect assessments.
E. Storm Sewers
New catch basins will be needed in order to improve the street drainage.
Minor storm sewer replacement is necessary in order to reconstruct the street.
Cost of storm sewer line replacement and new catch basins in order to reconstruct
' the street will be merged with the street items and assessed at 25%.
1
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COST ESTIMATE
A detailed cost estimate can be found in the Appendix. The following costs were
prepared based upon an Engineer's Estimate and are subject to change, depending on the
final design of the project, bids received, and actual work performed. A summary of the
estimated costs, assessments, sanitary sewer fund and tax levy for the project are as
' follows:
ITOTAL SAN.SEWER TAX
PROJECT COST ASSESSMENT FUND LEVY
Fillmore St. $ 39,348.93 $ 15,442.92 $ -0- $ 23,906.01
' Naumkeag St. $ 69,291.76 $ 20,587.53 $ 11,320.38 $ 37,383.85
5th Ave. $266,825.36 $ 72,478.25 $ 42,912.38 $151,434.73
7th Ave. $240,509.23 $ 67,857.21 $ 29,016.63 $143,635.39
' Shakopee Ave. $251201.03 $ 71.697.38 $ 39,011.50 $142.492.15
' TOTALS $869,176.31 $248,063.29 $122,260.89 $498,852.13
' FUNDING SOURCES & SPECIAL ASSESSMENTS
Street Portion
It is proposed to special assess 25% of the street reconstruction costs to those
properties abutting the project limits either based on front footage or based per
lot.. A complete assessment roll and assessment calculations for each street can
be found in the Appendix. The remaining 75% of the street costs will be funded
by the City through general tax levy.
Sidewalks
New sidewalk would be assessed 100% per City Policy. Replacement sidewalks
' adjacent to local streets will be considered part of the street reconstruction and
therefore be assessed 25% to those properties abutting the project limits and will
be included in street assessments.
' 4
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Sanitary Sewer& Water Service Lines
I .
Any water or sewer service connections that are found to be deficient and replaced
will be assessed directly back to the benefited property. The sewer and water
Iservices are estimated to cost approximately $1,100.00 per lot. A separate
sanitary sewer assessment roll covering any main line or service line assessments
will be presented at the public hearing.
I
Storm Sewers
IAll costs of the limited storm sewer improvements have been merged with street
improvement costs, since the installation of new catch basins and storm sewer
I
leads are connected with the new street.
Watermain
IWatermain reconstruction is uncertain at this time. Anyproposed watermain
p p
improvements would be funded by Shakopee Public Utilities Commission.
I
Sanitary Sewer
IThe majority of mainline sanitary sewer improvements would be funded by the
Sanitary Sewer Enterprise Fund. Any streets that receive new sanitary sewers
I would receive a 50% mainline sanitary sewer assessment if the properties are
currently served by City sewer.
FUNDING COST BREAKDOWN
I
IFUNDING SOURCE TOTAL COST
Sanitary Sewer Enterprise $122,260.89
IShakopee Public Utilities Commission UNKNOWN
Assessments
Street $166,283.79
IService Connections $ 62,562.50
Sidewalks $ 13,538.25
Sanitary Sewer Main $ 5,678.75
I Tax Levy $498,852.13
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CONCLUSIONS
All streets included in this report are extremely deteriorated and in need of reconstruction.
The pavement is beyond any further preservation and requires higher than normal
maintenance costs.
The sanitary sewers and watermains are the original systems and should be replaced.
Property owners would be assessed for 25%of the street costs. This report concludes that
the reconstruction of all streets is feasible and recommends the improvements as stated in
this report.
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APPENDIX
Prior Street Reconstruction
ExistingZoning
n g
Existing Sanitary Sewer
Existing Storm Sewer
Existing Watermain
Assessment Areas
Fillmore Street- 1st Ave. to 2nd Ave.
Cost Estimate
' Assessment Roll
Naumkeag Street- 1st Ave. to 2nd Ave.
Cost Estimate
Assessment Roll
5th Avenue -Fuller St. to Spencer St.
Cost Estimate
Assessment Roll
7th Avenue- Fuller St. to Spencer St.
Cost Estimate
Assessment Roll
' Shakopee Avenue- Holmes St. to Main St.
Cost Estimate
Assessment Roll
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PRELIMINARY COST ESTIMATE
I FILLMORE STREET - 1ST AVENUE TO 2ND AVENUE
_._ �� �� _ >aBs�.F Ja 4.�sA `T4— u...STI
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ITE CONTRACT ,� - 'WIDE RO D�A
ROADWAY
I1 Clearing EA. 1 $ 175.00 $ 175.00
2 Grubbing EA. 1 $ 175.00 $ 175.00
•
3 Remove Curb & Gutter L.F. 200 $ 1.80 $ 360.00
I
4 Remove Sidewalk S.F. 1500 $ 0.40 $ 600.00
1 5 Remove Pavement S.Y. 1229 $ 1.00 $ 1,229.00
L.F. 120 $ 2.50 $ 300.00
I
6 Sawing Bituminous
7 Sawing Concrete L.F. 20 $ 4.50 $ 90.00
I
8 Common Excavation P C.Y. 477 $ 4.50 $ 2,146.50
I9 Agg. Base Class 5TON 677 $ 6.50 $ 4,400.50
(100% Crushed - 811)
Il10 2331 Base Course TON 150 $ 23.00 $ 3,450.00
(2")
11 2341 Wearing Course TON 110 $ 24.50 $ 2,695.00
(1 1/2" Modified)
I12 2341 Bit. Mixture for TON 8 $ 50.00 $ 400.00
Patching (2 1/2")
I
13 Concrete Curb & Gutter L.F. 560 6.00 3,360.00
I
Design B-618
14 4" Concrete Walk S.F. 3020 $ 1.80 $ 5,436.00
1 15 6" Concrete Driveway S.F. 132 $ 2.70 $ 356.40
Pavement
I
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PRELIMINARY COST ESTIMATE
IFILLMORE STREET - 1ST AVENUE TO 2ND AVENUE
s i x "*�"�' `1T-9, .--‘,. .,,v: Y % as
i` 4 : QUANTITY < e TO ALS 4
ITE coNTRACT I ` iWwID ��UNfr . 44',=wIDE� , � A
1. RPADWAYS v PRIG. -i } _ROAM* .. ',,
16 8" Concrete Driveway S.F. 264 $ 3.50 $ 924.00
IPavement
17 Sodding (w/4" Topsoil) S.Y. 608 $ 2.50 $ 1,520.00
I
18 Relocate Exist. Tree EA. 2
$ 200.00 $ 400.00
IMax. (6") Diameter
19 Furnish & Plant Shade EA. 1 $ 300.00 $ 300.00
I Trees, Green Ash (Frax.
