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HomeMy WebLinkAbout12/02/1997 TENTATIVE AGENDA CITY OF SHAKOPEE REGULAR SESSION SHAKOPEE, MINNESOTA DECEMBER 2, 1997 LOCATION: 129 Holmes Street South Mayor Jeff Henderson presiding 1] Roll Call at 7:00 p.m. 2] Recess for an Economic Development Authority Meeting 3] Re-convene 4] Approval of Agenda 5] Approval of Consent Business - (All items noted by an * are anticipated to be routine. After a discussion by the Mayor, there will be an opportunity for members of the City Council to remove items from the consent agenda for individual discussion. Those items removed will be considered in their normal sequence on the agenda. Those items remaining on the consent agenda will otherwise not be individually discussed and will be enacted in one motion.) 6] Liaison Reports from Councilmembers 7] Mayor's Report 8] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS *9] Approval of Minutes: November 5, 1997 *10] Approve Bills in the Amount of$270,913.65 11] Communications 12] Public Hearings: 13] Recommendations from Boards and Commissions A] Rezoning request of Polte Homes for property located south of 17th Avenue extended and west of CR-17 from AG to R3 - Ord. No. 507 B] Rezoning request of Michael Gilbertsen for property located south of the West 3rd Avenue frontage road and CR-69 intersection from R3 to B - Ord. No. 508 *C] Text amendment to City Code regarding shared driveways - Ord. No. 506 TENTATIVE AGENDA December 2, 1997 Page -2- 14] General Business A] Public Works and Engineering 1. Removal of Stop Signs at 10th Avenue and Apgar Street-memo on table *2. Completion of Probationary Status for Dave Rutt and Bill Egan *3. Acceptance of Vierling Drive Project No. 1995-6 - Res.No. 4797 *4. Acceptance of Upper Valley Drainage,Phase II Project No. 1995-3 - Res. No. 4798 *5. Acceptance of Fuller Street Project No. 1995-8 - Res. No. 4800 B] Police and Fire *1. Purchase of Full Size Squad Car *2. Completion of Probationary Status for Les Ten Eyck, Lisa Quick, Molly Schrot, and Lynn Lipinski *3. Fire Station Change Order No. 1 *4. Purchase of Unused Holiday Time *5. Excess Fire Station Property C] Park and Recreation D] Community Development *1. Electrical Inspection Contract E] General Administration *1. 1998 Cigarette Licenses *2. 1998 Pawnshop Licenses *3. 1998 Tattoo License *4. 1998 Massage Center License 5. East Dean Lake Financial Security 6. 1998 Compensation Changes for City Employees a. City Contribution-Employee Insurances b. 1998 Pay Plan for Non Contract Employees -Res. No. 4799 7. Contract -Management Information Systems 8. Internet Access/Electronic Communications Policy 9. Construction Trailer Parking-Res.No. 4796 10. 1998 Fee Schedule - Resolution No. 4801 11. Boards and Commissions Expiring Terms -memo on table 15] Other Business 16] Adjourn to Thursday, December 11, 1997, at 7:00 p.m. • TENTATIVE AGENDA CITY OF SHAKOPEE REGULAR SESSION SHAKOPEE, MINNESOTA DECEMBER 2, 1997 LOCATION: 129 Holmes Street South Mayor Jeff Henderson presiding 1] Roll Call at 7:00 p.m. 2] Recess for an Economic Development Authority Meeting 3] Re-convene 4] Approval of Agenda 5] Approval of Consent Business - (All items noted by an * are anticipated to be routine. After a discussion by the Mayor, there will be an opportunity for members of the City Council to remove items from the consent agenda for individual discussion. Those items removed will be considered in their normal sequence on the agenda. Those items remaining on the consent agenda will otherwise not be individually discussed and will be enacted in one motion.) 6] Liaison Reports from Councilmembers 7] Mayor's Report • 8] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS *9] Approval of Minutes: November 5, 1997 *10] Approve Bills in the Amount of$270,913.65 11] Communications 12] Public Hearings: 13] Recommendations from Boards and Commissions A] Rezoning request of Polte Homes for property located south of 17th Avenue extended and west of CR-17 from AG to R3 - Ord. No. 507 B] Rezoning request of Michael Gilbertsen for property located south of the West 3rd Avenue frontage road and CR-69 intersection from R3 to B - Ord. No. 508 *C] Text amendment to City Code regarding shared driveways - Ord. No. 506 TENTATIVE AGENDA December 2, 1997 Page -2- 141 General Business A] Public Works and Engineering 1. Removal of Stop Signs at 10th Avenue and Apgar Street-memo on table *2. Completion of Probationary Status for Dave Rutt and Bill Egan *3. Acceptance of Vierling Drive Project No. 1995-6 - Res.No. 4797 *4. Acceptance of Upper Valley Drainage, Phase II Project No. 1995-3 - Res. No. 4798 *5. Acceptance of Fuller Street Project No. 1995-8 -Res.No. 4800 B] Police and Fire *1. Purchase of Full Size Squad Car *2. Completion of Probationary Status for Les Ten Eyck, Lisa Quick, Molly Schrot, and Lynn Lipinski *3. Fire Station Change Order No. 1 *4. Purchase of Unused Holiday Time *5. Excess Fire Station Property C] Park and Recreation D] Community Development *1. Electrical Inspection Contract E] General Administration *1. 1998 Cigarette Licenses *2. 1998 Pawnshop Licenses *3. 1998 Tattoo License *4. 1998 Massage Center License 5. East Dean Lake Financial Security 6. 1998 Compensation Changes for City Employees a. City Contribution-Employee Insurances b. 1998 Pay Plan for Non Contract Employees - Res.No. 4799 7. Contract - Management Information Systems 8. Internet Access/Electronic Communications Policy 9. Construction Trailer Parking - Res.No. 4796 10. 1998 Fee Schedule -Resolution No. 4801 11. Boards and Commissions Expiring Terms -memo on table 15] Other Business 16] Adjourn to Thursday, December 11, 1997, at 7:00 p.m. TENTATIVE AGENDA ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, MINNESOTA Regular Meeting Wednesday,December 2, 1997 1. Roll Call at 7:00 p.m 2. Approval of the agenda 3. Approval of November 5, 1997 minutes 4. Financial A.)Approval of Bills 5. Professional Services Agreement between Shakopee EDA and Community Partners,Inc. 6. Other Business: 7. Adjourn cdagenda.doc OFFICIAL PROCEEDINGS OF THE ECONOMIC DEVELOPMENT AUTHORITY SHAKOPEE, MINNESOTA REGULAR SESSION NOVEMBER 5, 1997 Members Present: Henderson, DuBois, Link, Zorn, and President Sweeney Members Absent: None Staff Present: Mark McNeill, City Administrator; R. Michael Leek, Community Development Director; Paul Snook, Economic Development Coordinator Others Present: Gregg Voxland, Finance Director; Judith S. Cox, City Clerk; Bruce Loney, Public Works Director; and Jim Thomson, City Attorney 1. Roll Call President Sweeney called the meeting to order at 9:03 P.M. Roll was taken as noted above. 2. Approval of Agenda The following item was added to the agenda: 4.B. Fraternal Order of the Eagles Building Rehab Grant Approval, and 7.A. Resolution No. 97-12, Amendment to Contract Between the City, ADC Communications, the EDA, and Scott County. Zorn/Link moved to approve the agenda as modified. Motion carried unanimously. 3. Approval of September 16. 1997. Minutes DuBois/Link moved to approve the September 30, 1997, and October 7, 1997, minutes. Motion carried unanimously. 4. Financial A. Approval of Bills Zorn/Link moved to table the Ehlers &Associates Professional Services bill in the amount of$1545.21. Motion carried unanimously. Zorn/Henderson moved to approve the remaining bills of$349.79. Motion carried unanimously. Official Proceedings of the November 5, 1997 Shakopee Economic Development Authority Page 2 B. Request for Payment of Rehab Grant Tom Gestach, the owner of the building housing the Fraternal Order of Eagles, has requested that the grant transaction be closed and has submitted an invoice in the amount of$4,532 Paul Snook stated that staff had examined the property, agreed that the work was completed, and recommended approval. DuBois/Link moved to approve payment of the rehab grant claim to Tom Gestach in the amount of$4,532 for 220 West 2nd Avenue. Motion carried unanimously. 5. EDA Representation on the Downtown/1st Avenue Revitalization Ad Hoc Committee Mr. Snook explained that in addition to the seven volunteers and the Economic Development Coordinator, an EDA board member representative must be appointed to serve on the Downtown/1st Avenue Revitalization Ad Hoc Committee. Henderson/Zorn moved to appoint Comm. Jane DuBois to the Downtown/1st Avenue Revitalization Ad/Hoc Committee. Motion carried unanimously. 6. Proposal by Community Partners. Inc. for Grant Application Preparation and Program Administration Services for DIED Small Cities Development Program Grant Mr. Snook explained that staff was previously directed to pursue a small cities development program grant and to look into selecting a consultant to prepare the grant. He said he met with the County HRA to discuss potential consultants. He then introduced Steve Greisert with Community Partners, Inc. Steve Greisert, Community Partners, approached the podium and discussed the proposal, explaining that their major activities include grant applications, one of which is the Small Cities Development Program. The first stage of the proposal includes gathering information, surveys, developing strategies based on target area information, meeting with DTED staff, and preparing Part I application. They will also conduct community development surveys and individual interviews with commercial property owners and large apartment owners. Preliminary work will begin with the Part II Application and will include program evaluation, program structure and guidelines, preparing a budget, obtaining commitments from funding sources, preparation of reports, inspections and public hearings. The proposal to prepare the SCDP application will cost between $11,500 to $17,900. This amount could vary depending upon the amount of assistance from staff. Official Proceedings of the November 5, 1997 Shakopee Economic Development Authority Page 3 Mr. Greisert also reviewed handouts which included current clients and the Small Cities Development Program. Out of 100 applications a year, approximately 30 are funded. He feels that he can increase the chances of receiving a grant by 50 percent. Comm. Sweeney requested Mr. Greisert put the proposal in a not-to- exceed range. Zorn/DuBois moved to direct staff to negotiate a not-to-exceed contract with Community Partners, Inc. to pursue a Small Cities Development Program grant for downtown Shakopee and to bring it back to the Council for approval. Gary Morke, 1042 Merrifield, approached the podium and asked why someone else is being paid to do what seems to be the job function of the Economic Development Coordinator. Steve Greisert explained that other cities seek their expertise because this is a time consuming process. He said they must come up with legitimate surveys to have what DIED considers a legitimate survey. They also physically inspect a large number of apartment buildings and rental units and single family buildings. This is a question of time allocation, and working with staff for between $11,000 to $13,000 to get a $1.3 or$1.4 million grant is a good buy. Motion carried unanimously. 7. Other Business A. Resolution 97-12, First Amendment to Contract for Private Development Among the City, EDA, Scott County and ADC Telecommunications, Inc. Paul Snook explained that this resolution brings the job and wage goals in the agreement in line with the Minnesota Investment Fund loan agreement. Henderson/Zorn offered Resolution No. 97-12, A Resolution Approving a First Amendment to the Contract for Private Development Among the City, the Shakopee Economic Development Authority, Scott County, and ADC Telecommunications, Inc., and moved its adoption. Motion carried unanimously. B. Scott County HRA-Reimbursement for the River City Center Blocks 3 &4 Retail Study Paul Snook reported the receipt of a check from Scott County HRA for reimbursement for the River City Center, Blocks 3 &4 Retail Study done by the McComb Group in the amount of$7,475. This money originally came from the EDA General Fund, Special Services. Official Proceedings of the November 5, 1997 Shakopee Economic Development Authority Page 4 A recess was taken at 9:33 P.M. for the purpose of conducting the City Council meeting and an Economic Development Authority executive session. The meeting re-convened at 11:53 P.M. No action was taken during the executive session. 8. Adjournment Link/Zorn moved to adjourn to November 18, 1997, at 7:00 P.M. Motion carried unanimously. The meeting was adjourned at 11:53 P.M. 11110 RoPAA J. e/2.6 ith S. Cox P.A. Secretary Esther TenEyck Recording Secretary CITY OF SHAKOPEE Memorandum TO: President & Commissioners Mark H. McNeill, Executive Director FROM: Gregg Voxland, Finance Director SUBJ: EDA Bill List DATE: November 25, 1997 Introduction Attached is a listing of bills for the EDA and the Blocks 3&4 projects for the period 11/14/97 to 11/25/97 . Included is a check for the finalizing the acquisition of Brambilla' s property in Blocks 3&4 . This the balance due - plus interest pursuant to the court award. Because it is a court award, the check has been sent out . Action Requested Move to approve bills in the amount of $0 . 00 for the EDA General Fund and $122, 033 . 24 for the Blocks 3&4 Funds. 0 0 0 O H 0 0 H H H H I I 0 0 0 0 N O O N N N N H 1 0 0 0 0 UI O O U1 Ln Ln UI A I U) U) Ln Tr C17 I U)U1 in U1 in Ln t:4 I H H H H H U I I 0 0 0 0 O M H cI+ d' d' W I 1/40 1/40 'D Lp 0 d' N 1/40 lD D N 1 E. I N N N N O Ln Ln 0 0 0 M H I 0 0 0 0 NO M M M M 113 I 0 0 0 0 0 0 0 0 0 W I HHHH HHHH CV N A I N N N N H I H H H H I I ,�.. ,.. fA U/ II W U) II H FI O H I I N r CO Ca I C I H H N H I U1 CO 01 Ln 0. I Ln Cd' Ln I:4 03 I 0 000 El f=4 I 0 00 0 01 Ca 03 . 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E. * Tr C d' E• E. * * et9 k-s- CITY OF SHAKOPEE Memorandum TO: Economic Development Authority FROM: Paul Snook,Economic Development Coordinato SUBJECT: Professional Services Agreement between Community Partners,Inc. and Shakopee EDA for grant application preparation services for Small Cities Development Program DATE: November 26, 1997 Introduction and Background: At its November 5, 1997 meeting,the EDA directed staff to enter into a"not to exceed" contract with Community Partners, Inc. for Minnesota Department of Trade and Economic Development (DTED) Small Cities Development Program grant preparation services. Attached to this memo is a Professional Services Agreement for your review. Staff and City legal counsel has reviewed the agreement and determined it to be appropriate. Staff also contacted Community Partners to identify what activities EDA staff could do to keep the cost of Community Partners' services toward the lower end of their estimated range. The activities include: • Provide inventory of commercial buildings • Assist with survey of building owners • Assemble information on area infrastructure needs, and provide information from various downtown and citizen committees • Conduct necessary public hearings and place related advertisements Budget Impact: Not to exceed $17, 900 from the EDA budget, line item 4310, "Professional Services", and line item 4430, "Designated Miscellaneous". The available funds from these accounts is as follows (as of November 24): 4310 Professional Services $12,556 4430 Designated Miscellaneous $9,014 TOTAL $21,570 scdpmmo3.doc Options: 1. Enter into a Professional Services Agreement with Community Partners,Inc. for Small Cities Development Program grant preparation services as presented. 2. Do not enter into the Professional Services Agreement with Community Partners,Inc. 3. Request additional information from staff Recommended Action: Option No. 1, enter into a Professional Services Agreement with Community Partners, Inc. as presented. scdpmmo3.doc Community Partners Research,Inc. PROFESSIONAL SERVICE AGREEMENT BETWEEN THE SHAKOPEE ECONOMIC DEVELOPMENT AUTHORITY AND COMMUNITY PARTNERS RESEARCH,INCORPORATED THIS AGREEMENT is made and entered into between the Shakopee Economic Development Authority,hereinafter referred to as the "EDA" and Community Partners Research, Incorporated, hereinafter referred to as the"Company". WITNESSETH: WHEREAS,the EDA is in need of professional services to prepare a Small Cities Development Program application for the City of Shakopee; and WHEREAS,the Company represents that the Company is qualified and willing to furnish these professional services; and WHEREAS,the EDA wishes to enter into this Agreement with the Company to provide these professional services; NOW,THEREFORE,the EDA and Company in consideration of the mutual covenants contained herein, agree as follows: I. TERM This Agreement shall commence on the 1st day of December 1997, and terminate on the 31st day of October 1998. This Agreement may be extended subject to the mutual acceptance of an extension by the EDA and the Company. II. SERVICES The EDA agrees to compensate and the Company agrees to furnish the professional services set forth in the proposal dated November 4, 1997, a copy of which is attached as Exhibit A. III. COMPENSATION The EDA shall pay the Company an amount not-to-exceed Seventeen Thousand Nine Hundred Dollars($17,900.00)for the professional services as defined in Exhibit A. IV. BILLING AND PAYMENT Payment of the compensation amount is due upon completion and delivery of the final application. 1 Community Partners Research,Inc. V. AUDIT DISCLOSURE AND RETENTION OF RECORDS The Company agrees to make available to duly authorized representatives of the EDA and of the State of Minnesota,for the purpose of audit examination pursuant to Minnesota Statute 16B.06, any books,documents,papers, and records of the Company that are pertinent to the Company's provision of services hereunder. The Company further agrees to maintain all such required records for three years after receipt of final payment and the closing of all other related matters. VI. INDEPENDENT COMPANY It is agreed by the parties that at all times and for all purposes hereunder,the relationship of the Company to the EDA is that of an independent company and not an employee or agent of the EDA. VII. COMPLIANCE WITH LAWS In providing all services pursuant to this Agreement,the Company shall abide by all statutes,ordinances,rules and regulations pertaining to or regulating the provision of such services, including those now in effect and hereafter adopted. Any violation of said statutes, ordinances,rules,or regulations shall constitute a material breach of this Agreement and shall entitle the EDA to terminate this Agreement immediately upon delivery of written notice of termination to the Company. VIII. SUBCONTRACTING AND ASSIGNMENTS Company shall not enter into any subcontract for performance of any of the professional services contemplated under this Agreement,nor assign any interest in the Agreement without the prior written approval of the EDA and subject to such conditions and provisions as the EDA may deem necessary. The Company shall be responsible for the performance of all subcontractors. IX. MODIFICATIONS Any material alterations,modifications or variations of the terms of this Agreement,shall be valid and enforceable only when they have been reduced to writing as an amendment and signed by the parties. X. DATA PRIVACY In collecting, storing,using and disseminating data on individuals in the course of providing services hereunder,the Company agrees to abide by all pertinent state and federal statutes,rules and regulations covering data privacy, including,but not limited to,the Minnesota Data Practices Act and all rules promulgated pursuant thereto by the Commissioner of the Department of Administration. 2 Community Partners Research,Inc. XI. DEFAULT AND REMEDY Failure of the Company(including the failure of any employee or agent of the Company) to abide by the terms,conditions,or requirements expressed in this Agreement shall constitute a default if not properly corrected by the Company upon receipt of a notice of deficiency and a request for compliance from the EDA. In the event of a default by the Company,the EDA may cancel this Agreement by sending a written notice of cancellation to the Company and may recover from the Company any damages sustained by the EDA which may directly or consequently arise out of the breach of this Agreement by the Company. XII. ENTIRE AGREEMENT It is understood and agreed by the parties that the entire agreements of the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the EDA and Company relating to the subject matter hereof. The parties hereto revoke any prior oral or written agreement between themselves and hereby agree that this Agreement is the only and complete agreement regarding the subject hereof. IN WITNESS WHEREOF,the parties hereto have hereunto set their hands. SHAKOPEE ECONOMIC COMMUNITY PARTNERS DEVELOPMENT AUTHORITY RESEARCH,INCORPORATED By: By: Its: Its: Dated: Dated: By: By: Its: Its: Dated: Dated: 3 MEMORANDUM TO: Paul Snook FROM: Steve Bubul DATE: November 26, 1997 RE: Additional suggestions for Service Agreement Paul, The following are two additional suggestions for the Agreement. Temination. This Agreement may be terminated by the EDA at any time and by the Company upon sixty (60) days written notice to the EDA at the address written above. Upon termination p the Company shall be paid for services under this provision, if there is no fault of the Company, p Y _ rendered and reimbursable expenses until the effective date of termination. If.hoaccowever the EDA terminates the Agreement because the Company has failed to perform this Agreement, no further payment shall be made to the Company, and the EDA may retain another ce of n. Company to undertake or complete the work identified in Section 2. Upon notiteoon the EDA may request and the Company shall provide, continued services on pending matters an hourly basis until an appropriate transition to a new Company is executed. Indemni kation. Company agrees to defend, indemnify and hold the EDA, its officers and liabili claims. damages, costs,judgments or expenses,including employees harmless from any tY� from a negligent act or omission reasonable attorney's fees. resulting directly or indirectly (including without limitation professional errors or omissions) of the Contractor,seits agents and nt employees or contractors in the performance of Company fullyhe services °to perform in any respect, all vided by against all losses by reason of the failure of said obligations under this Agreement. SJ&134208 SH23S-1 591—i EO/Z0 d 560-1 OlE61EEZ19 N3AYND 7 A03NN3N—woad wdgl:L0 16-9Z—AoN Community Partners Research,Inc. Exhibit A Community Partners Research, Inc. 10865 32nd Street North • Lake Elmo MN 55042 ■ Phone(612)777-1813 ■ Fax(612)779-7102 November 4, 1997 Shakopee Economic Development Authority 129 South Holmes Street Shakopee, MN 55379 Dear EDA Board Members and Staff: Thank you for the opportunity to submit a proposal to assist you with the development and preparation of a Small Cities Development Program application. Based on our discussions with staff,we have designed our proposal to include the following stages: Information Gathering ► Visual survey of the downtown target area ► Block by block inventory of commercial buildings and housing units ► Preliminary condition survey of commercial buildings and housing units ► Survey occupancy status of buildings and units ► Obtain information on infrastructure needs of area ► Involve information from various downtown and citizen committees Part I Application ► Develop strategies based on target area information(type of activities,budget,activity goals,etc.) ► Prepare Part I application ► Meet with DTED staff Community Development Surveys and Interviews ► Evaluate Part I application based on DTED meetings ► Survey all target area residents ► Conduct final building condition survey ► Meet individually with each commercial property owner and large apartment owner Part II Application-Preliminary Work ► Evaluate program based on survey information ► Prepare program structure and guidelines for each activity ► Prepare a budget(per building rehab costs, activity costs, leveraged funds, etc.) ► Obtain commitments from funding sources(MHFA,HRA, CAP,Banks,private,etc.) ► Work with engineer to prepare reports, if necessary ► Inspections and work write-ups(approximately 6 per activity) ► Establish public hearing 4 Community Partners Research,Inc. • November 4, 1997 page 2 Part II Application-Draft ► Prepare a draft application(all components,narrative,budget, survey, etc.) ► Submit draft to DTED ► Meet with DTED staff to discuss draft ► Public Hearing Part II Application-Final Draft ► Prepare final draft based on DTED staff recommendations ► Prepare cover,tabs,etc. ► Deliver copies to DTED and City Post Application Submission ► Provide DTED with additional information as requested ► Continue to discuss application with DTED staff on an ongoing basis Fee Proposal We propose to prepare the SCDP application for the following fee: ► $11,500 to $17,900 Please consider the following when reviewing this fee structure: ► This fee is for the preparation of a comprehensive application ► This fee is inclusive of all expenses related to the project ► The proposal provides a range depending on the level of City supplied assistance-for example,if City/EDA staff are actively involved in collecting and obtaining necessary information, our fee can be reduced. If all application responsibilities are ours,the fee will be at the top end of the range. Thank you for the opportunity to submit this proposal. We look forward to discussing it with you at your November 5th meeting. Sincerely, Steven H. Griesert President 5 6. /9, CITY ! - CITY OF SHAKOPEE Memorandum TO: Economic Development Authority Mayor and City Council FROM: Paul Snook,Economic Development Coordinator SUBJECT: Seagate Technology Request for Participation;Proposed Disc Drive Research and Development facility DATE: December 1, 1997 Introduction: Seagate Technology,a data technology company that is the world's largest producer of computer disc drives, is considering a location in Shakopee's Valley Green Business Park (in addition to another site in a nearby community) for a 340,000 square foot, $30 million disc drive research and development facility. The company anticipates bringing 1,276 existing full-time employee and contractor positions to Shakopee. These positions are comprised primarily of professional, managerial,engineers,technicians and support personnel. It is anticipated that Phase I of the project, commencing in spring of 1998, will bring 715 jobs, and a 2-story 262,000 SF research and production facility with an estimated market value of $22.5 million. Phase II, to be completed in the year 2002, will provide 511 positions, and an 80,000 SF expansion with an estimated market value of nearly $8 million. The company estimates that during the first twenty-four months of occupancy in Shakopee, forty new full-time positions will be created above the current 1,276. The company is requesting City participation in the development of this project, specifically in the form of Tax Increment Financing and development fee exemptions. Roger Guenette, a consultant with Advance Resources for Development, and representing Seagate, will be at Tuesday evening's meeting to formally present Seagate's proposal, and to answer any questions the Council might have. Background and Discussion: • On November 5, 1997, Seagate Technology approached the City and Valley Green Business Park with a"Request for Participation" for a proposed disc drive research and development facility. This facility, called "Twin Cities Operations", now functions in Bloomington, Minnesota. Seagate needs to build a new facility in order to realize operational efficiencies, and for future expansion. The company has narrowed its site considerations to two, one of them being Shakopee/Valley Green Business Park. segtmmo l.doc Seagate's original request consists of "local effort assistance"for the purchase of the site,waiver of all development-related fees and permit costs,and site preparation costs. Please refer to"Exhibit A"for more details. • On November 14th, City staff and Valley Green staff submitted to Seagate a "Response to Request for Participation". The response consisted of suggesting the use of pay-as-you-go TIF rather than "local effort assistance" because of recent legislation limiting the effectiveness of the latter, and school district participation being limited to a year-to-year basis. The response also outlined how development fees and permit costs would be paid by the City, Valley Green and SPUC, and the building permit fees the company would be expected to pay. Language was placed in the response stating that any representation is contingent upon all necessary public hearings and final approval by both the City Council and EDA.Attached to the response is an estimated market value statement by Scott County,TIF estimates(by Ehlers and Associates...hired by Valley Green), information on the Minnesota Investment Fund, and a letter from Jon Albinson of Valley Green Business Park,outlining their role in the project.Please refer to"Exhibit B"for more details. • Seagate countered with a proposal that substantially reflected the City's and Valley Green's response, with the addition of waiving or otherwise having others pay all Plan Check and Building Permit fees, totaling approximately $132,000. Please refer to "Exhibit C" for more details. Staff originally planned for application to the Minnesota Department of Trade and Economic Development for $500,000 in Minnesota Investment Fund dollars to assist in financing this project. Discussion with DTED has revealed that these funds are not available at this time. Springsted Financial is currently analyzing the TIF numbers for this project; this analysis should be available soon. Action Requested: This is an informational item; no action requested at this time. However, due to the "fast track" timeline of the proposed project(start construction in spring of'98), the company would like to enter into a formal agreement (letter of intent) with the City and Valley Green, based on the company's counter proposal,by mid-December. segtmmo l.doc <r Seagate Technology cg Seagate 8001 East Bloomington Freeway Bloomington, Minnesota 55420 November 5, 1997 gli5iir Mr.Paul Snook Economic Development Coordinator 129 Holmes Street South Shakopee,Minnesota 55379-1351 Re: Request for Participation-Proposed Disc Drive Research&Development Facility Dear Paul: _ Seagate intends to build a new 340,000 s.f.disc drive research and development facility,employing over 1200 people,within the greater Twin Cities area. Shakopee's"Valley Green Business Park-Secretariat Drive"site is one of several final sites under consideration within the greater Twin Cities area. The proposed facility would be built in two phases,on two contiguous parcels of approximately 17-20 acres each. _ Seagate Technology requests the City of Shakopee and Scott County participate in the development of a site in your community. We hereby request that the City/County consider the following participation: 1. As a key element to the City'participation, Seagate requests that the City support the purchase of the two phased purchases of property at Valley Green Business Park;approximately 19 acres each.at a rate equal to the purchase price of the land. To accommodate this request,the city would rebate a portion of Seagate's property taxes over a certain period of years for each of the proposed acquisitions upto the land's purchase price.The City and/or County's participation with Seagate would be for the purpose of reimbursing Seagate for land acquisition,limited site improvements, and associated public infrastructure improvements. 2. In addition to the above rebate,the City/County or other local\public jurisdictio ee to waive all fees and permit costs,including but not limited to the following ' k dedication fees, hool feestreet • improvement fees'storm drainage fees;trunk sewer/water feewer/water hook-up fees,afl-planning review fees,al1.13ublic works fees,all plan check fees,and construction-related permit fees. 3. At this time,it is unknown whether parcelization or sub-division may be required to create the desired parcel(s). The City agrees to waive and all public fees associated with the creation of such legal parcel(s). 4. The City would participate in the costs associated with the sites'preparation prior to Seagate's purchase close of escrow. Specifically,the City would participate in the costs associated with(a)filling and/or surcharging the site, (b)stubbing underground utilities to property line,and(c)undergrounding any overhead utilities. If this proposal meets the City's approval,we are prepared to initiate the preparation of the necessary agreements. Due to the urgency of Seagate's expansion needs,we request a response by Wednesday,November 12th. If you have any questions,feel free to call me at(408)439-7577. Sincerely,, Geoffrey 1. M. er Director of Corporate Real Estat GWM:gwm Confidential Proposed Sequence of Key Events (Revised: November 6, 1997) 1. City/County& Seagate Participation Agreement. City of Shakopee and/or Scott County agree to enter into a contract with Seagate Technology for a private development which provides in reimbursable "Local Effort"assistance in the form of additional city and county taxes. The City and/or County's participation with Seagate would be for the purpose of reimbursing Seagate for land acquisition,limited site improvements, and associated public infrastructure improvements. This reimbursement would be conditioned upon Seagate's close of escrow on the purchase of a site in Shakopee and other conditions as jointly agreed upon. 2. Purchase&Sales Agreement. Concurrent to contract finalization with City of Shakopee/Scott County,Seagate and site owner(s)shall negotiate purchase price,terms,and conditions on the proposed site. One such condition to Seagate's closing on the property purchase shall be the execution of the above mentioned Participation - Agreement between City/County and Seagate Technology. 3. Site preparation prior to close of escrow. Assuming that Purchase and Sales Agreement is executed and purchase occurs in a timely fashion,Seagate desires to commence construction in the spring of 1998. Therefore, it is understood that site must be filled and/or surcharged with additional fill dirt as may be necessary to commence construction in a timely manner. Seller and/or City must agree that to deliver site to Seagate in an "buildable"condition;i.e.—site is filled and surcharged as necessary to commence construction. 4. Seagate commences construction-early Spring 1998. Assuming all the above occur in a timely manner, Seagate desires to commence construction as early as the site is made available and usable. 5. Seagate completes Phase 1 Construction-early October 1998. Seagate completes 260,000 s.f.Phase 1 building shell and takes occupancy of at least 185,000 s.f. immediately. Confidential Seagate Technology Twin Cities Operations ("TCO") Consolidation Proposal Key Facts I. Proposed Facility Size: 340,000 square feet C's.£") Phase 1 -260,000 s.f. (approximately$35- $37 million for shell and fit-up) Ground Floor- 185,000 s.f. (75,000 s.f.office; 80,000 s.f labs/test floors; 30,000 s.f clean rooms) Second Floor-75,000 s.f. (75,000 s.f.office) Phase 2-80,000 s.f. (approximately$10-$12 million for shell and fit-up) Ground Floor-80,000 s.f. (80,000 s.f.labs/test floor) II. Proposed Facility Occupancy Schedule: Phase 1(a)-Goal:Occupancy of Ground floor minimum(ground floor office,labs,test floors,and clean room only)by October 1998. (185,000 s.f.) Phase 1(b)-Goal:Occupancy of second floor office will fill in through 1999-2002 Phase 2-Goal:Occupancy by May 2002. III. Seagate Headcount(employee base) A. Current Employee Count: 1,276 Professional,managerial,and engineers-513 Technicians,support,and labor-498 Contract&Temp labor-265 B. Proposed employee headcount transfer: Headcount moving to a new Shakopee facility upon completion of Phase 1(a): 715 persons - Headcount moving to a new Shakopee facility upon completion of Phases 1(b)&2: 511 persons C. Seagate's visiting engineers(at any one time): 25 -50 visiting Seagate employees Seagate employees visit TCO facilities continually throughout the year. It has been estimated that Seagate has approximately 25-50.visiting employees at any given time(fall&winter holiday periods excepted)who stay at hotels around our existing TCO facilities. This statistic is significant because it suggests that 25-50 new guests would be lodging at Shakopee's hotels each day. Based on a"holiday-shortened"335 day year,that equates to 8,375- 16,750 days lodging per year! ex141.5,1r. SHAKOPEE November 14, 1997 Mr.Geoffrey Mayer Director of Corporate Real Estate Seagate Technology Building 14-Corporate Facilities 4575 Scotts Valley Drive Scotts Valley,CA 95067 Re: Response to Request for Participation-Proposed Disc Drive Research &Development Facility Dear Mr.Mayer, This letter is in response to Seagate's Request for Participation for the development of a site for a new 340,000 s.f. disc drive research and development facility to be located in Shakopee's Valley Green Business Park.The structure of this letter addresses Seagate's request point by point,as presented to the City of Shakopee, Scott County,Valley Green Business Park and Shakopee Public Utilities Commission on November 5, 1997. This proposal is contingent upon all necessary public hearings and other requirements as established by Minnesota Statutes, and final approval by any participating public bodies, including the Shakopee City Council and Economic Development Authority. 1. LAND ACQUISITION Seagate Request Seagate has requested that the City and/or County support a two-phased purchase of property in Valley Green Business Park, approximately 23 acres for each Phase 1, and 11.2 acres for Phase 2, at a rate equal to the purchase price of the land, and that the City accommodate this request through rebating a portion of Seagate's property taxes over a certain period of years for each of the proposed acquisitions, up to the land's purchase price. City of Shakopee Response The property tax rebate program available in Minnesota is known as"Local Effort Assistance". Recently passed legislation has limited the use of this program, making tax increment financing a more useful financing tool for economic development projects. In addition, school district participation in"Local Effort" is limited to a year to year basis. COMMUNITY PRIDE SINCE 1857 129 Holmes Street South Shakopee,Minnesota 35379-1351 - 612-445-3650 FAX 612-445-6718 SEGTRQST.DOC/PCS 1 • LAND ACQUISITION(continued) The City of Shakopee proposes the use of tax increment financing(TIF)to assist Seagate in the acquisition of a fully-improved,ready to develop site at Valley Green Business Park.The cost of the site including all improvements is estimated at$2.85/s.f.,with a total estimated cost of$4,247,640. Assuming the Seagate project is approved by the City Council for TIF assistance,estimates of the annual increment generated from the proposed development are summarized in Attachment B.The calculations provided are based upon the following assumptions: • If tax increment is offered,a"pay as you go"program would be the mechanism used. • The project would qualify as an Economic Development District because of the manufacturing, -- research and development functions of the proposed facility. • Assuming Phase 1 completion to be 100%on January 2, 1999,the year 2000 would be the first taxable year. • The estimated taxable market value of Phase I has been assumed to be$22,528,550.The total estimated taxable market value upon completion of Phase II has been assumed to be$30,335,000.To understand how the value of the new facility was arrived at,please refer to Attachment A, Scott County Assessor's"Estimated Value for Seagate's Proposed Facility". Assuming the purchase of approximately 34.2 acres,the total amount of increment that Seagate would receive for both phases over a nine year period is estimated at$6,654,913.At present value,the increment is estimated at$4,122,830. The site under consideration is not within an existing tax increment fmancing district. Thus,the legal process for the creation of a new TIF district would need to be completed by the City Council to establish the subject property as an economic development district. The creation of a district is a process defined by state statute that includes a public hearing before the Council.The entire process to establish the district would take approximately 90 days from the submittal date of the TIF application. OTHER FINANCING Minnesota Investment Fund(MIF) Minnesota Department of Trade and Economic Development(DTED) Seagate's project may qualify for this program.Its purpose is to create new or retain existing jobs and stimulate new private investment.DTED would participate in this project based on Seagate's net job growth in Minnesota attributable to this project. The program would function as a grant from the state to the City of Shakopee,who then would make a below market rate loan to assist Seagate. The funds can be used for land,buildings and equipment. Part of MIF dollars can also be used for the City's required local contribution in tax increment financing.The maximum available is $500,000. If Seagate and the City agree that MIF would be beneficial to this project,the City intends to apply for the full $500,000. Please refer to Attachment C for more information. S EGTRQST.DOC/PCS 2 2. WAIVER OF FEES AND PERMIT COSTS Seagate Request: Seagate has requested that the City,County or other local public jurisdictions agree to waive all fees and permit costs, including but not limited to the following: park dedication fees,school fees, street improvement fees, storm drainage fees,trunk sewer/water fees,sewer/water hook-up fees,all planning review fees,all public works fees,all plan check fees,and construction related permit fees. City of Shakopee.Valley Green Business Park.and Shakopee Public Utilities Response: The City,Valley Green,and Shakopee Utilities propose the following funding participation: FEE VALUE PAID BY Park Dedication Fees $153,000 Valley Green Trunk Water Fees $25,200 Valley Green Storm Sewer Trunk Fees $296,000 City Eng./Grading Fees for Site Prep $200,000 City Undergrounding of electric line $40,000 SPUC School Fees None Street Improvement Fees Valley Green Seagate would be required to pay all building permit fees,normally applicable to the construction process including sewer and water access fees,plan review fees,plan check fees,and construction related permit fees. *For more on fees,please refer to Attachment D, letter from Jon Albinson/Valley Green Business Park,to Paul Snook/City of Shakopee. 