Pennsylvania)Marshall
Seedless 2" Diameter
I20 Furnish & Plant Shade EA. 1 $ 300.00 $ 300.00
Trees Sugar Maple
g
I (Acer Saccharum)
2" Diameter
ITotal Roadway/Sidewalk Cost $ 28,617.40
Roadway Cost $ 23,181.40
I Plus 10% Contingency $ 2,318.14
Subtotal $ 25,499.54
Plus 25% Engr./Admin. Fees $ 6,374.89
I
TOTAL EST. ROADWAY COSTS $ 31 874.43
IAMOUNT TO BE USED FOR ASSESSMENT CALCULATIONS =
25% x $31,874.43 = $7,968.42
ISidewalk Cost $ 5,436.00
Plus 10% Contingency $ 543.60
I
Subtotal $ 5,979.60
Plus 25% Engr./Admin. Fees $ 1,494.90
1 TOTAL EST. SIDEWALK COSTS $ 7,474.50
AMOUNT TO BE USED FOR ASSESSMENT CALCULATIONS =
1 100% X$7,474.50 = $7,474.50
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I
PRELIMINARY COST ESTIMATE
INAUMKEAG STREET - 1ST AVENUE TO 2ND AVENUE
F»rx 'FvsFs Or
TE COQsG � - A a` r:.-ii-hW' a ® ffi
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Ni S11 :17;- ' - - E % . 1 c -k (C ®
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' ROADWAY/STORM SEWER
AND SIDEWALK
I
1 Remove Pipe Culvert L.F. 74 $ 8.00 $ 592.00
2 Remove Curb & Gutter L.F. 60 $ 1.80 $ 108.00
I
3 Remove Pavement S.Y. _ 1502 $ 1.00 $ 1,502.00
III4 Remove Catch Basin EA. 1 $ 300.00 $ 300.00
5 Remove Storm Manhole EA. 3 $ 300.00 $ 900.00
I
6 Sawing Bituminous L.F. 326 $ 2.50 $ 815.00
1 7 Sawing Concrete L.F. 10 $ 4.50 $ 45.00
I8 Common Excavation P C.Y. 560 $ 4.50 $ 2,520.00
9 Agg. Base Class 5 TON 746 $ 6.50 $ 4,849.00
1 (100% Crushed - 8")
10 2331 Base Course TON 162 $ 23.00 $ 3,726.00
I (2")
11 2341 Wearing Course TON 122 $ 24.50 $ 2,989.00
(1 1/2" Modified)
I 12 2341 Bit. Mixture for TON 94 $ 50.00 $ 4,700.00
Patching (2 1/2")
I 13 Concrete Curb & Gutter L.F. 580 $ 6.00 $ 3,480.00
Design B-618
I14 4" Concrete Walk S.F. 2450 $ 1.80 $ 4,410.00
I 15 8" Concrete Driveway S.F. 550 $ 3.50 $ 1,925.00
Pavement.>
I
I
I
PRELIMINARY COST ESTIMATE
INAUMKEAG STREET - 1ST AVENUE TO 2ND AVENUE
I ,,,,,;.,, :4 It::1 ,,, -;:•,,,,,,,*74.t.,713, -',:--:17,Intirtf.Z',.,7:,-:,,-7 77.11:0- sl:CtU•tkrri ':„, :,t::,11'g:M;47:Fr:Wn_
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.'-.',..1,.,,,'::*'', .!••1-7,..: ;70-:-.;,-,,j:': ,Ati-2mtniw_:::,,i:- '7,7:11,44., ,,T, ,-,-..: ..., ;: :
14.4,;;;*.4- titivG:z;'--,;;:: '4-:, ;-rn-f----',--4-tZi-i';:ii=74,.7 ulqrr;„, ,f,t 7 ROADWAY!' i,,i,,,I,s,,,e.Ric ;:iT.,i-,-,,,-:, 7::::.T:,..,ROADvit''
I16 Sodding w/4" Topsoil S.Y. 152 $ 2.50 $ 380.00
I 17 Furnish & Plant Shade
EA. 2 $ 300.00 $ 600.00
Trees, Green Ash (Frax.
Pennsylvania)Marshall
ISeedless 2" Diameter
I 18 Furnish & Plant Shade
Trees Sugar Maple EA. 2 $ 300.00 $ 600.00
(Acer Saccharum)
I2" Diameter
19 Adjust Frame Ring EA. 1 $ 150.00 $ 150.00
I & Castings
I20 12" RCP Storm Sewer L.F. 44 $ 24.00 $ 1,056.00
21 15" RCP Storm Sewer L.F. 24 $ 25.00 $ 600.00
22 18" RCP Storm Sewer L.F. 6 $ 26.00 $ 156.00
23 48" Catch Basin EA. 1 $ 1,100.00 $ 1,100.00
24 48" Storm Manhole EA. 3 $ 1,100.00 $ 3,300.00
I25 Connect to Exist. Storm Sewer EA. 3 $ 150.00 $ 450.00
Total Roadway/Storm Sewer $ 40,661.00
and Sidewalk Cost
IRoadway and Storm Sewer Cost $ 36,251.00
Plus 10% Contingency $ 3,625.10
I Subtotal
$ 39,876.10
Plus 25% Engr./Admin. Fees
$ 9,969.03
ITOTAL EST. ROADWAYCOSTS $ 49,845.13
AMOUNT TO BE USED FOR ASSESSMENT CALCULATIONS =
1 25% X $49,845.12 = $12,461.28
I
I
PRELIMINARY COST ESTIMATE
NAUMKEAG STREET - 1ST AVENUE TO 2ND AVENUE
1 Sidewalk Cost $' 4,410.00
Plus 10% Contingency $ 441.00
Subtotal $ 4,851.00
Plus 25% Engr./Admin. Fees $ 1,212.75
TOTAL EST. SIDEWALK COSTS $ 6,063.75
AMOUNT TO BE USED FOR ASSESSMENT CALCULATIONS =
100% X$6,063.75 = $6,063.75
I
I
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1
1
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1
1
I
1
1
1
1
1
1
1
1
1
1
1
1
1
I
PRELIMINARY COST ESTIMATE
INAUMKEAG STREET - 1ST AVENUE TO 2ND AVENUE
I . ` m ff ��. QUANTITY , 'TOTAL 4°
ATE •ZTRAC
�.. Y R0• DWAY14'13S OAQWA
I SANITARY SEWER
Connect to Remaining Sewer EA. 2 $ 400.00 $ 800.00
Ii
2 Sanitary Manhole 0'-8' Depth EA. 1 $ 1,300.00 $ 1,300.00
I3 Manhole in Excess of 8' Depth L.F. 4 $ 75.00 $ 300.00
I4 12" PVC Sanitary Sewer L.F. 307 $ 19.00 $ 5,833.00
5 4" PVC Sanitary Sewer L.F. 80 $ 15.00 $ 1,200.00
1 6 12 x 4 Service Wye EA. 2 $ 100.00 $ 200.00
I7 Conn. To Exist. Sewer Service EA. 1 $ 100.00 $ 100.00
ISanitary Sewer Cost $ 9,733.00
Plus 10% Contingency $ 973.30
I Subtotal $ 10,706.30
Plus 25% Engr./Admin. Fees $ 2,676.58
ITOTAL EST. SAN.SEWER COSTS $ 13,382.88
I AMOUNT TO BE USED FOR ASSESSMENT CALCULATIONS =
100% x$2,062.50 = $2,062.50
I
Sanitary Sewer Service Cost $ 1,500.00
IPlus 10% Contingency $ 150.00
Subtotal $ 1,650.00
IPlus 25% Engr./Admin. Fees $ 412.50
TOTAL EST. SAN. $ 2,062.50
ISEWER SERVICE COSTS
I
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I PRELIMINARY COST ESTIMATE
5TH AVENUE - FULLER STREET TO SPENCER STREET
IQuAN`� � �
TI ' -3 TOT LSA 4
LTE CON O T � 'WID ..7-:,,,„=1:"....,,,,,,,,,UNIT44"WID
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ROADWAY
I1 Clearing EA. 2 $ 175.00 350.00
I2 Grubbing EA. 2 $ 175.00 $ 350.00
I
3 Remove Curb & Gutter L.F. 2336 $ 1.80 $ 4,204.80
4 Remove Sidewalk S.F. 14665 $ 0.40 $ 5,866.00
I5 Remove Pavement S.Y. 7310 $ 1.00 $ 7,310.00
S.F. 1116 $ 0.80 $ 892.80
I
6 Remove Conc. Driveway
7 Sawing Bituminous L.F. 217 $ 2.50 $ 542.50
I 8 SawingConcrete L.F. 230
$ 4.50 $ 1,035.00
I9 Common Excavation P C.Y. 2493 $ 4.50 $ 11,218.50
10 Subgrade Excavation C.Y. 50 $ 6.50 $ 325.00
I
11 Agg. Base Class 5 TON 3387 $ 6.50 $ 22,015.50
I (100% Crushed - 8")
12 2331 Base Course TON 797 $ 23.00 $ 18,331.00
I (2")
13 2341 Wearing Course TON 597 $ 24.50 $ 14,626.50
I (1 1/2" Modified)
I
14 2341 Bit. Mixture for TON 26 $ 50.00 $ 1,300.00
Patching (2 1/2")
15 Concrete Curb Gutter L.F. 2848 $ 6.00 $ 17,088.00
I Design B-618
16 4" Concrete Walk S.F. 14665 $ 1.80 $ 26,397.00
I
1
1
1
1
1
1
1
1
1
1
1
I
PRELIMINARY COST ESTIMATE
5TH AVENUE - FULLER STREET TO SPENCER STREET
i QUA TI M3 t TLS' ,
11EV WY '.',1.:44-174,4, UI� 44'WID :-s _ Y t rte. �`\ 11Y19,, ,, �n.,,;..