3. WAIVER OF PARCELIZATION FEES Seagate Request: Seagate has requested that the City waive all parcelization or sub-division fees associated with creating the desired parcels. Valley Green Business Park Response: Valley Green Business Park will pay these fees as part of the required land development process. * Please refer to Attachment D, letter from Jon Albinson/Valley Green Business Park,to Paul Snook/ City of Shakopee. 4. SITE PREPARATION COSTS Seagate Request: Seagate has requested that the City would participate in the costs associated with the sites' preparation prior to Seagate's purchase close of escrow. Specifically. The City would participate in the costs associated with a.) filling SEGTRQST.DOC/PCS 3 SITE PREPARATION COSTS(continued) and/or surcharging the site,b.)stubbing underground utilities to the property line,and c.)undergrounding any overhead utilities. Valley Green Business Park Response: Valley Green Business Park will provide a"ready to build"site in their transaction with Seagate that will accommodate Seagate's request. *Please refer to Attachment D,letter from Jon Albinson/Valley Green Business Park,to Paul Snook/ City of Shakopee. The City of Shakopee is very enthused about the possibilities of Seagate's potential location in Shakopee, and feel that our community, and specifically the site at Valley Green Business Park, offer the highest quality setting for Seagate's Twin Cities Operations. Sincerelet, -, Paul Snook Economic Development Coordinator SRGTRQST.DOC/PCS 4 9.1/14/97 FRI 11:25 FAX 16124968257 SCOTT COUNTY SVCS Q1002 SCOTT COUNTY ATA-giq ;;����r a<, ASSESSOR COURTHOUSE 112 428 HOLMES STREET SOUTH SHAKOPEE, MN 55379-1381 (612)496-8115 GARY L. CUNNINGHAM Fax: (612)496-8257 COUNTY ADMINISTRATOR LEROY T. ARNOLD! ASSESSOR SEAGATE TECHNOLOGIES November 14, 1997 Estimated Value Update for Proposed Research and DevelopmentEacility BUILDING DESCRIPTION: Total Finished Area upon completion of Phases I and II: 340,000 square feet Phase I Area: 260,000 s.f. [75,000 s.f.office,80,000 s.f. labs/test area, 30,000 s.f clean rooms(all on ground floor)] [75,000 s.f.office(on second level)) Phase II Area: 80,000 s.f. labs/test area(all on ground floor) Site: 35.00 Acres located in Canterbury Park 2nd Addition to Shakopee Zoned PUD BUILDING DESCRIPTION: Basically a square building,high-tech look,glass curtain wall facing freeway,24'clear height with 28' -30' total height,tilt-up construction,sprinklered with a wet system,5M-6M Amp.electrical service Value Calculations: [From Marshall Valuation Manual, Sec. 14 Page 16,Class"C"Excellent.] Gross Building Area=340,000 s.f. Perimeter=2060 1.f. Phase I. Ground Floor 185,000 s.f. @$84.02 x 1.357 (Ht.) x .86(Perimeter) = $98.05 Sprinklered = $ 1.42 Total = $99.47/s.f. An Equal Opportunity/Safety Aware Employer 2 _r. 1/14/97 FRI 11:25 FAX 16124968257 SCOTT COUNTY SVCS @1003 185,000 x$99.47 = $18,401,950 Second Floor 75,000 s.f. @$26.16+$1.42 = $27.58/s.f. 75,000 x$27.58 = $ 2,068,500 Total Phase I Building = $20,470,550 Land: 35.00 Acres [valued as commercial land adjacent to Shakopee Bypass,with adjustment for size] Land:35.00 Acres @$58,800 = $ 2,058,000 TOTAL PHASE I LAND AND BUILDING• = $22,528,550 TOTAL VALUE WHEN PHASEIIIS COMPLETED: 265,000 s.f. @$97.48+$1.42 = $98.90 265,000 s.f. @$98.90 = $26,208,500 75,000 s.f.@$27.58 = $ 2,068,500 Total Building Value = $28,277,000 Total Land Value = $ 2,058,000 TOTAL VALUE FOR PHASE I&PHASE II = $30,335,000 Amount Attributable to Phaseii = $ 7,806,500 3 NOV 14 '97 12:27PM Eta. �' LERS & ASSOCIATES P.2,5 m e. .. a. 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CC 66p .- ,- (V N ri (n V •=r.46 (0 Ki(o I N m CO m CA aO - r,- I N w l_-.� 5 - - "j `raae and Economic Development(DTED) _ ' Business and Conununity Development Division /171**1 I j/,/ 500 Metro Square 121 7th Place East •. ctwini� �. Saint Paul,MN 55101-2146 612/296-5005(Metro area) - .s °� 1-800-657-3858(ToU free) ;�, . Fax:612/296-5287 TTY/TDD:612/282-6142 •.4red,Q 411 Economic_Development Program(t4 'q filWitiedr )14) • Program purpose: To create new or retain existing jobs and stimulate new private investment when other private or public sources are unavailable. • How it works: Grants are awarded to general-purpose local units of government,who then make gap-financing loans to assist new or expanding businesses. . Eligible applicants: Cities,counties,townships and recognized.Indian'tribal governments. Minimum . All projects must meet a minimum score based.on private investment and the requirements: number of jobs created or retained. Eligible projects: Loans for land,buildings or equipment are eligible.Loans may also be used for infrastructure improvements necessary to support businesses located or intending to locate in Minnesota. Ineligible projects: Requests for working capital loans,retail development or the development of new industrial parks will not receive priority consideration. Maximum available: $500,000. Only one grant per state fiscal year can be awarded to a government unit. Other funds required: At least 50%of total project costs must be privately financed through owner equity and other lending sources.Most applications selected for funding have at least 70%private financing. Interest rate: Negotiated. Terms: Real estate-at maximum of 20 years,machinery and equipment at 10 years. Collateral Negotiated. Personal guarantees may be required. • requirements: Applications accepted: On a year-round basis using the Business and Community Development application. Approving authority: Department of Trade and Economic Development. Disbursement of funds: As costs are incurred but prorated with other sources of funding. Contact: DTED/Business Finance Unit at 612/296-5337 or contact your regional representative. 11-94-500 4 s) . . . • •L., . - --rm,„........-r . - 1f24--"'-', 1-r,2.71:;.4 a' ,-e , , Iv November 14 :.,..... �_. ".Creen , 1997 BUSINESSPARK - Mr. Paul Snook Economic Development Coordinator CITY OF-SHAKOPEE' 129 South:Holmes Street Shakopee, MN 55379 Re: Seagate Proposal Dear Paul: Valley Green Business Park is pleased to provide the following proposal to sell a prime, high visibility site to Seagate consisting of approximately 34:36 acres,28.66 acres owned by Valley Green Business Park,with the remaining.5.7 acres owned by the Minnesota Department of Transportation("MnDOT") We have met with _ Marvin Martin of MnDOT and have defined a workable transfer of ownership to Valley Green Business Park. Based on the site requirements defined by.Seagate,we are comfortable that our proposal will accommodate their current and future development needs: Seagate can assume that they will be purchasing a"ready to�• develop"parcel,gradedto a pre-engineered elevation,with all utility services provided to the'site. Soils will accommodate-hearing capacities for the proposed structure. • Valley Green Business Park will coordinate and assemble the site,replatting the parcel into two lots, one lot of approximately 23 acres(Phase 1 site), and the other 11.2 acres (Phase 2 site). The attached survey has been marked up to better define the parcels. The purchase price will be$124,200 per acre. We can accommodate Seagate'spurchase of Phase 1 in the spring of 1998, with the Phase 2 land closing under a Contract for Deed contemporaneously with the closing of the Phase 1 land. The Contract for Deed on Phase 2 will be structured with a down payment of 10%of the Purchase Price,the balance being paid in 24 equal monthly installments at an interest rate of seven and one-half percent(7%%). Valley Green Business Park will complete the development of this parcel of land with the following improvements, which should be considered as part of the Purchase Price: 1. ' Rebuild the northerly access roadway(currently an entrance drive to the Canterbury Park Racetrack) - from its current ruralroadwaydesign toan urban section, including curb and gutter. This will be done cooperatively with Valley Green Business Park paying 50% of the cost and theCity paying50/ . 2. Fill the site to a pre-engineered elevation with bearing capacities equal to or exceeding 2500 psf. 3. Complete the construction of Secretariat Drive north to connect in with the rebuilt Canterbury Park roadway. 4. Complete Vierling Drive from County Road 16 to the rebuilt Canterbury Park roadway. New and rebuilt roadways will include all necessary utility infrastructure, as defined and required by the City. C:\Sharc'Projects\Scagatdz to PSnook rc VGBP proposal.doc 5240 Valley industrial Boulevard South *Shakopee MN 55 379•Telephone:(612)445-9286•Fax (612)904-6875•E-Mail:jalbinson@ValieyGreen.corn • Mr. Paul Snook Page Two • November 14, 1997 5. Underground the above-ground electrical distributionline that currently runs through the property. 6. Install street lighting systems on Secretariat Drive and the Vierling Drive extension at the expense of Valley Green Business Park,with costs for the street lighting required on the rebuilt Canterbury Park roadway shared 50/50 between the City of Shakopee and Valley Green Business Park. 7. Pay Park Dedication Fees for the site($4,500:per acre). 8. Pay Trunk Water Fees on the site($741 per acre). 9. City of Shakopee to waive any Storm Sewer Trunk Fees that may be applicable to this development ($8,712 per acre). It is,therefore, assumed that the storm drainage requirements defined for this parcel will be the responsibility of Valley Green,and installed as a part of our site development costs. 10. Valley Green will contract with WSB, the.City's engineering consultant, for all final engineering and grading design work required for the development. This will be completed under review of the City, with the City's final approval. 11. City of Shakopee to waive the 7'/2% fee'applicable to the land development costs. 12. All delivery times are subject to force majuere. The proposal defined herein assumes that Seagate willhave a ready-to-develop site, with all platting/subdivision processing fees being the obligation of Valley Green Business Park. We will provide Seagate clear title with a Warranty Deed. The total purchase price will be$4,247,640 payable as follows: Phase 1 purchase: Approximately 23 acres - $2,856,600 payable at closing on or about April 1, 1998 Phase 2 purchase: Approximately 11.2 acres - $1,391,040 payable as follows: $139,104 payable upon closing the Contract for Deed, on or about April 1, 1998, with 24 equal monthly payments of$56,336.61. The Contract for Deed is proposed as a two year self-amortizing Contract with interest at 7'/z%. Upon final Contract payment, Valley Green Business Park will provide Seagate a Warranty Deed to evidence title on the Phase 2 land. C:\Share\Protects\.Scagate\s to PSnook rc VGBP proposal.doc • "tea Mr. Paul Snook Page Three November 14, 1997 We have carefully reviewed the development requirements and believe our proposal accurately represents a transaction on which we can perform. We have included a variety of expenses that would normally fall to Seagate's development, payable at the time of building permit(Park Dedication Fees, Storm Sewer Trunk Fees, etc.) in our development cost structure so these costs do not fall to Seagate. Other development expenses have been suggested in our proposal as appropriately waived by the City. In doing so, we have been able to hold our price as defined. In the event the City is unwilling or unable to waive these fees, the Purchase Price defined herein will need to increase accordingly. Valley Green Business Park is very enthusiastic about the opportunity of having Seagate locate in the Park and in the community. They will be a valuable asset to the entire community,and will find the Park and the community an excellent place in which to do business. With the strong public/private partnership between the City of Shakopee.and Valley Green suggested herein,we will be successful in attracting Seagate to our Community. Respectfully, V•,tI_ Y GREEN BUSINESS PARK J- R.Albinson 'roject Director JRA:jmc C:\Share\Projects\Scagate\x to PSnook re VGEP proposal.doc *Si 9 VI 3„ 0 tv. u (-. .....4 4. v (Th....„ (1-.... 6-- % ---- t 3 - CO (IS Cif t"1 N ,II • 'CI 0 • bo ••••••••.. ....... ...--. 9 C.24_.. --,. ' ( '2 ..,...;_l_.(1/ .r-v.1 I,..ri . I\-‘AA .fl I IALNI\J Z v. V 4. ,-,I V 1 V 1C.1 .,v/vt ...7•,.., .6....,66.2 — ..irm I%-•I rN„,;--ki,...,\J I _in I.I:VAI I\V/4-0/1 ,../.^;:-.7..,VIM _ 1--— ..I\- .J-V.1.. ,..,,.....:1 V V,-.4.1- -IV -1-1 V-1 i_t...t...v(..-1,1 V..1..,-,-..--11 NI 4,,,r, alb Oo clo P -... (-< cr-.• .. , --. ..9 0 N. 1 ..-K "i. ,-:.`fttl: •• ' , , ' I cb cc, ---- -:','..-.:-•/4'-',471,'-' i" ., . ', Y,-,.. t I 63o4%),0101,4 kr:,M 10145k1 uo9DPodsuo-U Jo - '. A\/, i • 1 ,ri2.VV.11,,ttj?3•19d I°Gu9 Is-GM . '''',,::"1 I i 1 -''.:V.O.Alt:VS'. ' . ' . 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I : a ,,, , 6,, a i6„; 41 1C3J- u-1 / -E. .. I , 4 • I igi , l_..)<( k.C) '': -a ‘C \ M 00 Ot.g N I7.-- '.k , _...,,,,,,......., ,-yr...:.., , . .., --,. . ,‘,... -„ ,, . ,1„...,,limpir -,,-:, • 1 , . - ii:) 11 .v-• r., .. ... N.:. . I • I.- s r": 'I.‘, V)gi b I 1.3 1 .._ 1 i it 1 i...11 Seagate Seagate Technology 920 Disc Drive Scotts Valley, California 95066-4544 November 25, 1997 gXHISrr Mr. Paul Snook Economic Development Coordinator City of Shakopee 129 South Holmes Street Shakopee,MN 55379 And Mr.Jon R.Albinson Project Director Valley Green Business Park 5240 Valley Industrial Blvd. South Shakopee,MN 55379 Dear Paul and Jon: On behalf of Seagate Technology,I am pleased to indicate the company's desire to execute formal commitments for the acquisition and development of property in Valley Green Business Park in Shakopee, MN. As you are aware,we have expended a great deal of time and effort investigating site options for the proposed 340,000SF consolidation/expansion of our disc drive research and development facility. Based upon our review of the information that has been collected,we believe that the Shakopee site will afford excellent opportunities and mutual benefits to the City,Valley Green and Seagate Technology. As previously represented, Seagate Technology will initiate construction in the spring of 1998 on a 2- storey,262,000s.f.research and production facility(Phase I)at an estimated market value of$22,528,550. An expansion of 80,000s.f.(Phase II)will be developed in 2002 at an estimated market value increase of $7,806,450 resulting in a cumulative estimated market value of$30,335,000. To operate these facilities, the company will transfer approximately 1,276 existing full-time employee and contractor positions(715 persons—Phase I,and 511 persons—Phase II). These jobs are primarily comprised of professional, managerial,engineers,technicians and support personnel. Seagate anticipates that approximately eighty (80)positions will turnover through attrition during the first twenty four months of our occupancy. In this same period,forty(40)new full-time positions will be created above the current 1,276 labor count. To formalize our commitment to this endeavor,we will draft an appropriate purchase agreement and related development agreement for your review. In order to meet our requirements and timeframe for development, it is imperative that the necessary actions occur on an aggressive schedule. The conditions upon which our formal commitment is predicated are as follows: • Acquisition and closing approximately 34.3 acres of property in Spring, 1998 in Valley Green Industrial Park as defined in the November 14, 1997,correspondence between Jon Albinson and Paul Snook(See Exhibit A attached). The purchase price($4,247,600)and terms pertaining to the land transactions as referenced therein are acceptable. • The site must be filled and improved to a pre-engineered elevation with parking,driveways, loading areas and building footprint(Phases 1 &2)necessary to develop and sustain appropriate load bearing capacity for vehicle traffic, freight transportation and a 2-story office/research and development facility at no additional cost to Seagate Technology. This work should begin immediately upon execution of a Purchase Agreement with Valley Green Business Park. Messers, Snook and Albinson November 25,1997 Page 2 • Valley Green Business Park and/or the City of Shakopee will undertake or cause to be completed the following activities in regard to the site at no cost to Seagate Technology: ---Rebuild the northerly access roadway(currently an entrance drive to the Canterbury Park Racetrack)from its current rural roadway design to an urban section, including curb and gutter. ---Complete the construction of Secretariat Drive north to connect in with the rebuilt Canterbury Park roadway. ---Complete Vierling Drive from County Road 16 to the rebuilt Canterbury Park roadway. ---New and rebuilt roadways will include all necessary utility infrastructure,as defined and required by the City of Shakopee. --- Install street lighting system on Secretariat Drive,the Vierling Drive extension and the rebuilt Canterbury Park roadway. ---Wave any fees of assessments relating to street lighting,semaphores or intersection signalization. ---Pay the Park Dedication Fees for the site,and pay the Trunk Water Fees for the site. --- Waive Storm Sewer Trunk Fees and provide storm drainage systems acceptable to City of Shakopee standards for the site. ---Waive the 7.5%fee applicable to land development costs. --- Implement a pay-as-go tax increment financing economic development district providing Seagate Technology with an annual rebate income stream of approximately$332,746/year in 2000 through 2003 and$451,482/year in 2004 through 2008 for a total net present value benefit of$4,247,640 based upon a 7.5%interest factor(pursuant to the estimated TIF schedule attached—Exhibit B). --- Provide$500,000 in low interest loan proceeds via Minnesota Department of Trade And Economic Development,Minnesota Investment Fund at 0% interest,5 year term to be secured by machinery and equipment to be designated by Seagate Technology. To the extent that the company meets the stipulated employment transfer thresholds(1,276)and job creation thresholds within 24 months of occupancy of each Phase of the facility,the City will forgive $250,000 or a pro rata share of the total loan amount. ---The City warrants that cumulative SAC/WAC fees relating to the proposed facility will not exceed$265,000. - - The City agrees to waive or otherwise have others pay all Plan Check and Building Permit fees in addition to those fees and permits previously identified in this letter and the 11/14/97 letter. --- Valley Green pledges to work with officials and/or contractors of Seagate Technology to coordinate grading and site preparation activities in order to minimize development costs of the proposed facility. Messers, Snook and Albinson November 25,1997 Page 3 Seagate Technology recognizes and appreciates the efforts of the City of Shakopee and Valley Green Business Park in bringing the concept of this proposed development to the threshold of realization. We know that all of us must work together to formalize the proposed partnership in a timely manner so that implementation activities may begin in earnest. Through the defined project and operation of the facility, Seagate Technology will be directly responsible for the investment and generation of hundreds of millions of dollars into the local economy. It is due to these economic impacts and the substantial private expenditures required that has caused Seagate Technology to seek fmancial support for this development. Our market and competition are global in scope and thus partnerships such as are proposed herein are essential to our long term success and development. It is our sincere belief and hope that the City and Valley Green view our proposed project and commitment as a"win-win"situation that will be heartily embraced. Seagate Technology looks forward to the prompt implementation of this project and a long term mutually beneficial relationship with the City of Shakopee and Valley Green Business Park. We would appreciate a prompt response from both parties so that our representatives may prepare the necessary agreements for your review to consummate the transactions. • Sincerely j Geoff., . Mayer r Direc or of Corporate Real Estate Seagate Technology - Nuv-21-1997 18:09 t-KurI 14llv1-lNLt INC— IU 14084•S8b1 fd N.05 , ' • - EXiillSl'1• A Va11y ( :. ..•. . ._ . . Na�err.bcr 1 s,•7 997 . BUSINESS P,4F�K Mr. Paul Snook - • — -• - Economic Development Coordinator . CITY OF SHAKOPEE ' - • ' 129 South Holmes Street • • Shakopee. MN 55379 Re: Se.igate Proposal Dear Paul: . Valley Green Business Park is•plased to provide the following proposal to sell a prime.high visibility site to • Seayvte consisting of approximately 34.35 acres.25.66 acres owned by Valley Green Business Park.with the • remaining 5.7 acres owned by the Minnesota Department of Transportation ('•MnDOT'). We have met with Marvin Martin of MrtDOT and have defined a workable transfer of ownership to Valley Green Business Park. Based on the site requirements defined by Scag.aea we are comfortable that our proposal will accommodate their current and future development needs. S"vs ate can assume that they will be purchasing a "ready to develop"parcel.graded to a pre-engineered'elevation,with all•utility Services provided to the site. Soils will eccomirtodatc•bearing capacities for ihe•proposcd structure. valley Green Business Park will coordinate and assemble the site,repla=cing the parcel into two lots.one lot of approximately 23 acres (Phase I site),and the other 11.2 acres(Phase 2 site). The anached survey has been marked up to better define the parcels. The purchase price will be 3124.200 per acre. We can accommodate Se aaaerespurchasc of Phase l in the spring of 1998.with the Phase 2 land closing under a Contract for Deed contemporaneously with the closing of the Phase 1 land. The Contract ror.Dced on Phase 2 will be structured with ai:down payment of 10%of the Purchase Pries;the balance being paid in 24 equal monthly installments at an interost rate otseven and one-half perecimt(7%a%). . • valley Gicen Husiniss•Park will coimtpleie t ie de.-clepment of this parcel of land With the following improveements,-which should be considered as part Of the Purchase Price: 1. • '3tebuild the northerly access roadway(currently an entrance•drive to the Canterbury Park Racetrack) - • frarri its current rural roadway tlsign io•an.urban Section,including curb and gutter. This will be.done . cooperatively with Valley'Green Basiness Park paying 50%of the cost and the City paying 50%. Z. • Fill'the site to a pre-engineereri.elevativn with bcaring.capas ities.equaI to.or exceeding 2500 psf. .• •• 3. ••. Complete the etuisttuction ofSecietariat Drive north to cvrtnect its with the•rebuilt.Canterb• ury Park . - •, . • .•roadway.. • . - . 4. Conipletc•Vierling:Drive from County Road 36 io the rebuilt Canterbury Park roadway. New and . • • ' ,; rebuilt ioadways will include-all necessary utility infraktructure.as defined and required by the City. .. • ...s....:...79.7'....�6"... - . • Sit/0 Vs.tier-frith-mu 41 Hat,rovr*d Sat,h. hr+k_Dcc.MP-4579.Telethons:(sit)4'5.9285•Far:tStZ)ooc•5875-E-Mail.ialbir,ion o Vallrytaresn.CDrn . I.Vv-el-177 r lo-uv•uv rKU1'I NUUNNl.t t NI.. I U 14+U0,4-3 501 (G r.l'Jb • S . . . • • . . . . • . . . . . . .. •• .. . . Mr. Paul Snook • • , • • Page Two November 14. 1997 • •- -. • - " 5. Underground the above-ground electrical distribution line that currently runs through the property. 6. Install street Iighting systems on Secretariat Drive end the vierling Drive extension at the expense of Valley Green Business Park,with costs for the street lighting required on the rebuilt Canterbury Park roadway shared 50/50 between the City of Shakopee and Valley Green Business Park. 7. Pay Park Dedication Fees for the site•(54,500 per acre). a. Pay Trunk Water Fees on the site(5741 per acre). 9. •City of Shakopee to waive any Storm Sewer Trunk Fees that may be applicable to this development (53.712 per acre). It is,therefore.-assumed that the storm drainage requirements defined for this parvol will be the responsibility of Valley Green,and installed as a part of our site"development costs. 10. Valley Green will contract with WSB, the City's engineering consultant for.all final engineering and grading design work required for the development. *This will be completed under review of the City. with the City's final approval. 11. City of Shakopee to waive the 7%s% fee applicable to the land development costs. " 12. All delivery times arc subject'to force majpere. . The proposal defined herein assumes that•Scayaaewill have a ready-to-develop site, with all platting/subdivision-processing fees being the obligation of Valley Green Business Park. We will"provide Scvgateclear title vytith a Warranty Deed. . . • •• • - • The total purchase rice will be•54.247,640 payable.as'follows.. . ' . • Phase 1 purchase: Approximately Z3 acres.-'52,856600 payable at closing On or about"April 1, 1998 -phase 2 purchase: - Approximately 11.2 acres-51;391,040•payable as.follows: •5139,104 payable upon closi;tg tLtc.Contract•for•Deed.on:orabout April 1 .1998--with 24equal " •monthl'y`paymerjts ti 556,336:6 .1 :"The Contract for-Deed•isproposed as a two • . " ' year self-amortizing--Contract with interest at 75D/o• Upon final Centraer • payment. Valley-Green Business Park will provide.s sshit►sa Warranty•Deed _ • to evidence title on the?hast 2 land. _' IF rs...r.r rGr par.j i. NUJ-21-1997 1b:J. i-muri NLVMIVI c. I•.�.. •.. _- - . . • . .. iso , • _ • • . . • . • . . . . . . • Mr. Paul Snook . • . • Pa• ge Three _ Novernbcr•l4'-1997' . • . . . • • . We have carefully reviewed the development-requirements and believe Our proposal accurately r�epresents a transaction on whiai we can perform. We have included a variety of expenses that wnuld normally falrto Sea ter%development. payable at the time of building permit(Park Dedication Fccs. Storm Sewer Trunk Fees.etc.) in our development cost structure so these costs do not fall to.S r pate Other development expenses have been suggested in our proposal as appropriately waived by the City. In doing so. we have been able to hold Our price as defined. Inthe event the City is unwilling or unable to waive these fees. the Purchase Price defined herein will need to increase accordingly. • . Valley Green Business Park is very enthusiastic about the opportunity of having Seagare locate in the Park and in the community. They will be a valuable asset to the entire community, and will find the Park and the community an excellent place in which to do business. With the strong public/private partnership between the City of Shakopee and Valley Green suggested herein, we will be successful in attracting Searale to our Community. Respectfu f ly, N/ •• Y GREEN BUSINESS PARK J R. Albinson roject Director - JRA:jrnc • • r-awr,.oa..s..,...� OS...W.•.vq.e w�.+-� . NUV-21-199"I 16:Do rr<uri HLVHNLt INA—. 1u .144uau.)tso1(G r.tit6 EXHIBIT B • i :. w rra�a MMW S .. c> oa El II 88888 co Y o: EA m h o w 1Ti 0.0. d ri i a I! cr.:ti 1^-0 X33 .o Qn.. +X� v vic; ,�,Q,� 15 sp.! R V . A.i %I ,?g g �Sr;.c �r�sY ,$iiI Z�,'W "r ' 7 4w S C r� r S t r� ' W i t xV gtgl rb 81,46.:ti ,00 i • Z I i / X Vy L 7C ti_ V y y _ H ti = am I.; I of p C 'Iii I � v- o $ p 5.! !? . . c.2 -1 - ,,,,.. mi 81 a. . - li # d am II tO 1-II i.m . r -, � Q a • 111111 revr [F— t3 it t , • g s ,')'J—G1-.L V y( 10.11 ml..., -jj -wl.,C ,ivk_,. 1'.VO'+JOO1.C r.C/7 't 4 v IrrI QQf+ p (pQ/ (pQy{�*pJf(Qpm {QQ� {QQp AQQ AOO b CO Q9CO- TE O^ .., -,....5?V,W 4N ON N[V N it V .'•1 1 lV lw"F., �V i�(1, Q C`I r __ T I i t� Q Q,0 0 0 0 Q 4 4 4 i.;,- 0 Oy O q O N g so O v S os1v g23 S 2 3 El epo El�3�15g f 1 Q .n or;c4 .rte�1lOCSg.no+nOuspter e.no4)CR. 71111 1! 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EE t v 0 — .r •Y{V v+.'f 'N +.6 U".fD .O r h ed eD co O o 0 TOTAL P. 11 SPRINGSTED PubficRranceAdvizts EXTERNAL MEMORANDUM TO: Mr. Paul Snook ((bb fi�t/ FROM: Paul Donna Tom" Nick SkaricJ DATE: December 2, 1997 SUBJECT: City of Shakopee Seagate TIF Analysis 634 0-dee'S VAScociaVe The results of the Seagate TIF calculationsapp pear to be accurate based upon the assumptions given, though in moving forward, special attention should be given to the following items: The State Auditor deduction, though minimal (0.1%), has not been included and should be reflected as an expenditure.,The local contribution and Cityadministrative percentages are applied to the9 ross increment after the State Auditor deduction. It appears that two of the parcels will be re-platted. The values of these re-platted portions should be confirmed, as the original base value of the TIF District will affect the amount of tax increment generated. The base inflation factor is assumed to be zero. This could possibly be, but should be verified as a precaution. A potentially high inflation factor could have a severe impact on the tax increment generated. The projected tax extension rate and fiscal disparities ratio both appear slightly conservative resulting in an accurate reflection of potential tax increment generation based on current commercial class rates. With legislation leaning towards a further reduction in the commercial class rate (4% to 3.5%), it might prove to be a safer approach to use this lower rate when calculating tax increment on these types of projects. cc: David MacGillivray Confidential Seagate Technology Twin Cities Operations ("TCO") Consolidation Proposal Key Facts I. Proposed Facility Size: 340,000 square feet("s.f.") Phase 1 -260,000 s.f. (approximately$35 $37 million for shell and fit-up) Ground Floor-185,000 s.f.(75,000 s.f.office; 80,000 s.f.labs/test floors; 30,000 s.f.clean rooms) Second Floor-75,000 s.f. (75,000 s.f.office) - Phase 2-80,000 s.f. (approximately$10-$12 million for shell and fit-up) Ground Floor-80,000 s.f. (80,000 s.f.labs/test floor) II. Proposed Facility Occupancy Schedule: Phase 1(a)-Goal:Occupancy of Ground floor minimum(ground floor office,labs,test floors,and clean room only)by October 1998. (185,000 s.f.) Phase 1(b)-Goal:Occupancy of second floor office will fill in through 1999-2002 Phase 2-Goal:Occupancy by May 2002. III. Seagate Headcount(employee base) A. Current Employee Count: 1,276 Professional,managerial,and engineers-513 Technicians,support,and labor-498 Contract&Temp labor-265 B. Proposed employee headcount transfer: Headcount moving to a new Shakopee facility upon completion of Phase 1(a): 715 persons - Headcount moving to a new Shakopee facility upon completion of Phases 1(b)&2: 511 persons C. Seagate's visiting engineers(at any one time): 25-50 visiting Seagate employees Seagate employees visit TCO facilities continually throughout the year. It has been estimated that Seagate has approximately 25 -50 visiting employees at any given time(fall&winter holiday periods excepted)who stay at hotels around our existing TCO facilities. This statistic is significant because it suggests that 25-50 new guests would be lodging at Shakopee's hotels each day. Based on a"holiday-shortened" 335 day year,that equates to 8,375- 16,750 days lodging per year! APPLICATION FOR BUILDING PERMIT 06 6 , City of Shakopee .�jC� 129 South Holmes Street Shakopee,MN 55379 rgi Es ri Marrs 612496-9676 Fax 612-445-6718 B.P.NO. APPLICANT TO COMPLETE NUMBERED SPACES ONLY 9. BLDG.WIDTH BLDG.LENGTH BLDG.HEIGHT NO.OF STORIES 10. ESTIMATED COST OR VALUE $ gat P /7, 00 O Zone Type of Const. Total Sq.Ft. Occupancy Group Max Occ.Load Fire Sprinklers Regd. O Yes O No LIMITING CONDITIONS/COMMENTS APPLICATION APPROVALS COMMUNITY DEVELOPMENT DEPARTMENT DATE ENGINEERING DEPARTMENT -DATE- BUILDING DEPARTMENT DATE -ro--to..: it 132,or? NOTES TO APPLICANT: PERMIT `I,f po BP 1. Separate permits are required for electrical,plumbing,mechanical,sewer water service and individual sewage treatment systems. C.O.CHARGE c- a► aDie "97a y6.so CO 2. This permit becomes mill and void if work or construction authorized is not s'o PLAN CHECK $ PC commenced within 180 days,or if construction is suspended or abandoned for a 1�, 3 g. PAD C period of 180 days at any time after work is commenced. 5a a5,°° 3. Two sets of plans and specifications must accompany GRADE/SURVEY CHECK $ 30,00 00 GF ceomPaz►Y eachl�t application 4. Include a survey of the property upon which the proposed construction is to PARK AND LAND $ PK be done:prepared by a registered surveyor,unless exempt by City Code, WATER AVAILABILITY CHARGE Q providing the following information �` W! o° WC a. Scale of drawing and north arrow,legal description of property and all dimensions. MCES SEWER AVAILABILITY CHARGEE t5 F� $J '$ MS b. Location of all existing buildings and location of proposed construction y�wilts 1�3 ��o0 CS o. Setback dimensions of buildings located on adjacent lots and location of CITY SEWER AVAILABILITY CHARGE $ ' all easements I y I IIti{s 56,yore.c° d. Grade elevations at: (assumed datum may be accepted) i 5 4C INDIVIDUAL SEWAGE TREATMENT SYSTEM $ WS 1. Each lot corner(both existing and proposed) 2. Crown of street at each lot line extended c/y00- - ' OTHER BP 3. Top of curb at each lot line extended 4. Proposed lawn and driveway elevations STATE SURCHARGE 5. Top of foundation and garage floor $ �S l/2 e. The proposed disposal of surface waters indicating direction drainage TOTAL: l.✓ by arrows. $6356 l g. 5. Comply with City Code Prohibitions and Limitations of construction on City or SPUC easements SEC 4.03. SIGNATURE OF APPLICANT PHONE NUMBER DATE WHITE-INSPECTOR YELLOW-FILE PINK-APPLICANT . v e Y ' = -t hi t b k' .#s i� i f"£. v 'b * `� "' .. SEAGATE TECHNOLOGY, INC. Corporate Background October 1997 a a. .$ zx .