I It NOS..., 1TEM -z,:-.,,,,,,-,. .._ .„.: . ::UNITS ROADWAY. ...PRICE....
. .s� ._� _ _. eR_OAi�W�1Y� �. �.:
17 6" Concrete Driveway S.F. 1116 $ 2.70 $ 3,013.20
IPavement
18 8" Concrete Driveway S.F. 220 $ 3.50 $ 770.00
IPavement
19 Sodding w/4" Topsoil S.Y. 2954 $ 2.50 $ 7,385.00
I
20 Relocate Exist. Tree EA. 2 $ 300.00 $ 600.00
I
Max. (6") Diameter
21 Furnish & Plant Shade EA. 2 $ 300.00 $ 600.00
I Trees, Green Ash (Frax.
Pennsylvania)Marshall
Seedless 2" Diameter
I22 Furnish & Plant Shade EA. 2 $ 300.00 $ 600.00
Trees Sugar Maple
I
(Acer Saccharum)
2" Diameter
I23 Concrete Steps S.F. 50 $ 7.50 $ 375.00
I 24 Adjust Frame Ring EA. 11 $ 150.00 $ 1,650.00
& Castings
IRoadway Cost $ 146,845.80
Plus 10% Contingency $ 14,684.58
Subtotal $ 161,530.38
IPlus 25% Engr./Admin. Fees $ 40,382.60
ITOTAL EST. ROADWAY COSTS $ 201,912.98
AMOUNT TO BE USED FOR ASSESSMENT CALCULATIONS =
I25% x$201,912.98 = $50,478.25
I
PRELIMINARY COST ESTIMATE
ISTH AVENUE - FULLER STREET TO SPENCER STREET
1 i ��, � � z QUANTITY � �, >� TOTALS 3
M* k x ZI A . .� '4:':'''''''' '?' '' - ,.im'',11 u t a ''vim . '
ITEM'` CONTRACTS i� . 4a 44 WIDE 4 g4, UNITS 44'W DE '
I YtNO` ITEM �`. ,-:a .. l ' . 4 UNITS.r ROADWAY ; Zt ..,PRICE -r.. kbAbWASitia
SANITARY SEWER
I
1 Remove San. Sewer Manhole EA. 4 $ 300.00 $ 1,200.00
2 Connect to Remaining Sewer EA. 5 $ 400.00 $ 2,000.00
I 3 SanitaryManhole 0'-8' Depth EA. 4
$ 1,300.00 $ 5,200.00
1 4 Manhole in Excess of 8' Depth L.F. 10 $ 75.00 $ 750.00
111 5 8" PVC Sanitary Sewer L.F. 1161 $ 19.00 $ 22,059.00
6 4" PVC Sanitary Sewer L.F. 800 $ 15.00 $ 12,000.00
I7 8 x 4 Service Wye EA. 20 $ 100.00 $ 2,000.00
I
8 Conn. To Exist. Sewer Service EA. 20 $ 100.00 $ 2,000.00
ISanitary Sewer Cost $ 47,209.00
Plus 10% Contingency $ 4,720.90
I Subtotal $ 51,929.90
Plus 25% Engr./Admin. Fees $ 12,982.48
ITOTAL EST. SAN.SEWER COSTS $ 64,912:38
AMOUNT TO BE USED FOR ASSESSMENT CALCULATIONS =
I100% x$22,000.00 = $22,000.00
20 Services on 5th Ave. - Estimated Assessment Per Lot = $22,000.00/20 or$1,100.00 Per Lot
I
Sanitary Sewer Service Cost $ 16,000.00
IPlus 10% Contingency $ 1,600.00
Subtotal $ 17,600.00
IPlus 25% Engr./Admin. Fees $ 4,400.00
TOTAL EST. SAN.SEWER COSTS $ 22,000.00
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I
PRELIMINARY COST ESTIMATE
7TH AVENUE - FULLER STREET TO SPENCER STREET
`�� 411 ), : TOTALS i att ,
ONTRACT: : WIDE `UNI IDES
Iz ...,0' tigrA . :, i , tkaAp NA rPRIC OADWAY
ROADWAY
I1 Clearing EA. 6 $ 175.00 $ 1,050.00
I2 Grubbing EA. 6 $ 175.00 $ 1,050.00
3 Remove Curb & Gutter L.F. 2848 $ 1.80 $ 5,126.40
I
4 Remove Sidewalk S.F. 9067 $ 0.40 $ 3,626.80
I5 -Remove Pavement S.Y. 6954 $ 1.00 $ 6,954.00
I6 Remove Conc. Driveway S.F. 2486 $ 0.80 $ 1,988.80
7 Sawing Bituminous L.F. 577 $ 2.50 $ 1,442.50
I
8 Sawing Concrete L.F. 260 $ 4.50 $ 1,170.00
1 9 Common Excavation P C.Y. 2439 $ 4.50 $ 10,975.50
I10 Subgrade Excavation C.Y. 50 $ 6.50 $ 325.00
11 Agg. Base Class 5 TON 3342 $ 6.50 $ 21,723.00
I (100% Crushed - 8")
12 2331 Base Course TON 797 $ 23.00 $ 18,331.00
I (2")
13 2341 Wearing Course TON 597 $ 24.50 $ 14,626.50
I (1 1/2" Modified)
14 2341 Bit. Mixture for TON 7 $ 50.00 $ 350.00
IPatching (2 1/2")
15 Concrete Curb & Gutter L.F. 2848 $ 6.00 $ 17,088.00
Design B-618
16 4" Concrete Walk S.F. 9067 $ 1.80 $ 16,320.60
I
I
1 PRELIMINARY COST ESTIMATE
7TH AVENUE - FULLER STREET TO SPENCER STREET
w ; QUANTITY, MIS
To ALWID<-
x ROAO.. II
17 6" Concrete Driveway S.F. 2486 $ 2.70 $ 6,712.20
IPavement
18 Sodding w/4" Topsoil S.Y. 2969 $ 2.50 $ 7,422.50
I
19 Relocate Exist. Tree EA. 2 $ 300.00 $ 600.00
Max. (6") Diameter
I
20 Furnish & Plant Shade EA. 4 $ 300.00 $ 1,200.00
I Trees, Green Ash (Frax.
Pennsylvania)Marshall
Seedless 2" Diameter
I21 Furnish & Plant Shade EA. 4 $ 300.00
$ 1,200.00
Trees Sugar Maple
I (Acer Saccharum) '
2" Diameter
I
Roadway Cost $ 139,282.80
Plus 10% Contingency $ 13,928.28
I Subtotal $ 153,211.08
Plus 25% Engr./Admin. Fees $ 38,302.77
ITOTAL EST. ROADWAY COSTS $ 191,513.85
IAMOUNT TO BE USED FOR ASSESSMENT CALCULATIONS =
25% x $191,513.85 = $47,878.46
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PRELIMINARY COST ESTIMATE
1 7TH AVENUE — FULLER STREET TO SPENCER STREET
I �y a a a5 QUA NIS § OTALS
COMTRAC, 44 iDE 41fUM 44'WID
a
Nva '.Lig. .._ ,',-1 SUN, ROADWAY PRIG- ROADWA
1
SANITARY SEWER
1 1 Remove San. Sewer Manhole EA. 2 $ 300.00 $ 600.00
2 Connect to Remaining Sewer EA. 6 $ 400.00 $ 2,400.00
I 3 Sanitary0'-8' Depth
Manhole EA. 4 $ 1,300.00 $ 5,200.00
1 4 Manhole in Excess of 8' Depth L.F. 10 $ 75.00 $ 750.00
I5 8" PVC Sanitary Sewer L.F. 857 $ 19.00 $ 16,283.00
6 4" PVC Sanitary Sewer L.F. 520 $ 15.00 $ 7,800.00
I7 8 x 4 Service Wye EA. 13 $ 100.00
$ 1,300.00
I8 Conn. To Exist. Sewer Service EA. 13 $ 100.00 $ 1,300.00
ISanitary Sewer Cost $ 35,633.00
Plus 10% Contingency $ 3,563.30
Subtotal $ 39,196.30
I Plus 25% Engr./Admin. Fees $ 9,799.08
I
TOTAL EST. SAN.SEWER COSTS $ 48,995.38
AMOUNT TO BE USED FOR ASSESSMENT CALCULATIONS =
1 100% of Sanitary Sewer Service Cost
Sanitary Sewer Service Cost $ 10,400.00
I Plus 10% Contingency $ 1,040.00
Subtotal $ 11,440.00
Plus 25% Engr./Admin. Fees $ 2,860.00
TOTAL EST. SAN.SEWER $ 14,300.00
1 SERVICE COSTS
13 Services on 7th Ave. - Estimated Assessment Per Lot = $1,100.00.
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PRELIMINARY COST ESTIMATE
7TH AVENUE - FULLER STREET TO SPENCER STREET
1 New Sanitary Sewer Main Adjacent toProperty
New San. Sewer Main Cost $ 8,260.00
Plus 10% Contingency $ 826.00
Subtotal $ 9,086.00
' Plus 25% Engr./Admin. Fees $ 2,271.50
TOTAL EST. SAN.SEWER $ 11,357.50
MAIN COSTS
Assessed Amount per City Policy is 50%to Benefitting Properties and will be Assessed on a
Per Lot Basis.
Assess 50% of$11,375.50
Assessed Amount = $5,678.75
Four Lots on 7th Avenue Benefit from New Sanitary Sewer Main
Estimated Assessment Per Lot = $1,419.69
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PRELIMINARY COST ESTIMATE
ISHAKOPEE AVENUE - HOLMES ST. TO MAIN ST.
',4:::.;,:.;; ;0?,-,,? ,L,4-14 " k: t
*A QUA TTY 3 .TOTALS'r '-'1.=
ITE CONTRACT ���1 � �� ''W1DE��� ,UNIT'.• 44'WIDE � '�
I
7 7 Nf),, ITEMS" x, •: Oar UNIT', WAWA* ,PRIC „ ROADWAY
ROADWAY/STORM SEWER
I1 Clearing EA. 3 $ 175.00
$ 525.00
2 Grubbing EA. 3 $ 175.00 $ 525.00
1
3 Remove Pipe Culvert L.F. 74 $ 8.00 $ 592.00
4 Remove Curb & Gutter L.F. 2868 $ 1.80 $ 5,162.40
I5 Remove Sidewalk S.F. 484 $ 0.40 $ 193.60
6 Remove Pavement S.Y. 7309 $ 1.00 $ 7,309.00
7 Remove Conc. Driveway S.F. 1980 $ 0.80 $ 1,584.00
I 8 Remove Catch Basin EA. 3
$ 300.00 $ 900.00
1 9 Remove Storm Manhole EA. 2 $ 300.00 $ 600.00
I10 Sawing Bituminous L.F. 457 $ 2.50 $ 1,142.50
11 Sawing Concrete L.F. 205 $ 4.50 $ 922.50
1 12 Common Excavation P C.Y. 2638 $ 4.50 $ 11,871.00
13 Subgrade Excavation C.Y. 50 $ 6.50 $ 325.00
14 Agg. Base Class 5 TON 3504 $ 6.50 $ 22,776.00
I (100% Crushed - 8")
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15 2331 Base Course TON 815 $ 23.00 $ 18,745.00
(2")
I 16 2341 Wearing Course TON 603 $ 24.50 $ 14,773.50
(1 1/2" Modified)
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PRELIMINARY COST ESTIMATE
I SHAKOPEE AVENUE - HOLMES ST. TO MAIN ST.
I ' 1 k QUANTITY 1- TOTALS
ITEM CONTRACT` � t � ���`" ��•wq.
��`��" '�'�, '`�`�
���t 44'WIDE i M u' -._.SP,' ' 1TEM E , w. ,, ., § ..4 ... !,,.. NI7 ROADWA .RO.ADWAY, ° ,
17 2341 Bit. Mixture for TON 14 $ 50.00 $ 700.00
IPatching
18 Concrete Curb & Gutter L.F. 2868 $ 6.00 $ 17,208.00
Design B-618
I 19 4" Concrete Walk
S.F. 484 $ 1.80 $ 871.20
I20 6" Concrete Driveway S.F. 1980 $ 2.70 $ 5,346.00
Pavement
I21 Sodding w/4" Topsoil S.Y. 2977 $ 2.50 $ 7,442.50
I 22 Relocate Exist. Tree EA. $ 1.00 $ 300.00
Max. (6") Diameter
23 Furnish & Plant Shade EA. 4 $ 300.00 $ 1,200.00
Trees, Green Ash (Frax.
I
Pennsylvania)Marshall
Seedless 2" Diameter
I 24 Furnish & Plant Shade EA. 4 $ 300.00 $ 1,200.00
Trees Sugar Maple
(Acer Saccharum)
2" Diameter
25 Adjust Frame Ring EA. 2 $ 150.00 $ 300.00
I & Castings
26 12" RCP Storm Sewer L.F. 132 $ 24.00 $ 3,168.00
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27 15" RCP Storm Sewer L.F. 60 $ 25.00 $ 1,500.00
28 18" RCP Storm Sewer L.F. 6 $ 26.00 $ 156.00
29 24" RCP Storm Sewer L.F. 18 $ 27.00 $ 486.00
30 48" Catch Basin EA. 7 $ 1,100.00 $ 7,700.00
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PRELIMINARY COST ESTIMATE
SHAKOPEE AVENUE - HOLMES ST. TO MAIN ST.
MUIQT LSTITEMS CO C44 WIDE DEQz stion '-
NO r.;, ITEM, .,' UNIT x.; ROADWAY.;_ 3: ROADWAY
.�.PRICE�:
31 48" Storm Manhole EA. 2 $ 1,100.00 $ 2,200.00
32 Connect to Exist. Storm Sewer EA. 3 $ 150.00 $ 450.00
Roadway Cost $ 138,174.20
Plus 10% Contingency $ 13,817.42
Subtotal $ 151,991.62
Plus 25% Engr./Admin. Fees $ 37,997.91
' TOTAL EST. ROADWAY COSTS $ 189,989.53
' AMOUNT TO BE USED FOR ASSESSMENT CALCULATIONS =
25% x $189,989.53 = $47,497.38
1
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PRELIMINARY COST ESTIMATE
ISHAKOPEE AVENUE — HOLMES ST. TO MAIN ST.
I ax - S` s' v'w Y ,N 2 ",�'' 3 6 '4 ` d
�,� �� 'fit .-Ifi ley Qf1ANTl s ,TO ALS ,, „V
ITEM ICONtott v V , 44'WIDEVI ,'3,'''''t',---4„V,
',---4„ UNITS 44'WIDE;
..__ 1T4M ., .. ' 4 ,.,..�: #* , 1, ...,,UNIT ROADWAYS P ICE .. ROADWAY -,7n;,—`5:':::-.-,:„-'-
SANITARY SEWER
1 Remove San. Sewer Manhole EA. 2 $ 300.00 $ 600.00
1 2 Connect to Remaining Sewer EA. 5 $ 400.00 $ 2,000.00
3 Sanitary Manhole 0'-8' Depth EA. 2 $ 1,300.00 $ 2,600.00
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4 Manhole in Excess of 8' Depth L.F. 8 $ 75.00 $ 600.00
I5 8" PVC Sanitary Sewer L.F. 1188 $ 19.00 $ 22,572.00
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6 4" PVC Sanitary Sewer L.F. 880 $ 15.00 $ 13,200.00
7 8 x 4 Service Wye EA. 22 $ 100.00 $ 2,200.00
I8 Conn. To Exist. Sewer Service EA. 22 $ 100.00 $ 2,200.00
SanitaryCost
$ 45,972.00
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Plus 10% Contingency $ 4,597.20
Subtotal $ 50,569.20
Plus 25% Engr./Admin. Fees $ 12,642.30
ITOTAL EST. SAN.SEWER COSTS $ 63,211.50
I AMOUNT TO BE USED FOR ASSESSMENT CALCULATIONS =
100% x$24,200.00 = $24,200.00
ISanitary Sewer Service Cost $ 17,600.00
Plus 10% Contingency $ 1,760.00
Subtotal $ 19,360.00
Plus 25% Engr./Admin. Fees $ 4,840.00
I TOTAL EST. SAN.SEWER COSTS $ 24,200.00
SERVICE COSTS
I 22 Services on Shakopee Ave.-Estimated Assessment Per Lot = $24,200.00/22 or$1,100.00
Per Lot.