�, , r " :a,azo z r2' � + � ra ya- � k. ,xfi'+'� x' +�, � '�` • '"g• s r�,�,'_y``x Introduction Seagate Technology, Inc. (NYSE:SEG) is a leading provider of technology and products enabling people to store, access, and manage information. Seagate is committed to providing best-in-class products to help people get their information when, where and how they want it. The Company is recognized as the world's largest manufacturer of disc drives,magnetic discs and read-write heads,a market leader in tape drives,and a leading developer of software for information availability,access and analysis. With nearly$9 billion in revenues for its 1997 fiscal year and over 105,000 employees worldwide, Seagate can be found around the globe and on the World Wide Web at http://www.seagate.com. • Strategy Seagate attributes its success to a sound business strategy and exceptional strength in technical competencies. The core of this success lies in a few key beliefs: • • Ownership of technology is necessary to remain on the leading edge of product evolution and market acceptance. • Ownership of manufacturing assets is necessary to ensure that state-of-the-art processes and equipment are available for production. • Organizational structure must permit efficient and flexible decision making. Building a business based on these beliefs has brought Seagate a successful combination of talented people and an• expanding technology base that continues to enhance its leadership position. It is a company with vision,innovation, and one of the largest commitments to research and development in the data storage and management industry today. With a particular focus on market opportunities created by the shift to client/server computing at the enterprise level, Seagate has targeted its technology ownership in the areas of hardware,components and software. In the hardware and components business, the company has pursued a strategy of vertical integration and accordingly, designs and manufactures disc and tape drive components including recording heads, disc media, substrates, spindle motors and custom integrated circuits. This strategy enables Seagate to control key technologies and the supply of components critical to manufacturing its disc drive products. In software, Seagate is acquiring companies that will provide a comprehensive set of network, storage and information management products to commercial enterprise customers utilizing client/server environments. "Information,the way you want it." Given Seagate's broad capabilities, we are aggressively investing in our company in order to advance and simplify the technologies required to make the most of the increasing amounts of information available to individuals and corporations throughout the world. And, through our extensive relationships with the world's leading computer 2 system companies, integrators and distributors, we are in a position to tailor our technology and product offerings to meet their customers' needs. As technology has advanced over the last two decades, Seagate has positioned itself to benefit and learn from the impact computing has had on people throughout the world. We are now positioning the company to benefit and learn from the impact that people are having on computing. The fundamental problems of data capture, storage and processing have been mastered. People are now swimming in data and complain of data overload.The problem is the anxiety people feel in their attempts to quickly and easily get to the data they actually need —in the format they need it,when they need it,and where they need it—thereby transforming it into actionable information. Together with our partners in the information and communications industry, Seagate is making information a strategic asset for business, science, education — for living. To help maintain its leadership role in the worldwide storage market,Seagate continues to develop significant engineering and manufacturing capabilities, acquire key — cross licensing agreements, expand global operations to meet world demand, and make key investments in anticipation of future needs. Storage Products Group-Disc Drives Essential to Seagate's success is the continued investment in advanced development of the Company's core hard disc drive products. Seagate storage products include the broadest range of disc drives available today, in 2.5-inch, 3.5-inch and 5.25-inch form factors and capacities ranging from 840 megabytes to 23 gigabytes. This comprehensive line of disc drives includes products for the price-sensitive desktop PC market, higher performance PC and workstation drives, products for notebook computer and mobile systems,and higher-capacity drives for the storage and performance-intensive network server,disc array and audio-visual(A/V)markets. Seagate disc drives benefit from the company's vertical integration strategy by utilizing advanced components and technologies developed and marketed internally. These technologies include magneto-resistive (MR) heads, next- generation thin-film heads, PRML channels, advanced substrates and discs, custom integrated circuits and proprietary microcode. Based in Livingston, Scotland, Seagate's microelectronics operation produces analog and mixed-signal chips for hard disc drives. These specialized integrated circuits are utilized across the company's wide range of disc drive products,and are manufactured on both BiPolar and BiCMOS process technologies. Seagate's recent acquisition of Quinta Corp. reflects our commitment to investing in, and developing new technologies. Quinta is a developer of unique, optically-assisted Winchester technology designed to integrate optical, magnetic and telecommunications technologies for the purpose of building a new class of high capacity, cost-effective disc drive storage devices. Seagate's investment in SanDisk Corp., the world's largest supplier of flash data storage products, provides unique visibility into the emerging market for "plug and play" solid-state 3 storage devices. This market has significant growth potential as mobile computing applications like notebook computers, handheld data collection devices,PDAs and cellular phones demand increasing amounts of data storage. • Seagate's leadership in Fibre Channel-interface disc drives and our investment in Gadzoox Microsystems provide us with the opportunity to develop the Storage Area Networking(SAN)solutions market. Storage Products Group-Tape Drives Seagate Tape Operation is positioned to capitalize on the growth projected for the tape drive market. Storage- intensive applications like Multimedia, video and imaging, as well as new, more powerful operating systems like Windows 95 and NT,are fueling requirements for faster,higher capacity on-line and off-line integrated storage. The company offers a broad line of tape drive solutions for backup on networks,multiuser systems,workstations,desktop and portable PCs. The company's Travan,Digital Audio Tape(DAT)and Advanced Intelligent Tape(ATT)products are available in capacities ranging from 3.2 to 50 gigabytes,matching disc drive capacity points for a wide range of backup and removable storage needs. Seagate produces drives that support standard floppy, parallel port, ATAPI/IDE and SCSI interfaces. The company also markets a complete line of DAT autoloaders with capacities up to 96 gigabytes. Recording Heads Group Seagate's Recording Heads Group manufactures and markets advanced read/write heads for disc drives and tape drives, and is recognized as the world's highest volume supplier of magnetic recording heads. Seagate currently manufactures over 4.7 million thin-film inductive and MR heads per week at its worldwide facilities and has produced over 870 million magnetic recording heads to date. The company's advanced head designs include magneto-resistive(MR)heads, inductive thin-film heads and proximity thin-film heads, which it provides to its own Storage Products Group. The Recording Heads Group has been in business for more than 37 years (prior to Seagate's 1989 acquisition it was part of Control Data's Imprimis subsidiary)and employs more than 40,000 people worldwide. In order to meet demand for its recording head components, the company's global manufacturing capability includes facilities in Minnesota,Northern Ireland,Malaysia and Thailand. Tape head operations are based in California, and produce the company's advanced Travan and quarter-inch tape head technology. These advanced tape heads are supplied to Seagate's own Storage Products Group, as well as other tape drive manufacturers through the company's OEM marketing effort. Recording Media Group The world's largest supplier of disc media, Seagate's Recording Media Group is based in California and produces advanced magnetic disc media and substrates. The group's production processes include the company's proprietary MINT(Magnetic Information Technology) system developed to produce the industry's lowest-cost, highest-density magnetic discs for hard drives. The Recording Media Group's manufacturing operations are currently located in 4 i California, Republic of Ireland,Northern Ireland,Singapore and Mexico. In June 1997, Seagate's Recording Media Group announced a new media manufacturing site,which will be located in Cork,Ireland. Seagate Software The tremendous demand for storing, managing and accessing larger amounts of digitized information — and the increasing migration to client/server environments and the Internet— have created a market opportunity for software solutions in storage, network and Business Intelligence. Since May 1994, Seagate has purchased 10 software companies: Crystal Services, Palindrome Corp., Network Computing Inc., NetLabs, Frye Computer Systems, Creative Interaction Technologies, OnDemand Software, Inc., Arcada Software,Calypso and Holistic Systems to provide its customers with a complete data management solution from a single provider. The result for companies utilizing these comprehensive, scaleable solutions is the accessibility, reliability and integrity of data and information, and the efficient management of IT resources. From these companies, Seagate has formed Seagate Software,Inc.,a subsidiary of Seagate Technology. Within Seagate Software there are two groups providing software tools and applications that help customers efficiently and securely manage the systems on which their data reside,as well as easily access and analyze that data. These groups are: Network and Storage Management Group and Information Management Group. ' t Seagate Software's Network and Storage Management Group not only offers one of the industry's strongest storage management software products, but also develops and markets products that provide comprehensive, broad-based solutions for managing network and system behavior and delivering network and system services. The group provides customers with desktop and server-based products capable of handling complex, networked environments across a number of operating systems including Windows NT,NetWare,Windows 95,OS/2 and UNIX. Seagate Software's Information Management Group offers high performance Business Intelligence tools and applications that allow users to access,analyze and share information quickly and easily. These products help ensure users get the information they need,while keeping restricted data secure. Seagate also realizes the rapid proliferation of data increases not only the need to store and manage information, but also the need for more efficient interaction between systems and users. In response to consumer demand for more information, this requirement will increase in importance as more databases are interconnected. Seagate views speech recognition as a key to providing a natural user interface to these systems. Its investment in Dragon Systems represents another advance in assembling the core data technologies for a new generation of systems applications. Seagate also has an equity investment in Verity (less than 5%), which develops and markets the Topic family of software tools and applications for searching, retrieving and filtering information across the Internet, enterprise and 5 CD-ROM. The Topic products are designed for timely search,retrieval and categorization of archived information, as well as real-time monitoring and filtering of information selected from dynamic text files of live multiple formats incorporating a variety of search criteria personalized to the user's requirements and preferences. 6 Seagate Milestones 1979 Seagate Technology founded as disc drive manufacturer 1980 Seagate builds industry's first 5.25-inch hard drive 1982 Seagate pioneers the ST506 interface 1985 Seagate acquires Grenex-Thin-film Media 1987 Seagate acquires IPS,Ltd.-Microelectronics 1989 Seagate acquires Imprimis Technology-High Capacity Drives and Components Nov 1992 Seagate introduces the first 7,200 RPM disc drive Nov 1992 Seagate first-to-market with shock-sensing technology for 2.5-inch disc drives Jan 1993 Seagate invests in SanDisk Corporation-Flash Memory May 1993 Seagate ships 50 millionth disc drive Oct 1993 Seagate introduces first 9 gigabyte disc drive May 1994 Seagate acquires Crystal Computer Services-Business Intelligence Software July 1994 Equity Investment in Dragon Systems—Speech Recognition Software Aug 1994 Seagate acquires Palindrome Corporation-Storage Management Software Feb 1995 Seagate acquires Network Computing Inc.-Network Management Software March 1995 Seagate acquires Netlabs Inc.-Network Management Software May 1995 Seagate acquires Frye Computer Systems Inc.-Network Management Software June 1995 Seagate acquires CIT,Inc.-Network Management Software June 1995 Seagate Software formed to represent all software subsidiaries in Europe Aug 1995 Seagate invests in Verity Inc.-Information Management Software Feb 1996 Seagate and Conner Peripherals merge to form the world's largest independent disc drive manufacturer Feb 1996 Seagate acquires Arcada Software-Storage Management Software March 1996 Acquisition of OnDemand Software,Inc.-Network Storage Management May 1996 Acquisition of Calypso Software Systems,Inc.-Network Storage Management June 1996 Seagate acquisition of Holistic Systems,Ltd.-Business Intelligence Software June 1996 OnDemand and Calypso merges with Seagate EMS Oct 1996 Seagate introduces the first 10,000 RPM drive Nov 1996 Seagate ships its 100 millionth hard disc drive June 1997 Seagate invests in Gadzoox Microsystems-Storage Area Networking(SAN)technology Aug 1997 Seagate acquires Quinta Corp.-Optically Assisted Winchester technology Oct 1997 Seagate introduces first 7,200 RPM,Ultra ATA drive for desktop computers 7 Manufacturing and Facilities Seagate has research and design centers in: Anaheim, Costa Mesa, Milpitas, Moorpark, Santa Maria, and Scotts Valley, California; Longmont, Colorado; Bloomington and Minneapolis, Minnesota; Oklahoma City, Oklahoma; Springtown,Northern Ireland;and Singapore. Manufacturing sites are located in: Anaheim,Fremont,Milpitas, San Jose and Scotts Valley,California;Longmont, Colorado; Northern Ireland; Republic of Ireland; Scotland; China; Indonesia; Malaysia; Mexico; Singapore and Thailand. Seagate Software operations are based in: Cupertino and San Luis Obispo,California;Lake Mary, Florida; Boston, Massachusetts;Chapel Hill,North Carolina;Vancouver,Canada;and Europe. Seagate tape products are produced at Seagate Tape Operation's Singapore manufacturing facility and with manufacturing partner,Matsushita-Kotobuki Electronics,Ltd.(NIKE)in Japan. Management The Seagate management team is among the most experienced and respected in the technology industry: Alan F. Shugart- chairman and chief executive officer- founded Seagate in 1979 and has built the company into the world's largest manufacturer of disc drives, magnetic discs and read-write heads, a market leader in tape drives, and a leading developer of software for information availability,access and analysis. Shugart has more than 40 years experience in the technology field. In 1973 he co-founded Shugart Associates, was vice president of product development at Memorex from 1969 to 1973, and spent more than 18 years at IBM Corporation, where he worked on the first rigid disc drive,IBM's 305 RAMAC. Stephen J. Luczo - president and chief operating officer - oversees operations for Seagate disc drives with organizations reporting to Luczo including Seagate Storage Products, Recording Media and Recording Heads. Additionally,Luczo is chairman of Seagate Software. Previously,Luczo was executive vice president of Corporate Development. Prior to joining Seagate in 1993,Luczo was senior managing director of Finance and co-head of Bear Stearns' Global Technology Group. Bernard A. Carballo - executive vice president, Sales, Marketing, Product Line Management, Customer Service Operations - came to Seagate through his association with Imprimis, where his responsibilities included planning and developing the company's Tuas manufacturing operations in Singapore. Upon Seagate's acquisition of Imprimis, he became vice president of Product Line Management, Oklahoma City Operations. Carballo's career includes 20 years with Control Data Corporation. 8 4 Donald G. Colton — executive vice president, Quality — Colton's 25-year career in the data storage industry includes executive positions in manufacturing, production, quality, materials and business planning. He joined Seagate with the company's 1989 acquisition of Imprimis. Most recently, Colton held the position of senior vice president, Product Line Management (PLM), where he was responsible for Seagate's global PLM operations including business and product strategy,planning and implementation. Dr.Brendan C.Hegarty — executive vice president and chief operating officer,Recording Heads Group — brought more than 23 years of data storage experience to Seagate when he joined the company with the acquisition of Imprimis. Previously,Hegarty spent more than 20 years at IBM Corporation where he held a variety of management positions with their Direct Access Storage Products, Technical Operations, Disc Development and Production Engineering and Magnetic Head Development groups. �y Tom H. Porter — executive vice president, chief technical officer, Storage Products Group — has global responsibility for research and development at Seagate's six disc drive design centers and the groups that make up its Advanced Concepts Labs. From 1969 to 1994, Porter held engineering, program management and executive positions at IBM, where he was elected to the "IBM Academy of Technology." Most recently, Porter held the f position of vice president of research and development,Enterprise Storage Group at Western Digital. Donald L. Waite — executive vice president, chief administrative officer, chief financial officer and corporate secretary — has over 31 years of experience in Finance,Accounting and Administration. Prior to joining Seagate,he was CFO at Osbourne Computer Corporation, Measurex Corporation and Memorex Corporation. Waite began his career at Arthur Andersen and spent 12 years at Bell & Howell, rising to the position of vice president of Finance and Administration. William D. Watkins — executive vice president, chief operating officer, Recording Media Group — is responsible for Seagate's advanced media manufacturing operations. Watkins came to Seagate from Conner Peripherals, where he started the company's Disc Division. Previously, Watkins was with Domain Technology, and developed the MINT (Magnetic Information Technology) disc media manufacturing process. Watkins has spent more than a decade in the thin-film,floppy disc and photographic film process industries. 1 For Further Information,contact: Gina Katz Woody Monroy Nancy Hamm Corporate Communications Corporate Communications Investor Relations 408-439-2691 408-439-2838 408-439-2597 9 z coo cu bA :: O .� y CCS M cO 4e CCS V cA a .4 .. 11C; 5 .� ,- t .•w 1 =.+.i .,.....,c t: .,t'kl'I e w 4C E cA •4�z! .� CCS � O z/ A . N 1 p p Juni oppp ...o N : CC6 C .S� 0 N 6 o © o A `H6 44-1 Cas FT:$ p CZ 6 1111•414CCY PQ p rg O .... a Z"Nii 4'.4.4-1 =A4 l'* in."" 4°'41'‘ (c,' .414 61e1 CZt: 't41.,e6 r31).1c-Asz ti)•tp2ok W) Z N g . c ..i.: , .., .., ..., 0 ,,, . .- ,..., .. 1.".4 0 •P. 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' / ,'..',' 0 0 1 i : ;-: -0 0 J ' . lit)- uotsuedxo sieo 00Z, :,--i — 16,41sw_v_ • • : .,4,.;',41- /, .._.. .... .. /0 _i___........_ _ / , 7•-., I L.-. ..7. ?., I ..., ,• . . , ./ i /4_,.., .. A •-_i / • .•/ ..„ -----____. .-,... . .. •F: ., ? \, • •) '• \ . '/ • > i ..v:. : •1 t.„N., / / . C?,y•• ..,... / , . 4,;',..... •f•i) - / I. /1' ' . ,7TI -... _4,4... . ---N- CONSENT Co K ,Q. & c 1E, 0 Official Proceedings of the November 5, 1997 Shakopee City Council Page -13- Mark McNeill explained that by making John DeLacey's promotion to Engineering Technician IV effective as of November 6, 1997, he would be penalized by six months before he would reach the next step increase, because Tech III and Tech IV are in the same pay grade. Staff recommends that until Tech III and Tech IV have separate pay grades that Mr. DeLacey's existing anniversary remain his date of hire. Sweeney/Zorn moved to authorize the promotion of John DeLacey to Engineering Technician IV, effective November 6, 1997, and that his existing anniversary remain his date of hire until Tech III and Tech IV have separate pay grades. Motion carried unanimously. Sweeney/Link moved to remove discussion of residential parking permits from the table. Motion carried unanimously. Mark McNeill explained that this item was previously tabled in order to contact the County to see what could be done to get their employees to use the newly constructed parking lot at the old hospital site. He reported there has been no visible change to date. He said the County feels that many of the on-street spaces were taken up by Courthouse patrons, over whom they have no control. He said that other than a residential parking permit program, an alternative to implement signs for two or four hour parking during business hours which probably would not satisfy the residents as well. He said in order to be effective, it would have to be monitored through policing. A discussion ensued regarding enforcement and giving the residents the option of keeping parking as is, or temporarily implementing a tag and tow policy for two hour parking between 8 a.m. and 4 p.m. DuBois/Zorn moved to direct the Chief of Police to designate the 200 block of W Fifth Avenue as a 2-hour parking zone, violators will be towed, after consulting with the residents in the block to determine if that is the desire of the majority. Motion carried unanimously. Sweeney/Zorn moved to adopt the proposed 1998 Legislative Policies for the League of Minnesota Cities, and also for the Association of Metropolitan Municipalities. (Motion carried under the Consent Agenda.) Mark McNeill stated that the establishment of a section 125 "cafeteria" benefits plan for City employees would be a win/win situation in terms of take home pay and would perhaps be at no cost or slight savings to the City. He will bring this back with specifics, to the meeting on November 18, 1997, for implementation before the end of the year. Sweeney/Zorn moved to direct staff to bring specifics of the "cafeteria" benefits plan for City employees to the November 18, 1997, meeting for implementation. Motion carried unanimously. OFFICIAL PROCEEDINGS OF THE CITY COUNCIL REGULAR SESSION SHAKOPEE, MINNESOTA NOVEMBER 5, 1997 Mayor Henderson called the meeting to order at 7:03 p.m. with Councilmembers Jane DuBois, Burl Zom, Robert Sweeney, and Cletus Link present. Also present: Mark McNeill, City Administrator; R. Michael Leek, Community Development Director, Bruce Loney, Public Works Director/City Engineer; Gregg Voxland, Finance Director; Judith S. Cox, City Clerk; Paul Snook, Economic Development Coordinator, Jim Thomson, City Attorney. The order of the agenda was changed so that item 14.6.1. Transit Policy and Service Issues, will follow item 11. Communications. The EDA meeting will then follow item 14.B.1. The follow item was added to the agenda: 15.A. A First Amendment to the Contract for Private Development Among the City, the Shakopee Economic Development Authority, Scott County and ADC Telecommunications, Inc. Sweeney/DuBois moved to approve the agenda as modified. Motion carried unanimously. The following item was removed -from the Consent Agenda: 14.C.4. Traffic Control Signage Authorization at Various Intersections. Sweeney/Zorn moved to approve the Consent Agenda as modified. Motion carried unanimously. Liaison Reports were given by Councilmembers. Mayor Henderson gave the Mayor's Report. Mayor Henderson asked if there were any interested citizens present who wished to address the City Council on any item not on the agenda. There was no response. Sweeney/Zorn moved to approve the minutes for the September 30, 1997, Adj. Reg. Session, September 30, 1997, Work Session, and the October 7, 1997, Regular Session. (Motion carried under the Consent Agenda). Sweeney/Zorn moved to approve bills in the amount of $564,943.07. (Motion carried under the Consent Agenda). Item 14.B.1 Transit Policy and Service Issues, was taken out of the regular order on the agenda. Michael Leek explained that the transit providers have requested guidance regarding a number of issues. He added that a workshop session was held regarding those issues on September 30, 1997. He also referred to a letter from Kathy Kottke, with Laidlaw, which addresses the issues for consideration, as well as additional issues. Official Proceedings of the November 5, 1997 Shakopee City Council Page -2- Mr. Leek stated that the first, and most significant issue for those involved is the age limits for independent ridership on Dial a Ride (DAR). Kathy Kottke's letter of November 3, 1997, suggests that children under a certain age be accompanied by an adult. She said this change is necessary as a result of the added responsibility for the drivers, added cost of insurance, and the lack of cooperation from parents, day cares, and schools. Mr. Leek explained that staff has contacted a number of other transit providers and found that four out of 11 providers currently have policies relating to age, with the age limits ranging from 6 years and 12 years of age. He stated that a number of the other providers indicated that while they did not have an age policy, independent ridership is an issue and they would perhaps be creating their own policies in 1998. He said that as a result of discussion at the November 30, 1997, meeting, it was his impression that the Council felt that it would be appropriate for riders under the age of 9 be accompanied by someone 12 years or older. The second issue regarding reduced fares for persons with disabilities was also addressed in Kathy Kottke's letter. Mr. Leek said a demonstration project was created in 1995, which provided 10 cent fares in connection with the Work Connection at the Town Square Mall. He said that while the usage is small, the 10 cent fare has expanded to others who are not a part of the program. Since this issue was first raised, he has also received calls from others wanting to be included in the program. In response to Laidlaw's request that some other fare be established, staff looked at other providers and found that those providing a reduced fare for persons with disabilities charge 50 cents. Laidlaw also suggested that the fare to be established be based on limited mobility certification or certification through Metro Mobility. The third issue is the possible discontinuation of some Dial a Ride service. Laidlaw has suggested their hours be from 6 a.m. to 7 p.m. Monday through Friday, eliminating service on Saturday, based on lighter ridership during these hours. The fourth issue is the possible discontinuation of one morning and one evening 53S Express Bus service to Eden Prairie. The ridership is light and has the highest per passenger operating subsidy at about $10.70. The recommendation is to eliminate the 6:54 A.M. and the 4:34 P.M. shuttles, maintaining the later evening and early morning shuttles. The last issue is the management contract for services. Mr. Leek explained that this issue was raised by staff, rather than the providers. The current contract provides for a 10 percent management fee. Mr. Leek said at the time the contract was negotiated, additional services were anticipated that might involve increased costs to Southwest Metro Transit. This did not occur and staff pursued alternatives to see if some of the anticipated services might be provided at lower cost. Mr. Leek referred to Kathy Kottke's letter, noting additional clarifications or changes on policy. Page 3, item # 6, requests that the Council consider providing for a 10 minute window for arrival and a change in policy regarding no-shows. An increase in the same-day fare for a no-show was requested. Item#7 is a request to increase the same-day fare to encourage reservations. Official Proceedings of the November 5, 1997 Shakopee City Council Page -3- A discussion ensued regarding a delay in approving the management proposal for Transit Services to allow staff more time to review it. Zorn/DuBois moved to table discussion of the management proposal for Shakopee Area Transit Services from George Bently to allow staff more time to review it. Motion carried unanimously. Mayor Henderson asked if there were any interested citizens present who wished to discuss reduced fares for persons with disabilities. There was no response. Mayor Henderson asked if there were any interested citizens present who wished to discuss the minimum age requirement. Jane Ussleman, 850 Marshall Rd, approached the podium and stated she has two children, one of which uses Dial a Ride once a week for pre-school. She said she is a single mother and works out of town and has no other way to get her child to pre-school. She said she did not understand why the age limit was being implemented, and added that if an adult rider is required, rather than riding the bus she would take her child to school herself. Mayor Henderson explained that the transit service is reluctant to let small children off at a location where there are no adults and are concerned about the liability. He said in some instances, children have been kept on the bus until an adult was found to take custody to assure safety. A discussion ensued regarding possible sanctions, such as a 6-month suspension, for those not able to meet a child. A number of those present were supportive of this suggestion. Melanie Healy, 603 4th Avenue, approached the podium and stated she has a child using Dial a Ride two days a week, who would otherwise not be able to attend pre-school. She said having lived in many different areas, this benefit was not available in larger cities and that it is important to keep this benefit. She also supported possible sanctions. Cncl. Sweeney explained that if a pre-school provider wants to place an adult on the bus, which would meet the adult supervision concern, they would not be charged a fare. Jennifer Oxboro, 1459 Sharon Parkway, approached the podium and stated her child takes Dial a Ride four days a week. She said this is a service unique to the community and agreed that the pre-school provider or the transportation service place an adult on the bus, passing the cost on to the parents. She said she would be willing to pay more to know her child would be safe. She noted that nearly 25 percent of the ridership is made up of pre-school-aged children. Richard Sonnes, 2045 Murphy Avenue, approached the podium and stated his child takes Dial a Ride once a week. He said he understood the liability issue but asked that when the child is dropped off that someone answers the door. In response to the suggestion for a rotating schedule for parents to ride the bus, he said he would take the child to school rather than ride the bus. Official Proceedings of the November 5, 1997 Shakopee City Council Page -4- Michael Leek explained that Dial a Ride is not a door-to-door service at this time. The drivers cannot take children to the door, and their responsibility ends at the door of the van. Susan Smith, 414 Pierce Street, approached the podium and stated her child takes Dial a Ride twice a week. She said she understood the need for an adult rider. However, she said she and her husband would not be available to ride themselves. In addition, the pre-school that her daughter attends does not have extra staff to ride the bus. She said the bigger issue is, children may not have the necessary skills when they go to Kindergarten if they can not attend pre-school because the ridership is not available. She said this puts a burden on the schools and this should be given consideration. In response to staffs comparison to other cities, she said there are a lot of public day cares as opposed to privately owned day cares in Shakopee. She also agreed that those parents not providing adult supervision on both ends should be punished. In response to the 10-minute window, she said timing is an issue as it requires providers to be at the window watching, making it difficult. Chad Sopier, 1707 13th Avenue W, approached the podium and stated his child takes Dial a Ride twice a week. He said we are not dealing with money but with children. He said he had served on the CAP Board for the Grant Committee in looking at where the need is at with day care. The two concerns were infant and pre-school care. He said asking a daycare provider to give up time is not right. He also said he is a teacher and education is important and the children will be the most affected. Lynn Wood, 225 Bluestem Avenue, approached the podium and stated her child attends pre- school once a week. She said she works out of town and would be willing to sign a waiver that from the time her child enters the bus an adult will be there, as well as on return. If this does not occur, service will discontinue. She said this is her responsibility as a parent, and that education is very important. Cindy Heinin, 1544 Roundhouse Circle, approached the podium and stated her child rides Dial a Ride three times a week, riding the bus from day care to pre-school, and back to day care. She asked about liability on the school bus system for Kindergartners. She was informed that the school district assumes that responsibility. She asked about contracting chaperones to ride the bus at the times when children are going to and from pre-school, which are basically fixed times, passing the cost on to the parents. She also asked about coordination between parents and the pre-schools to assure there is a rider. It was suggested that those involved get together to coordinate this. Kathy Kottke, Project Manager Shakopee Area Transit, approached the podium and explained that they provide public transportation and are not a school bus company. She said the drivers are not specially trained to deal with children. There are no stop arms or flashing lights, and not all the buses have seat belts. She said they are concerned about child safety and discussed various situations in which an adult was not available upon arrival, or the child was taken to the wrong address. She said the children cannot physically be restrained from exiting the bus, and<*; ridership remains the same even when there is no school. In response to placing an aid on the Official Proceedings of the November 5, 1997 Shakopee City Council Page -5- bus, she said it would cost more and the aid would still be under the same rules as the driver. She said the waiver previously mentioned would not be legal because this is public transportation and they are responsible for safety. Michael Leek explained that with public transportation the contract with the rider is not to take them to a specific place as is the case with the school bus service. Wendy Ekburt, 815 Larkspur Ct., approached the podium and stated that she has three children under the age of 9. She said her children use Dial a Ride to get to or from school or activities. She asked how requiring an adult rider for her children needing to go to an activity or to school would help her. She said she felt like the transit service is trying to eliminate the service to anyone nine and under. She discussed liability in relation to the senior population and whether or not they have their faculties enough to know where they are going. Mayor Henderson explained that until the age of 18 one is considered a minor. He said mental capacity is only determined in a court of law. However, he said we do have a responsibility and liability with minor children. He said the drivers discussed this and came up with the nine year old limitation. She recommended not placing age requirements on ridership, but to punish those not being responsible. In response to a question regarding statistics of ridership, Kathy Kottke stated she did not have them with her but she could get them. June Holmgren, 1173 Jefferson St., approached the podium and stated her child takes Dial a Ride once a week. She said that after riding the bus with her child she felt the service was safe. She said those people that are not responsible should be banned from the bus for a period longer than six months. She also asked about using a school district bus. Mayor Henderson explained that regardless of how the transportation is contracted, it is public transportation because this is not a school district we are dealing with. Ms. Holmgren emphasized more instruction to parents regarding following rules to avoid problems such as these. She recommended not discontinuing service for those ages nine and under without supervision. A discussion ensued regarding the creation of a focus group to find out what rules the parents think are reasonable and acceptable, and then adopt those rules. Sweeney/Zorn moved to direct that the parents, day care providers, and the pre-school providers present in the audience, appoint five members to meet with staff and the bus company to discuss rules that would be acceptable to the bus company, and to bring them back to the Council. Mike Wlliard, 1257 Pioneer Ct., approached the podium and stated that he had not received a copy of the November 3, 1997, management proposal. He said he was concerned that the City Council was willing to negotiate away items in a contract that would be detrimental to the citizens. Mayor Henderson explained that this was discussed earlier and the discussion was tabled. Oficial Proceedings of the November 5, 1997 Shakopee City Council Page -6- Mr. Leek explained that the items outlined regarding Dial a Ride, the express bus service, and reduced fares were not items included in the consultant agreement between the City, Southwest Metro Transit, and Laidlaw. He said the current consultant agreement with Southwest Metro Transit is to provide express bus service and for Laidlaw to provide Dial a Ride service. This does not address any policies related to these issues. He said there has been a lack of written policies regarding these issues since 1990. group, the Directors of the pre-school centers, the includingin the focus Kathy Kottke suggested community education program, and the representatives from the school district. A discussion ensued relating to the makeup of the focus group and involving the school district only so far as to provide input as there are students involved. Anyone interested in participating in the focus group was directed to call Kathy at 949-8303. Motion carried unanimously. A recess was taken at 8:31 a.m. The meeting re-convened at 8:44 p.m. Sweeney/Link moved to set the reduced fares for persons with disabilities at 50 cents. Motion carried unanimously. Zorn/Link moved to direct staff to develop a pass/certificate for persons with disabilities. Motion carried unanimously. Mr. Leek explained that Ms. Kottke's alternative to discontinuation of Dial a Ride service is the elimination of the Saturday service and transferring those hours so that Monday through Friday service would be 6:00 a.m. to 7:00 p.m. DuBois/Link moved to discontinue the Dial a Ride service on Saturday, and redistribute those hours of service to weekdays, extending the weekday hours to 7:00 P.M. Monday through Friday, effective January 1, 1998. Motion carried unanimously. Zom/Sweeney moved to approve the elimination of the 6:54 A.M. 53S shuttle effective January 1, 1998. Motion carried unanimously. A discussion ensued regarding various alternative uses for the added hours as a result of eliminating the Saturday service. Cncl. Sweeney requested that copies of the current Dial a Ride schedule as well as the revised schedule be provided to the Council when available for comparison purposes. Charlotte Post, 8579 McGuire Circle, approached the podium and stated that she has a high school student who uses Dial a Ride to get to a Fine Arts Class at 7:00 a.m. twice a week. She said she would like to see the Saturday hours moved to 6:00 a.m. on weekdays, where the demand is. A recess was taken at 9:03 P.M. to re-convene the Economic Development Authority meeting. The meeting re-convened at 9:33 p.m. Official Proceedings of the November 5, 1997 Shakopee City Council Page -7- The public hearing for the proposed improvements to East Dean Lake Collector Street by street construction, utilities and appurtenant work was opened. Bruce Loney explained that this project was initiated by petition from three property owners that control the majority of the development. Mn/DOT is also affected by the proposed project as they own 52 acres acquired during T.H. 169 right-of-way acquisition. Bret Weiss, Project Manager, WSB & Associates, approached the podium. He explained that the project is to serve approximately 800 residential units as well as a proposed commercial area owned by Shakopee Crossings that will be developed to extend sanitary sewer service to the property. There are a number of private utilities that cross the property as well as the Prior Lake Interceptor that will serve a portion of this area with sanitary service. He said the developers have worked together to minimize the impacts to the wetlands and approximately 1.7 acres will have to be mitigated and an additional 1.5 acres is to be excavated and improved as part of the project. The street is proposed as a divided street with a fully landscaped 30-foot median and two 20- foot lanes one-way in each direction through the residential area. An 8-foot bituminous bike path on one side and a concrete sidewalk on the other is also proposed. Future construction considerations have also been included in the feasibility report, and the costs will be collected as the assessments are completed for the developer. Mr. Weiss explained that both the existing sanitary sewer and water systems are in the northwest corner with the water system being extended through Valley Park 13th Addition and through the middle of the project to restrict the property as little as possible. The sanitary sewer will connect to the Prior Lake Interceptor line and extend into the project. Consideration is being given to oversizing the sanitary sewer. The City would front approximately $141,000 for trunk fees but there will be several hundred thousands of dollars saved as a result of oversizing. The sanitary sewer will stop prior to the commercial area that is outside MUSA (Metropolitan Urban Service Area) and could be extended in the future. The future extension of the watermain to County Road 21 is also being assessed as part of this and can be constructed in the future. A temporary traffic signal is proposed at the existing CR-18 and will be replaced with a permanent signal once County Road 21 is constructed. The permanent signal will be paid by the City while the temporary rysignal will be the responsibility of the developer. Mr. Weiss explained that the storm sewer is being designed to contain drainage associated with the street and minor improvements associated with the proposed development. Anything above what is contained in the street is assessed to the developer. He said that while there is no agreement at this time, all parties have indicated a willingness to participate at some level with the proposed Dean Lake Bypass Channel in order to preserve Dean Lake. This storm sewer does not have to be done at this time and can be pulled from the project if the cost sharing with the other entities is not resolved by the end of the year. In response to a question relating to an over-length cul de sac and a portion of the construction of two lanes on County Road 21, Mr. Weiss said that the County Road cannot be constructed Official Proceedings of the November 5, 1997 Shakopee City Council Page -8- until after a long environmental process associated with whether or not the road can be constructed in that location. He also said he was not aware that money has been put aside for the construction of these lanes. He said he would obtain written clarification from Mr. Larson, County Highway Engineer, and would report back. Mr. Weiss explained that the $580,000 landscaping for the median is not being paid by the City and that the future maintenance is to be negotiated in the developer's agreement with the developer. Mr. Weiss said the City will contribute $75,000 for the bituminous bike path, based on the bituminous bike path policy. He said if the City chooses, the proposed sanitary sewer would be a $141,000 contribution by the City. Finally, the storm sewer estimate of $185,000 is for all the groups. A discussion ensued relating to an Irrevocable Letter of Credit being provided by the developers to insure payment of the special assessments and keeping the City out of litigation. Jim Thomson, City Attorney, explained that prior to the bid award, if the developer posts financial security equal to 100% of the project costs, this should guarantee construction of the project and payment of the special assessments. Jon Albinson, Valley Green Business Park, approached the podium and stated that this is very different from the City's current policy which requires a 25% letter of credit. He said a fourth property will benefit and will have approximately a $500,000 assessment. They are not a party to the petition, so a Letter of Credit cannot be obtained from them. He asked if he would be required to provide a Letter of Credit for $500,000 for that property which he does not own. Cncl. Sweeney said he was concerned about the size of the project and the debt service levy. He said he understood that the intent of the East Dean's Lake Development would be to ultimately acquire the property as part of the development and that they would have already covered the assessments. Mr. Albinson said it was unrealistic to provide a Letter of Credit to secure someone else's performance. He said he understood trying to mitigate the risks but that he could not guarantee someone else would make payments and the project would not be feasible then. A discussion ensued relating to risks and the Letter of Credit. Mr. Albinson said that based on a 429 project, assessments can not be more than the value you create with improvements. He suggested finding out what the appropriate collateral is. A discussion ensued relating to whether or not the project could be phased. Jon Albinson explained that because of the layout of the property, there is no provision to phase the collector street as was done with Vierling Drive. Having no further comments or discussion the public hearing was closed. Official Proceedings of the November 5, 1997 Shakopee City Council Page -9- Sweeney/DuBois moved to direct staff, including Mr. Voxland, to meet with Jim Thomson to address the concerns and to determine the amount of financial security the developers must provide prior to a bid award for the East Dean Lake Collector Street project, and to return with recommendations. Motion carried unanimously. Sweeney/Zorn moved to authorize the appropriate City Officials to enter into an agreement between the City and the Developers of the proposed East Dean Lake plat for the City costs including engineering, administration and legal costs on the East Dean Lake Collector Street project. Motion carried unanimously. Zorn/Sweeney offered Resolution No. 4785, A Resolution Ordering the Improvement and Plans and Specifications for East Dean Lake Collector Street, Utilities and Appurtenant Work, Project No.1997-4, and moved its adoption. Motion carried unanimously. Zorn/Link moved to authorize the appropriate City Officials to execute an extension agreement with WSB & Associates to provide consultant engineering design services, including right-of- way acquisition services. Motion carried unanimously. The public hearing for applications for a Minnesota currency exchange license for: Shakopee Check Cashing, Game Financial Corp., and DRM LLC of Shakopee dba/American Pawnbrokers was opened. Judith Cox explained that the City has been notified that there are three individuals in the community that wish to renew their currency exchange license. Each applicant has obtained the required Currency Exchange Surety Bond, and the Chief of Police has advised that he is unaware of any reason why the licenses should be denied. Mayor Henderson asked if there were any questions from the audience. There was no response. Having no further discussion or comments the public hearing was closed. Zorn/Link offered Resolution No. 4784, A Resolution Approving the Application of DRM LLC of Shakopee dba American Pawnbrokers, Inc. for a Currency Exchange License at 450 West First Avenue, and moved its adoption. Motion carried unanimously. DuBois/Link offered Resolution No. 4783, A Resolution Approving the Application of Game Financial Corporation for a Currency Exchange License at 1100 Canterbury Road, and moved its adoption. Motion carried unanimously. Link/Zorn offered Resolution No. 4782, A Resolution Approving the Application of Shakopee Check Cashing for a Currency Exchange License at 1147 Canterbury Road, and moved its adoption. Motion carried unanimously. A recess was taken at 10:49 p.m. The meeting re-convened at 10:59 p.m. Official Proceedings of the November 5, 1997 Shakopee City Council Page -10- The continued public hearing for the proposed assessments for Sarazin Street between 4th Avenue and CR-16; Roundhouse Street between 4th Avenue and CR-16; and 4th Avenue between Shawnee Trail and Sarazin Street, Project 1994-10, was opened. Bruce Loney explained that at the last meeting staff was directed to adjust the assessment roll and to prepare a corner lot adjustment policy. He said the assessment roll has been adjusted and the corner lot adjustment policy drafted. The assessment adjustments are as follows: Mr. & Mrs. Bill Hauer - deferred assessment for 10 years from date of adoption of the Resolution, or sale, development, subdividing or other change in the use of the parcel. The deferment was previously agreed to by City Council on August 1, 1995. The finance director recommended a sunset clause of 10 years. The watermain footage was adjusted along County Road 16. Watermain was previously assessed the full length to CR-16. However, a 150' credit was given to a watermain that should have previously been given. Knights of Columbus - City policy provides for a 50% reduction in the sanitary sewer rate with the remaining 50% paid by the sanitary sewer fund for the replacement of an individual private sewer line with a public sewer main. Corner lot adjustment for large parcels of multiple residential commercial - Staff proposes a deduction or credit against the assessable frontage and assessing the remainder. Outlot E of Prairie Bend sanitary sewer assessment was reduced as a portion of the area was assessed for lateral sewer on the County Road 16 project. Reapportionment of assessments on the Klinglehutz development property in phase I to phase II in order to fund a shortfall in escrow payments. An agreement with the developer has not been reached at this time but staff will continue to pursue this option. Viking Steel Products trunk water charge was inadvertently given to Universal Wood Products and has been corrected. Mr. Loney said SPUC reported that too much watermain assessment was charged to Universal Wood Products as there is an existing water line along the west side of the property. Staff has corrected this. In response to a letter from the Sienna Corporation, regarding the corner lot adjustment and a box culvert assessment, Bruce Loney said the full length of the street was charged but the City's corner lot adjustment policy was written for single-family residential parcels. This policy would have resulted in a reapportioning of more money into the interior lots of the project and then Sienna Corporation would have picked up more. In researching other citys' policies on box culverts, a small credit is generally given on either side of the street. Regarding the box culvert assessment, Mr. Loney said staff feels that because the City constructed the upper valley drainageway, the box culvert was to be assessed to developments. Official Proceedings of the November 5, 1997 Shakopee City Council Page -11- Mayor Henderson asked if there was anyone present in the audience who wished to address the City Council on this issue. Harry Weinandt, 1259 Maxine Circle, representing the Knights of Columbus Hall, approached the podium. He stated the Knights of Columbus Hall would be appealing the assessments as they do not have any benefits. Bill Hauer, 1426 E 4th Avenue, approached the podium and stated he would be appealing his assessments. Ray Peterson, 13901 Canterbury Dr., Viking Steel Products, approached the podium and stated concern that the City is adding 25% for engineering and administration costs. He said a lot of money was paid for a poor job and the man hours can not be justified. He said the tax payers are being over-charged and he would be appealing his assessment. A representative of U.S. Forest Products, approached the podium and stated that there is an additional watermain and sanitary sewer that bisect the property. He urged an adjustment to eliminate the watermain and sanitary sewer assessment to avoid appealing the assessments. He said the only charge that has any relevancy is the water trunk charge. A discussion ensued regarding the adequacy of the existing watermain and size requirements for additional industrial purposes. The existing watermains are 6". Mr. Loney said the industrial requirements are for 12" watermains, and full development of the property would require additional watermain. Judith Cox stated that a letter was received from Mr. Klingelhutz's attorney restating his objection to the assessments. Having no further comments or discussion the public hearing was closed. Sweeney/Zorn offered Resolution No. 4787, A Resolution Adopting a Corner Lot Adjustment Assessment Policy for Multiple Residential, Commercial and Industrial Property, and moved its adoption. Motion carried unanimously. Zorn/Sweeney offered Resolution No. 4776, A Resolution Adopting Assessments for Sarazin Street, between 4th Avenue and County Road 16, Roundhouse Street, between 4th Avenue and County Road 16, and 4th Avenue, between Shawnee Trail and Sarazin Street, Project No. 1994-10, and moved its adoption. Motion carried unanimously. Sweeney/Zorn offered Resolution No. 4771, A Resolution Approving the Final Plat for Krystals First Addition, and moved its adoption. (Motion carried under the Consent Agenda.) Mark McQuillan reported that in response to the City Council's request to show how it plans to adjust the 1998 Parks Capital Improvement Program (CIP) to include the new hockey boards for Lions Park, the Parks and Recreation Advisory Board has recommended moving the 1997 Official Proceedings of the November 5, 1997 Shakopee City Council Page -12- County Road 79 Trail Project into 1998 and consolidating the three year (1998, 1999, 2000) fencing project for Muenchow Fields into a one year project to be done in 1998. A discussion ensued relating to the November 17, 1997, budget workshop. Zorn/Sweeney moved to table discussion on the 1998 Parks CIP until the November 17, 1997, budget workshop. Motion carried unanimously. A recess was taken at 11:38 P.M. for the purpose of conducting a closed session in conjunction with an Economic Development Authority closed session. The meeting re-convened at 11:54 P.M. The Mayor announced that no action was taken during the closed session. Item 14.C.1. regarding the snow plowing policy was deferred to a later meeting. Sweeney/Zorn moved to adopt Ordinance No. 504, An Ordinance of the City of Shakopee, Minnesota, Amending Chapter 9, Parking Regulations, Section 9.50, Parking During Street Maintenance, Snowy Weather, and in Central Business District by Repealing Subd. 8, Snow Emergency Routes and Enacting One New Subdivision in Lieu Thereof, Relating to the Same Subject, and moved its adoption. (Motion carried under the Consent Agenda.) Sweeney/Zorn moved to authorize the purchase of a Toro Groundmaster 580-D mower from MTI Distribution for a total cost of$54,538.65. (Motion carried under the Consent Agenda.) Discussion ensued relating to the stop sign at 10th and Apgar. Mr. Loney explained that staff is waiting until the roads are complete before doing an accurate traffic count. He said it would not likely meet the warrant for a 4-way stop sign. Cncl. DuBois asked that staff also look into a 4- way stop sign at 6th and Adams. Zorn/Sweeney directed staff to install stop signs at Thomas Avenue at the intersection of Fuller Street, at Pinewood Drive at the intersection of Shenandoah Drive, at Spruce Street at the intersection of 4th Avenue and to remove the stop sign at Thomas Avenue at the intersection of Apgar Street. Motion carried unanimously. Zorn/Henderson offered Resolution No. 4778, A Resolution Canvassing Returns for the Regular Municipal Election, and moved its adoption. Motion carried unanimously. Sweeney/Zorn offered Resolution No. 4788, A Resolution of the City of Shakopee, Minnesota, Amending Resolution No. 4213, Adopting a Personnel Handbook, to Revise the Provisions Relating to Definitions, Compensations, Benefits and Leaves, and moved its adoption. (Motion carried under the Consent Agenda.) Sweeney/Zorn moved to authorize the establishment of the "Edge Plus" dental insurance program. (Motion carried under the Consent Agenda.) Official Proceedings of the November 5, 1997 Shakopee City Council Page -13- Mark McNeill explained that by making John DeLacey's promotion to Engineering Technician IV effective as of November 6, 1997, he would be penalized by six months before he would reach the next step increase, because Tech III and Tech IV are in the same pay grade. Staff recommends that until Tech III and Tech IV have separate pay grades that Mr. DeLacey's existing anniversary remain his date of hire. Sweeney/Zorn moved to authorize the promotion of John DeLacey to Engineering Technician IV, effective November 6, 1997, and that his existing anniversary remain his date of hire. Motion carried unanimously. Sweeney/Link moved to remove discussion of residential parking permits from the table. Motion carried unanimously. Mark McNeill explained that this item was previously tabled in order to contact the County to see what could be done to get their employees to use the newly constructed parking lot at the old hospital site. He reported there has been no visible change to date. He said the County feels that many of the on-street spaces were taken up by Courthouse patrons, over whom they have no control. He said that other than a residential parking permit program, an alternative to implement signs for two or four hour parking during business hours which probably would not satisfy the residents as well. He said in order to be effective, it would have to be monitored through policing. A discussion ensued regarding enforcement and giving the residents the option of keeping parking as is, or temporarily implementing a tag and tow policy for two hour parking between 8 a.m. and 4 p.m. DuBois/Zorn moved to direct the Chief of Police to designate the 200 block of W Fifth Avenue as a 2-hour parking zone, violators will be towed, after consulting with the residents in the block to determine if that is the desire of the majority. Motion carried unanimously. Sweeney/Zorn moved to adopt the proposed 1998 Legislative Policies for the League of Minnesota Cities, and also for the Association of Metropolitan Municipalities. (Motion carried under the Consent Agenda.) Mark McNeill stated that the establishment of a section 125 "cafeteria" benefits plan for City employees would be a win/win situation in terms of take home pay and would perhaps be at no cost or slight savings to the City. He will bring this back with specifics, to the meeting on November 18, 1997, for implementation before the end of the year. Sweeney/Zorn moved to direct staff to bring specifics of the "cafeteria" benefits plan for City employees to the November 18, 1997, meeting for implementation. Motion carried unanimously. Official Proceedings of the November 5, 1997 Shakopee City Council Page -14- DuBois/Zorn offered Resolution No. 4789, A Resolution Approving a First Amendment to the Contract for Private Development Among the City, the Shakopee Economic Development Authority, Scott County and ADC Telecommunications, Inc., and a Minnesota Investment Fund, and moved its adoption. Motion carried unanimously. Sweeney/Link moved to adjourn to Tuesday, November 18, 1997, at 7:00 P.M. Motion carried unanimously. The meeting was adjourned at 12:11 A.M. • mavl ei?( •ith S. Cox Clerk Esther TenEyck Recording Secretary /0. CONSENT CITY OF SHAKOPEE Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director RE: City Bill List DATE: November 25, 1997 Introduction and Background Attached is a print out showing the division budget status for 1997 based on data entered as of 11/25/97 . Also attached is a regular council bill list for invoices processed to date for council approval . Included in the check list but under the control of the EDA are checks for the EDA General Fund (code 0191-xxxx) and Blocks 3&4 (code 9439 & 9447) in the amount of $122, 033 . 24 . Action Requested Move to approve the bills in the amount of $270, 913 . 65 t CITY OF SHAKOPEE . EXPENSES BY DEPARTMENT 11/25/97 CURRENT YEAR ,___ __ ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 11 MAYOR & COUNCIL 89,410 2,591 48,108 54 12 CITY ADMINISTRATOR 249,980 6,568 151,644 61 13 CITY CLERK 170,090 10,249 140,943 83 15 FINANCE 329,150 10,050 260,513 79 16 LEGAL COUNSEL 217,320 26,765 152,205 70 17 COMMUNITY DEVELOPMENT 451,290 20,049 342,766 76 18 GENERAL GOVERNMENT BUILDINGS 176,740 12,905 125,919 71 31 POLICE 1,744,470 67,918 1,471,910 84 32 FIRE 463,690 26,600 377,433 81 33 INSPECTION-BLDG-PLMBG-HTG 250,720 10,421 204,959 82 41 ENGINEERING 425,780 21,092 320,788 75 42 STREET MAINTENANCE 781,860 40,381 598,611 77 44 SHOP 127,390 8,721 102,264 80 46 PARK MAINTENANCE 356,460 14,161 262,662 74 91 UNALLOCATED 1,431,387 3,097 1,020,588 71 TOTAL GENERAL FUND 7,265,737 283,567 5,581,314 77 17 COMMUNITY DEVELOPMENT 496,770 9,873 351,186 71 TOTAL TRANSIT 496,770 9,873 351,186 71 19 EDA 140,580 -1,168 85,329 61 TOTAL EDA 140,580 -1,168 85,329 61 ri m al os a a 0 0 000000 0 0 0 0 0 0 0 0 0 00 0 0 00 E A w 0 C Pi ZE 0 z ri W N N N N N Nto 0 U co un rn o rt l0 ri H O N O a1 Ol0 r-I W NC, N ri NNNNNN O H ri U1 0\Q1 Q1 01 Q1 Q1 CI M N t0 01 01 Q1 O 4-1 t0 T 10 01 U) scr M M CI d'd'd1 d'd' eM H Q1 C` V' VI W HM M VI ri CI O H. 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AI CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Amendment to the Zoning Map -Rezone property from Agricultural Preservation(AG)to Multiple Family Residential (R3) DATE: December 2, 1997 INTRODUCTION Pulte Homes, Inc. is requesting that the Official Zoning Map be amended to rezone a parcel currently zoned as Agricultural Preservation(AG)to Multiple Family Residential(R3). This property is located south of 17th Avenue extended and west of County Road 17(Marschall Road). A copy of the November 20, 1997,Planning Commission staff report is attached for reference. ALTERNATIVES 1. Amend the Zoning Map to rezone the subject property from Agricultural Preservation (AG)to Multiple Family Residential(R3). 2. Do not amend the Zoning Map. 3. Direct that the Comprehensive Plan be amended to reflect a different use for the subject site. 4. Table the decision and request additional information from the applicant or staff. PLANNING COMMISSION RECOMMENDATION The Planning Commission recommends Alternative No. 1. ACTION REQUESTED Offer Ordinance No. 507, and move its approval . , ,,4tA, id,, t 4Julie ' a Planner II i:\conundev1c61997\cc1202\tezpulte.doc 1 ORDINANCE NO. 507, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING THE ZONING MAP ADOPTED IN CITY CODE SEC. 11.03 BY REZONING LAND LOCATED SOUTH OF 17TH AVENUE EXTENDED AND WEST OF COUNTY ROAD 17 FROM AGRICULTURAL PRESERVATION(AG) TO MULTIPLE FAMILY RESIDENTIAL (R3)ZONE. WHEREAS, Pulte Homes, Inc., applicant, and Eldon Greenwood, property owner have made application for the rezoning of land legally described as attached on Exhibit A from Agricultural Preservation (AG)to Multiple Family Residential (R3); and WHEREAS, notices were duly sent and posted, and a public hearing was held before the Planning Commission on November 20, 1997, at which time all persons present were given an opportunity to be heard; and WHEREAS, the Planning Commission voted to recommend approval of the rezoning of the property to Multiple Family Residential (R3) to the City Council. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That the zoning map adopted in City Code Sec. 11.03 is hereby amended by rezoning land described as attached on Exhibit A from Agricultural Preservation (AG) to Multiple Family Residential (R3). Section 2 - Effective Date. This ordinance becomes effective from and after its passage and publication. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1997. Mayor of the City of Shakopee Attest: , City Clerk Published in the Shakopee Valley News on the day of , 1996. Prepared by: City of Shakopee 129 S. Holmes St. Shakopee, MN 55379 2 EXHIBIT 'A' The South ih of the Northwest 1/a of the Northeast 1/4 of Section 18, Township 115, Range 22, Scott County, Minnesota, excepting therefrom the following described parcels: A tract of land in the Northwest 1/4 of the Northeast 1/4 of Section 18, Township 115 North, Range 22 West, Scott County, Minnesota described as follows: Beginning at a point on the centerline of C.S.A.R. #17, distant 120.00 feet North of the intersection of said centerline and the South line of said Northwest 1/4 of the Northeast 1/a; thence North along said centerline a distance of 100.00 feet; thence West and parallel with the said South line a distance of 216.50 feet; thence South and parallel with the said centerline a distance of 100.00 feet; thence East a distance of 216.50 feet to the point of beginning. A tract of land in the Northwest 1/4 of the Northeast 1/4, Section 18, Township 115 North, Range 22 West, described as follows: Beginning at the intersection with the South line of said Northwest 1/a of the Northeast 1/a and the centerline of County State Aid Road #17; thence West along said South line a distance of 216.50 feet; thence North and parallel with said centerline a distance of 120.00 feet; thence East and parallel with said South line a distance of 216.50 feet to said centerline; thence South along said centerline a distance of 120.00 feet to the point of beginning. A tract of land in the Northwest 1/4 of the Northeast 1/a of Section 18, Township 115, Range 22, Scott County, Minnesota, described as follows: Beginning at a point on the centerline of C.S.A.R. #17, distance 380.00 feet North of the intersection of said centerline and the South line of said Northwest 1/4 of the Northeast 1/a; thence North along said centerline a distance of 100.00 feet; thence West and parallel with said South line a distance of 216.50 feet; thence South and parallel with the said centerline a distance of 100.00 feet; thence East a distance of 216.50 feet to the point of beginning. A tract of land in the Northwest 1/a of the Northeast 1/4 of Section 18, Township 115, Range 22, Scott County, Minnesota, described as follows: Beginning at a point on the centerline of C.S.A.R. #17 distant 280.00 feet North of the intersection of said centerline and the South line of said Northwest 1/4 of the Northeast 1/4; thence North along said centerline a distance of 100.00 feet; thence West and parallel with said South line a distance of 216.50 feet; thence South and parallel with said centerline a distance of 100.00 feet; thence East 216.50 feet to the point of beginning. CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima, Planner II SUBJECT: Amendment to the Zoning Map-Rezone property from Agricultural Preservation (AG)to Multiple Family Residential(R3) DATE: November 20, 1997 Site Information Applicant: Pulte Homes, Inc. Property Owner: Eldon Greenwood Site Location: West of County Road 17(Marschall Road)and south of 17th Avenue extended Current Zoning: Agricultural Preservation(AG) Adjacent Zoning: North: Highway Business (B1) South: Agricultural Preservation (AG) East: South Valley Medical Campus PUD West: Agricultural Preservation (AG) Comp. Plan: 1995: Medium Density Residential and High Density Residential Area: 17.92 Acres MUSA: The site is within the MUSA boundary INTRODUCTION The applicant is requesting that the City amend the Official Zoning Map to rezone a parcel currently zoned as Agricultural Preservation(AG)to Multiple Family Residential (R3). Please see Exhibit A for the location of the subject site. Exhibits are attached as follows: Exhibit A, Zoning Map; Exhibit B, 1995 Comprehensive Land Use Map; Exhibit C, City Code Section 11.22, Agricultural Preservation (AG)regulations; Exhibit D, City Code Section 11.34,Multiple Family Residential(R3)regulations; and Exhibit E, Communication from the applicant. CONSIDERATIONS 1. The Comprehensive Plan has set basic policies to guide the development of the City. The purpose of designating different areas for residential, commercial, and industrial land uses is to promote the location of compatible land uses, as well as to prevent incompatible land uses from being located in close proximity to one another. The Zoning Ordinance is one of the legal means by which the City implements the Comprehensive Plan. Exhibits C and D provide a list of the uses, both permitted and conditional, that are allowed in the Agricultural Preservation (AG)and Multiple Family(R3)Zones. 2. The Land Use Chapter of the 1995 Comprehensive Plan designated this area as"High Density Residential" and"Medium Density Residential". The rezoning of the site to "Multiple Family Residential", as requested by the applicant, would be in conformance with the 1995 Comprehensive Plan. 3. The purpose of the Multiple Family Residential (R3) Zone is to provide an area which will allow 7 to 18 multiple family dwelling units per acre, and also provide a transitional zone between single family residential areas and other land uses. FINDINGS The criteria required for the granting of a Zoning Ordinance Amendment are listed below with staff findings. Criteria#1 That the original Zoning Ordinance is in error; Finding #1 The original Zoning Ordinance is not in error. Criteria#2 That significant changes in community goals and policies have taken place; Finding #2 Significant changes in community goals and policies have, as expressed in the Comprehensive Plan,taken place. Criteria#3 That significant changes in City-wide or neighborhood development patterns have occurred; or Finding #3 Significant changes in City-wide or neighborhood development patterns have occurred. The construction of the Highway 169 bypass has provided access and visibility to portions of the community along its it corridor. Criteria#4 That the comprehensive plan requires a different provision. Finding #4 The Comprehensive Plan has identified this area for medium and high density residential use. Therefore,this request is in compliance with the land use plan in the 1995 Comprehensive Plan. ALTERNATIVES 1. Recommend to the City Council the approval of the request to rezone the subject property to Multiple Family Residential(R3)from Agricultural Preservation(AG). 2. Recommend to the City Council the denial of the request to rezone property to Multiple Family Residential(R3)from Agricultural Preservation(AG). 3. Continue the public hearing and request additional information from the applicant or staff. STAFF RECOMMENDATION Staff recommends Alternative No. 1. ACTION REQUESTED Offer a motion to recommend to the City Council the approval of the request to rezone the subject property to Multiple Family Residential(R3). ulie Klima Planned' is\commdev\boaa-pc\1997\nov20\rzpulte.doc Ailm p r---- ...,____, „„„,........! EXHIBIT A • \\ J 4*. ccI = I 2 . . . . 4 _ < . . 1_ alil s \ ‘‘ ' - - 11 TLIVIe = : ik I 11713= i IX ii ♦�� ii1644 t r_t:Al..‘, IN., .. ;7 'xi 'w2IPE ,,,,li • ;Q . _ AL1/11 .-3: < d 4 cr � � Q w Q ji S 8 J. - /J = x a a - 6 * -.t, ‘ .4. o CC "\, Eli ... . ' �vyI \ • . lAv 3CW= ? —/ --%,-.:. ,, h i \ \Al I . .E 5 f 17.-1%11 • EXHIBIT C § 11.22 SEC. 11.22. AGRICULTURAL PRESERVATION ZONE (AG). Subd. 1. Purpose. The purpose of the agricultural preservation zone is to preserve and promote agriculture in the unsewered areas of the City which are suitable for such use, to prevent scattered and leap-frog non-farm growth, and to prevent premature expenditures for such public services as roads, sewer, water, and police and fire protection. • Subd. 2. Permitted Uses. Within the agricultural preservation zone, no structure or land shall be used except for one or more of the following uses: A. agricultural uses; B. single family detached dwellings; C. forestry and nursery uses; • D. seasonal produce stands; E. riding academies; F. utility services; G. public recreation; H. public buildings; I. day care facilities serving 12 or fewer persons; J. group family day care facilities serving 14 or fewer children; or K. residential facilities serving six (6) or fewer persons. Subd. 3. Conditional Uses. Within the agricultural preservation zone, no structure or land shall be used for the following uses except by conditional use permit: A. commercial feedlots, which include yards, lots, pens, buildings, or other areas or structures used for the confined feeding of livestock or other animals for food, fur, pleasure, or resale purposes; B. home occupations; C. retail sales of nursery and garden supplies; D. cemeteries; E. churches and other places of worship; F. agricultural research facilities, which are facilities specifically operated for the purpose of conducting research in the production of agricultural crops, including research aimed at developing plant varieties. This term specifically excludes research pea.rimmed 1 1996 1111 • § 11.22 • regarding the development or research of soil conditioners, fertilizers, or other chemical additives placed in or on the soil or for the experimental raising of animals; G. animal hospitals and veterinary clinics; H. kennels. A kennel is any premise in which more than two domestic animals, over six months of age, are boarded, bred or offered for sale; I. public or private schools having a course of instruction approved by the Minnesota • Department of Education for students enrolled in K through grade 12, or any portion thereof; J. commercial recreation, minor; • K. utility service structures; L day care facilities serving 13 through 16 persons; M. residential facilities serving from 7 through 16 persons; N. wind energy conversion systems or windmills; 0. relocated structures; P. structures over 2-1/2 stories or 35 feet in height; developments containingmore than one principal structure per lot; or Q. P P P R. other uses similar to those permitted in this subdivision, as determined by the Board of Adjustment and Appeals. Subd. 4. Permitted Accessory Uses. Within the agricultural preservation zone the following uses shall be permitted accessory uses: A. machinery and structures necessary to the conduct of agricultural operations; B. garages; C. fences; D. recreational equipment; E. stables; F. swimming pools; G. solar equipment; H. tennis courts; pegs mow!u+1996 1112 § 11.23 • I. receive only satellite dish antennas and other antenna devices; or J. other accessory uses, as determined by the Zoning Administrator. Subd. 5. Design Standards. Within the agricultural preservation zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following requirements: A. Maximum density: one dwelling per 40 acres. B. Lot specifications: Minimum lot width: 1000 feet. Minimum lot depth: 1000 feet. Minimum front yard setback 100 feet. Minimum side yard setback 20 feet. Minimum rear yard setback 40 feet. C. Maximum height 35 feet. Grain elevators, barns, silos, and elevator lags may exceed this limitation without a conditional use permit. Subd. 6. Additional Requirements. A. AU dwellings shall have a depth of at least 20 feet for at least 50 percent of their width. All dwellings shall have a width of at least 20 feet for at least 50 percent of their depth. B. All dwellings shall have a permanent foundation in conformance with the Minnesota State Building Code. (Ord. 31, October 25, 1979; Ord. 264, May 26, 1989; Ord. 279, December 1, 1989; Ord. 304, November 7, 1991; Ord. 377, July 7, 1994; Ord. 435, November 30, 1995) SEC. 11.23. Reserved. pp��vwe n 1996 1113 § 11.34 EXHIBIT D SEC.11.34. MULTIPLE-FAMILY RESIDENTIAL ZONE (R-3). Subd. 1. Purpose. The purpose of the multiple-family zone is to provide an area which will allow 6 to 18 multiple-family dwelling units per acre, and also provide a transitional zone between single family residential areas and other land uses. Subd. 2. Permitted Uses. Within the multiple-family residential zone, no structure or land shall be used except for one or more of the following uses: A. multiple-family .dwellings containing three or more units; . B. existing single family and two-family dwellings; C. public recreation; • • D. utility services; E. ublic buildings;P 9 F. day care facilities serving 12 or fewer persons; or G. residential facilities serving six (6) or fewer persons. Subd.3. Conditional Uses. Within the multiple-family residential zone, no structure or land shall be used for the following uses except by conditional use permit A. nursing homes; B. churches and other places of worship; C. cemeteries; D. hospitals and clinics; E. public or private schools having a course of instruction approved by the Minnesota Department of Education for students enrolled in K through grade 12, or any portion thereof; F. bed and breakfast inns; G. utility service structures; H. day care facilities serving from 13 through 16 persons; I. residential facilities serving from 7 through 16 persons; .1. relocated structures; K. structures over 2-1/2 stories or 35 feet in height page nnneea in 1996 1154 • § 11.34 developments containing more than one principal structure per lot or M. other uses similar to those permitted by this subdivision, as determined by the Board of Adjustment and Appeals. Subd. 4. Permitted Accessory Uses. Within the multiple-family residential zone, the following uses shall be permitted accessory uses: A. open off-street parking spaces not to exceed three spaces per dwelling unit; • B. garages; C. fences; • D. gardening and other horticultural uses not involving retail sales; E. swimming pools; F. tennis courts; G. receive only satellite dish antennas and other antennas; H. solar equipment or 1. other uses similar to those permitted by this subdivision, as determined by the Zoning Administrator. Subd. 5. Design Standards. Within the multiple-family residential zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following requirements: A. Density: a minimum of seven and a maximum of 18 dwellings per acre. Streets shall be excluded in calculating acreage. B. Maximum impervious surface percentage: 60% C. Lot specifications: Minimum lot size: 1 acre Minimum lot width: 150 feet Minimum lot depth: 200 feet Minimum front yard setback: 50 feet Minimum side yard setback: One-half of building height or fifteen (15) feet,whichever is greater. All multiple-family residential structures 30 feet or greater in height shall be setback a minimum of four (4) times the height of the structure from the nearest low density residential (R-1A),urban residential (R-1 B), Old Shakopee residential (R- 1C), medium density residential (R-2), or multiple-family residential (R-3) zone line. ppe rwissd in 1996 1155 § 11.34 Minimum rear yard setback 40 feet D. Maximum height No structure shall exceed thirty-five (35) feet in height without a conditional use permit. Subd. 6. Additional Requirements. A. All dwellings shall have a depth of at least 20 feet for at least 50 percent of their width. All dwellings shall have a width of at least 20 feet for at least 50 percent of their depth . • B. All dwellings shall have a permanent-foundation in conformance with the Minnesota State Building Code. (Ord. 31, October 25, 1979; Ord. 60, May 14, 1981; Ord. 96, • November 11, 1982; Ord. 159,February 28, 1985;Ord.203, July 10, 1986; Ord. 246, • June 17, 1988; Ord. 264, May 26, 1989; Ord. 377;'July 7, 1994; Ord.'435, November •• 30, 1995) • SEC.11.35. Reserved. • (The next page is 1171.) page Rimmed in 1996 1156 • • PULTE EXHIBIT E Master Builder Pulte Homes of Minnesota October 13, 1997 Ms.Julie Klima U ul� � �V `�� CITY OF SHAKOPEE U�ll� 129 Holmes Street South OCT 3 i 91 Shakopee,MN 55379 RE: Westbury Ponds Dear Ms.Klima: Please fmd attached twenty(20) copies of the Zoning Amendment Application information for the subject property. Pulte Homes of Minnesota Corporation looks forward to further providing quality housing within the City of Shakopee. Our proposal is a Zoning Amendment from Agriculture Preserve (;:G) to Multiple-Family Residential Zone (R-3). The Shakopee Comprehensive Plan currently indicates the west half of the 17.92-acre parcel is guided as Medium Density Residential, while the east half is High Density Residential. The proposed use for the land is approximately 136 townhomes (8 unitsibuilding) for an overall density of approximately 8 units/acre. The request for R-3 is because of the 8 units/building, even though the overall density is within R-2 requirements(2.5-8units/acre). The Zoning Amendment is based on the City's incorporation of that portion of the City into the service area. The proposed zoning reflects the Shakopee Comprehensive Plan. Therefore, it is the applicant's opinion that the proposed use complies with the City's vision for the property. I look forward to working with you during the review process. Please do not hesitate to call me if you have any comments or questions. Sincerely, ?ULTE HOMES OF MINNESOTA CORPORATION V114,7,4,'? Dennis R. Griswold,RLA Land Project Manager 1355 MENDOTA HEIGHTS ROAD • SUITE 300 • MENDOTA HEIGHTS • MINNESOTA 55120-1112 PHONE:(612)452-5200 • FAX:(612)452-5727 • LICENSE#:0001371 .-n<v.�..x.� .w. ':t_.f tY.aw. -:a1i •.h-Y.Mn e<.2'+:xN.+++au sav-.♦ +.uvmaswrr Ml .+a-ti:-,as zam�s.v:.u:r.tin.�:1.?aWf..::.a:w.tituxaa ,avw�aw.uva.weua,wu-titin:•.YNR,-t.3]:K•e-4Mszv-Fv.-....a.:�'....-.cvxmnn 1 „ C K ' �Yi ,�SY f u-.. /l rhes," e i-.i , L V 2 r�1 i'f,a R 1 �c �, r b_ d DO ; -6 / On til�A • `• ,. ( ‘ti1 �• • � • i Idi pp4p fl t ��l }_' � a. _ E X� 1 1; 01 f _.� „i 1 l - r <b yy r uff Ij 1 i .I o b ,. t ti Rg y ut�i tni;-•I'',11.0s;� 1.n ,.w.a {.F,w.zc+m+a # � "t i� W._ k roL , �J i, 1. amu v. k '1 II jI4. I /gi i II I 1�, -I' 1--0�1. 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CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Amendment to the Zoning Map -Rezone property from Multiple Family Residential(R3)to Highway Business (B1) DATE: December 2, 1997 INTRODUCTION Michael Gilbertsen is requesting that the Official Zoning Map be amended to rezone a property currently zoned as Multiple Family Residential(R3)to Highway Business(B1). This property is located south of the West 3rd Avenue frontage road and County Road 69 intersection. A copy of the November 20, 1997,Planning Commission staff report is attached for reference. ALTERNATIVES 1. Amend the Zoning Map to rezone the subject property from Multiple Family Residential(R3)to Highway Business(B1), as requested by the applicant. 2. Amend the Zoning Map to rezone the subject property, in its entirety, to Highway Business(B1). 3. Do not amend the Zoning Map. 4. Direct that the Comprehensive Plan be amended to reflect a different use for the subject site. 5. Table the decision and request additional information from the applicant or staff. PLANNING COMMISSION RECOMMENDATION The Planning Commission recommends Alternative No. 1. ACTION REQUESTED Offer Ordinance No. 508, and move its approval. Julie Klima Planner II NOTE: The Planning Commission directed that the applicant shall provide a legal description of the area proposed for rezoning prior to City Council action on this item. At the time of the writing of this memo, staff had not received the appropriate legal description. Therefore,a legal description has not been included with Ordinance No. 508. Should the legal description be provided prior to the meeting on December 2, it will be placed on the table for Council's consideration. i:\conundev\cc\19971cc1202\rezcars.doc 1 /3. 13 Exit;b.si VALLEY SORVBYING CO., P.A. RECEIVEDDEC 2 1997 16670 Franklin Trail S.E Suite 120C Prior Lake, MN. 55372 December 2, 1997 Description prepared for: Mike Gilbertsen 1480 3rd Avenue West Shakopee, Mn. 55379 Re: Description to rezone a portion of Outlot A, from R-3 to B-1: DESCRIPTION: That part of Oatlot A, LONG VIEW ESTATES, Scott County, Minnesota, described as follows: Commencing at the most northerly corner of said Outlot A; thence South 71 degrees 58 minutes 09 seconds East along the northerly line of said Outlot A, a distance of 257.72 feet to the point of beginning of the land to be described; thence continuing South 71 degrees 58 minutes 09 seconds East along said northerly line a distance of 95.93 feet; thence South 33 degrees 58 minutes 45 seconds West a distance of 232.91 feet to the intersection with the northwesterly extension of the easterly line of Lot 1, Block 7, of said plat; thence South 23 degrees 46 minutes 58 seconds East along said northwesterly extension a distance of 140.00 feet to the northeasterly corner of said Lot 1, Block 7; thence South 56 degrees 39 minutes 17 seconds West along the north line of said Lot 1, Block 7, a distance of 869.23 feet; thence North 39 degrees 28 minutes 09 seconds East a distance of 419.96 feet; thence along a tangential curve concave to the southeast, having a radius of 11,109.16 feet, a central angle of 3 degrees 27 minutes 32 seconds, an arc length of 670.66 feet to the point of beginning. Containing 3.215 acres = 140,062.7 sq. ft. Dep ion p :� by: .onald a. Swanson, Land--Surveyor Minnesota License Number 10183 file no. 8617 Revised 12-02-97 for computation error. TOTAL P.02 ORDINANCE NO. 508, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING THE ZONING MAP ADOPTED IN CITY CODE SEC. 11.03 BY REZONING LAND LOCATED SOUTH OF THE WEST 3RD AVENUE AND COUNTY ROAD 69 INTERSECTION FROM MULTIPLE FAMILY RESIDENTIAL (R3)ZONE TO HIGHWAY BUSINESS (B1)ZONE. WHEREAS, Michael Gilbertsen, property owner has made application for the rezoning of land legally described as attached on Exhibit A from Multiple Family Residential (R3) to Highway Business (B 1); and WHEREAS, notices were duly sent and posted, and a public hearing was held before the Planning Commission on November 20, 1997, at which time all persons present were given an opportunity to be heard; and WHEREAS, the Planning Commission voted to recommend approval of the rezoning of the property to Highway Business (B1) to the City Council. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That the zoning map adopted in City Code Sec. 11.03 is hereby amended by rezoning land described as attached on Exhibit A from Multiple Family Residential (R3)to Highway Business (B 1). Section 2 - Effective Date. This ordinance becomes effective from and after its passage and publication. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1997. Mayor of the City of Shakopee Attest: , City Clerk Published in the Shakopee Valley News on the day of , 1996. Prepared by: City of Shakopee 129 S. Holmes St. Shakopee, MN 55379 2 • 1 7 CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima, Planner II SUBJECT: Amendment to the Zoning Map-Rezone property from Multiple Family Residential (R3)to Highway Business(B1) DATE: November 20, 1997 Site Information Applicant/Property Owner: Michael Gilbertsen Site Location: South of the West 3rd Avenue frontage road and County Road 69 intersection Current Zoning: Multiple Family Residential (R3) Adjacent Zoning: North: Highway Business (B 1) South: Multiple Family Residential (R3) East: Multiple Family Residential (R3) West: Highway Business (B 1) Comp. Plan: 1995: Commercial Area: 3.45 Acres MUSA: The site is within the MUSA boundary INTRODUCTION The applicant is requesting that the City amend the Official Zoning Map to rezone property currently zoned as Multiple Family Residential (R3) to Highway Business (B1). Please see Exhibit A for the location of the subject site. Exhibits are attached as follows: Exhibit A, Zoning Map; Exhibit B, 1995 Comprehensive Land Use Map; Exhibit C, City Code Section 11.34, Multiple Family Residential (R3) regulations; Exhibit D, City Code Section 11.36, Highway Business(B1) regulations; and Exhibit E, Communication from the applicant. CONSIDERATIONS 1. The Comprehensive Plan has set basic policies to guide the development of the City. The purpose of designating different areas for residential, commercial, and industrial land uses is to promote the location of compatible land uses, as well as to prevent incompatible land uses from being located in close proximity to one another. The Zoning Ordinance is one of the legal means by which the City implements the Comprehensive Plan. Exhibits C and D provide a list of the uses, both permitted and conditional, that are allowed in the Multiple Family (R3) and Highway Business(B 1)Zones. 2. The Land Use Chapter of the 1995 Comprehensive Plan designated this area as"Commercial". The rezoning of a portion of the site to "Highway Business", as requested by the applicant, would be in conformance with the 1995 Comprehensive Plan. 3. The purpose of the Highway Business (Bl) Zone is to provide an area for business uses fronting on or with immediate access to arterial and collector streets. 4. The purpose of the Multiple Family Residential (R3) Zone is to provide an area which will allow 7 to 18 multiple family dwelling units per acre, and also provide a transitional zone between sing family residential areas and other land uses. 5. Outlot A (the parcel owned by the applicant) is approximately 12 acres in size. A portion of the property is currently zoned Highway Business (B 1), please see Exhibit A. That portion already zoned Highway Business (B1) operates a car lot for which a Conditional Use Permit (CUP) was approved in July, 1997. The applicant is requesting that another portion of the property (approximately 3.45 acres) be rezoned to Highway Business. This request would leave a portion of the site zoned as Multiple Family Residential (R3). The 1995 Comprehensive Land Use Map designates Outlot A, in its entirety, for commercial development. Because of the land use designation the property is unlikely to be developed residentially. In addition, the current zoning of the property is inconsistent with the land use designation on the Comprehensive Land Use Plan. Therefore, staff is recommending that Outlot A, in its entirety, be rezoned to Highway Business(B 1). FINDINGS The criteria required for the granting of a Zoning Ordinance Amendment are listed below with staff findings. Criteria#1 That the original Zoning Ordinance is in error; Finding #1 The original Zoning Ordinance is not in error. Criteria#2 That significant changes in community goals and policies have taken place; Finding #2 Significant changes in community goals and policies have, as expressed in the Comprehensive Plan,taken place. Criteria#3 That significant changes in City-wide or neighborhood development patterns have occurred; or Finding #3 Significant changes in City-wide or neighborhood development patterns have not occurred. Criteria#4 That the comprehensive plan requires a different provision. Finding #4 The Comprehensive Plan has identified this area for commercial use. Therefore,this request is in compliance with the land use plan in the 1995 Comprehensive Plan. ALTERNATIVES 1. Recommend to the City Council the approval of the request to rezone Outlot A, in its entirety, to Highway Business (B 1)from Multiple Family Residential (R3). 2. Recommend to the City Council the approval of the request to rezone only a portion of Outlot A, as requested by the applicant to Highway Business (B1) from Multiple Family Residential (R3). 3. Recommend to the City Council the denial of the request to rezone property to Highway Business(B1) from Multiple Family Residential(R3). 4. Continue the public hearing and request additional information from the applicant or staff. STAFF RECOMMENDATION Staff recommends Alternative No. 1. ACTION REQUESTED Offer a motion to recommend to the City Council the approval of the request to rezone Outlot A, in its entirety, to Highway Business(B1). (If the Planning Commission chooses Alternative No. 2, staff recommends including a condition that the applicant must provide a legal description of the property recommended to be rezoned prior to City Council review of the rezoning.) -) • ,,' - / e Klima Planner II i:\commdev\boaa-pc\1997\nov20\rzcarown.doc § 11.34 SEC. 11.34. MULTIPLE-FAMILY RESIDENTIAL ZONE (R-3). EXHIBIT C Subd. 1. Purpose. The purpose of the multiple-family zone is to provide an area which will allow 6 to 18 multiple-family dwelling units per acre,and also provide a transitional zone between single family residential areas and other land uses. Subd. 2. Permitted Uses. Within the multiple-family residential zone, no structure or land shall be used except for one or more of the following uses: A. multiple-family dwellings containing three or more units; B. existing single family and two-family dwellings; C. public recreation; D. utility services; • E. public buildings; - F. day care facilities serving 12 or fewer persons; or G. residential facilities serving six (6) or fewer persons. Subd.3. Conditional Uses. Within the multiple-family residential zone, no structure or land shall be used for the following uses except by conditional use permit A. nursing homes; B. churches and other places of worship; C. cemeteries; D. hospitals and clinics; E. public or private schools having a course of instruction approved by the Minnesota Department of Education for students enrolled in K through grade 12, or any portion thereof; F. bed and breakfast inns; G. utility service structures; H. day care facilities serving from 13 through 16 persons; I. residential facilities serving from 7 through 16 persons; J. relocated structures; K. structures over 2-1/2 stories or 35 feet in height; 9.9.rn.u.d n 1996 1154 § 11.34 Minimum rear yard setback 40 feet D. Maximum height No structure shall exceed thirty-five (35) feet in height without a conditional use permit. Subd. 6. Additional Requirements. A. All dwellings shall have a depth of at least 20 feet for at least 50 percent of their width. All^dwellings shall have a width of at least 20 feet for at least 50 percent of their depth. • • • B. All dwellings shall have a permanent foundation in conformance with the Minnesota State Building Code. (Ord. 31, October 25, 1979; Ord. 60, May 14, 1981; Ord. 96, • November 11, 1982; Ord. 159, February 28, 1985;Ord.203, July 10, 1986; Ord. 246, ' June 17, 1988; Ord. 264, May 26, 1989; Ord. 377;July 7, 1994; Ord.•435, November • 30, 1995) SEC.11.35. Reserved. . (The next page is 1171.) p.a.ew.;,.e:,1996 1156 § 11.34 L. developments containing more than one principal structure per lot; or • M. other uses similar to those permitted by this subdivision, as determined by the Board of Adjustment and Appeals. Subd. 4. Permitted Accessory Uses. Within the multiple-family residential zone, the following uses shall be permitted accessory uses: A. open off-street parking spaces not to exceed three spaces per dwelling unit; B. garages; C. fences; • D. gardening and other horticultural uses not involving retail sales; E. swimming pools; • F. tennis courts; G. receive only satellite dish antennas and other antennas; H. solar equipment or 1. other uses similar to those permitted by this subdivision, as determined by the Zoning Administrator. Subd. 5. Design Standards. Within the multiple-family residential zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following requirements: A. Density: a minimum of seven and a maximum of 18 dwellings per acre. Streets shall be excluded in calculating acreage. B. Maximum impervious surface percentage: 60% C. Lot specifications: Minimum lot size: 1 acre Minimum lot width: 150 feet Minimum lot depth: 200 feet Minimum front yard setback 50 feet Minimum side yard setback One-half of building height or fifteen (15) feet,whichever is greater. All multiple-family residential structures 30 feet or greater in height shall be setback a minimum of four (4) times the height of the structure from the nearest low density residential (R-1A), urban residential (R-18), Old Shakopee residential (R- 1C), medium density residential (R-2), or multiple-family residential (R-3) zone line. ' page rwi..d In 1996 wi.. EXHIBIT D § 11.36 • SEC. 11.36. HIGHWAY BUSINESS ZONE (B-1). Subd. 1. Purpose. The purpose of the highway business zone is to provide an area for business uses fronting on or with immediate access to arterial and collector streets. Subd. 2. Permitted Uses. Within the highway business zone, no structure or land shall be used except for one or more of the following uses: A. motels and hotels; B. restaurants, class I; C. retail establishments; D. utility services; E. administrative, executive and professional offices; F. financial institutions; G. medical or dental clinics; or H. public buildings. Subd. 3. Conditional Uses. Within the highway business zone, no structure or land shall be used for the following uses except by conditional use permit: A. taverns; B. churches; C. animal hospitals and veterinary clinics; D. open sales lots or any use having exterior storage of goods for sale; E. gas stations; F. restaurants, class II; G. private lodges and clubs; H. commercial recreation, major or minor, I. bed and breakfast inns; J. uses having a drive-up or drive-through window; K. vehicle sales, service, or repair, including general repair, rebuilding or reconditioning of engines or vehicles, including body work, frame work and major painting service, p.qo revu.a in t996 1171 $ 11.36 replacement of any part or repair of any part, incidental body and fender work, painting or upholstering; L car washes; M. hospitals; N. theaters; 0. funeral homes; P. utility service structures; Q. day care facilities; R. relocated structures; S. structures over 35 feet in height; T. developments containing more than one principal structure per lot; or U. retail centers; or V. other uses similar to those permitted in this subdivision, as determined by the Board of Adjustment and Appeals. Subd.4. Permitted Accessory Uses. Within the highway business zone the following uses shall be permitted accessory uses: A. any incidental repair or processing necessary to conduct a permitted principal use; B. parking and loading spaces; C. temporary construction buildings; D. decorative landscape features; or E. other accessory uses customarily appurtenant to a permitted use, as determined by the Zoning Administrator. Subd. 5. Design Standards. Within the highway business zone, no land shall be used, and no structure shall be constructed or used, except in conformance with the following minimum requirements: A. Density: minimum lot area: (new lots): 1we-acres 63rJV (existing lots): 8,000 square feet maximum floor area ratio: .50 p.w n.n.e n 1996 1172 •• § 11.37 B. Maximum impervious surface percentage: 75% • C. Lot specifications: minimum lot width: (new lots): 100 feet (existing lots): 60 feet minimum front yard setback: 30 feet minimum side yard setback: 20 feet minimum rear yard setback: 30 feet minimum side or rear yard setback from residential zones: 75 feet D. Maximum height 35 feet without a conditional use permit (Ord. 31, October 25, 1979; Ord. 150, October 4, 1984;Ord. 158, January 31, 1985; Ord. 159, February 28, 1985; Ord. 246, June 17, 1988; Ord. 264, May 26, 1989; Ord. 275, September 22, 1989; Ord. 279, December 1, 1989; Ord. 292, September 7, 1990; Ord. 320, October 31, 1991; Ord. 377, July 7, 1994; Ord. 434, November 30, 1995) SEC.11.37. Reserved. b _ • pp.T wO n 1996 1173 Seller to Buyer Display Lot EXHIBIT E RECEIVED � ___ _- -- J. - OCT 2 7 1997 CARS BY OWNER° P.O. BOX 378•SHAKOPEE,MN 55379 612-445-4393 October 24 , 1997 City of Shakopee 129 South Holmes Street Shakopee , MN 55379 Re : Zoning Amendm7:n . Application: Mike Cilbertsen Dear Sir/Madam: .Attach:.'d find :lig a %pi iC,._ . son . ill a zoning ch.ing . acres , which is part of O u t i o t A, 1.o n g v i ; : _ ; tai , _ First Addition , from (prawn ; iy ) R-3 to i - t . The land in question is primarily a very long, narrow triangle , not suited for any development of li s own IIIerits , It ' s within ( a part of ) Outlot A. Longview Estates First Addition, of which the majority is presently zoned B- 1 , and is under common ownership . This B-i property is currently used by Cars By Owner as a vehicle consignment sales lot , under a C .L . P . (City Resolution n PC97-64 ) . This zoning change request is in keeping with Shakopee ' s long range "Comprehensive Plan" . Thank you for your consideration. Sincerely, Michael N. Gilhertsen Owner . •••-,,,, ,-,,,,,.. 1 .., ,.." ....1„, 4...' EXHIBIT A Iiii I I° „....-- .............„...4________...---,........„.., Cara By \ Own , .erIre - - .. eitfVP 1 ,• - . . .. . , P.O. 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V O . ii t ,1 iT} at}=' l k kV` .4" ,`"'�Y CP', t?{(..� *` ftji'Nh � #`, .+1 \ ;.y✓^"V ."S 4 '43 t Pi P� �xi.�. u . .. _.tea _.. � u�� A _ � �x ° y� r�� �.___ _tea ju ... ._ �rnn., ... .•c,-_-"-_"". .. .v �. ... _. ._. ... . ...._ .. .,end €t , 1 r\ �, T t ti y'j hl il �tP, �. II 0 , pk . 3 � O c ,, s 0 c to r rini ,�_ y. m O , Cro ° 3 ` o; C)to1Z-4 V) S c gi mF ' , O OOe, 0O! I94 co Tn op o c a Hv ° O MftIcs Zes tD CD D' 9. c F� 1 ZZ � 1 pz n w z, m 5' 73 > hrl r C C7 m m OZ F.- . O (A b ' F '..a�., t` on E 131 C CITY OF SHAKOPEE CONSENT Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Beth Handrich, Planning Intern SUBJECT: Text Amendment Regarding Shared Driveways DATE: December 2, 1997 INTRODUCTION & BACKGROUND Staff is proposing an amendment to City Code regarding the review process of shared driveways. Currently, when a plat, which is approved by the Planning Commission, includes shared driveways, a separate application must be made to the Board of Adjustment and Appeals. Staff believes that excess staff and applicant resources are spent by requiring a separate application and feels that this process could be done more efficiently if done by the Planning Commission at time of plat approval. At the November 20, 1997 Planning Commission meeting, the proposed text amendment did receive recommended approval with added language for clarification purposes. Please find the November 20, 1997 memorandum attached for reference. Staff proposes to amend City Code in the following manner: City Code Section 11.62 (Driveways) Subd. 2. D., by adding: D. Shared Driveways. Driveways serving more than one lot or parcel of land may be approved by the Board of Adjustment and Appeals except when said plans are part of the platting process, at which time such driveways shall be approved by the Planning Commission. The Board of Adjustment and Appeals in approving share driveways shall require the following: and, City Code Section 11.84 (Board of Adjustment and Appeals) Subd. 4., by adding: Subd. 4. Shared Driveways. The Board of Adjustment and Appeals shall review applications for shared driveways, except when said plans are part of the platting process, for compliance with the requirements of Sec. 11.62 of this Chapter. When said plans are part of the platting process, the Planning Commission shall review the application for compliance. The Board shall approve a shared driveway when it finds that the application meets the intent of this Chapter and is not detrimental to the owners and occupants of the affected property. ALTERNATIVES 1. Approve the text amendment as proposed. 2. Approve the text amendment with revisions. 3. Do not approve the text amendment. 4. Table the matter to request additional information from staff. PLANNING COMMISSION RECOMMENDATION The Planning Commission has recommended approval of the text amendment with revisions. ACTION REQUESTED Offer Ordinance No. 506, and move its approval. 4A eth Handrich Planning Intern i:\commdev\c61997\cc1202\tashrdrv.doc ORDINANCE NO. 506, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CHAPTER 11,ZONING, SECTION 11.62 (DRIVEWAYS), SUBD. 2.D. AND SECTION 11.84 (BOARD OF ADJUSTMENT AND APPEALS), SUBD. 4 BY CHANGING THE REVIEW PROCESS OF SHARED DRIVEWAYS WHEN PART OF THE PLATTING PROCESS THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA, ORDAINS: Section 1 - That City Code Chapter 11, Zoning, Section 11.62 (Driveways), Subd. 2.D., is herebyamended b Yaddinglanguage a to read as follows: D. Shared Driveways. Driveways serving more than one lot or parcel of land may be approved by the Board of Adjustment and Appeals except when said plans are part of the platting process, at which time such driveways shall be approved by the Planning Commission. The Board of Adjustment and Appeals in approving share driveways shall require the following: Section 2 - That City Code Chapter 11, Zoning, Section 11.84 (Board of Adjustment and Appeals), Subd. 4., is hereby amended by adding language to read as follows: Subd. 4. Shared Driveways. The Board of Adjustment and Appeals shall review applications for shared driveways, except when said plans are part of the platting process, for compliance with the requirements of Sec. 11.62 of this Chapter. When said plans are part of the platting process, the Planning Commission shall review the application for compliance. The Board shall approve a shared driveway when it finds that the application meets the intent of this Chapter and is not detrimental to the owners and occupants of the affected property. Section 3 - Effective Date. This ordinance becomes effective from and after its passage and publication. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1997. Mayor of the City of Shakopee ATTEST: City Clerk Published in the Shakopee Valley News on the day of , 1997. PREPARED BY: City of Shakopee 129 Holmes Street South Shakopee, MN 55379 CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Beth Handrich, Planning Intern SUBJECT: Text Amendment Regarding Shared Driveways DATE: November 20, 1997 INTRODUCTION Section 11.62 (Driveways) Subd. 2. D. currently states that shared driveways, driveways serving more than one lot or parcel of land, shall be approved by the Board of Adjustment and Appeals. When a plat, which is approved by the Planning Commission, includes shared driveways, a separate application must be made to the Board. By requiring it to be approved through the Board, additional staff time must be spent reviewing plans, an additional staff report must be created, and the applicant must attend an additional hearing. Staff believes that this process could be done more efficiently if done by the Planning Commission at time of plat approval. DISCUSSION In order to make the shared driveway approval process more efficient, staff proposes to amend City Code in the following manner: City Code Section 11.62 (Driveways) Subd. 2. D., by adding: D. Shared Driveways. Driveways serving more than one lot or parcel of land may be approved by the Board of Adjustment and Appeals except when said plans are part of the platting process. The Board of Adjustment and Appeals in approving share driveways shall require the following: and, City Code Section 11.84 (Board of Adjustment and Appeals) Subd. 4., by adding: Subd. 4. Shared Driveways. The Board of Adjustment and Appeals shall review applications for shared driveways, except when said plans are part of the platting process, for compliance with the requirements of Sec. 11.62 of this Chapter. The Board shall approve a shared driveway when it finds that the application meets the intent of this Chapter and is not detrimental to the owners and occupants of the affected property. Section 11.83, Subd. 2 of the City Code states that "the City Council may grant a Zoning Ordinance amendment when it finds that one or more of the following criteria exist." Based on these criteria, staff has prepared the following draft findings: Criteria#1 That the original Zoning Ordinance is in error; Finding#1 The Zoning Ordinance is in error in that it creates an inefficiency in the approval process of shared driveways. The current process, which requires approval by the Board of Adjustment and Appeals, demands excess staff and applicant resources as well as allowing greater opportunity for review error in that it requires two separate review processes. Criteria#2 That significant changes in community goals and policies have taken place; Finding#2 Significant changes in community goals and policies have not taken place. Criteria#3 That significant changes in City-wide or neighborhood development patterns have occurred; or Finding#3 Significant changes in development patterns have not occurred. Criteria#4 That the Comprehensive Plan requires a different provision. Finding#4 The Comprehensive Plan does not require a different provision, but the proposed amendment is not in conflict with the Comprehensive Plan. ALTERNATIVES 1. Recommend the proposed text amendment to the City Council. 2. Recommend the proposed text amendment, with revisions, to the City Council. 3. Do not recommend the proposed text amendment to the City Council. 4. Table the matter for additional information. STAFF RECOMMENDATION Staff recommends Alternative No. 1. ACTION REOUESTED Offer and pass a motion recommending approval of the proposed text amendment to the City Council. ,2 t,46 Handrich Planning Intern i:\conundev\boaa-pc\1997\nov20\tashrdrv.bh 1% ,9 /, CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Removal of Stop Signs at 10th Avenue and Apgar Street Intersection DATE: December 2, 1997 INTRODUCTION: At previous City Council meetings, Council directed staff to review the 4-way stop signage at the intersection of 10th Avenue and Apgar Street and the specific direction was to consider the removal of stop signs on 10th Avenue at this intersection. BACKGROUND: Staff has conducted an engineering study on the traffic volume at the intersection of 10th Avenue and Apgar Street. This study is attached and this stop sign warrant study was conducted according to the requirements in the Minnesota Manual on Uniform Traffic Control Devices (MMUTCD) as approved by Mn/DOT. This manual is widely utilized for signage of streets and roadways throughout Minnesota. Traffic counts were taken on November 18, 19 and 20 to complete the 48 hour traffic count as required. From this study it has been determined that at the current traffic volumes, this intersection does not meet the warrant for a multi-way stop sign condition. The main reason for this is that the traffic volume from Apgar Street does not meet the minimum requirements of at least 200 units per hour for an eight hour period, as per the MMUTCD. This intersection would meet the requirements of stop signs on Apgar Street as the traffic volume on 10th Avenue is considered a through collector street. In review of this intersection and the surrounding area, staff would have these following comments: • The developments south of 10th Avenue near Apgar Street are not fully developed and it is anticipated that these developments will be near full development next year. This could affect the traffic counts and volume at this intersection. • Apgar Street is no longer a County Road or a city collector street due to the realignment of Fuller Street to Apgar Street south of 10th Avenue. • If stop signs are removed on 10th Avenue at this intersection, the multi-way stop sign conditions are at Adams Street and 10th Avenue and Fuller Street and 10th Avenue which is approximately 7/10 of a mile spacing. • If stop signs are removed, temporary signs stating "Traffic Control Change" should be placed on all 4 legs of the intersection to alert motorists. • If stop signs are removed, stop signs on Apgar Street should have an additional sign that states "Cross Traffic Does Not Stop". This would alert the motoring public of this traffic signage change. The appropriate time to change signage for the motoring public is in the spring, summer or fall months, in which the street pavements are free of snow and ice. This would allow the motoring public to have the maximum braking power to avoid any possible accidents due to a signage change. Staff also did check with the School District for any concerns on the removal of stop signs at this intersection and no concern was given by District officials. At this time, staff would recommend that the stop signs not be removed at this time for these following reasons: • The area south of 10th Avenue and Apgar Street is not fully developed and additional traffic will be utilizing this area in the future. • The appropriate time to make a traffic signage change is in the spring, summer and fall months when the pavement is free of snow and ice. • By delaying action on the signage change until next year, it would allow staff to have sufficient time to notify residents in the surrounding area who may wish to address the Council in this issue. ALTERNATIVES: 1. Direct staff to remove the stop signs on 10th Avenue, at the intersection of 10th Avenue and Apgar Street, and to install the appropriate warning signs at this time. 2. Direct staff to remove the stop signs on 10th Avenue, at the intersection of 10th Avenue and Apgar Street, and to install the appropriate warning signs during the spring/summer of 1998. 3. Direct staff to leave the traffic signage as is and to restudy this area in the spring/summer of 1998 for the consideration of removal of stop signs at 10th Avenue and Apgar Street. 4. Table for additional information. RECOMMENDATION: Staff recommends Alternative No. 3, for the reasons previously stated in this memo. If Council does not want the intersection restudied, Alternatives No. 1 or 2 should be directed by Council to staff. ACTION REQUESTED: Direct staff to leave the traffic signage as is, at the intersection of 10th Avenue and Apgar Street, and to restudy the warrants for a multi-way stop sign condition in the spring/summer of 1998. j81,0 Bruce Loney Public Works Director BL/pmp STO Does the Intersection of Apgar Street & 10th Avenue Meet the Warrant for a Stop Sign? A stop sign is warranted if one of the following conditions exist: (Conditions are from the MN Manual on Uniform Traffic Control Devices, pages 2B-2 to 2B-4, 1991) 1. Intersection of a less important road with a main road where application of the normal right-of-way rule is unduly hazardous According to the 48-hour traffic counts, Apgar Street is the minor road, and 10th Avenue is the major road. (Please refer to the attached traffic count data). 2. Street entering a through highway or street According to the 48-hour traffic counts, Apgar Street is entering the through street, 10th Avenue. (Please refer to the attached traffic count data). 3. Unsignalized intersection in a signalized area The area is not signalized. 4. Other intersections where a combination of high speed, restricted view, and serious accident record indicates a need for control by the STOP sign This intersection does not have high speed, a restricted view, or a serious accident record. It is assumed that drivers are maintaining the local speed limit of 30 miles per hour. The sight distance at the intersection meets the city code. According the Shakopee Police Department, two accidents have occurred during the last twelve months, but this is not considered to be a serious accident record. The intersection still requires stop signs because conditions 1 and 2 (listed above) exist. The results from a recent traffic count study indicate that the stop signs could be removed from the major street, 10th Avenue. Does the Intersection of Apgar Street & 10th Avenue Meet the Warrant for Multiway Stop Signs? A stop sign is warranted if one of the following conditions exist: (Conditions are from the MN Manual on Uniform Traffic Control Devices, pages 2B-2 to 2B-4, 1991) 1. Where traffic signals are warranted and urgently needed Traffic signals are not needed at the intersection. 2. An accident problem, as indicated by five or more reported accidents of a type susceptible of correction by a multiway stop installation in a 12- month period. Such accidents include right- and left-turn collisions as well as right-angle collisions. According to the Shakopee Police Department, only two accidents have been reported during the last twelve months. (Please refer to the attached police accident reports). 3. Minimum traffic volumes a) The total vehicular volume entering the intersection from all approaches must average at least 500 vehicles per hour for any 8 hours of an average day, and The total vehicular volume entering the intersection from all approaches does average at least 500 vehicles per hour for 8 hours. (Please refer to the attached traffic count data). b) The combined vehicular and pedestrian volume from the minor street or highway must average at least 200 units per hour for the same 8 hours, with an average delay to minor street vehicular traffic of at least 30 seconds per vehicle during the maximum hour, but The volume does not average at least 200 units per hour for 8 hours for Apgar St., which is the intersection's minor street. c) When the 85-percentile approach speed of the major street traffic exceeds 40 miles per hour, the minimum vehicular volume warrant is 70 percent of the above requirements. City staff did not conduct a speed study of the vehicles at this intersection since it is assumed that most vehicles travel at the local speed limit of 30 miles per hour. None of the above conditions exist, therefore multiway stop signs are not warranted for the intersection. q/sara/apgr&10 Volume Count for Apgar St & 10th Ave November 18, 1997 - November 20, 1997 y ` 1:00 22 3 19 2:00 10 2 8 3:00 8 0 8 4:00 6 2 4 5:00 11 4 7 6:00 35 5 30 7:00 136 24 112 8:00 361 49 312 9:00 288 42 246 10:00 223 25 198 11:00 198 23 175 12:00 229 37 192 13:00 257 42 215 14:00 246 38 208 15:00 375 83 292 16:00 398 62 336 17:00 500 90 410 18:00 393 62 331 19:00 409 55 354 20:00 288 47 241 21:00 267 38 229 22:00 159 22 137 23:00 82 23 59 0:00 47 5 42 CITY OF SHAKOPEE Daily Traffic Volume Report 0 1— 224 2 2 4 DATE PREPARED: 12-1-97 w Cr I- (f) - T STREET � i' 3505-- ----- [793 559 Total Daily Volume Entering Intersection: 9081 Southbound — 2.5% Northbound — 6.2% Westbound — 52.8% Eastbound — 38.6% INTERSECTION APGAR ST. & 10TH AVE. IN SHAKOPEE FROM 11 -18-97 TO 11 -20-97 SOURCE Traffic Counts e -nlAS �� W Inliiin i o W OW S O O i SIP\all i '-Z. v) --: 0 ' 1 U CO \------------ I- GO 1 \\>>___7 1 Z'` = SNd1S N 1- AdVd JII J \ v\) v a' I'lli d Ifi 11\3 ‘11a� ld I 1 00 0'131i iSI :I 11 &; CD Q 11 ' i S ed9dd E--- , is Ji-( U° w f > W W I F Q > W 11111,0<o:1111, Q Z W Av /v\AnH W w q P z z z z '00 I 1� �- w . 3 w �- z 0- UIIIIIIIII 1 V Z Id IIIIIIIIINI 1S = 3 - Ic ' YW ' 1 S 1 A V r Z. ' 1S A 15 � aw U 111 Irt > �dn 1S � ce Y W N Q W W U it _.„= .-.„- J Q Z y -- W O_ H Z W _ -- / Y Q U J O g U LY M U W Q a� , W Li fy } N W Q J Z w Z O O Z U > aif W W i - '1.1 m W U Q' N J N GC Q W A / SA Cd // SI '_ _ \ d S \ W 1 . 0 S = 1SI o 1 s ��g^ i I o 4 . .4 I INTERSECTION WITH TE•.STREET,CO LM EIrPGRIT OR FEATuRE�_! ten. G �► c7- • .LAST) Rod �2AcoS fepo. (1 ��� �,°AY—CP Ia2 3 SS Allay(9,Q.e,..) i �� �. r es chM y. 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CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Removal of Stop Signs at the Intersection of 10th Avenue and Apgar Street DATE: December 2, 1997 INTRODUCTION: The City Council has directed staff to look at the 4-way stop sign intersection of 10th Avenue and Apgar Street for consideration of removal of stop signs on 10th Avenue at this intersection. BACKGROUND: The intersection of 10th Avenue and Apgar Street has been signed for a 4-way stop sign condition. This signage is due to the location of Apgar Street or C.R. 77 with 10th Avenue. Apgar Street has been realigned to Fuller Street south of 10th Avenue and Apgar Street is no longer a County road. This realignment was constructed in 1995 and the turnback of C.R. 77 and Apgar Street was also done in 1995. In 1997 the Meadows North development was approved which vacated a portion of Apgar Street and connected Apgar Street to Thomas Avenue south of 10th Avenue. The Engineering staff was waiting until the streets were constructed in the Meadows North Subdivision and the road closed barricades removed in order to obtain traffic volume counts at this intersection. The streets have been completed and barricades removed and staff is attempting to obtain traffic counts which must be over a 48 hour period. Staff does not have the traffic volumes at this time in order to analyze whether or not this intersection still warrants a 4-way stop sign condition. It is anticipated that these traffic counts will be available for the December 2, 1997 Council meeting. If traffic counts are not available, this item will have to be removed from the agenda. id",/-/( `Bruce Loney Public Works Director BL/pmp COUNTS CONSENT J CITY OF SHAKOPEE - / , 02 Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Termination of Probationary Status Dave Rutt and Bill Egan DATE: December 2, 1997 INTRODUCTION: The probationary period for the Street Lead Person and Park Lead Person positions held by Dave Rutt and Bill Egan, respectively, expires on December 4, 1997. Staff is recommending that Mr. Rutt's and Mr. Egan's probationary status be terminated at this time. BACKGROUND: Effective June 4, 1997, the Shakopee City Council appointed Dave Rutt to the position of Street Lead Person and Bill Egan to the position of Park Lead Person. Both Mr. Rutt and Mr. Egan were previously employed in the Public Works Department as Maintenance Workers. These positions are newly created positions associated with the 1997 restructuring of the Public Works Department. The Street Lead Person and Park Lead Person positions provide first line direction to the other Maintenance Workers, while working as a member of Public Works crews. During the past six months both lead persons have been involved in several projects as well as regular maintenance duties. The projects include the following: • Clean up of tree/brush from major storm this past summer. • Set up of grounds for Derby Days. • Installation of C.R. 16 to Samantha Woods storm sewer. • Installation of park improvements for Lions Park, Timber Trails Park, Meadows Park and Prairie Bend Park. • Cleanup and disposal of contaminated soil on Maras Street Project. • Set up of grounds for Art Train. • Preparation of bituminous pavements for seal coating and bituminous overlay projects. Based on a review of their performance over the last six months, staff is recommending that Mr. Rutt's and Mr. Egan's probationary status be terminated at this time. ALTERNATIVES: 1. Move to terminate Dave Rutt's probationary status. 2. Move to terminate Bill Egan's probationary status. 3. Extend probationary period status another six months for either employee. 4. Table action pending further information from staff. RECOMMENDATION: Staff recommends Alternative No.'s 1 and 2. ACTION REOUESTED: A motion to terminate Dave Rutt's and Bill Egan's probationary status. r -&-)- Bruce Loney Public Works Director BL/pmp STATUS CONSENT CITY OF SHAKOPEE Memorandum TO: Mayor&City Council Mark McNeill, City Administrator FROM: John H. DeLacey,Engineering Tech. IV SUBJECT: Vierling Drive,from C.R. 79 to C.R. 77 Project No. 1995-6 DATE: December 2, 1997 INTRODUCTION: Council action is required for a resolution accepting work and making final payment on Vierling Drive, from County Road 79 to County Road 77,Project No. 1995-6. BACKGROUND: All of the work for this project has been completed in accordance with the contract documents. Attached is a Certificate of Completion showing the original contract amount of$527,660.00 and the actual final costs of$510,176.38 for this project. ACTION REQUESTED: Offer Resolution No. 4797, A Resolution Accepting Work on Vierling Drive, from County Road 79 to County Road 77,Project No. 1995-6 and move its adoption. John DeLacey Engineering Tech. IV JD/pmp MEM4797 • CERTIFICATE OF COMPLETION CONTRACT NO, : 1995-6 DATE: December 2 , 1997 PROJECT DESCRIPTION : Vierling Drive , from County Road 79 to County Road 77 CONTRACTOR: F .M . Frattalone Excavating & Grading 3066 Spruce Street St . Paul , MN 55117 ORIGINAL CONTRACT AMOUNT $ 527 , 660 . 00 QUANTITY CHANGE AMOUNT $ ( 25 , 798 . 52 ) CHANGE ORDER NO, I THRU NO, AMOUNT . , , $ 8 , 314 . 90 FINAL CONTRACT AMOUNT $ 510 , 176 . 38 LESS PREVIOUS PAYMENTS $ 505 , 176 . 38 FINAL PAYMENT $ 5 , 000 . 00 I, hereby certify that the above described work was inspected under my direct supervision and that, to the best of my beliefand knowledge, I find that the same has been fully completed in all respects according to the contract, together with any modifications approved by City Council , I, therefore, recommend above specified final payment be made to the above named Contractor, 440ge Professional Eng ' er RESOLUTION NO. 4797 A Resolution Accepting Work On Vierling Drive, From County Road 79 to County Road 77 Project No. 1995-6 WHEREAS, pursuant to a written contract signed with the City of Shakopee on March 18, 1996, F.M. Frattalone Excavating& Grading has satisfactorily completed the construction of Vierling Drive, from County Road 79 to County Road 77, in accordance with such contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the work completed under said contract is hereby accepted and approved; and BE IT FURTHER RESOLVED,that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract in the amount of $2,500.00, taking the contractor's receipt in full. Adopted in session of the City Council of the City of Shakopee,Minnesota,held this day of , 1997. Mayor of the City of Shakopee ATTEST: City Clerk C( 1SNT it a CITY OF SHAKOPEE Memorandum TO: Mayor&CityCouncil Y Mark McNeill, City Administrator FROM: John H. DeLacey,Engineering Tech. N SUBJECT: Upper Valley Drainage Project-Phase II Project No. 1993-3 DATE: December 2, 1997 INTRODUCTION: Council action is required for a resolution accepting work and making final payment on the Upper Valley Drainage-Phase II, Project No. 1993-3. BACKGROUND: All of the work for this project has been completed in accordance with the contract documents. Attached is a Certificate of Completion showing the original contract amount of$2,088,468.00 and the actual final costs of$2,201,320.51 for this project. ACTION REQUESTED: Offer Resolution No. 4798, A Resolution Accepting Work on the Upper Valley Drainage - Phase II, Project No. 1993-3 and move its adoption. "ra n DeLacey gineering Tech. IV JD/pmp MEM4798 RESOLUTION NO. 4798 A Resolution Accepting Work On The Upper Valley Drainage - Phase II Project No. 1993-3 WHEREAS, pursuant to a written contract signed with the City of Shakopee on August 24, 1993, Ryan Contracting, Inc. has satisfactorily completed the construction of the Upper Valley Drainage-Phase II, in accordance with such contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF '1'Hl; CITY OF SHAKOPEE, MINNESOTA that the work completed under said contract is hereby accepted and approved. Adopted in session of the City Council of the City of Shakopee,Minnesota, held this day of , 1997. Mayor of the City of Shakopee ATTEST: City Clerk CERTIFICATE OF COMPLETION CONTRACT NO. : 1993-3 DATE: December 2 , 1997 PROJECT DESCRIPTION : Upper Valley Drainage - Phase II CONTRACTOR: Ryan Contracting , Inc . 