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MEMO TO: Dennis R. Kraft, City Administrator
FROM: David M.Nummer, Staff Engineer NI)
SUBJECT: 1996 Reconstruction Project
DATE: December 27, 1995
MEETING DATE: January 2, 1996
INTRODUCTION:
Attached is Resolution No. 4373, a resolution receiving a report and calling a hearing on an
improvement for the 1996 Reconstruction Project.
BACKGROUND:
On October 17, 1995,the City Council ordered the preparation of a feasibility report for the 1996
Reconstruction Project. This report has been completed and is attached for Council review. The
proposed project area includes the following streets:
5th Avenue, from Fuller Street to Spencer Street
7th Avenue, from Fuller Street to Spencer Street
Shakopee Avenue, from Holmes Street to Main Street
Fillmore Street, from 1st Avenue to 2nd Avenue
Naumkeag Street, from 1st Avenue to 2nd Avenue
The purpose of the feasibility report is to evaluate the existing infrastructure (streets, utilities,
drainage) and make recommendations for any improvements that are needed. The feasibility
report also addresses the estimated costs for the improvements and the proposed assessments
which would result from the project being constructed.
The attached resolution sets a date for a public hearing for this project for February 6, 1996. The
approval of Resolution No. 4373 does not order the project nor does it commit the Council to
constructing any improvements. The intent of this resolution is to accept the feasibility report
and set the public hearing date. The public hearing will allow the residents adjacent to the
project area and the general public an opportunity to address the City Council on this project.
Staff has prepared a brief presentation for the January 2nd Council meeting which will provide
an overview of the project and the feasibility report. Staff will make a full presentation at the
February 6th meeting on the feasibility report to the public and the City Council and will be
ready to address any issues that are raised.
c:\dos\96recon.doc
At the public hearing, the Council will be presented with a resolution ordering the improvement
and the preparation of plans and specifications. After soliciting and considering the public
testimony, the Council will have an opportunity to order the project, modify the scope of the
work to be done and order the project as modified or not order any work to be completed.
ALTERNATIVES:
1. Adopt Resolution No. 4373. This action will receive the feasibility report and set the date for
the public hearing for February 6, 1996.
2. Deny Resolution No. 4373. This action will halt the project until such time as the City
Council reconsiders the resolution.
3. Move to receive the feasibility report but do not set a date for the public hearing at this time.
This action will place the project on hold until such time as the City Council sets a date for
the public hearing.
4. Table Resolution No. 4373 to allow time for staff to prepare additional information as
directed by the City Council.
RECOMMENDATION:
If the City Council wishes to pursue all or a portion of this project for the 1996 construction
season, staff recommends Alternative No. 1, to adopt Resolution No. 4373. This will allow the
design process to begin after the public hearing has been held. Staff estimates the design process
could take 2 to 3 months. If the project is to be completed in 1996, construction should be
scheduled to begin in May or early June.
If the City Council does not wish to pursue this project, then the appropriate action would be to
move the approval of Resolution No. 4373 and vote against the motion.
ACTION REQUESTED:
Offer Resolution No. 4373, A Resolution Receiving a Report and Calling a Hearing on an
Improvement for the 1996 Reconstruction Project No. 1996-2 and move its adoption.
c:\dos\96recon.doc
RESOLUTION NO. 4373
A Resolution Receiving A Report
c.
And Calling A Hearing On An Improvement
For The 1996 Reconstruction
Project No. 1996-2
WHEREAS, pursuant to Resolution No. 4314 of the City Council adopted.October 17,
1995, a report has been prepared by the City Engineer, with reference to the improvement of: 5th
Avenue, from Fuller Street Spencer Street; 7th Avenue, from Fuller Street to Spencer Street;
Shakopee Avenue, from Holmes Street to Main Street; Fillmore Street, from 1st Avenue to 2nd
Avenue; Naumkeag Street, from 1st Avenue to 2nd Avenue all by reconstruction of street, curb &
gutter, sanitary sewer, storm sewer, watermain, sidewalk and appurtenant work. and this report was
received by the Council on January 2, 1996.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SHAKOPEE,MINNESOTA:
1. The Council will consider the improvement of: 5th Avenue, from Fuller Street to
Spencer Street; 7th Avenue, from Fuller Street to Spencer Street; Shakopee Avenue, from Holmes
Street to Main Street; Fillmore Street, from 1st Avenue to 2nd Avenue;Naumkeag Street, from 1st
Avenue to 2nd Avenue all by reconstruction of street, curb & gutter, sanitary sewer, storm sewer,
watermain, sidewalk and appurtenant work in acccordance with the report and the assessment of
abutting and benefitted property for all or a portion of the cost of the improvements pursuant to
Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of$
2. A public hearing shall be held on such proposed improvements on the 6th day of
February, 1996, at 7:00 P.M. or thereafter, in the Council Chambers of City Hall, at 129 South
Holmes Street, Shakopee, Minnesota, and the Clerk shall give mailed and published notice of such
hearing and improvement as required by law.
3. The work of this project is hereby designated as part of the 1996-2 Public Improvement
Program.
Adopted in session of the City Council of the City of Shakopee,
Minnesota,held this day of , 1996.
Mayor of the City of Shakopee
ATTEST:
Zity Clerk
Approved as to form:
City Attorney
0" Ci
TO: Dennis R. Kraft
FROM: Gregg Voxland, Finance Director
SUBJ: Investment Policy
DATE: December 27, 1995
Introduction
Council is requested to review and discuss a new investment policy.
Background
The events of Orange County continue to ripple through the financial
community. One of the effects is that a more comprehensive investment
policy is recommended for Minnesota cities. Attached is the draft of a
revised policy. The old one was a page and one half.. This new one is
longer but does not make material changes from current practices.
I would like to draw Council's attention to a couple items in the policy
in case Council would like to discuss them.
• Maturity length - is the term of 5 years with 20' of the
portfolio able to go out to 10 years satisfactory to Council as
shown on page 7?
• Local (metro) brokers - is it Council's desire to restrict the
usage of brokers to only those located in the metro area? (page
12) .
Action Requested
1. Discuss and give staff direction to amend the proposed policy.
OR
2. Offer Resolution No. 4374 A Resolution Adopting An Investment Policy
and move its adoption.
RESOLUTION No. 4374
A Resolution Adopting An Investment Policy And Repealing
Resolution No. 4227
WHEREAS, City Council has previously adopted Resolution No. 4227 A
Resolution Adopting An Investment Policy And Repealing Resolution No.
2934 And Resolution No. 3552, and,
WHEREAS, it is now in the best interest of the City to amend and
update the investment policy.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SHAKOPEE, MINNESOTA, that Resolution No. 4227, A Resolution Adopting An
Investment Policy And Repealing Resolution No. 2934 And Resolution No.
3552 is hereby by repealed.
BE IT FURTHER RESOLVED that the attached Investment Policy dated
January 1, 1996 is hereby adopted.
Adopted in session of the City Council of the City
of Shakopee, Minnesota, held this day of
1996.
Mayor of the City of Shakopee
ATTEST:
City Clerk
Approved as to form.
City Attorney
CITY OF SHAKOPEE, MINNESOTA
INVESTMENT POLICY
January 1, 1996
I. Scope
II. Objective
1. Safety
2. Liquidity
3. Yield
III. Standards of Care
1. Prudence
2. Ethics and Conflicts of Interest
3. Delegation of Authority
IV. Safekeeping and Custody
1. Authorized Financial Dealer and Institution
2. Internal Controls
3. Delivery vs. Payment (DVP)
V. Suitable and Authorized Investments
1. Investment Types
2. Collateralization
3. Repurchase Agreements
VI. Investment Parameters
1. Diversification
2. Maximum Maturities
VII. Reporting
1. Methods
2. Marking to Market
VIII. Policy
IX. Investment Pools
1. Definition
2. Questionnaire
X. Depositories
1
I. Scope
This policy applies to funds under the management and custodyof the
City Treasurer/Finance Director. Excluded are funds of the Fire Relief
Association which has its own investment policy are controlled by the
Fire Relief Board of Trustees, funds under the management of the
deferred compensation administrator, funds held in escrow by agents
which are normally covered by the terms of the escrow agreement and
investment pools such as the 4M Fund, State Board of Investment and the
cash flow pooling of the safe keeping agent (see section IX on
investment pools) .
II. Objective
The primary objectives, in priority order, on investment activities
shall be:
1. Safety
Safety of principal is the foremost objective of the investment
program. Investments shall be undertaken in a manner that seeks
to ensure the preservation of capital in the overall portfolio.
The objective will be to mitigate credit risk and interest rate
risk.
A. Credit Risk
Credit risk is the risk of loss due to failure of the
security issuer or backer. Credit risk may be mitigated by:
Limiting investments to the safest types of securities;
Pre-qualifying the financial institutions,
broker/dealers, intermediaries, and advisors with which
the city will do business;
Diversifying the investment portfolio so that the
potential losses on individual securities will be
minimized.
B. Interest Rate Risk
Interest rate risk is the risk that the market value of
securities in the portfolio will fall due to changes in
general interest rates. Interest rate risk may be mitigated
by:
Structuring the investment portfolio so that securities
mature to meet cash requirements for ongoing operations,
thereby avoiding the need to sell securities on the open
market prior to maturity;
By investing operating funds primarily in shorter-term
securities.
2
2. Liquidity
The investment portfolio shall remain sufficiently liquid to
meet all operating requirements that may be reasonably
anticipated. This is accomplished by structuring the portfolio
so that securities mature concurrent with cash needs to meet
anticipated demands (static liquidity) . Furthermore, since all
possible cash demands can not be anticipated, the portfolio
should consist largely of securities with active secondary or
resale markets (dynamic liquidity) .
3. Yield
The investment portfolio shall be designed with the objective of
attaining a market rate of return throughout budgetary and
economic cycles, taking into account the investment risk
constraints and liquidity needs. Return on investment is of
least importance compared to the safety and liquidity objectives
described above. The core of investments are limited to
relatively low risk securities in anticipation of earning a fair
return relative to the risk being assumed. Securities shall not
be sold prior to maturity with the following exceptions:
1) a declining credit security should be sold early to minimize
the loss of principal;
2) a security swap would improve the quality, yield, or target
duration in the portfolio;
3) liquidity needs of the portfolio require that the security be
sold;
4) there is a definite economic benefit to be realized.
III. Standards of Care
1. prudence
The standard of prudence to be used by investment officials
shall be the "prudent person" standard and shall be applied in
the context of managing an overall portfolio. Investment
officers acting in accordance with written procedures and this
investment policy and exercising due diligence shall be relieved
of personal responsibility for an individual security's credit
risk or market price changes, provided deviations from
expectations are reported in a timely fashion and the liquidity
and the sale of securities are carried out in accordance with
the terms of this policy.
Investments shall be made with judgment and care, under
circumstances then prevailing, which persons of prudence,
discretion and intelligence exercise in the management of their
own affairs, not for speculation, but for investment,
considering the probable safety of their capital as well as the
probable income to be derived.
2. Ethics and Conflicts of Interest
3
Officers and employees involved in the investment process shall
refrain from personal business activity that could conflict with
the proper execution and management of the investmentprogram,
or that could impair their ability to make impartial decisions.
Employees and investment officials shall disclose any material
interests in financial institutions with which they conduct
business. They shall further disclose any personal
financial/investment positions that could be related to the
performance of the investment portfolio. Employees and officers
shall refrain from undertaking personal investment transactions
with the same individual with whom business is conducted on
behalf of their entity.
3. Delegation of Authority
Authority and responsibility for the operation of the investment
program is hereby delegated to the Finance Director/Treasurer,
who shall carry out established written procedures and internal
controls for the operation of the investment program consistent
with this investment policy. Procedures should include
references to: safekeeping, delivery vs. payment, investment
accounting, repurchase agreements, wire transfer agreements,
collateral/depository agreements and banking services contracts.
No person may engage in an investment transaction except as
provided under the terms of this policy and the procedures
established by the Finance Director. The Finance Director shall
be responsible for all transactions undertaken and shall
establish a system of controls to regulate the activities of
subordinate officials.
IV. Safekeeping and Custody
1. Authorized Financial Dealer and Institution
A list will be maintained of financial institutions authorized
to provide investment services. In addition, a list will also
be maintained of approved security broker/dealers selected by
creditworthiness (minimum capital requirement $10,000,000 and at
least five years of operation) . These may include "primary"
dealers or regional dealers that qualify under Securities and
Exchange Commission Rule 15C3-1 (uniform net capital rule) .
All financial institutions and broker/dealers who desire to
become qualified bidders for investment transactions must be
located in the Twin City metropolitan area and supply the
following as appropriate:
• audited financial statements
• proof of National Association of Securities Dealers (NASD)
certification
• proof of state registration
• certification of having read the city's investment policy
An annual review of the financial condition and registration of
qualified bidders will be conducted by the Finance Director.
4
2. Internal Controls
The City Administrator is responsible for establishing.,and
maintaining an internal control structure designed to ensure
that the assets of the entity are protected from loss, theft or
misuse. The internal control structure shall be designed to
provide reasonable assurance that these objectives are met. The
concept of reasonable assurance recognizes that (1) the cost of
a control should not exceed the benefits likely to be derived;
and (2) the valuation of costs and benefits requires estimates
and judgments by management.
Accordingly, the City Administrator shall establish a process
for annual independent review by an external auditor to assure
compliance with policies and procedures. The internal controls
shall address the following points:
a. Control of Collusion. Collusion is a situation where two or
more employees are working in conjunction to defraud their
employer.
b. Separation of transaction autho ity from accounting and
record keeping. By separating the person who authorizes or
performs the transaction from the people who record or otherwise
account for the transaction, a separation of duties in achieved.
c. Custodial safekeeping. Securities purchased from any bank or
dealer including appropriate collateral (as defined by state
law) shall be placed with an independent third party for
custodial safekeeping.
d. Avoidance of physical delivery securities. Book entry
securities are much easier to transfer and account for since
actual delivery of a document never takes place. Delivered
securities must be properly safeguarded against loss or
destruction. The potential for fraud and loss increases with
physical delivered securities.
e. Clear delegation of authority to subordinate staff members.
Subordinate staff members must have a clear understanding of
their authority and responsibilities to avoid improper actions.
Clear delegation of authority also preserves the internal
control structure that is contingent on the various staff
position and their respective responsibilities.
f. Written confirmation of telephone transactions for
investments and wire transfers. Due to the potential of error
and improprieties arising from telephone transactions, all
telephone transaction should be supported by written
communications and approved by the appropriate person. Written
communications may be via fax if the safekeeping institution has
a list of authorized signatures.
5
g. Development of a wire transfer agreement with the lead bank
or third party custodian. This agreement should outline the
various controls, security provisions, and delineate
responsibilities of each party making and receiving wire
transfers.
From time to time, investors may choose to invest in instruments
offered by minority and community financial institutions. These
financial institutions may not meet all the criteria under
paragraph 1. All terms and relationship will be fully disclosed
prior to purchase and will be reported to the appropriate entity
on a consistent basis and should be consistent with state or
local law. Also, these types of investment purchases should be
approved by the appropriate legislative body in advance.