8700 13th Avenue E . Shakopee , MN 55379 ORIGINAL CONTRACT AMOUNT $ 2 , 088 , 468 . 00 QUANTITY CHANGE AMOUNT $ 6 , 464 . 35 CHANGE ORDER NO, 1 THRU NO. 6 AMOUNT , $ 106 , 388 . 16 FINAL CONTRACT AMOUNT $ 2 201 320 . 51 LESS PREVIOUS PAYMENTS $ 2 , 201 , 320 . 51 FINAL PAYMENT $ -0- I, hereby certify that the above described work was inspected under my direct supervision and that, to the best of my belief and knowledge, I find that the same has been fully completed in all respects according to the contract, together with any modifications approved by City Council . I, therefore, recommend above specified final payment be made to the above named Contractor. 46f-e Professional En 'neer CONSENT CITY OF SHAKOPEE I Y /' Memorandum TO: Mayor&City Council Mark McNeill, City Administrator FROM: John H. DeLacey,Engineering Tech. IV SUBJECT: Fuller Street,from 10th Avenue to Vierling Drive Project No. 1995-8 DATE: December 2, 1997 INTRODUCTION: Council action is required for a resolution accepting work and making final payment on Fuller Street, from 10th Avenue to Vierling Drive,Project No. 1995-8. BACKGROUND: All of the work for this project has been completed in accordance with the contract documents. Attached is a Certificate of Completion showing the original contract amount of$493,526.94 and the actual final costs of$507,230.53 for this project. ACTION REQUESTED: Offer Resolution No. 4800, A Resolution Accepting Work on Fuller Street, from 10th Avenue to Vierling Drive,Project No. 1995-8 and move its adoption. if John DeLacey Engineering Tech. IV JD/pmp MEM4800 CERTIFICATE OF COMPLETION CONTRACT NO. : 1995-8 DATE: December 2 , 1997 PROJECT DESCRIPTION : Fuller Street , from 10th Avenue to Vierling Drive CONTRACTOR: rKnutson , Inc . 12585 RhodeIsland Ave . S . Savage , MN 55378 ORIGINAL CONTRACT AMOUNT $ 493 , 526 . 94 QUANTITY CHANGE AMOUNT $ 10 ,806 . 09 CHANGE ORDER NO. 1 THRU NO. 2 AMOUNT . , , $ 2 ,897 . 50 FINAL CONTRACT AMOUNT $ 507 , 230 . 53 LESS PREVIOUS PAYMENTS $ 507 , 230 . 53 FINAL PAYMENT $ -0- I, hereby certify that the above described work was inspected d under my direct supervision and that, to the best ofybelief n ell knowledge, I find that the same has been fully completed respects according to the contract, together with any modifications approved by City Council . I, therefore, recommend above specified final payment be made to the above named Contractor. Professional Ens,/ er RESOLUTION NO. 4800 A Resolution Accepting Work On Fuller Street, From 10th Avenue To Vierling Drive Project No. 1995-8 WHEREAS, pursuant to a written contract signed with the City of Shakopee on August 29, 1995, Richard Knutson, Inc. has satisfactorily completed the construction of Fuller Street, from 10th Avenue to Vierling Drive, in accordance with such contract. NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the work completed under said contract is hereby accepted and approved. Adopted in session of the City Council of the City of Shakopee,Minnesota,held this day of , 1997. Mayor of the City of Shakopee ATTEST: City Clerk CONSENT CITY OF SHAKOPEE /L/ 43. /. Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director RE: Bids For Full Size Squad Car DATE: November 18, 1997 Introduction The 1998 Internal Service Fund budget contains an appropriation request for the purchase of one squad car. Background The 1998 budget includes an appropriation request of $25,770 for the purchase of 1 squad car. Funding is from the Capital Equipment Internal Service Fund. The vendor cost is an increase of $491 over last year. The new car will replace a 1994 model. Additional costs include graphics, communications conversion and propane conversion which could total about $4,500 - $5,000. The bid for the full size car is as follows; 1998 Base bid $20,333.00 Options: Deck lid lights 120.00 Extended Warranty 1,480.00 Shop manual 110.00 Total 22,043.00 Alternatives 1. Buy as per above. 2. Buy as per above but modify options. 3. Rebid on our own. 4. Don't buy a full size squad. Recommendation Alternative number 1. Action Move to authorize the purchase of a full size police squad from Superior Ford in the amount of $22,043 plus dealer delivery in accordance with the Hennepin County Cooperative contract. Gregg Voxland Finance Director I:\finance\docs\gregg\98squad CONSENT CITY OF SHAKOPEE / /• ea .L . Memorandum TO: Honorable Mayor and City Council FROM: Tom Steininger, Chief of Police SUBJECT: Completion of Probation DATE: November 25, 1997 INTRODUCTION: Council is being requested to terminate the probationary status of four police officers. BACKGROUND: State law requires newly appointed police officers to complete a one year probationary period. Officers Les TenEyck, Lynn Lipinski, Molly Schrot and Lisa Quick were hired on December 2, 1996. Since then, they have successfully met the requirements of field training and probation. ALTERNATIVES: 1. Terminate the probationary status of the officers as requested. 2. Terminate the probationary status of some of the officers. 3. Do not terminate the probationary status of the officers. RECOMMENDATION: Alternative#1. BUDGET IMPACT: The police budget contains funds to pay these people in 1998. ACTION REQUESTED: Terminate the probationary status of Officers Les TenEyck, Lynn Lipinski. Molly Schrot and Lisa Quick. CONSENT CITY OF SHAKOPEE Memorandum 1 y 6. S.. TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Fire Station- Change Order No. 1 DATE: November 25, 1997 INTRODUCTION: The Council is asked to approve Change Order No. 1,relating to the construction of the new fire station. BACKGROUND: Attached is information from the City's Architect,BKPV, describing changes which have been approved at a staff level for the construction of the new fire station. As shown, it contains a total of 12 changes for the fire station, from what was originally bid. With the exception of Proposal Request#10 (revision of curbing layout at front parking lot), these are all quality upgrades which, after review between the Fire Department, architect, and myself, we felt were justified. Because several of these were time critical, we proceeded to approve,with the understanding that Council would have to give ultimate approval. Our understanding of previous Council direction was that changes could proceed without being brought back to Council, as long as the contingency amount was not overspent. The Fire Station Committee has been, in my opinion, extremely cost conscious when considering these changes. Proposal request no. 10, for$3,317,was necessitated after a high pressure gas main was relocated by Minnegasco last summer,but apparently not in accordance with construction specifications. Rather than delay the project by having Minnegasco come back in late Spring, 1998,to properly relocate the line, a modification was made to the parking lot. Still to be negotiated is to who will pick up the extra cost of this work. The City currently owes Minnegasco $25,000 for the gas line relocation; our position is that the $3,317 should come from their payment,thus resulting in a net no cost to the City for the curbing work. BUDGET IMPACT: 5%was the contingency amount provided for in the budget. With this change order, amounting to $12,763,the contingency amount will be reduced to about 4%of the project budget, according to Project Architect Paul Mickelberg. As an aside, Architect Mickelberg states that he has been very pleased with the results of the project thus far, both in terms of architectural considerations, and financially. RECOMMENDATION: We recommend that Change Order No. 1 be approved. ACTION REQUIRED: If the Council concurs, it should, by motion, authorize the appropriate City officials to execute Change Order No. 1, in the amount of$12,763 in favor of James Steele Construction Company. Mark McNeill City Administrator MM:tw BKPV Architecture Interior Design Engineering FAX COVER SHEET DATE: November 24, 1997 TIME: 10:51 AM Cc: Mark McNeil Phone: 445-3650 City of Shakopee Fax: 445-6718 FROM: Paul Mickelberg PHONE: 612-373-9144 BKPV &Associates FAX: 612-339-6212 RE: Shakopee Fire Station 1087.05 cc: File Number of pages including cover sheet: 3 Mark: Attached is Change Order#1 for review and approval by the City Council. The changes are primarily quality upgrades to the project. Following approval of these items there remains almost a 4%contingency for the project. Thanks,Paul O:1PRO7\SFSIBWAX-18.DOC bS:0Z L6, bZ nON Tod V96 SS1wI00SSd 8 fld>ia ETZ96£2ZZ9 CHANGE Distribution to: ORDER OWNER ARCHITECT FIELD OTHER AIA DOCUMENT G701 OJ CT: CHANGE ORDER NO.: ONE (1) Shakopee Fire Station#2 Velrling Drive. Shakopee,MN 55379 TO: INITIATION DATE: November 22,1997 James Steele Construction Co. 1410 Sylvan St. ARCHITECT'S PROJECT NO.: 1087.05 St. Paul, MN 55117 CONTRACT FOR: Complete Construction CONTRACT DATED:April 20, 1997 You are directed to make the following changes in this Contract: 1. Proposal Request#1 743.00 Up-grade translucent panel system (Owner Requested) 2. Proposal Request#2 334.00 Extend conduits for CAN and telephone (Owner Requested) 3. Proposal Request#3 3835.00 Provide Water softening system (Owner Requested) 4. Proposal Request#4 163.00 Provide additional signage (Architect Requested) 5. Proposal Request#5 1,636.00 Revise aluminum doors (Architect Requested) 6. Proposal Request#7 486,00 Revise room layout in Dispatch#104 (Owner Requested) 7. Proposal Request#8 2,249.00 Upgrade overhead doors (Owner Requested) 8. Proposal Request#10 3,317.00 Revise curbing layout at front parking lot (Field condition/Owner Requested) 9. ASI#1,dated 8/11/97. No Cost Change Clarifies&corrects dimension discrepancies 10. ASI#2,dated 8/20/97. No Cost Change Layout of Project Sign. 11. ASI#3,dated 8/21/97. No Cost Misc.response to electrical inquires,-hand dryers& mounting hgts. Change VG:OT L6 t? (ION E0d V96 S31d I00SSd '8 fld>1E Ztz9622ET9 12. ASI#4,dated 9/8/97. Revised parking layout to accommodate Minnegasco installation layout error. No Cost Change (Supersede by P.R.# 10) Total of C.O.# 1,including all Overhead&Profit $12,763.00 Not valid until signed by both the Owner and Architect. Signature of the Contractor indicates his agreement herewith, including any adjustment in the Contract Sum or Contract Time. The original Contract Sum was $ 2,455,325.00 Net change by previously authorized Change Orders $ 0.00 The Contract Sum prior to this Change Order was $ 2,455,325.00 The Contract Sum will be increased by this Change Order $ 12,763.00 The new Contract Sum including this Change Order will be $ 2,468,088.00 The Contract Time will not be changed Authorized: Boarman Kroos Pfister Vogel&Assoc. James Steele Construction Co.. City of Shakopee. 222 N.2nd Street 1410 Sylvan Street 129 Holmes Street Minneapolis.MN 55401 St.Paul, MN 55117 Shakopee. MN 55379 ARCHITECT CONTRACTOR OWNER BY BY BY Date Date Date AIA DOCUMENT C701 * CHANGE ORDER * APRIL 1978 EDITION * AIA * 1978 THE AMERICAN INSTITUTE OF ARCHITECT, 1735 NEW YORK AVE., N.W.,WASHINGTON, D.C.20006 2 SS:OT 2,6, 17Z nON 20d 1796 SS1dI3OSSd 8 nd>la ZTZ9622Z19 CITY OF SHAKOPEE CONSENT Memorandum 1y. G . y. TO: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: Tom Steininger, Chief of Police SUBJECT: Purchase of Unused Holiday Time DATE: 11 12 97 INTRODUCTION: In accordance with the term of the patrol union contract, Officer Schrot has requested that the city buy back unused holiday time in the amount indicated. BACKGROUND: The patrol union contract contains the following provision: "The employer may, at his option, buy back from any employee so requesting by November 1st of each calendar year any holiday time off earned but not used by the employee by December 31st of any calendar year. " The City will not buy back more than 40 hours of Holiday time from any individual. Officers are allowed to carry up to 40 hours of unused holiday time 90 days into the next calendar year. In November, the City bought 480 hours of unused holiday time from thirteen officers a cost of $10, 527.48. Officer Schrot missed the November 1st deadline and was not included in this group. She is requesting that the City buy back 21 hours of unused holiday time from her for $330.39. Funds exist within the police budget to pay for this expenditure. ALTERNATIVES: 1. Buy back unused holiday hours as requested. 2. Buy back unused holiday hours but fewer than requested. 3. Do not buy back unused holiday hours. RECOMMENDATION: Alternative #1 . ACTION REQUESTED: Authorize the appropriate City Officials to buy back unused holiday hours from Officer Schrot up to the amount indicated. CITY OF SHAKOPEE CONSENT Memorandum "I /3 . s" TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Excess Fire Station Property DATE: November 25, 1997 INTRODUCTION: The Council is advised that no proposals were received concerning the sale of the excess fire station property. The advertised time for submission of proposals had been 2:00 PM, Monday, November 24th. BACKGROUND: Earlier this year,the City Council directed that an advertisement of the availability of approximately 10 acres of property,remaining from the purchase of the fire station site, be made. The Council set a minimum bid price of$ 325,000; advertisements were then made. After the first two (of three) advertisements were made locally, a series of questions came from prospective respondents. Following a delay to address those questions, a final advertisement was made, with direction to return proposals by November 24th. No proposals were received. One prospective respondent did contact me prior to the deadline, and stated that,while he was interested,the asking price did not work when factoring in the number of units per acre that he was proposing to put on the property. He also noted that, by his estimation, only about three acres of the property was useable, after slopes and setbacks were removed. Staff will review the situation with another prospective bidder, and will bring this back to the City Council with a report, and recommendation at a future meeting. ACTION REQUIRED: Direct staff to research options, and bring this back to a future Council agenda for action. LVL14L Mark McNeill City Administrator MM:tw ptoujtstepw., S U At o ioia3 97 c(--4) lol3oi? ) The six school districts of d Minnesota River Valley Special Edi i cation Cooperative(MRVSEC)brol NOTICE OF SALE OF ground last week for a new buildir that will be located in Jordan at tl AND intersection of Hope Avenue and Hil P U B L I C L side Drive. The member districts ii Re S-6 eluded Belle Plaine, Jordan, Mon gomery,New Prague,Prior Lake ar - Shakopee. CITY OF S H A KO P E EThe 31,000-square-foot buildir will house programs for students wi emotional/behavioral disorders,da' Property- An approximate 10 acre parcel of land owned treatment programs, administraticoffices, and itinerant offices for spy by the City of Shakopee.The parcel is located cialists(audiologists,physical then in the southwest quadrant of the intersection pists, occupational therapists, EC of County Rd. 16 and Vierling Drive, Shako- teams that serve infants and toddlers pee, Minnesota. The Jordan School District neg, tiated with other MRVSEC memb, Who may make an offer-Any individual, Real Estate Agent, districts and agreed to provide 3 acrtof land on its school campus for tl or Real Estate Broker, regardless of Race, building,and to build a full-sized gy Color, Religion, Sex or National Origin. Mini- on the site. The contractor is Gre: mum earnest money is$1,000.00. Real Estate stone Construction Inc., of Shakoi Agents or Brokers presenting offers on behalf ee. of clients must include the real estate commis- "The mission of our organizatic sion in the price offered. How to make an offer - Offers must be submitted on a pruchase agreement in the form prescribed by the City.The purchase agreement form can be Shakopee's obtained by contacting Judy Cox, City Clerk, 129 Holmes Street South,Shakopee,MN(ph.) Best Choice 445-3650. November 4th Minimum price-The minimum offer that will be considered is $325,000.The City reserves the right to reject Open-minded and any and all offers and to accept the offer that is deemed to be in the best interests of the City. Approachable Offers must state a sum certain as the pro- posed purchase price. She will listen W n must the offer be submitted-All offers must be made to ALL views in a sealed envelope, marked on the outside "Sealed Land Sale Offer", and submitted by before making a de, 2:00 PM on Monday, November 24, 1997 at the office of the City Clerk,Shakopee City Hall, 129 Holmes Street South, Shakopee, MN. Shakopee 1 Questions- Any questions may be addressed to the City of [ 'DEB AM Shakopee representative, Mark McNeill 129 Holmes Street South, Shakopee, MN, (ph.) Prepared and paid for by CO 445-3650. Treasurer Lauri Glenn,1091 N. 8, CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Ron Carlson Request- Vacation DATE: November 13, 1997 INTRODUCTION: The Council is asked to consider a request from Shakopee Police Officer Ron Carlson for vacation as a result of his involvement with the Shakopee Golden Glove Boxing Program. BACKGROUND: Mayor Henderson received the attached letter from Ron Carlson. As shown, Mr. Carlson is requesting that the Council acknowledge his services to the Shakopee Golden Gloves Boxing Program by granting him 80 hours of vacation to partially offset the hours that he spends with the program. The attached memo from the Police Chief provides background information. DISCUSSION: The request raises several issues which should be of concern: 1. The Shakopee Golden Gloves Boxing Program today is different than the format several years ago. At that time, as I understand it,the Police Department building actually was the site of the Golden Gloves Program and contained a training room and boxing ring. Today, however, the site is at the Community Youth Building. At one time Officer Carlson was granted vacation time as described in his memo,but a subsequent Council action rescinded that, at least in partial response to the concern about City liability. We can't eliminate liability,but Council needs to be aware of the possible exposure. • 2. There is a precedent which would be set for City employee involvement in extra circular activities. This is a program which Officer Carlson has volunteered to do. He should be commended for that. However, one of the Public Works employees is Cubmaster for the local Cub Scout pack. Other City employees serve in other volunteer capacities including police employees who coach other athletic teams. Could the same argument not also be made that they should be recognized for their extra time? 3. Assuming that one wants to take the position that Police are somehow different from other City employees (contrary to #2 above),the Police Union does have performance pay. For those who choose to participate,extra compensation of$600 per year is paid to "employees who are actively involved in some outside community service (scouting activities, service clubs, youth athletics, church groups, etc.)...". All totaled, an officer could receive as much as $3,420 extra per year for participating in the performance pay option. The alternative is to take straight longevity,which is less extra compensation. Most officers, including the requester in this case,have gone with longevity. RECOMMENDATION: In view of the precedent that this would set, and other issues discussed, my recommendation is that the City Council not award the vacation time requested. ACTION REQUIRED: If the Council wishes to award 80 hours of vacation time as outlined in the letter from Ron Carlson, a motion to do so would in order. If the Council chooses not to award the requested time, no action is required. Mark McNeill City Administrator MM:tw CITY OF SHAKOPEE Memorandum TO: Mark McNeil, City Administrator FROM: Tom Steininger, Chief of Police SUBJECT: Officer Carlson's Request for Additional Vacation DATE: November 13, 1997 INTRODUCTION: The following information is provided as per your request. BACKGROUND: Attempts to discover whether Officer Carlson has ever been granted vacation time to work on Golden Gloves Boxing disclosed the following. On October 24, 1993, City Administrator, John Anderson wrote a memo to Council requesting that officer Carlson be allowed to spend up to 100 hours of duty time on Golden Gloves Boxing. On November 1, 1993, Council authorized the appropriate city officials to allow Officer Carlson to spend 100 hours of Police Department time on Golden Gloves Boxing provided he made a personal commitment of an additional 400 hours of his own time. Such use of Police Department time could take place only when there was adequate coverage on the street. On April 1, 1985, Officer Carlson wrote City Administrator Anderson requesting 50 additional hours. Council approved this request on April 2, 1985. On October 24, 1990, Officer Carlson wrote Mayor Laurent and the City Council requesting 5 days of paid vacation in addition to what he was entitled to by contract to coach Golden Gloves Boxing. In the same letter, Officer Carlson indicated that he would be requesting 3 more days of extra vacation if one of his boxers qualified for a National Tournament. On November 1, 1990, City Administrator Dennis Kraft wrote Council a memo recommending denial of Officer Carlson's request on the following grounds. • There is a question of liability to the City if a boxer is injured in a program the City supports by compensating an employee for his or her participation as a coach; • Officer Carlson is a member of a labor union with which the City has entered into a contract which entitles all officers to equal treatment. Compensating Officer Carlson for coaching boxing would establish a precedent which would make it extremely difficult to deny requests for extra vacation to any other police officer seeking similar compensation for pursuing other recreational objectives. • Officer Carlson receives the same vacation and holiday benefits as other employees who have completed a similar number of years of employment with the City and who are covered by the same union contract. Council denied this request on November 6, 1990. No record of Officer Carlson ever being awarded extra vacation time to coach boxing was found. Police department involvement in the boxing program was discontinued in the late 1980's when the City became concerned about liability after a boxer doing roadwork subsequent to training at the police department was hit by a car. The City Administrator's memo of November 1, 1990 addresses setting a precedent. It does not address the provisions of the Minnesota Public Employee Labor Relations Act (PELRA). PELRA is the law which requires the City to have a written contract with the Police Union. It prohibits either party to the contract from unilaterally changing the terms of the contract. According to PELRA, the City does not have legal authority to grant Officer Carlson more vacation than he is entitled to under the Union Contract without agreement from the Union. Officer Carlson also attempts to use community policing as an argument in his favor. Some points he fails to consider in his argument are: • Community policing programs must be developed around existing contracts; • Community policing programs must be structured to minimize the City's exposure to liability. This goes beyond being able to win if the City is sued. It means avoiding any unnecessary exposure to the potential cost of defending the City against a claim being brought by an injured party; • Community policing programs should be defined by needs and demands of the community. In our case, the demand from the community has been to reduce violence. We may enjoy boxing as a sport. We can endorse participation in Golden Gloves Boxing. We cannot, however, call teaching people to box community policing because it is not consistent with the demand of the community to reduce violence. Finally, Officer Carlson's apparent concern with community policing is not consistent with his withdrawl from family group conferencing. After the department spent a lot of money training him, he designed our Face-To-Face Program, conducted half a dozen sessions and walked away from it. ( 7G'7rz2 MEMO TO: Mayor and City Council Q./1 FROM : John K . Anderson , City Administrator RE: Golden Gloves Program DATE: October 24 , 1983 Introduction Chief Torn Brownell and I have been approached by Officer Ron Carlson who is the coaching mainstay of the Golden Gloves Program. Ron has approached us to discuss the increasing success of the Golden Gloves Program and the demand this has made on his personal time . He has requested that the regular duty hours presently committed to the program by the City be increased . In the past some of kon ' s regular uty hours were used to run the program. This practice was okayed by the Chief and myself. Problem As a result of Ron ' s request , the Chief tried to quantify the regular duLy hours that would be available for the program and as a result we decided a Council decision was necessary. This City program, sponsored by the Police Department and supported by a few key adults , requires that Ron Carlson spend roughly 442 hours of his person time on the program during the seven month season. This total is broken down into 230 hours of regular practice , 84 hours of extra tournament practice , 28 hours of coaches meetings , and 100 hours for shows and tournaments . This does not include hours of practice required for boxers , should they reach the State , Regional. or National tournaments . When boxers qualify for these tournaments it requires roughly an additional 50 hours of practice time in addition to the events themselves . Ron has requested that the City permit him to spend up to 100 hours on his regularly scheduled shift recorded on his bi-weekly timesheet on the program. In effect-, he would be taking 100 hours out from normal police work to spend on the Golden Gloves Program. Alternatives 1 . Grant Ron ' s request in the form of a formal commitment by the City to the program. The request for 100 hours constitutes roughly $1 ,651 in patrolman salary ( $13 . 21/Hr . x 125% for bene- fits _ $16 . 51/Hr. x 100 hours ) . In a sense this is a 4 to 1 commitment on Ron ' s part to spend 4 hours of his personal time on a City program if the City is willing to allow him to spend 1 hour of City time on the program. The benefits of this approach can be summed up simply because it will mean the survival of a program serving 35 boys who are not otherwise in the mainstream of school and community activties . On the negative side is the potential that the public will not under- stand the proposal , that other employees will want similar arrangements aiRI that it represents a 100 hour drain on patrol lh, urs available to the department . Page 3 Interfaith with the Trinity Broadcasting Network, and replacement of the Enter- tainment Channel with the Disney Channel; and also to accept delay in providing Cinemerica, the shopper's channel, UTV and Reuters until those services are avail- able or an alternate service is approved and substituted whichever comes first, and accept no substitution for the now defunct CBS Cable until alternates are recom- mended and approved by the City. Motion carried unanimously. The City Engineer said that most of the erosion adjacent to Minnesota Valley 2nd Add'n. is on City right-of-way, but there is some sediment washed across unto the adjacent property for about 10 feet. Colligan/Lebens moved to authorize City staff to proceed with the work specified in Alternative II of the memo dated October 28, 1983 from the City Engineer, for an estimated cost of $3,600, to be funded by General Fund. Roll Calls Ayes; Unanimous Noes; None Motion carried. Lebens/Wampach moved to authorize the release of the developers agreement for Evergreen First Add'n upon 1. execution of a letter of understanding for comple- tion of sidewalks; 2. submission of letter of credit in the amount of $125% of the City Engineer's estimate of the cost of the sidewalks; 3. submission of a one year guarantee from completion date of utility installation and roadway construc- tion; and 4. execution of a new park dedication agreement. Roll Call: Ayes; Unanimous Noes; None Motion carried. Colligan/Lebens moved to direct staff to implement a bicycle safety education pro- gram during the spring of 1984. Roll Call: Ayes; Unanimous Noes; None Motion carried. Cncl. Lebens questioned Chief Brownell about the proposed restricted parking near the hospital and courthouse. She said she has had complaints from residents who live on 5th and 6th streets about hospital parking in front of their homes. Chief Brownell responded that because of the expense of signing the restricted area, he proposed to start with a smaller area, and then they could deal with additional problem areas as they arise. Cncl. Lebens also said that on Block 57 there is a problem with large rocks on the sidewalk. They are apparently for landscape purposes, but they spill out onto the sidewalk, causing a hazard to pedestrians. The City Engineer will check on it. Further discussion followed regarding monitoring the parking restrictions, and if there is now enough off-street parking for employees. Wampach/Lebens moved to direct staff to advertise for a public hearing to obtain input from area residents regarding parking restrictions around the courthouse and hospital. Consensus was that publication in Mint, KSMM and Cable T.V. was sufficient notice, and no individual notices need to be sent out. Motion carried unanimously. Discussion ensued regarding the City's requested support of the Golden Gloves pro- gram, in the form of authorizing police dept. time spent on this program. Chief Brownell stated that the proposed 100 hours for Golden Gloves would only be allow- able when the police dept. has adequate coverage on the street. Lebens/Wampach moved to authorize the appropriate City officials to grant Ron Carlson 100 hours of Police Dept. time for operation of the Shakopee Golden Gloves Program, provided he make the personal commitment of an additional 400 hours of his own time to insure the success of the program during its seven month season. w Mayor Reinke mentioned the possibility of putting this program under Community Services in the future. Chief Brownell said the only way they would agree to that would be if there was no charge to the participants. c',:j City of Shakopee POLICE DEPARTMENT 476 South Gorman Street SHAKOPEE, MINNESOTA 55379 Tel. 445.6666 April 1, 1985 City of Shakopee Mr. John Anderson 129 East 1st Avenue Shakopee, MN 55379 Dear Mr. Anderson, 5C) h ouRS I am writing to request five additional days for the Golden Glove Boxing program. At the beginning of this Golden Glove season I was allotted 100 hours by the city council . However, our club was so successful this year, we attended several tournaments including the State ABF Tournament in Marshalltown, Iowa, The Silver Glove National Tournament in Peoria, Illinois, and The National Golden Gloves Weeklong Tournament in Little Rock, Arkansas. These tournaments and the time needed to prepare the club for them quickly used up the 100 hours and many of my off duty days. This season I will have spent approximately 350 hours of my personal off duty hours with the club. I am requesting these five additional days for the purpose of two additional tournaments, one of which our club attended March 24 through March 29. This tournament required three days. The remaining two days will be used when our club represents Shakopee at the upcoming Junior Olympics. Sincereelnly, 1' Officer Ron Carlson Golden Glove Coach • y /2/.9 5 efrj) (-70 �etve Mote^f October 24, 1990 TO: MAYOR GARY LAURENT CITY COUNCIL MEMBERS FROM: OFFICER RON CARLSON SHAKOPEE POLICE DEPARTMENT SUBJECT: VACATION The purpose of this memo is to request five (5) additional days of paid vacation to be used during the Golden Gloves Boxing season. These days off would be on the days of boxing shows and tournaments. i will be requesting an additional three days if one of the boxers qualifies for a National Tournament. Last year, I volunteered over 250 hours of my own time to coordinate and coach the program. I don't feel I should have to use my personal vacation days for boxing shows and tournaments. Our program is youth-oriented and includes many repeat juvenile offenders that need to be included in this type of program. Last year our program had three Junior Olympic State Champions. From 1978 through 1984, the Shakopee City Council granted me ten days for this same purpose. I am asking the council's approval for the 1990-1991 boxing season. Thank you. R CJi 8) MEMO TO: Honorable Mayor and Council FROM: Dennis R. Kraft, City Administrator RE: Request from Officer Ron Carlson for Additional Vacation DATE: November 1, 1990 INTRODUCTION: The attached letter from Police Officer Ron Carlson requests five additional days of paid vacation to be used during the Golden Gloves Boxing season. BACKGROUND: Officer Carlson also indicates that he will be requesting an additional three days if one of the boxers qualifies for a National Tournament. I have had an opportunity to discuss this with the Police Chief and he concurs with my recommendation to not grant this vacation request to Officer Carlson. This should in no way be construed as a position of any type of negative opinion toward the Golden Gloves Boxing program. My concerns are as follows: 1. I believe there is a question of liability if the City were to provide extra vacation for a police officer who was involved in a Golden Gloves Boxing Tournament and if there were then an injury to a boxer. This might be construed as some sort of City of Shakopee backing for such boxing activity. 2. Officer Carlson is a member of the police union. I believe the contract requires us to treat all police officer in that bargaining unit similarly. If Officer Carlson were to be given an extra five to eight days vacation I do not see how the City could refuse to grant similar extra vacation to any other police officer for pursuing other recreational objectives, regardless of the worthiness of the activity. 3. Officer Carlson currently receives eighteen days paid vacation , ,per year plus he accrues the same eleven days vacation leave that other police officers receive. ALTERNATIVES: 1. Grant the additional paid vacation request as requested. 2 . Deny Officer Carlson's request. RECOMMENDATION: It is recommended that this vacation request be denied. ACTION REOUESTED: Move to deny the request of Officer Carlson for an additional five to eight days of extra paid vacation from the City of Shakopee. TRW\DRK\memos Proceedings of the November 6, 1990 Shakopee City Council Page -3- Vierling/Sweeney moved to authorize the appropriate City officials to work with AFLAC in preparing the appropriate resolution establishing a Cafeteria Benefits Program within the City of Shakopee. (Motion approved under consent business) . Mr. Kraft reviewed the request from Officer Ron Carlson for an additional five to eight days of extra paid vacation to participate in the Golden Gloves Boxing Tournament. He said he is volunteering his own time to coach these kids and he would like to take time if they go to the Golden Gloves Tournament. He feels he should not have to take his vacation time away from his family. Chief Steininger said he would try to work the schedule in Officer Carison's favor during the tournament time but could not guarantee it. Consensus of the Council was that it was unfair to approve extra vacation for Officer Carlson without approving it for other City employees. Mr. Kraft noted that there is a possibility for Mr. Carlson to take unpaid leave. Sweeney/Vierling moved to approve the request of Officer Ron Carlson for an additional five to eight days of extra paid vacation from the City of Shakopee. Motion failed unanimously. Sweeney/Vierling moved to authorize the appropriate City officials to buy back 60. 0 hours of earned, but unused holiday time, from Ronald Carlson; 58 . 0 hours from John Flynn; 74 . 0 hours from Ray Erlandsen; and 58 . 0 hours from Bryan Koch at their current pay rates. Motion carried unanimously. Vierling/Sweeney offered Resolution No. 3303 , A resolution Relating to City Participation in Narcotics Control Program, and moved its adoption. (Motion approved under consent business) . Vierling/Sweeney moved to approve the request by Orr-Schelen- Mayeron and Associates, Inc. to increase their Extension Agreement for engineering services associated with the 5th Avenue Project by $5,000.00 due to revising the project scope to construct Market Street to Municipal State Aid Standards. (Motion approved under consent business) . Council received an informational memo from Dave Hutton advising that the Public Works Department had constructed the remainder of the gravel alley and that the alley is now completely open from Main Street to Spencer Street. Sweeney/Clay moved to change the City Council meetings to meet on January 8 and 22, 1991, due to the New Years Holiday. Motion carried unanimously. Discussion ensued on the final date that applications will be accepted for expiring terms on Boards and Commissions. Ron Carlson 2400 Emerald Lane Shakopee MN 55379 445-6674 Dear Mayor, For the past eighteen years I have directed the Shakopee Golden Gloves Boxing Program. It has been my privilege to coach and teach between 25 and 35 young men each season. The youth in our program range between nine years of age to the early twenties with the majority falling between twelve and sixteen years of age. Our program starts each November and runs through April . I feel this program is a model program for :lands on "Community Policing" . _ maintain contact with members year around often long after they stopped competing . I have volunteered approximately 300 hours each season to this program. School o~- +-'' ais , counselors , court service workers and parents have contacted me off duty to seek my assistance working with team members . In past years I have had to use my personal vacation and holiday time off to attend boxing activities . At one time in the 1980 ' s the council granted me 80 hours off each season to be used for boxing activities . I am asking this years council to consider the merits of this program and award me 80 hours . The time would be used during boxing season and only for boxing activities . I encourage you to visit our practices at the Log Cabin Youth Building and welcome you to all of our local competition. Please feel free to contact me if there remain any additional concerns . Sincerely , C Ron Carlson_ UGV. -U1 71 ttLVL I 1J•LJ IGNPWIGIW UVVAL JLU 1GL•01L JJ1 0740 C. UU1 a+' i3O`;�a= :�„�r� PROFESSIONAL LAW ENFORCEMENT DIVISION `�w 'i 4'4• ti,* ` , 3001 University Avenue S.E. . Minneapolis, Minnesota 55414 . Phone 612)378-8700 I taiKt h,"s".'. S .4120-1. -101 t f FAX#445-2313 December 1, 1997 Mr. Mark McNeill, City Administrator City of Shakopee Mayor City of Shakopee City of Shakopee Council Members 129 Holmes St S Shakopee MN 55379 RE: OFFICER CARLSON'S REQUEST FOR ADDITIONAL VACATION Dear Mayor, Council Members and Mr. McNeill: This letter is to advise you that the Union has no objection to and does consent to the City of Shakopee granting Officer Carlson's request for additional vacation for Community Service. It should be noted that the vacation schedule in the contract is a minimum, not a maximum. It would be appreciated if in the future, the Chief wishes to interpret the Union contract from the Union's point of view, that he check with the Union first. Sincerely, TEAMSTERS LOCAL#320 • O. HOWELL D. LYNCH Law Enforcement Coordinator LDL/mt OPEIU-#12 c: Terry Doyle, Steward Thomas Steininger, Police Chief crf �? V SERVICE WITH DIGNITY CONSENT CITY OF SHAKOPEE I i' O • it Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: 1998 Electrical Inspection Agreement MEETING DATE: December 2, 1997 INTRODUCTION: In 1997, the City contracted with Terry Krominga for electrical inspections. The contract expires December 31, 1997. Attached for the Council's consideration is a new contract with Mr. Krominga for 1997. There are no proposed language changes from last year in the contract. ALTERNATIVES: 1. Renew the contract with Mr. Krominga as presented. 2. Renew the contract with Mr. Krominga with revisions. 3. Do not renew the contract and seek another source for electrical inspections. RECOMMENDATION: Staff recommends approval of the 1998 contract for electrical inspections with Mr. Krominga. ACTION REQUESTED: Offer and pass a motion authorizing the appropriate City officials to execute the electrical contract with Terry Krominga for the year 1998. R. Michael Leek Community Development Director ELECINSP/RML CONSULTANT CONTRACT THIS CONTRACT, made and entered into this day of January, 199 , by and between the City of Shakopee, a municipal corporation of the State of Minnesota, hereinafter referred to as the "City" with offes t12 Box 91Holmes LeSueursh NMinnesotahakopee, 1n56058a 55379, and Terry Krominga, hereinafter referred to as the "Consultant . " WITNESSETH: THAT, WHEREAS, the City of Shakopee desires to engage the Consultant to render electrical inspector services as more particularly described in Exhibit A; and WHEREAS, the Consultant made certain representations and statements to the City with respect to the provision of such services and the City has accepted said proposal . NOW, THEREFORE, for the considerations herein expressed, it is agreed by and between the City and the Consultant as follows : 1 . Services . The City agrees to engage the services of the Consultant and the Consultant agrees to perform the services hereinafter set forth as described in Exhibit A. 2 . Addition to Services . The City may add to the Consultant services or delete therefrom activities of a similar nature to those set forth in Exhibit A, provided that the total cost of such work does not exceed the total cost allowance as specified in Exhibit A hereof . The Consultant shall undertake such changed activities only upon the direction of the City. All such directives and changes shall be in written form and prepared and approved by the Building Official and shall be accepted and countersigned by the Consultant . 3 . Exchange of Data. All information, data, and reports as are existing, available and necessary for the carrying out of the work, shall be furnished to the Consultant without charge, and the parties shall cooperate with each other in every way possible in carrying out the scope of services . 4 . Term. This contract shall be for a period of one year. 5 . Pay. The City agrees to pay the Consultant in accordance with the terms set forth in Exhibit A, which shall constitute complete compensation for all services to be rendered under this contract . 6 . Termination. If, through any cause, the Consultant shall fail to fulfill in timely and proper manner Consultant' s obligations under this contract, including the requirement to have a bond and insurance in place, or if the Consultant shall violate any of the provisions of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Consultant of such termination and specifying the effective date thereof, at least five (5) days before the effective day of such termination. Either party may, with or without cause, terminate this contract upon 30 days prior written notice. Notwithstanding the above, the Consultant shall not be relieved of liability to the City for damages sustained by the City by virtue of any such breach of the contract by the Consultant . 7 . Assignment . The Consultant shall not assign any interest in this contract, and shall not transfer any interest in the same, without prior written consent of the City thereto. None of the authority or responsibilities of this agreement may be transferred to another party. 8 . Confidentiality. Any reports, data, or similar information given to or prepared or assembled by the Consultant under this contract which the City requests to be kept as confidential shall not be made available to any individual or organization by the Consultant without prior written approval of the City. 9 . Interest . Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services to be performed decontract . ofc thishecontract Consultant no further covenants thatthe performance person having such interest shall be employed. 10 . Discrimination. The Consultant agrees in the performance of this contract not to discriminate on the ground or because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, sexual orientation, or age, against any employee of Consultant or applicant for employment, and shall include a similar provision in all subcontracts let or awarded hereunder. 11 . Independent Contractor. The Consultant is an independent contractor and nothing contained herein shall constitute or designate the Consultant or any of Consultant' s agents or employees as agents or employees of the City of Shakopee, Minnesota. 12 . City Benefits . The Consultant shall not be entitled to any of the benefits established for the employees of the City nor be covered by the Worker' s Compensation Program of the City. 13 . Liability and Indemnity. The parties mutually agree to the following: 2 • a. In no event shall the City be liable to the Consultant for special, indirect, or consequential damages, except those caused by the City' s gross negligence or willful or wanton misconduct . b. The Consultant shall defend, indemnify, and hold the City harmless from and against all claims, losses, and liabilities arising out of personal injuries, including death, and damage to property, which are caused by the Consultant arising out of or in any way connected with this contract. Consultant further agrees to defend, indemnify, and hbld the City harmless from and against any claims, losses and liabilities arising out of the award of this contract to the Consultant . 14 . Notices . All notices required or permitted hereinunder and required to be in writing may be given by first class mail addressed to City and Consultant at the address shown above . The date of delivery of any notice shall be the date falling on the second full day after the day of its mailing. 15 . Jurisdiction. This contract and every question arising hereunder shall be construed or determined according to the laws of the State of Minnesota. Executed the day and year first above written. CONSULTANT CITY OF SHAKOPEE, MINNESOTA By By Mayor By City Administrator By City Clerk Prepared By: The City of Shakopee 129 S. Holmes St . Shakopee, MN 55379 [KELEC] 3 EXHIBIT A Description: The Electrical Inspector shall enforce the Minnesota Electrical Act, the Rules and Regulations of the State Board of Electricity thereunder, and the ordinances of the City of Shakopee pertaining to the licensing of electricians and electrical installations. All requested inspections shall be made within the City limits. Compensation: The rate of compensation shall be 80 percent of the electrical inspection fees collected by the City of Shakopee . The City shall remit this amount upon proper accounting for fees, on a bi-weekly basis . Security: The Electrical Inspector shall provide the City with an electrical inspector' s bond in the amount of $1000 , payable to the Cityof Shakopee, in case of default . The bond shall be in P effect until at least December 31, 1997 . Insurance : The Inspector shall supply the City with a verification of automobile liability insurance on an acceptable form (e .g. Form 1927) showing insurance in amounts of not less than $50, 000 for any one person, $100, 000 for any one accident for personal injury, and $10 , 000 for property damage . Rules for Work: The Electrical Inspector shall comply with the following rules : 1 . Report to the Building Official' s office when called upon. 2 . Supply a monthly report of inspections completed. 3 . Deposit with the City any inspection fees received in the field. 4 . Have a Journeyman or Master electrician' s license in force at all times . Responsibility: The City is placing trust and authority upon the Electrical Inspector as an independent contractor qualified and certified as such to make electrical inspections on behalf of the City of Shakopee . [KELEC] CONSENT E. I. CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Judith S. Cox, City Clerk SUBJECT: 1998 Cigarette Licenses DATE: November 25, 1997 INTRODUCTION and BACKGROUND: Although the City Code does not specifically state that the Council shall approve applications for a cigarette license, in the past, the City Attorney has advised that it would be in order to authorize the City Clerk to issue cigarette licenses. Prior to the issuance of any license, the County Treasurer will be contacted to make sure taxes have been paid. All applicants certified that they are in compliance with the City Code when they completed the application for issuance of a license for 1998 . Chief Steininger has advised that the Police Department recently ran compliance checks. I am not aware of the results. Should there be any violations of the cigarette regulations, they will not be brought before City Council until after they are handled in court. RECOMMENDED ACTION: Authorize the City Clerk to issue cigarette licenses for 1998 . (No need to list all licensees . ) (-)71C CiClerk Y [i:\CIGMEM] CIGARETTE LICENSES - 1998 Stonebrooke of Shakopee, Inc. 2693 County Road 79 Beren's Market 123 West Second Avenue Fraternal Order of Eagles#4120 220 West 2nd Avenue Cy's Amoco 312 West 1st Avenue Tom Thumb Food Markets#250 590 S Marschall Road Total Mart 234 West 1st Avenue Holiday Stationstores, Inc. , #83 444 East First Avenue K-Mart 1200 Shakopee Town Square Raceway Park One Checkered Flag Blvd. County Market 1100 Shakopee Town Square Hennen's Texaco 807 East 1st Avenue Koehnen's Standard 804 East 1st Avenue Valleyfair One Valleyfair Drive The Shoe Repair 132 Holmes Street S SuperAmerica 1155 E First Avenue The Main Event 911 East 1st Avenue American Legion Post#2 1266 East 1st Avenue Babe's Place 124 Holmes Street S Knights of Columbus 1760 East 4th Avenue VFW 4046 1201 East 3rd Avenue Turtle's Bar& Grill, Inc. 132 East 1st Avenue MIN Hotel Corporation/Canterbury Inn 1244 Canterbury Road Valley Liquor Inc. 1102 Shakopee Town Square Corp Tool,Inc. d/b/a Arnies Friendly Folks 122 East 1st Avenue Spirits of Shakopee,Inc./MGM Liquor Warehouse 471 Marschall Road Family Dining, Inc.Budget Liquor 6268 Highway 101 Riverside Liquors, Inc. 507 East 1st Avenue Canterbury Concessions, Inc./Canterbury Park 1100 Canterbury Road Bretbecca, Inc., d/b/a Pullman Club 124 West 1st Avenue Oasis Market 615 Marschall Road Oasis Market 1147 Canterbury Road [I:\CIGMEMo] CONSENT City of Shakopee Memorandum / `C . TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Pawnshop Licenses DATE: November 25, 1997 INTRODUCTION AND BACKGROUND: On April 19, 1994, the City Council adopted an ordinance requiring the licensing of pawnbrokers, precious metal dealers, secondhand dealers, pawnshops, and their employees . The City received applications from two pawnshops and their employees and licenses were issued. It is appropriate at this time that the licenses be renewed for 1998 . Both DRM LLC of Shakopee, dba American Pawnbrokers and Shakopee Pawn and Cash Co. have applied for renewal of their licenses . I have checked with the Chief of Police and he has advised that he is unaware of any reason that the licenses should not be renewed. ALTERNATIVES: 1 . Approve renewal of licenses. 2 . Deny renewal of licenses . 3 . Table applications for additional information. RECOMMENDATION: Staff recommends Alternative #1. RECOMMENDED ACTION: 1 . Approve the application and grant a Pawnshop License to DRM LLC of Shakopee dba American Pawnbrokers, 450 West 1st Avenue. 2 . Approve the application and grant a Pawnbroker and Precious Metal Dealer's license to Mark Andrew Pearson and Robert Charles Hartshorn, DRM LLC of Shakopee dba American Pawnbrokers, 450 West 1st Avenue. 3 . Approve employee licenses for the following employees of DRM LLC of Shakopee dba American Pawnbrokers : Samuel David Rockne, Tracy Allen Hirzel, Jeremy David Galetka, and Patrick Brent Doolittle. 4 . Approve the application and grant a Pawnshop License to Shakopee Pawn and Cash Co. , 1147 Canterbury Road. 5 . 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. 6 . Approve employee licenses for the following employees of Shakopee Pawn and Cash Co. : Sherri Marzario, Jessica Dold, David Wagner, Arthur LaFond, Ronald Zappatillo, and David Martens. eC. y Clerk ektk 4). : (i:\PAWNSHOP.MEM] -2- CONSENT City of Shakopee /L, �• �' Memorandum 7 TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Tattoo License Renewals DATE: November 25, 1997 INTRODUCTION: Ms. Linda Kurian,Body Art, 205 South Lewis Street has applied for renewal of her Tattoo License. It is appropriate that action be taken on her application at this time. BACKGROUND: Ms. Linda Kurian was issued a Tattoo License beginning in 1994 for her business known as Body Art located at 205 South Lewis Street. This is a service that Ms. Kurian offers in addition to her other services at First in Hair and Tanning. I have checked with the Chief of Police and he has advised me that he is unaware of any reason that the license should not be renewed. Since 1994,Ms. Kurian has hired additional employees to also practice tattooing at her establishment. Background investigations were conducted by the Police Department and licenses were issued to these applicants. Scott James Neverdahl and Michael Alfred Malone wish to renew their licenses also. It is appropriate that these licenses also be renewed at this time. Ms. Kurian is in the process of renewing the required insurance. The license will not be delivered until the City receives a certificate of insurance evidencing the required coverage. Prior to the issuance of the initial license to Ms. Kurian, a sanitarian from the City of Minneapolis conducted an inspection of the subject premises to determine that it met the requirements of the City Code. It is appropriate that an inspection of the premises be made each year, preferable at the time of license renewal. Mr. Moustapha Omar, a Sanitarian from the City of Bloomington, conducted an inspection on November 14, 1997. Mr. Omar has advised me that except for a few minor housekeeping items,the facility is in compliance with the requirements of the City Code of the City of Shakopee. ALTERNATIVES: 1. Approve applications for renewal of licenses. 2. Deny applications for renewal of licenses. 3. Table applications for additional information. RECOMMENDATION: Staff recommends Alternative#1, approve the renewal of licenses with condition. RECOMMENDED ACTION: 1. Approve the application and grant a Tattoo License to Linda Kurian, Body Art, 205 South Lewis Street, conditioned upon proof of the required insurance. 2. Approve the issuance of a Tattoo License to Scot James Neverdahl and Michael Alfred Malone at Body Art, 205 South Lewis Street, conditioned upon proof of the required insurance. ity Clerk [i:\tTATTOO.MEM] -2- CONSENT � yIf City of Shakopee Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Massage Center License Renewal DATE: November 25, 1997 INTRODUCTION: The City has received application for renewal of a massage center license. BACKGROUND: Ms. Dawn Marie Krause has applied for renewal of her massage center license. Massage is a service that Ms. Krause offers in addition to her other services at Klip and Kurl. I have checked with the Chief of Police, and he has advised that he is unaware of any reason that the license should not be renewed. The application for a massage center license is in order. Ms. Krause is in the process of renewing the required insurance. The license will not be delivered until the City receives a certificate of insurance evidencing the required coverage. RECOMMENDATION: Approve the application and grant a license for 1998. RECOMMENDED ACTION: Approve the application and grant a massage center license to Dawn Marie Krause, Klip and Kurl, 238 South Lewis Street, conditioned upon proof of the required insurance. Cit� erk [I:\MASSAGE.MEM] Jy . 4c CITY OF SHAKOPEE Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: East Dean Lake Financial Security DATE: November 24, 1997 Introduction A proposal has come forward to address the financial security issues for the East Dean Lake (EDL) project . Background Valley Green has brought forward a proposal for addressing the financial security issues on behalf of the developers. There are four property owners involved in the project . MDOT is one of the four owners but is not participating in the process. The key points of the proposal which are to be included in the developers agreement are; • A letter of credit by each owner (except MDOT) in the amount of 75% of the estimated assessment for the respective property until assessments are paid off . MDOT property represents roughly 10% of the project costs. With MDOT excluded, the net security would be about 67% of the assessed costs . • Foreclosure rights if assessments are not paid (quicker than tax forfeit process) . Foreclosure could occur in four years. Tax forfeit would take 7+ years . The letters of credit would cover about 5 years worth of debt service if the project fell apart at the very stages . • Assessments paid off when the first subsequent sale of land is closed. This eliminates splitting assessments and dealing with multiple parcels/owners. Advantages of the project; Increasing tax base, provide more housing and some commercial space, the pace of development and house sales in Shakopee enhances the viability of the project . Disadvantages of the project; No financial security on the MDOT property until purchased by one of the developers and developers agreement requires adding that to the letter of credit, Worst case is if the development total falls apart and then the city would have about 5 years worth of debt service from the letters of credit plus the foreclosure rights . How long it would take to sell the property is not known. It is estimated that the value of the land should surpass one half of the special assessment against the parcels . Statutes require 105% of the needed levy for each years debt service. If a project is 100% assessed, it usually falls on the tax levy to make the 5% . If the assessments are all paid, the 5% tax levy is left in the debt service fund when the bonds are paid off and then council can use the money for any appropriate purpose. First years 5% could be about $38, 000 . Recommendation Assuming the language of the foreclosure clause is acceptable to the City Attorney, the 67% letter of credit plus the foreclosure clause should give the city acceptable financial security. Action Give staff direction. Gregg Voxland Finance Director is\finance\docs\Gregg\EDL1 CITY OF SHAKOPEE 14/. E. 6 Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: City Contribution-Employee Insurances DATE: November 25, 1997 INTRODUCTION: The Council is asked to approve an increase in the amount of contribution towards insurances for City employees. BACKGROUND: Currently,the City contributes $361.66 towards insurances for City employees. The contribution is first applied to disability and life insurance,with anything remaining going to employee health insurance. At the last meeting, Council was informed that health insurance rates were going up by 5.5%. The rates for 1998 will be as follows: 1997 Rates 1998 Rates Single - $153.50 $162.00 Two Party - $363.50 $383.50 Family - $468.00 $494.00 There is no change in life insurance premium, and Gregg Voxland is pursuing an option which would provide a slight decrease in disability premiums. The focus, therefore, is on the increase in health insurance. Staff is suggesting a$20.00 per month increase in City contribution. As shown in the above rates, an additional $20.00 will keep employee contribution even for a two party contract; single employees would receive a slight increase in the amount that they are compensated by the City (they receive a cash reimbursement from the City for the difference between their cost of the insurance, and what a family coverage would pay). Those employees with full dependent coverage would pay $6.00 more per month with that level of contribution by the City. It is anticipated that, in late 1998,the City Council will be asked to consider a full cafeteria plan for 1999 the difference in insurance premiums, vs. costs, allowing employees to ulitize the employer contribution with a"menu" of insurance selections. For comparison, the City contribution has gone up these amounts over the past years: 1997 - $15.00 1996 - $20.00 1995 - $20.00 It should be noted that last year's increase in insurance premiums of 21% caused employees to contribute significantly more towards the cost of insurance than they had proportionately paid in previous years. BUDGET IMPACT: $20.00 per employee per month is within the budget anticipated for 1998,. according to Finance Director Voxland. The total addition cost(70 full time employees x $20.00 x 12) is $16,800, assuming the contract currently under negotiation settles for that amount. RECOMMENDATION: I recommend that the City Council authorize a$20.00 per employee per month increase in City contribution towards insurances. This would be for non-contract employees, and for employees in contracts which have been settled but are dependent upon what non-contract employees receive. The final contract,that of the Police Sergeants Union, is in negotiation. ACTION REQUIRED: If the Council concurs, it should, by means of Resolution 4799 proposed for non-contract and department head salary adjustments, authorize an increase in City contribution towards employee insurances at$20.00 per employee per month. \1LJILLWJJ Mark McNeill City Administrator MM:tw CITY OF SHAKOPEE I • e. 6 Memorandum + TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: 1998 Salary Adjustments -Non-Contract/Dept. Head Employees DATE: November 24, 1997 INTRODUCTION: The Council is asked to consider a pay adjustment for non-contract and department head employees for 1998. BACKGROUND: The Council has settled two labor contracts for 1998 (Public Works and Police Patrol) at 2.5% increases for 1998. A decision should be made for the employees not covered by contracts. Typically,this is done at the last meeting of the year, although it has gone into the next year, retroactive to January 1st. We are asking that a decision be made at this time, as a advertisement for the new Police Chief position has been made using a tentative figure for 1998 - if it is not an amount with which the City Council is comfortable, it should so indicate, so that applicants may be notified of the new rate, or, as an alternative,the 1997 rate. RECOMMENDATION: To be consistent, we recommend 2.5%increase for 1998 for department heads, and non-contract employees. ACTION REQUIRED: If the Council concurs, it should,by motion, adopt the following resolution: RESOLUTION NO. 4799 A RESOLUTION ADOPTING THE 1998 PAY SCHEDULE FOR THE OFFICERS AND NON-UNION EMPLOYEES OF THE CITY OF SHAKOPEE Mark McNeill City Administrator MM:tw RESOLUTION NO.4799 A RESOLUTION ADOPTING THE 1998 PAY SCHEDULE FOR THE OFFICERS AND NON-UNION EMPLOYEES OF THE CITY OF SHAKOPEE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA,that the City Administrator is hereby authorized to issue warrants upon the City Treasury from and after January 1, 1998,payable to the duly elected officials and appointed non-union employees of the City of Shakopee, in accordance with the attached 1998 Pay Schedules,with an effective date of January 1, 1998. BE IT FURTHER RESOLVED, that the city contribution for health, life, long- term disability, and/or individual health care accounts as may be provided by Council, shall be no more than$381.66 per month per employee effective January 1, 1998. BE IT FURTHER RESOLVED, that all Resolutions in conflict with this Resolution are hereby repealed and terminated effective January 1, 1998. Adopted in session of the City of Shakopee, Minnesota,held this day of , 1997. Mayor of the City of Shakopee ATTEST: City Clerk CITY OF SHAKOPEE 1998 Pay Plan 1998 Step Step Step Step Step Step Step Step Title Grade 1 2 3 4 5 6 7 8 Exempt Police Chief 0 $57,202 $59,245 $61,288 $63,331 $65,374 $67,416 $69,459 $71,502 PW Dir/Eng. 0 $57,202 $59,245 $61,288 $63,331 $65,374 $67,416 $69,459 $71,502 Corn.Dev.Dir. N $50,230 $52,024 $53,818 $55,612 $57,406 $59,199 $60,993 $62,787 Finance Director N $50,230 $52,024 $53,818 $55,612 $57,406 $59,199 $60,993 $62,787 Deputy Chief M $44,141 $45,718 $47,294 $48,870 $50,447 $52,023 $53,600 $55,176 Park&Rec.Dir. M $44,141 $45,718 $47,294 $48,870 $50,447 $52,023 $53,600 $55,176 Asst.City Eng. L $38,750 $40,134 $41,518 $42,902 $44,285 $45,669 $47,053 $48,437 Facility Manager L $38,750 $40,134 $41,518 $42,902 $44,285 $45,669 $47,053 $48,437 EDA Coordinator L $38,750 $40,134 $41,518 $42,902 $44,285 $45,669 $47,053 $48,437 Planner L CClerk City Clerk $38,750 $40,134 $41,518 $42,902 $44,285 $45,669 $47,053 $48,437 NONEXEMPT B Official K $36,380 $37,679 $38,978 $40,277 $41,576 $42,876 $44,175 $45,474 Accountant K $36,380 $37,679 $38,978 $40,277 $41,576 $42,876 $44,175 $45,474 ProjectCoord. K $36,380 $37,679 $38,978 $40,277 $41,576 $42,876 $44,175 $45,474 PW Supervisor K $36,380 $37,679 $38,978 $40,277 $41,576 $42,876 $44,175 $45,474 Tech III J $34,009 $35,224 $36,438 $37,653 $38,867 $40,082 $41,296 $42,511 Tech IV J $34,009 $35,224 $36,438 $37,653 $38,867 $40,082 $41,296 $42,511 Inspector J $34,009 $35,224 $36,438 $37,653 $38,867 $40,082 $41,296 $42,511 Rec.Asst. J $34,009 $35,224 $36,438 $37,653 $38,867 $40,082 $41,296 $42,511 Payroll/Benefits J $34,009 $35,224 $36,438 $37,653 $38,867 $40,082 $41,296 $42,511 PlannerI J $34,009 $35,224 $36,438 $37,653 $38,867 $40,082 $41,296 $42,511 Exec Sec I $29,780 $30,843 $31,907 $32,970 $34,034 $35,097 $36,161 $37,224 Tech II I $29,780 $30,843 $31,907 $32,970 $34,034 $35,097 $36,161 $37,224 Secretary H $26,154 $27,088 $28,022 $28,956 $29,890 $30,824 $31,758 $32,692 Acct.Clerk H $26,154 $27,088 $28,022 $28,956 $29,890 $30,824 $31,758 $32,692 Clerk TypII H $26,154 $27,088 $28,022 $28,956 $29,890 $30,824 $31,758 $32,692 Clerk TypI G $22,900 $23,718 $24,536 $25,354 $26,172 $26,989 $27,807 $28,625 Clerk Typ I G $22,900 $23,718 $24,536 $25,354 $26,172 $26,989 $27,807 $28,625 Cust.Sery G $22,900 $23,718 $24,536 $25,354 $26,172 $26,989 $27,807 $28,625 Not Used F $20,065 $20,782 $21,498 $22,215 $22,931 $23,648 $24,364 $25,081 Custodian E $17,555 $18,182 $18,809 $19,436 $20,063 $20,690 $21,317 $21,944 Not Used D $15,371 $15,920 $16,469 $17,018 $17,567 $18,116 $18,665 $19,214 Not Used C $13,465 $13,946 $14,427 $14,908 $15,388 $15,869 $16,350 $16,831 Not Used B $11,745 $12,164 $12,584 $13,003 $13,423 $13,842 $14,262 $14,681 Not Used A $10,258 $10,624 $10,990 $11,357 $11,723 $12,089 $12,456 $12,822 98PAYPLN.XLS 1998 PAY PLAN NOTES 1. There will be no change in the Elected Officials or Fire Department salaries for 1998. 2. The Police Chief and Deputy Police Chief shall receive a uniform allowance of $500.00 per year consistent with the 1998 Police Officers Contract Allowance and previous years pay plan. 3. The Public Works Supervisor shall receive the same uniform allowance provisions as the Public Works Employees consistent with the previous years pay plan. 4. Employees not at their top step will receive a step increase at the time of their anniversary date. CITY OF SHAKOPEE 1998 Part-Time Pay Plan Step Step Step Step Title Grade 1 2 3 4 Instructor-Cheerleading G $11.6974 $12.3855 $13.0736 $13.7617 Instructor-Fitness G $11.6974 $12.3855 $13.0736 $13.7617 Instructor-Golf G $11.6974 $12.3855 $13.0736 $13.7617 Instructor-Gymnastics G $11.6974 $12.3855 $13.0736 $13.7617 Instructor-Skating G $11.6974 $12.3855 $13.0736 $13.7617 Instructor-Tennis G $11.6974 $12.3855 $13.0736 $13.7617 Building Inspector G $11.6974 $12.3855 $13.0736 $13.7617 Engineering Inspector G $11.6974 $12.3855 $13.0736 $13.7617 Snow Plow Operator G $11.6974 $12.3855 $13.0736 $13.7617 Not Used F $10.2494 $10.8523 $11.4552 $12.0581 Activity/Trip Coord. E $8.9678 $9.4953 $10.0228 $10.5503 Code Enforcement Officer E $8.9678 $9.4953 $10.0228 $10.5503 Day Camp Coord. E $8.9678 $9.4953 $10.0228 $10.5503 Gymnastics Asst. E $8.9678 $9.4953 $10.0228 $10.5503 Jr.Team Tennis Coord. E $8.9678 $9.4953 $10.0228 $10.5503 Pool Manager E $8.9678 $9.4953 $10.0228 $10.5503 Recording Secretary E $8.9678 $9.4953 $10.0228 $10.5503 Summer Sports Coord. E $8.9678 $9.4953 $10.0228 $10.5503 Teen Broomball Coord. E $8.9678 $9.4953 $10.0228 $10.5503 Volleyball Coord. E $8.9678 $9.4953 $10.0228 $10.5503 Arena Rink Attendant D $7.8517 $8.3136 $8.7754 $9.2373 Asst.Pool Manager D $7.8517 $8.3136 $8.7754 $9.2373 Building Coordinator D $7.8517 $8.3136 $8.7754 $9.2373 Administrative Intern C $6.8776 $7.2822 $7.6868 $8.0914 Building Attendant C $6.8776 $7.2822 $7.6868 $8.0914 Pool Cashier C $6.8776 $7.2822 $7.6868 $8.0914 Engineering Intern C $6.8776 $7.2822 $7.6868 $8.0914 Lifeguard/Instructor C $6.8776 $7.2822 $7.6868 $8.0914 Maintenance Laborer C $6.8776 $7.2822 $7.6868 $8.0914 Mechanics helper C $6.8776 $7.2822 $7.6868 $8.0914 Lifeguard B $5.9994 $6.3523 $6.7052 $7.0582 Office Worker B $5.9994 $6.3523 $6.7052 $7.0582 Cheerleading Asst. A $5.2397 $5.5479 $5.8561 $6.1644 Gym Attendant A $5.2397 $5.5479 $5.8561 $6.1644 Pool Aide A $5.2397 $5.5479 $5.8561 $6.1644 Rink Attendant A $5.2397 $5.5479 $5.8561 $6.1644 Summer Sports Asst. A $5.2397 $5.5479 $5.8561 $6.1644 11/26/97, 8:40 AM Page 1 1998 PAY SCHEDULE JANUARY 1, 1998 POSITIONS ELECTED OFFICIALS SALARY AUTHORIZED Mayor $6,120.12/year 1 Councilpersons $5,100.12/year 4 NON-UNION EMPLOYEES Fire Chief $3,000.00/year 1 Ass't. Fire Chief(1st) $1,500.00/year 1 Ass't. Chief(2nd) $1,300.00/year 1 Fire Department Engineer $2,400.00/year 1 2nd Engineer $2,000.00/year 1 3rd Engineer $1,000.00/year 1 4th Engineer $1,000.00/year 1 1st Captain $2,000.00/year 1 2nd Captain $ 740.00/year 1 3rd Captain $ 740.00/year 1 4th Captain $ 740.00/year 1 Firepersons $ 7.50/hour 46 CITY OF SHAKOPEE lY, E. 4,', Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Contract-Management Information Systems DATE: November 26, 1997 INTRODUCTION: The Council is asked to consider entering into an agreement with the cities of Prior Lake and Savage for joint Management Information Systems (MIS). BACKGROUND: It is felt that each city currently is too small to justify a full time position, and a position which had those responsibilities along with other duties might not attract someone with the necessary skills. Therefore, the three cities have negotiated a shared employee who is anticipated to spend about one third of his or her time in each jurisdiction. After examining the possibility of doing a joint powers agreement(similar to the Scott Joint Prosecution Association), it was felt that, at least at this time, it would be better for an employee to be hired by the City of Prior Lake, and the cities of Savage and Shakopee contract with Prior Lake for the employee services. Attached is an agreement drafted for that purpose. I would note that one thing that representatives of the three cities could not specifically address was the"reasonable administrative fee"that the City of Prior Lake would be reimbursed for being the employer of a shared employee. The three cities jointly reviewed the expenditures and set work schedule; we feel that this should be an adequate safeguard. Obviously, if things get out of hand, the contract can be amended. BUDGET IMPACT: Money is budgeted for contracted MIS services for 1998. It is anticipated that this arrangement will result in a higher level of service, for fewer dollars than going through our usual suppliers (LOGIS,Mainstream, etc.). For Council's information, initially the individual hired will be a technician, rather than a full MIS Director. The three participating cities looked at the potential salary range for an MIS Director, and it was felt that that could not be justified at this time. Adding someone to do that work in the future is a possibility. RECOMMENDATION: We recommend that the agreement between the cities of Prior Lake, Savage, and Shakopee for MIS services be approved. ACTION REQUIRED: If the Council concurs, it should, by motion, direct the Mayor and City Administrator to execute the"Agreement Between the Cities of Prior Lake, Savage,and Shakopee for Management Information Systems". Mark McNeill City Administrator MM:tw 11/19/97 WED 15:18 FAX 6124474245 CITY OF PRIOR LAKE I:1002 • AGREEMENT BETWEEN THE CITIES OF PRIOR LAKE, SAVAGE AND SHAKOPEE FOR MANAGEMENT INFORMATION SYSTEMS THIS AGREEMENT is made this day of , 1997 by and between the City of Prior Lake, a Minnesota municipal corporation, the City of Savage, a Minnesota Municipal Corporation and the City of Shakopee, a Minnesota municipal corporation. RECITALS Whereas, the cities of Prior Lake, Savage and Shakopee are dependent upon computer hardware and software networks for daily operations and communications; and Whereas, management information systems ("systems") are crucial to the efficient and effective operation of government; and Whereas, these systems must be reliable, state of the art, expandable and capable of being upgraded to meet changing needs; and Whereas, the design, configuration, operation, maintenance and technical support for these systems depends upon individuals with the appropriate background, training and competencies; and Whereas, the cities desire to share the costs associated with having an individual(s) available to provide support for the systems in the respective cities; and Whereas, the cities believe that efficiency and cost effectiveness can be maximized by collectively employing one or more persons to accomplish the above described functions. TERMS NOW THEREFORE, based upon the mutual promises, covenants and terms set forth herein, the sufficiency of which is not disputed the cities agree as follows. A. QUALIFICATIONS AND PERFORMANCE CRITERIA AND STANDARDS 1. The purpose of the Agreement is to share the cost to provide each of the cities with management information services which include but are not limited to: computer hardware and software trouble shooting, network support, training, long range network planning and development, and assistance in procuring necessary and appropriate hardware and software. 1 11/19/97 WED 15:18 FAX 6124474245 CITY OF PRIOR LAKE Lj003 .2. To accomplish the purposes of this Agreement an individual(s) ("employees") will be hired to support the systems in the cities. The cities will jointly develop a position • description. The position description shall define the qualifications necessary for the position. The position description shall state that the employee will be expected to work nontraditional evening and weekend hours as necessary to provide support for the cities' systems. Representatives from each of the cities will perform periodic performance evaluations and salary reviews. 3. The cities shall jointly prepare and agree upon performance criteria which set out the services and support each city will receive from the employee. The performance criteria will be reviewed annually and if necessary modified and revised. Nothing in this paragraph is intended to preclude review and modification more frequently if necessary and agreed to by all of the cities. B. ADMINISTRATION 1. The City of Prior Lake will be responsible for the administration of this Agreement; including but not limited to hiring the employee, the day to day supervision of the employee, budgeting and accounting. 2. An oversight committee consisting of one (1) representative from each participating city is to be created concurrent with the execution of this Agreement. The committee shall be responsible for overseeing the activities undertaken pursuant to this Agreement; including but not limited to: scheduling employee(s), budget preparation and modification, employee supervision; including performance evaluations, salary adjustments and employment actions, and proposed modifications to this Agreement including membership changes. 3. The employee will be considered an employee of the City of Prior Lake for the purposes of compensation, personnel policies, wages and benefits. 4. The employee is considered a confidential employee. Since the position is professional within the meaning of FLSA, it is exempt from the payment of overtime. 5. The City of Prior Lake will provide the employee with an office, telephone, secretarial support and access to meeting rooms, facsimile machine, copier, mobile phone and computer. 6. The City of Prior Lake will charge a reasonable administrative fee for the physical accommodation of the employee and to defray the expenses of administering the services provided pursuant to this Agreement. 7. Any liability which may arise out of this Agreement shall be shared equally by each of the cities regardless of fault. This provision is not intended in any way to waive any statutory immunities available to a city in defense of a claim against it or to waive the liability protection and limitations set forth in Minnesota Statutes Chapter 466. 2 11/19/97 WED 15:19 FAX 6124474245 CITY OF PRIOR LAKE Qt004 • C. BUDGETING AND FINANCE 1. Prior to August 1st of each year, the City of Prior Lake will prepare and distribute to the participating cities an annual budget. By September 1st, the cities shall finalize the budget and each city shall incorporate the costs into its respective budget for the coming year. 2. The Agreement will be financed as follows: a. The overall projected cost of the employee and administrative support will be calculated and divided by 2,080 hours (based upon a 40-hour work week) to arrive at an hourly rate for the employee. b. The employee will record their hours worked for each city, which shall be accounted for by the City of Prior Lake Finance Director. Reports of actual costs per city will be distributed quarterly within thirty (30) days of the end of the quarter. c. Within thirty (30) days of receipt of the quarterly statement, each city shall reimburse Prior Lake for the actual costs of the preceding quarter plus administrative and office costs. D. TERM OF AGREEMENT 1. This Agreement shall be for an initial term of five (5) years, commencing on January 1, 1998. Thereafter, this Agreement may be extended for such periods that are mutually agreeable to the cities. • 2. A City desiring to withdraw from this Agreement shall provide the other cities with written notice by August 1st of the calendar year. The withdrawing City shall be responsible for its share of the costs through December 31st of the year it is withdrawing, together with any other obligations it may be responsible for or which may have been incurred on its behalf. 3. If a City provides written notice of its intent to withdraw from this Agreement, the other cities may: a. Evaluate whether it is economically feasible to continue to provide the current level of service and revise the level of services and budget for the upcoming calendar year accordingly; or b. Decide to terminate the Agreement in its entirety. 4. If this Agreement is terminated pursuant to paragraph D2, the City that first provided notice of its intent to withdraw from the Agreement shall share equally in any costs or 3 11/19/97 WED 15:19 FAX 6124474245 CITY OF PRIOR LAKE f j005 expenses arising out of the discontinuance of the Agreement. S. The cities may, if mutually agreed to, add additional cities to this Agreement upon any terms deemed equitable and appropriate. 6. This Agreement shall be subject to approval by the City Council of Prior Lake, Savage and Shakopee with such approval authorizing the City Manager's or Administrators to execute this document. Executed and Subscribed to the date first hereinabove written. CITY OF PRIOR LAKE CITY OF SAVAGE By: By: Lee Andren, Mayor Rob Fendler, Mayor By: By: Frank Boyles, City Manager Steve King City Administrator CITY OF SHAKOPEE By: Jeff Henderson, Mayor By: Mark McNeil City Administrator 4 /1/- E. CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Internet Access/Electronic Communications Policy DATE: November 20, 1997 INTRODUCTION: The Council is asked to authorize staff to make provisions to connect the City of Shakopee to the Internet, and adopt City policies for electronic communications and Internet Access. BACKGROUND: In the 1997 budget,there is money for"Technology", which can fund computer upgrades,but also anticipated access to the Internet. Currently,the City has internal e-mail, and e-mail to approximately 26 other Logis-member cities. LOGIS (Local Government Information System) is the provider of payroll and certain accounting services to the City. Shakopee has been a member of LOGIS for more than 20 years. There are several reasons why Internet availability would be beneficial for the City: 1. It permits documents to be transferred instantaneously to other e-mail addresses, and provides for a higher quality than does, for example, faxed copies. 2. It would provide the City with the ability to do research on the World Wide Web. 3. Some information is now, or soon will be, available only electronically. For example, Hennepin County purchasing cooperative is no longer sending out their bid information by mail; it will only be available through e-mail. 4. It will allow citizens an opportunity to access City information(such as city code, parking restrictions,etc.), as well as Email City officials directly. BUDGET IMPACT: For approximately $2,200, LOGIS will set up a connection to the Internet. The price they quoted is very reasonable -the City of Savage recently choose LOGIS to provide Internet access, after researching a number of options. There would also normally be a cost to set up a City Web Page;however, Mayor Henderson has volunteered to do the set up and will show City staff how to keep it updated. ACCESS/SECURITY CONSIDERATIONS: Access to the Internet does generate a number of questions relating to document security, and appropriateness of information received or transmitted over the Internet. The attached policy is one based on existing policies from Dakota County, and covers considerations for different types of electronic communications -e-mail, Internet, and voice mail. Prior to connecting to the Internet,policies such as this should be in place. We are proposing to utilize this one. It should be considered tentative, and, as experience is gained in internet usage, it will be modified from time to time. RECOMMENDATION: We recommend the following actions: 1. That staff be authorized to contract with LOGIS to provide Internet access. 