3. pelivery vs. Payment
All trades where applicable will be executed by delivery vs.
payment (DVP) . This ensures that securities are deposited in
the eligible financial institution prior to the release of
funds. Securities will be held by a third party custodian as
evidenced by safekeeping receipts.
V. Suitable and Authorized InvestmentA
1. Investment Types
Consistent with the GFOA Recommended Practice on State Statutes
Concerning Investment Practices, the following investments will
be permitted by this policy and are those defined by state law
where applicable;
a. U.S. Government obligations, U.S. Government agency
obligations, and U.S. Government instrumentality obligations
b. Prime bankers acceptances
c. Prime commercial paper
d. Investment-grade obligations of state and local governments
and public authorities
e. Certificates of deposit
f. Investment pools or mutual funds of short to intermediate
term duration utilizing the above and repurchase agreements.
Investment in derivatives is not authorized.
2. Collateralization
In accordance with state law and the GFOA Recommended Practices
on the Collateralization of Public Deposits, full
collateralization will be required on certificates of deposits
to extent the deposits exceed the available FDIC insurance.
VI. Invest Parameters
1. Diversification
6
The investments will be diversified by security type and
institution. All investments other than in direct obligations
or agencies of the United States, secured by collateral, or
repurchase agreements, shall not exceed fifty percent of the
portfolio. This limitation is determined by type of investment,
i.e. commercial paper or bankers acceptance. Further,
investment in any one corporation shall not exceed 20% of the
portfolio and 5% of the corporation's assets.
2. Maximum Maturities
Twenty percent of the portfolio maybe invested to a maximum of
10 years maturity. The balance of the portfolio shall have a 5
year maximum maturity. Maturities shall be generally spread
across time in a laddering effect except as needed to match
anticipated cash flow requirements.
VII. Reporting
1. Methods
The Finance Director shall prepare an investment report at least
quarterly. The report will be provided to the City
Administrator, City Council and EDA for "city funds" and to the
Shakopee Public Utilities Commission for its funds. Included it
the report shall be the following:
• A listing of individual securities held at the end of the
reporting period listed by maturity date.
• The carrying basis, the current calculated accreted basis and
the current market value.
• Weighted average yield to maturity.
• Percentage of total portfolio by type of investment.
2. Marking to Market
A statement of the market value of the portfolio, obtained from
independent sources shall be issued at least quarterly with the
above report. This will ensure that the minimal amount of
review has been performed on the investment portfolio in terms
of value and subsequent price volatility.
VIII. Policy
1. Amendment
This policy shall be reviewed on an annual basis. Any changes
must be approved by the City Council.
IX. Investment Pools
1. Definition
The purpose of an investment pool is to allow political
subdivisions to pool investable funds in order to achieve a
potentially higher yield.
7
•
There are basically three types of pools, 1) state run pools; 2)
pools operated by a political subdivision where allowed by law
and the political subdivision is the trustee; and 3) pools that
are operated for profit by third parties. Prior to the city
being involved with any type of pool, a through investigation of
the pool and its policies and procedures must be reviewed.
2. Pool Ouestionnaire
Prior to entering a pool, the following questions and issues
should be considered.
Securities
Government pools may invest in a broader range of securities
than permitted by city policy. Deviation from the policy is
permitted for pools to the extent that securities are authorized
by state statute and the Finance Director/Treasurer is aware of
and comfortable with those securities.
1. Does the pool provide a written statement of investment
policy and objectives?
2. Does the statement contain:
a. a description of eligible investment instruments?
b. the credit standards of investments?
c. the allowable maturity range of investments?
d. the maximum allowable dollar weighted average portfolio
maturity?
e. the limits of portfolio concentration permitted for each
type of security?
f. the policy on reverse repurchase agreements, options,
short sales and futures?
3. Are changes in the policies communicated to the pool
participants?
Interest
Interest is not reported in a standard format, so it is
important to know how interest is quoted, calculated and
distributed so that you can make comparisons with other
investment alternatives.
Interest Calculations
1. Does the pool disclose the following about yield
calculations:
a. the methodology used to calculate interest? (simple
maturity, yield to maturity, etc.)
b. the frequency of interest payments?
c. how interest is paid? (credited to principal at the end of
the month, each quarter; mailed?)
d. how are gains/losses reported? factored monthly or only
when realized?
Reporting
1. Is the yield reported to participants of the pool monthly?
2. are expenses of the pool deducted before quoting the yield?
8
3. is the yield generallyin line with the market yield for
securities in which would otherwise be purchased?
4. How often does the pool report, and does that report include
the market value of securities?
Security
The following questions are designed to assist in safeguarding
funds from loss of principal and loss of market value.
1. Does the pool disclose the safekeeping practices?
2. Is the pool subject to audit by an independent auditor?
3. Is a copy of the audit report available to participants?
4. Who makes portfolio decisions?
5. How does the manager monitor the credit risk of the
securities in the pool?
6. Is the pool monitored by someone on the board of a separate
neutral party external to the investment function to ensure
compliance with written policies?
7. Does the pool have specific policies with regards to the
various investment vehicles?
a. what are the different investment alternatives?
b. what are the policies for each type of investment?
8. Does the pool mark the portfolio to its market value?
9. Does the pool disclose the following about how portfolio
securities are valued:
a. the frequency with which the portfolio securities are
valued?
b. the method used to value the portfolio (cost, current
value, or some other method) ?
Operations
The answers to these questions will help determine if a pool
meets the operational needs of the city.
1. Does the pool limit eligible participants?
2. What entities are permitted to invest in the pool?
3. Does the pool allow multiple accounts and/or sub-accounts?
4. Is there a minimum or maximum account size?
5. Does the pool limit the number of transactions each month?
What is the number of transactions permitted each month?
6. Is there a limit on transaction amounts for withdrawals and
deposits?
a. what is the minimum and maximum withdrawal amount
permitted?
b. what is the minimum and maximum deposit amount permitted?
7. How much notice is required for withdrawals/deposits?
8. What is the cutoff time for deposits and withdrawals?
9. Can withdrawals be denied?
10. Are funds 100% withdrawable at any time?
11. What are procedures for making deposits and withdrawals?
a. what is the paperwork required, if any?
b. what is the wiring process?
12. Can an account remain open with a zero balance?
13. Are confirmations sent following each transaction?
9
•
Statements
It is important to received statements monthly for documentation
and reconciliation purposes.
1. Are statements for each account sent to participants?
a. What are the fees?
b. how are they passed?
c. how are they paid?
d. are there additional fees for wiring funds (what is the
fee) ?
2. Are expenses deducted before quoting the yield?
Questions To Consider For Bond Proceeds
It is important to know (1) whether the pool accepts bond
proceeds and (2) whether the pool qualifies with the U.S.
Department of the Treasury as an acceptable commingled fund for
arbitrage purposes.
1. Does the pool accept bond proceeds subject to arbitrage
rebate?
2. Does the pool provide accounting and investment records
suitable for proceeds of bond issuance subject to arbitrage
rebate?
3. Will the yield calculation reported by the pool be acceptable
to the IRS or will it have to be recalculated.?
4. Will the pool accept transaction instructions from a trustee?
5. Is the city allowed to have separate accounts for each bond
issue so that the city does not have to commingle the interest
earnings of funds subject to rebate with funds not subject to
regulations?
X. Depositories
Pursuant to Minnesota Statures, Section 118.005, the Finance Director is
authorized to designate as a depository of city funds such national,
insured state banks or thrift institutions as defined in Section 51A.02,
Subdivision 23, as deemed proper. The Finance Director shall inform
City Council whenever a change is made in the list of designated
depositories.
Any bank, trust company or thrift institution authorized to do business
in this state, designated as a depository of city funds may, in lieu of
a corporate or personal surety bond required to be furnished to receive
the funds, assign to or deposit with the City Finance Director/Treasurer
legally authorized investments or securities as collateral. The Finance
Director is authorized by City Council to approve of the arrangements
for safekeeping of pledged collateral in accordance with MSA 118.01.
The total amount of the collateral computed at its market value shall be
at least ten percent more than the amount of deposit in excess of any
insured portion. The depository may at its discretion furnish both a
10
bond and collateral aggregating the required amount. The City will not
accept mortgages as collateral.
Pursuant to Section 471.56, Subdivision 1, any city funds not presently
needed for other purposes may be deposited or invested in the manner and
subject to the conditions provided in Section 475.66.
•
11
Updated: January 1996
Designated Depositories
Marquette Bank
Norwest Bank Minnesota, NA
Citizens State Bank of Shakopee
The Family Bank
Authorized Financial Dealers and Institutions
Marquette Bank
Norwest Bank Minnesota, NA
Norwest Investment Services Inc.
Smith Barney, Inc.
Piper Jaffery, Inc.
Dain Bosworth, Inc.
Juran & Moody, Inc.
12
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January 1996
Upcoming Meetings
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
---- --- 1 2 3 4 5 6
City Hall Closed 7:00 PM City 7:30 PM Planning
Council Meeting Commission
7 8 9 10 11 12 13
4:30 PM SPUC Committee of the
Whole Meeting
14 15 16 17 18 19 20
City Hall Closed 7:00 PM City 5:30 PM CDC
Council Meeting
21 22 23 24 25 26 27
• 7:00 PM Park and Committee of the
Recreation Whole Meeting
28 29 30 31
December 95 February 96
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February 1996
Upcoming Meetings
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2 3
January March
SMTWTFS SMTWTFS
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4:30 PM SPUC 7:00 PM City 7:30 PM Planning
Council Commission
11 12 13 14 15 16 17
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City Hall Closed 7:00 PM City 5:30 PM Conunu-
Council nity
Development
25 26 27 28 29
7:00 PM Park and
Recreation
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March 1996
Upcoming Meetings
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2
3 4 5 6 7 8 9
4:30 PM SPUC 7:00 PM City 7:30 PM Planning
Council Commission
Precinct Caucuse-
s-Reschedule
CC Mtg.
10 11 12 13 14 15 16
17 18 19 20 21 22 23
7:00 PM City 5:30 PM Commu-
Council nity
Development
24 25 26 27 28 29 30
7:00 PM Park and
Recreation
31
February April
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April 1996
. Upcoming Meetings
Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1
1 2 3 4 5 6
4:30 PM SPUC 7:00 PM City 7:30 PM Planning
Council Commission
7 8 9 10 11 12 13
14 15 16 17 18 19 20
7:00 PM City 5:30 PM Commu-
Council nity
Development
21 22 23 24 25 26 27
7:00 PM Park and
Recreation
28 29 30
March May
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May 1996
Upcoming Meetings
•
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2 3 4
April June
SMTWTFS SMTWTFS
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4:30 PM SPUC 7:00 PM City 7:30 PM Planning
Council Commission
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5:30 PM Commu-
nity
Development
19 20 21 22 23 24 25
7:00 PM City
Council
26 27 28 29 30 31
7:00 PM Park and
Recreation
City Hall Closed-
Reschedule Mtg.
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June 1996
Upcoming Meetings
Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1
1
2 3 4 5 6 7 8
4:30 PM SPUC 7:00 PM City 7:30 PM Planning
Council Commission
9 10 11 12 13 14 15
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Council nity
Development
23 24 25 26 27 28 29
7:00 PM Park and
Recreation
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May July
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July 1996
Upcoming Meetings
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2 3 4 5 6
4:30 PM SPUC 7:00 PM City City Hall Closed-
Council Reschedule PC
Mtg. I
7 8 9 10 11 12 13
14 15 16 17 18 19 20
7:00 PM City 5:30 PM Commu-
Council nity
Development
21 22 23 24 25 26 27
7:00 PM Park and
Recreation
28 29 30 31
June August
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30 25 26 27 28 29 30 31 i
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. .
August 1996
Upcoming Meetings
Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1
1 2 3
July September
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4:30 PM SPUC 7:00 PM City 7:30 PM Planning
Council Commission
11 12 13 14 15 16 17
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7:00 PM City 5:30 PM Commu-
Council nity
Development
25 26 27 28 29 30 31
7:00 PM Park and
Recreation
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. .
September 1996
Upcoming Meetings
Sunday Monday Tuesday Wednesday Thursday Friday Saturday j
I 2 3 4 5 6 7
4:30 PM SPUC 7:00 PM City 7:30 PM Planning
City Hall Closed- Council Commission
Reschedule Mtg.
8 9 10 11 12 13 14
15 16 17 18 19 20 21
7:00 PM City 5:30 PM Commu-
Council nity
Development
22 23 24 25 26 27 28
7:00 PM Park and
Recreation
29 30
August October
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October 1996
Upcoming Meetings
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2 3 4 5
September 7:00 PM City 7:30 PM Planning
SMTWT F S Council Commission
1 2 3 4 5 6 7
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15 16 17 18 19 20 21
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29 30
6 7 8 9 10 11 12
4:30 PM SPUC
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7:00 PM City 5:30 PM Commu-
Council nity
Development
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27 28 29 30 31
7:00 PM Park and November
Recreation SMTWT FS
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• 17 18 19 20 21 22 23
24 25 26 27 28 29 30
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November 1996
Upcoming Meetings
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2
October December
SMTWTFS SMTWTFS
1 2 3 4 5 1 2 3 4 5 6 7
6 7 8 9 10 11 12 8 9 10 11 12 13 14
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27 28 29 30 31 29 30 31
3 4 5 6 7 8 9
4:30 PM SPUC 8:00 PM City 7:30 PM Planning
Council Commission
Election Day
10 11 12 13 14 15 16
City Hall Closed
17 18 19 20 21 22 23
7:00 PM City 5:30 PM Commu-
Council nity
Development
24 25 26 27 28 29 30
7:00 PM Park and Thanksgiving- City Hall Closed
Recreation City Hall Closed
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December 1996
Upcoming Meetings
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2 3 4 5 6 7
4:30 PM SPUC 7:00 PM City 7:30 PM Planning
Council Commission
8 9 10 11 12 13 14
15 16 17 18 19 20 21
7:00 PM City 5:30 PM Commu-
Council nity
Development
22 23 24 25 26 27 28
7:00 PM Park and City Hall Closed
Recreation
29 30 31
November 96 January 97
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MUNICIPAL LEGISLATIVE
1150 800 Fifth Street Towers
South Fifth Street
Minneapolis, MNN555402-4218
COMMISSION Telephone: (612)672-3600
Facsimile: (612) 672-3777
MEMO
DATE: December 29, 1995
TO: MLC Associate Communities
FROM: Bob Renner, Jr.
MLC Legislative Lobbyist
RE: MLC Annual Legislative Dinner and Program
As associate members of the Municipal Legislative Commission (MLC), your community's
elected officials are invited to attend the annual MLC Legislative Dinner and Program.
This year the dinner will be held on Wednesday, January 31 from 6:30 - 9:00 at the
Decathlon Club in Bloomington.
For the past eleven years the MLC has invited member city mayors, councilmembers and
city managers/administrators, as well as the legislators who represent these cities, to
gather in an informal setting to discuss issues of interest to their communities. The
dinner and program has been a success over the years and is well attended by the
legislators. This year, as in previous years, there will be a presentation to educate
legislators on the MLC legislative agenda for 1996.
This year, the cost of the dinner will be $40.00 for each attendee, which includes the cost
of legislator meals. Invoices for the meals will be sent out after the event for each person
who has attended.
Please discuss this dinner with your elected officials to determine if they are interested in
attending. If your city chooses to participate in the dinner, your legislators will also be
invited. Please contact Jennifer Peterson at 228-9757 by January 5 to inform her which
of your elected officials would like to be included in this event.
RGR:jjp:6727_1.W51e
Member Cities: Apple Valley,Bloomington, Eagan, Eden Prairie,Edina, Lakeville,
Maplewood, Minnetonka, Plymouth, Roseville,Shoreview, Woodbury