2. That the City adopt the attached policy on Electronic Communications System. 3. That the City adopt the attached policy on Internet Access Usage. ACTION REQUIRED: If the City Council concurs, it should,by motion, adopt by separate motion the following: 1. A motion directing staff to have LOGIS provide Internet access for the City of Shakopee. 2. Motion adopting the attached Electronic Communications System policy. 3. Motion adopting the attached Internet Access and Usage policy. li ' Mark McNeill City Administrator MM:tw MEW CITY OF SHAKOPEE Policy-Internet Access/Use Internet capabilities are available to City of Shakopee employees. This policy establishes a procedure for gaining access to those capabilities. Internet capabilities delivered through the City network are intended solely for City business purposes and are not intended for personal use. Access to the Internet is for City employees' use only. General Information The Internet has become one of the most sought after and widely communicated technology vehicles of recent times. It is accepted as synonymous with, or the precursor to, the Information Super Highway. Access to the Internet and its vast capabilities is in high demand from all sectors of society, including business and governments. City of Shakopee employees can benefit from Internet capability. The delivery of most of the Internet functionality is available to employees who have a legitimate business need and who have Windows-based personal computer workstations connected to the City network. The following Internet capabilities are available to City employees based upon need: 1. Internet electronic mail 2. Knowledge-based search Not all positions in the City require this capability. Internet functionality exceeds the scope of, or is not applicable to, some assignments in the City. Management of time invested in this capability is important. Attached is an"Internet Usage Evaluation Form"which may help determine the applicability of this technology for a specific position. Because the Internet is a loose confederation of many networks, information servers, owners, and providers, it should be recognized that staff training and support are different from other applications of technology. New users of the Internet should be prepared to invest both time and initiative to make this technology cost effective. Procedure Department heads are encouraged to use the attached evaluation form when considering authorizing Internet capabilities for their employees. Internet capabilities are obtained for specified employees at their workstation through a service request to the City's designated MIS Coordinator. This service request should identify the Internet capabilities desired and must be approved by the department head. The service request is then forwarded to MIS Coordinator for setup and implementation. Support for internal Internet technical issues, such as the network or software problems, is available through the MIS Coordinator. Support for Internet-based problems which may be located almost anywhere, such as another state or country at unknown sites, is minimal. Internet usage will be reviewed periodically by MIS Coordinator and City Administration staff, and policy amendments may be likely in the future to maximize the effectiveness of this new technology. CITY OF SHAKOPEE Policy-Electronic Communications System The City of Shakopee Electronic Communication System has been installed by the City to facilitate communications for City business. The Electronic Communication Systems are City property intended to assist City employees in the performance of their jobs. The following policy describes the proper use of electronic communication systems and City of Shakopee management's rights of access to messages on these systems. While it is the City's policy to respect its employees' right to privacy, department heads and management have the right to review the contents of employees' communications on electronic communication systems when necessary for City business purposes. Sources Minn. Stat. Ch. 13, the Minnesota Government Data Practices Act Minn. Stat. Section 138.17 Minn. Stat. Section 375.18, subd. 2 General Information Allowed Uses 1. The primary purpose of electronic communication systems shall be for City of Shakopee business purposes. 2. Incidental use of electronic communication systems for personal purposes such as arranging for lunch or recording a call from a family member is not a violation of this policy. 3. Although each employee has individual passwords,the messages sent over electronic communication systems may be forwarded without consent and may be accessed by Department Heads, City Administrator, or MIS Coordinator business purposes. 4. All messages on electronic communication systems are subject to requirements of City Policies, the Minnesota Government Data Practices Act,the Open Meeting Law,the Minnesota Human Rights Act, and other applicable laws. Application of Policy to Third Parties 1. This policy applies to all employees and third parties who have access to City of Shakopee electronic communication systems. 2. Third parties may access the City's electronic communication systems if necessary for City of Shakopee business purposes and only if they agree to abide by all applicable rules. 3. Third parties who are in violation of this policy may be removed from the electronic communication systems or have their contract revoked according to the terms of the contract, or both. 4. Messages sent between the City and third party users may be used the City for any City of Shakopee business purpose. Prohibited Uses 1. Electronic communication systems shall not be used for political messages,religious messages,harassing messages,racial or ethnic slurs, or for private gain or advantage. 2. Employees, including electronic communication system administrators and supervisors, shall not use the electronic communication systems to satisfy curiosity about the affairs of others. 3. Employees who are separated from employment have no right to access electronic communication systems for messages. City of Shakopee's Right to Monitor Electronic Communication Systems Messages 1. All messages in electronic communication systems are City of Shakopee property. 2. The City of Shakopee reserves the right to access messages on electronic communication systems for any business purpose. Examples include: • Department Heads may review electronic communication system messages to determine if an employee has breached security or violated City policy or other law. •Department Heads may review an employee's messages on electronic communication systems if the employee is on a leave of absence, vacation, or transferring to another department if necessary for City business purposes. •All messages on electronic communication systems are subject to the same monitoring. Retention Electronic communication systems are temporary media to transmit data. All records required to be maintained by any state or federal law or rule shall be maintained separate from the electronic communication systems. Data Practices and Access During Lawsuits 1. Messages on the electronic communication systems are subject to the Minnesota Government Data Practices Act. If a message contains information that is not public, access to the message should be restricted. 2. If a party suing the City of Shakopee asks for messages existing on the electronic communication systems, they may be furnished to the requesting party. Each request for information from electronic communication systems is forwarded to the City Administrator's Office. Procedures Each City Department shall develop and implement a procedure for use in the department for providing access to an employee's electronic communication system messages during that employee's absence. 1. Options for providing access include: •Establishing surrogates for Email or partners who will share voice mail passwords, or •Requiring employees to provide passwords to supervisors or their designees. 2. If access to an employee's electronic communication system messages is needed, and no surrogates or partners are available, or the supervisor or designee who has the password is not available, department heads or their designees may obtain the password from the MIS Coordinator, or the Coordinator's designee. Employees violating this policy who are subject to City of Shakopee Personnel Policies and shall be disciplined in accordance with those procedures. The City may terminate the contract of any employee or third party who is under contract with the City and violates this policy, and may prohibit the use of electronic communication systems by any third part who violates this policy. IIIL INTERNET USAGE EVALUATION FORM The Internet offers a number of capabilities that might contribute to the productivity of City employees. The ability to communicate via electronic mail can offer similar advantages to the in-house electronic mail capability currently in use in the City. The Internet also offers a broad range of information that can be accessed, and in some cases even downloaded, in electronic format. This is sometimes referred to as knowledge-based search. The use of this questionnaire may help determine the appropriateness of implementing Internet capabilities. A.INTERNET ELECTRONIC MAIL. If the answer to the following questions is yes, implementing this capability might be appropriate. 1. Is City electronic mail currently being used on a regular basis? Yes No 2. Is there a business need to communicate with agencies,businesses, or individuals outside the City organization via electronic mail? Yes No 3. Do the people, or is there a likelihood that the people, who you want to communicate with have Internet addresses. Yes No B. KNOWLEDGE-BASED SEARCH. The following questions should help determine the appropriateness of this Internet capability. If the answer to all questions is yes,this may be an appropriate capability. 1. Do job requirements create the need for periodic research for information on a broad range of subjects? Yes No 2. Has technology been used in the past on a self-initiated basis with little or outside support? Yes No GLOSSARY OF INTERNET TERMS Browser: Software allows you to read and copy but not modify source information. City Network: This network delivers that office automation technology and information systems to the workstation on a City of Shakopee employee's desk. This network comprises the Local Area Networks in the City Hall, Police Department, Public Works Garage, and Community Center. The network is connected to the State of Minnesota and the Internet. Client: is a system or program that requests activities from one or more systems or servers to accomplish a specific task. Electronic Communication Systems: Systems for communication furnished by the City to its employees and third parties that transfer messages, such as the City Email and voice mail systems. Employee: An officer, agent, or employee, including all persons employed by the City who are working under the direction or control of any official or department of the City. Employee also includes those who work for the City of Shakopee on a volunteer basis without pay when such employment is accepted, contracted for, or consented to be the City or a department thereof and under the direction and control of the City or department thereof. The term shall also include an individual performing services for City of Shakopee under contract, if the City is exercising control over the performance of the contract. Firewall: A firewall,typically a separate machine,protects unauthorized access to information resources on a network from other parts of the network by prohibiting (or permitting) access from specific Internet domains for specific services. Gopher: A set of software client/server programs developed at the University of Minnesota, available on the Internet. The client program works on a desktop computer and requests information from a gopher server. Hypertext: Is a document organization format that provides links to other documents within a document. The reader may choose either to read the original document or branch, using one of the links,to another document. Internet: The broad-based worldwide telecommunications network that provides the functions of electronic information exchange. These functions include electronic mail capabilities between Internet users, knowledge-based searching, file transferring, and new groups. IP Address: Is a numeric identifier that uniquely identifies an Internet computer or workstation. PPP (Point-to-Point): Is a set of communications protocols that is replacing SLIP because it is more rigorous and supports other protocols. Record: The term record as used herein excludes data and information(including extra copies) that does not become part of an official transaction. Server: A system or a program that receives requests from one or more client systems to perform activities that allow the client to accomplish certain tasks. Service Request: Information Technology procedure for customers to request services. The existing service request document or Email procedure should be used for requesting Internet capabilities. The only policy difference from other service requests is the area of approval. SLIP (Serial Line Internet Protocol): Is used for access to the Internet over dial in lines. A SLIP server must be available at the host site for SLIP access to occur. TCP/IP (Transmission Control Program/Internet Protocol): Is a set of protocols used for layers 3 and 4 of the OSI model and which has achieved the status of a de facto standard. Third Party: Any person who has access to City of Shakopee Email or voice mail, or both, who is not an employee. Virus: A program which contains within it a malicious program segment which may damage your system or files. Windows-Based Personal Computer: Personal computer workstation on a City employee's desk loaded with and operating under the Windows operating system. World Wide Web: A collection of information links created in a common format that allows the integration of text, image, audio, and video through information browser clients. CITY OF SHAKOPEE J' E. c)• Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Construction Trailer Parking DATE: November 26, 1997 INTRODUCTION: The Council is asked to give permission to Kraus Anderson to park a construction trailer on First Avenue East, as part of the River City Centre Project. BACKGROUND: Since about October 15th, a construction trailer has been parked on the north side of First Avenue East. It serves as the on-site headquarters for Kraus Anderson, the general contractor for the River City Centre Project. It occupies approximately 8 parking spaces,that otherwise are restricted to 2 hour parking. A neighboring business has expressed concerns that the construction trailer is able to be parked there, whereas business people in the downtown potentially must observe a 2 hour limit. This issue has been discussed with the City Attorney, and also with the Project Manager. It is felt that there is a distinction between an immobile construction trailer, and a vehicle that can be moved. The construction trailer can not be parked on the site, as the site is simply not large enough, especially after construction materials start to be delivered. It is possible that it can be moved onto the sidewalk at a later time; it will also be removed altogether,but that may not take place until June, 1998. Something needs to be done in the meantime. After discussions with the City Attorney, it would seem that the construction trailer would be most similar to a semi-trailer, covered in Section 9.30 of the City Code. In that, subdivision 5 describes hardships, which then permits the City Council to grant exemptions to the restrictions for truck parking. We feel that this qualifies as a hardship - otherwise,the project general contractor would not have the on-site office that it needs, at least until much later in the project. It can not be moved every two hours, whereas normal vehicles may. It should be noted that the trailer itself is not licensed as a vehicle. RECOMMENDATION: We recommend that the Council determine that a hardship exists as defined in Section 9.30 Subd. 5 of the City Code, and authorize the parking of the construction trailer occupied by Kraus Anderson at its location at 239 East First Avenue, until such time in the construction project progresses to the point that the trailer might be relocated. ACTION REQUIRED: If the Council concurs, it should adopt the following resolution: RESOLUTION NO. 4796 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, GRANTING AN EXEMPTION TO KRAUS ANDERSON CONSTRUCTION CO. FROM THE PARKING REGULATIONS IN TIIE SHAKOPEE CITY CODE Mark McNeill City Administrator MM:tw RESOLUTION NO. 4796 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, GRANTING AN EXEMPTION TO KRAUS ANDERSON CONSTRUCTION COMPANY FROM THE PARKING REGULATIONS IN THE SHAKOPEE CITY CODE WHEREAS, Kraus-Anderson Construction Company has requested permission to park its construction trailer on the north side of First Avenue during the construction project on Blocks 3 and 4; and WHEREAS, Section 9.30 of the Shakopee City Code states that the City Council may grant exemption from the parking regulations upon a showing of undue hardship; and WHEREAS,there is no room on the construction site for Kraus-Anderson Construction Company's construction trailer to be parked. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA,AS FOLLOWS: That Kraus-Anderson Construction Company is granted an exemption from the City's parking regulations on the north side of First Avenue during the construction of the Blocks 3 and 4 project. Adopted in regular session of the City Council of the City of Shakopee, Minnesota,held this 2nd day of December, 1997. Mayor of the City of Shakopee ATTEST: City Clerk § 9 .30 SEC. 9.30. TRUCK PARKING. Subd. 1. Public Property. It is unlawful to park a detached semi-trailer upon any street, municipally-owned parking lot, or other public property. Subd. 2. Residential District. It is unlawful to park a semi-trailer, whether or not attached to a truck-tractor, within an area zoned as a residential district, except for the purpose of loading or unloading the same. Subd. 3. Metered Parking Space. It is unlawful to park a commercial vehicle of more than 3/4th's ton capacity within any metered parking space, but parking of such vehicle for a period of not more than twenty (20) minutes shall be permitted in such space for the purpose of necessary access to abutting property for loading or unloading when such access cannot reasonably be secured from an alley or from an adjacent street where truck parking is not so restricted. Subd. 4. Loading Zones and Alleys. Parking of commercial vehicles is permitted in duly designated and sign-posted loading zones, and in alleys, for a period of up to twenty(20)minutes, provided that such alley parking does not prevent the flow of traffic therein, all of which shall be for the purpose of access to abutting or adjacent property for loading or unloading. Subd. 5. Hardship. Upon showing of undue hardship in individual cases the Council may grant modification or exemption from the above provisions and shall forthwith notify the City Engineer, the City Street Department and the Police Department. (Ord. 1, April 1, 1978; Ord. 140, December 29, 1983) SEC. 9.31. LOADING ZONES. The Council may, by resolution, establish loading zones to be used for the specific purpose of loading or unloading merchandise from a commercial vehicle or vehicle temporarily being utilized in the transport of merchandise. Such loading zones shall be installed by order of the City Administrator where in the judgment of the Council a commercial loading zone is justified and duly sign-posted. (Ord. 1, April 1, 1978) SECTIONS 9.32 - 9.39. Reserved. SEC. 9.40. PARKING RULES IN MUNICIPAL PARKING LOTS AND RAMPS. In municipally-owned parking lots and ramps, the Council may limit the sizes and types of motor vehicles to be parked thereon, hours of parking, and prescribed method of parking, provided that such limitations and restrictions are sign-posted thereon. It is unlawful to park or leave standing any vehicle backed into a parking place, or to drive in a direction opposite the flow of traffic marked by "one-way" signs or arrows. It is also unlawful to park any vehicle in any municipally-owned parking lot or ramp contrary to the restrictions or limitations sign-posted therein without a permit in writing from the City. (Ord. 62, June 18, 1981) SEC. 9.41. IMPOUNDING AND REMOVING VEHICLES. When any police officer finds a vehicle standing upon a street or municipally-owned parking lot in violation of any parking regulation, such officer is hereby authorized to require the driver or other person in charge of such vehicle to remove the same to a position in compliance with this 1993 ed. 844 15! 5./0. CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: 1998 Fee Schedule DATE: November 26, 1997 INTRODUCTION The City Council is asked to consider adopting the attached resolution setting fees for licenses, permits, services, and documents for 1998 . BACKGROUND Each year in December, The City Council adopts a fee resolution for the ensuing year. The fee resolution includes the fees for all licenses and permits issued within the City of Shakopee. Each year, at this time, department heads are asked to re-examine their fees and make appropriate recommendations for adjustments to the City Council . City Clerk - recommends 1) establishing a fee for a fireworks permit at $20, 00 (page 3) , 2) increase the cost of a city code from $50 to $100 (page 15) , and 3) increase the currency exchange license review fee from $30 to $35 (page 1) . These would more accurately reflect City cost . Building Department - recommends increasing a variety of inspection activities from $16 to $20 . These fees have been unchanged for several years, and the increases will cover the actual minimum cost of these services (pages 5-10) . The SAC charge is being increased from $950/unit to $1, 000/unit (page 10) . This is dictated by the Metropolitan Council . Finance Department - The sewer service charges have been adjusted to incorporate City Council direction at the November 17th work session (page 11) . Refuse/Recycling rates have been 1998 Fee Schedule November 26, 1997 Page -2- adjusted to coincide with the recently approved contract with Waste Management (page 14) . Park and Recreation Advisory Board - recommends increasing the municipal swimming pool fees as outlined on page 22b. Planning Department - no changes recommended. Police Department - no changes recommended. Public Works Department - see memo from Bruce Loney attached. Not mentioned in the memo is the establishment of a $5 . 00 fee for a street index map (page 21) . ALTERNATIVES 1. Adopt fee resolution as proposed. 2 . Amend fee resolution as drafted. 3 . Table for additional information. RECOMMENDED ACTION - after making any desired changes : Offer Resolution No. 4801, A Resolution Setting Fees for City Licenses, Permits, Services and Documents, and move its adoption. Jut S. Cox, C' y Clerk h:\feeres RESOLUTION NO. 4801 A RESOLUTION SETTING FEES FOR CITY LICENSES, PERMITS,SERVICES AND DOCUMENTS BE IT RESOLVED,by the City Council of the City of Shakopee, Minnesota,that the Fee Schedule dated January 1, 1998, attached hereto and made a part hereof is hereby approved and adopted in its entirety. BE IT FURTHER RESOLVED,that the Fee Schedule attached shall become effective on January 1, 1998,unless indicated otherwise therein, and Resolution No. 4583 and all other resolutions inconsistent herewith shall be repealed effective January 1, 1998. Adopted in Regular Session of the City Council of the City of Shakopee, Minnesota, held this day of , 199_. Mayor of the City of Shakopee ATTEST: City Clerk Adopted: Dec. 2, 1997 Res. No. FEE SCHEDULE Shakopee, Minnesota January 1, 1998 Fees are listed by department and are to be updated annually. CITY CLERK/Misc. Business Licenses FEES Commercial/Industrial/Mortgage Revenue Bond Fees 1. Application fee for Commercial/Industrial/ 1/10th of 1% of Mortgage Revenue Bonds amount issued with a $2, 600 min\$6, 300 max. 2 . Legal expenses as billed in addition to above 3 . Application fee for refinancing Commercial/ 1/20th of 1% of Industrial/Mortgage Revenue Bonds amount issued with a $1, 300 min\$3 , 150 max. 4 . Legal expenses for refinancing as billed in addition to above Tax Increment Financing Fees (Authorized by Res . 3221) Application fee for Tax Increment Financing $5, 200 . 00 Movies and Theaters (Authorized by City Code 6 .42) 1. Annual fee for showing 16 mm films $ 26 . 00 2 . Annual fee for showing 35 mm films (or larger) $105 . 00 3 . Annual fee for conducting theatrical play(s) $ 26 . 00 Currency Exchange License Review State Law requires the City to review an application to the State for a currency exchange license. $30 . 00 S35 . 00 Gambling/Bingo/Raffles Licensed through State Gambling Board, no City fees . 1 Minnesota Home Finance Agency Rental Rehab Grant Application Fees (Authorized by Res . #3181) 1-4 Units $150 . 00 5-8 Units 185 . 00 - 290 . 00 9-16 Units 325 . 00 - 570 . 00 17-24 Units 605 . 00 - 850 . 00 25 or more 885 . 00 plus $35 for each unit in excess of 25 License for the Sale of Beer, Liquor, Wine, Set-up License, Liquor License, Club License and Temporary Beer License (Authorized by City Code 5 . 06) 1 . Annual fee for On Sale Beer License $312 . 00 2 . Annual fee for Off Sale Beer License $100 . 00 3 . Temporary Beer License $ 15 . 00 4 . Annual fee for Set Up License $125 . 00 5 . Annual fee for On Sale Wine License 1/2 of On Sale Liquor or $2, 000_whichever is less 6 . Annual fee for On Sale Club License $300 . 00 7 . Annual fee for Sunday Liquor License $200 . 00 8 . Annual fee for Off Sale Liquor License $150 . 00 9 . Application and Investigation fee for Off Sale Liquor License, On Sale Liquor License, or Wine License a) If investigation within Minn. $330 . 00 b) If investigation outside Minn. City expenses up to $10, 000 with $1, 100 deposit 10 . Annual fee for On Sale Liquor License : Customer Used Floor Area Under 1, 000 $3 , 705 . 00 1, 000 - 1, 999 $4, 390 . 00 2, 000 - 2, 999 $5, 080 . 00 3, 000 - 3, 999 $5, 765 . 00 4, 000 - 4, 999 $6, 445 . 00 5, 000 - 5, 999 $7, 140 . 00 6, 000 - 6, 999 $7, 820 . 00 7, 000 - 7, 999 $8, 510 . 00 8, 000 - 8, 999 $9, 195 . 00 9, 000 - 9, 999 $9, 875 . 00 Over 10, 000 $10, 570 . 00 2 Fireworks Permit Application fee hereby set as follows : S20 . 00 Peddlers (Authorized by City Code 6 .21) 1. Weekly License Fee $30 . 00 2 . Annual License Fee $160 . 00 3 . Six Month License Fee $105 . 00 Taxicabs and Drivers (Authorized by City Code 6 . 22) 1 . Annual fee $260 . 00 2 . Annual taxicab driver' s license fee $ 30 . 00 3 . Annual fee for each vehicle $ 15 . 50 Tabacco (Authorized by City Code 6 .23) 1 . Annual fee for Tobacco License $100 . 00 Show. Non-Transient Theme Parks, Amusement Parks, etc . (Authorized by City Code 6 .24) 1. Annual license fee equaling the number of rides x $45 . 00 $50 . 00/ride 2 . Show without rides $80 . 00 3 . Non-Transient Theme Parks As per agreement Outdoor Performance Center (Authorized by City Code 6 .42B) 1 . Annual license fee $520 . 00 Massage Center (Authorized by City Code 6 .40) 1 . Annual License Fee $315 . 00 2 . Initial license requires one time investigation fee $345 . 00 3 . Investigation fee for each new employee $ 55 . 00 Masseur and Masseuse License Fee (Authorized by City Code 6 .41) 1 . Annual registration fee $105 . 00 2 . Investigation fee $ 55 . 00 3 pawnshops. Precious Metal Dealers, and Secondhand Dealers (authorized by City Code 6 . 28) 1 . Annual License Fee $315 . 00 2 . Initial license requires one time investigation fee $345 . 00 3 . Investigation fee for each new employee $ 55 . 00 Tattooing License (authorized by City Code 6 .51) 1 . Annual License Fee $315 . 00 2 . Initial license requires one time investigation fee $345 . 00 3 . Investigation fee for each new employee $ 55 . 00 Rental of Pat Thielen Rodeo Arena (Authorized by Resolution No. 1910) Rental of arena for a period not to exceed seven consecutive days : a. Non-profit organizations within corporate limits of City of Shakopee $ . 00 b. Other non-profit organizations $208 . 00 or 15% of gross ticket sales whichever is greater c. Profit making organizations $208 . 00 or 15% of gross ticket sales whichever is greater 4 BUILDING INSPECTOR/ELECTRICAL INSPECTOR City of Shakopee electrical inspection fees shall be paid according to the schedule contained in the current State Board of Electricity - State of Minnesota - "Laws and Rules Regulating Licensing of Electricians and Inspection of Electricl Installations" . With the following exception: 1. Thcrc will be no maximum fcc on a 3inglc family dwclling. The fee for single family dwellings shall be calculated by service size and number of circuits according to the State Fee Schedule subpart 3 and subpart 4 . with a maximum fee of 5110 . 00 for 0-200 amp service and 5165 . 00 for 200-400 amp service . Plumbing Permits (Authorized by City Code 4 . 05) 1 . Alterations and Repairs - Minimum Fee $1G . 00 520 . 00 + $ . 50 State Surcharge Tax 2 . New Construction Residential - Minimum Fee $36 . 00 + $ . 50 State Surcharge Tax Commercial - Minimum Fee $60 . 00 + $ . 50 State Surcharge Tax 3 . Residential Plumbing Permit Fees All fixtures listed below will be figured at $6. 00/each Water Closet Water Softener +$ . 50 State Lavatory (Basin) Bathtub Surcharge Tax Floor Drain Laundry Tub Sink Shower Stall Disposal Dishwasher Water Heater (Gas or Electric) Clothes Washer-Standpipe Permit fees for rough-ins for future bathrooms will be $5 . 00 per fixture . + $ . 50 State Surcharge Tax 4 . Residential - Replacements Only Water Heater - Gas $1G . 00 520 . 00 +$ . 50 State Surcharge Fee Water Softeners - New or replacement in other than homes under construction (installer must be licensed by the State Board of Health $1G . 00 520 . 00 + $ . 50 State Surcharge Fee 5 5 5 . Commercial Plumbing Permit Fees Water Closet, Lavatory (Basin) , Urinal, Individual Shower $ 7 . 00 Shower - Gang Type - Per Head 5 . 20 Drinking Fountain 7 . 00 Dental Unit 13 . 00 Sink - Service or Mop 7 . 00 Flat rim, bar, counter, laboratory 9 . 50 Pot or Skullery 9 . 50 Clothes Washer - First five units or less 19 . 00 Each additional unit 4 . 00 Floor Drain - 2 inch 7 . 00 3 and 4 inch 8 . 50 Catch Basin 9 . 50 Sewage Ejector 13 . 00 Sumps and Receiving Tanks 13 . 00 Water Softeners 19 . 00 Water Heater - Gas - Replacement Only 25 . 00 Commercial plumbing permits to be figured by the above fixture schedule but at the same time the permit is to be issued, the permitee will certify the contract price and the fee will be based on the above method or 1 . 27% of the contract price, whichever is greater. 6 . Sewer and Water Connection Sewer Connection $ 20 . 00 +$ .50 State Surcharge Fee Water Connection $20 . 00 +$ . 50 State Surcharge Fee Combination Sewer & Water- Connection $30 . 00 +$ . 50 State Surcharge Fee 6 Building Permit Fees (Authorized by City Code 4 . 05) Building Value Fees $1. 00 to 500 . 00 $21 . 00 501 . 00 to 2, 000 . 00 $21 . 00 for the first 500 . 00 plus 2 . 75 for each additional 100 . 00 or fraction thereof, including 2, 000 . 00 2, 001 . 00 to 25, 000 . 00 $62 . 25 for the first 2, 000 . 00 plus 12 . 50 for each additional 1, 000 . 00 or fraction thereof, to and including 25, 000 . 00 25, 001. 00 to 50, 000 . 00 $349 .75 for the first 25, 000 . 00 plus 9 . 00 for each additional 1, 000 . 00 or fraction thereof, to and including 50, 000 . 00 50, 001 . 00 to 100, 000 . 00 $574 . 75 for the first 50 , 000 . 00 plus $6 . 25 for each additional 1, 000 . 00 or fraction thereof, to and including 100, 000. 00 100, 001 . 00 to 500, 000 . 00 $887 . 25 for the first 100, 000 . 00 plus 5 . 00 for each additional 1, 000 . 00 or fraction thereof, to and including 500, 000 . 00 500, 001. 00 to 1, 000, 000 . 00 $2, 887 .25 for the first 500, 000 . 00 plus 4 .25 for each additional 1, 000 . 00 or fraction thereof, to and including 1, 000, 000 . 00 1, 000, 001 . 00 and up $5, 012 .25 for the first 1, 000, 000 . 00 plus 2 .75 for each additional 1, 000 . 00 or fraction thereof 7 Other Inspections Inspections outside of normal business hours (minimum charge - two hours) $42 . 00/hr. Reinspection fees assessed under provisions of Section 108 . 8 of the Uniform Building Code $42 . 00/hr. Inspections for which no fee is specifically indicated (minimum charge - one-half hour) $42 . 00/hr. Additional plan review required by changes, additions or revisions to approved plans (minimum charge - one-half hour) $42 . 00/hr. Plan Review Fee : 65% of building permit fee under provisions of Section 107 of the Unform Building Code. State Surcharge : Building Permits (These fees forwarded to the State Treasurer) Less than $1, 000 $ . 50 $1, 000, 000 or less . 0005 x valuation $1, 000, 000 to $2, 000, 000 $ 500 + . 0004 x (Value - $1, 000, 000) $2, 000, 000 to $3, 000, 000 $ 900 + . 0003 x (Value - $2, 000, 000) $3 , 000, 000 to $4, 000, 000 $1200 + . 0002 x (Value - $3 , 000, 000) $4, 000, 000 to $5, 000, 000 $1400 + . 0001 x (Value - $4 , 000, 000) Greater than $5, 000, 000 $1500 + . 00005 x (Value - $5, 000, 000) State Surcharge : Plumbing, Heating and Electrical Permits Permit fee less than $1, 000 $ . 50 Permit fee more than $1, 000 Fee x . 0005 Certificate of Occupancy (Authorized by Res. No. 2604) Commercial/Industrial - . 005 times the value of the project, or $500 . 00, whichever is greater Residential - . 005 times the value of the project with a $500 . 00 maximum 8 90% of the fee shall be refunded when a final certificate of occupancy is issued. Fast Tracking Issuance of Building Permits (Authorized by Res . #2604) Fast tracking building permit process - City expenses up to 100% of building permit fee with a 30% deposit Moving Permit $50 . 00 Fire Protection Equipment hereby set as follows : Cprinklcr Cystcm3 3hal1 be computcd at $15 . 00 for the first 10 hcad3 and $4 . 50 for cach additional 10 heads or part thcrcof, and $25 . 00 Rcpair New constrcution, repair and miscellaneous work shall be computed at 1 .27% of the contract price plus State Surcharge . Individual On Site Sewer Permits hereby set as follows : Residential : $50 . 00 Commercial : 1 . 27% of Contract Amount Heating, Air Conditioning. Refrigeration, and Ventilation Permits hereby set as follows: Minimum Fee $1G . 00 520 . 00 + $ . 50 State Surcharge Single Family Residence $40 . 00 + $ . 50 State Surcharge Central Air Conditioning (at the time $ 6 . 00 of new construction) + $ . 50 State Surcharge Fireplace - Includes Gas Permit S40 . 00 + S . 50 State Surcharge (Included with new single family residence above) Commercial fee shall be computed at 1.27% of the contract plus State Surcharge . 9 Tank & Piping Permits hereby set as follows: Underground fuel storage tanks and piping permit fee to be 1 .27% of contract plus State Surcharge. Lawn Sprinkler Systems - Residential $30 . 00 Lawn Sprinkler Systems - Commercial (This fee includes water connection from building piping to yard side of siphon breaker) $30 . 00 Gas Piping Permits hereby set as follows : Minimum Fee $1G . 00 520 . 00 + $ .50 State Surcharge Residential - Each fixture or applicance $ 5 . 00 + $ . 50 State Surcharge Alterations and Repairs - Minimum Fee Commercial fee shall be computed at 1 . 27% of the contract plus State Surcharge. _ - _ -- - _ _ _ __ -_ - - =- - - -- _ - _ , each contractor shall takc out a permit . Appeal Fees Appeal to Building Code Board of Adjustment & Appeals $90 . 00 Appeal to Housing Advisory and Appeals Board $90 . 00 Appeal to City Council $90 . 00 Sanitary Sewer Service Availability Charge (SAC) Units for Various Residential, Commercial, Public, and Institutional Facilities will be applied as specified in the Metropolitan Council SAC Procedure Manual, latest edition. Metro SAC Charge (these funds are forwarded to the Metropolitan Council) $ 9S0/Unit 51. 000 . 00 City SAC Charge per Resolution No. 4165 S 400/Unit TOTAL $1250/Unit 51400/Unit Water Availability Charge (WAC) (These fees forwarded to SPUC) Fees are set by Shakopee Public Utilities resolution. 10 ADMINISTRATION/FINANCE - hereby set as follows: Office Charges hereby set as follows : 1. Assessment Searches $15 . 00 2 . Partial Release of Developers Agreement $15 . 00 3 . Copy fee General Public $ .20 Other governmental/non-profit public service $ . 07 4 . Complete Assessment Rolls $10 . 00 up to 10 pgs . 11 or more $2 . 00/each 5 . Service charge for each check returned $ 20 . 00 Sewer Service Charges (Authorized by City Code 3 . 02) 1 . Monthly service charge $7 . 50- $7 . 00 2 . For every 1, 000 gallons or part thereof of metered flow or water usage $1 . G2 $1 . 74 3 . Charge for unmetered residential water accounts or new accounts $15 . G0 515 . 70 POLICE/FIRE Report Copies hereby set as follows : 1. Up to 10 pages $10 . 00 2 . 11 and over pages $ 2 . 00/ea. 3 . Taped Statements (audio) $15 . 00 4 . Taped Statements (video) $35 . 00 5 . State Accident Reports $ 5 . 00 6 . Drivers License Printout $ 5 . 00 7 . Computer Researched Reports $35 . 00 1st hour (does not include duplication costs) $20 . 00 for every hour thereafter 8 . Police Reports from City Attorney $10 . 00 9 . Permit to carry handgun in public-background check $10 . 00 Towing and Impounding of Vehicles hereby set as follows : Towing and impounding is done by a private contractor having appropriate impounding facilities . Fees are set by contractor. 11 Dog Licenses . Impounding Fees, etc. (Authorized by City Code 10 .21) 1. Dog Licenses (good for the life of the dog) $10 . 00 2 . Duplicate license $ 2 . 00 3 . First impoundment $20 . 00 4 . Second impoundment $50 . 00 5 . Third and successive impoundment within a 12-month period $100 . 00 6 . Amount charged per day when confined to the Pound $10 . 00 7 . In the case of an unlicensed dog or a dog for whom proof of a current rabies vaccination cannot be shown, there shall be an additional penalty of $10 . 00 . (Owner is responsible to furnish proof of license and/or rabies vaccination) . 8 . Large animal impoundment $35 . 00 9 . Large animal board per day $15 . 00 Large animals are defined as animals other than household pets ie; horses, cows, sheep. PUBLIC WORKS Equipment Rental hereby set as follows : (Minimum Rental Time 1 Hour. All drivable equipment rates include operator) Caterpiller Grader (private) $92 . 50/hour (State snow removal) $79 . 00/hour Front end loader (Fiat-Allis) private $95 . 00/hour (State snow removal 2-1/2 yd. w/o blower) $79 . 00/hour Front end loader (Case) private $95 . 00/hour (State snow removal 2-1/2 yd. w/e blower) $82 . 50/hour Elgin street sweeper $86 . 00/hour Elgin sweeper (State contract-twice/yr) $62 . 00/hour Roscue Side Broom $47 . 00/hour 12 2-1/2 ton dump truck (single) $58 . 00/hour 2-1/2 ton dump truck w/plow $75 . 00/hour 5 ton dump truck (tandem) $75 . 00/hour 3/4 ton pickups (w/plow add 10 . 00) $47 . 00/hour 5 ton tandem truck 2 w/plow $81 . 00/hour Water tanker/flusher $52 . 00/hour Trash compactor $40 . 50/hour Mower tractor (turf type) Contract Rates Weed Mowing (rough) Contract Rates Asphalt roller (1-1/2 ton) $24 . 00/hour Pull paver $30 . 00/hour Steamer (w/tender) $75 . 00/hour Bobcat $58 . 00/hour Raygo alley grader $41 . 50/hour Wood Chipper $47 . 00/hour Post hole digger (tractor mounted) $47 . 00/hour (w/o tractor) $24 . 00/hour Power auger (hand held) $19 . 00/hour Sign replacement/installation $110 . 00/sign (w/o post less $10 . 00) Street sign installation in new subdivisions (per each sign pole) $270 . 00 Sewer rodder $ 53 . 00/hour Video sewers (w/cassette add $20 . 00/each) $106 . 00/hour Sewer jet cleaning $106 . 00/hour 13 Vacuum Inductor $ 79. 00/hour Barricades w/flashers $10 . 00/barricade/day Barricades w/o flashers $8 . 00/barricade/day Cones $2 . 00/cone/day Butuminous Street Repair $2 . 50/sq. ft . Asphalt or Cold Mix $35 . 00/ton Refuse/Recycling Collection Rates (Authorized by City Code 3 . 02) 1 . Urban Residence ;4 .2_-gallon $13 . 05- S13 . 82 6 4 64 gallon $13 . 91 $14 . 70 Extra Service Coupon $ 2 . 50 Extra GO .. gallon container $13 . GG $15 . 57 Yard Waste Coupons $ . 75 2 . Rural Residence 30 gallon $16 . 03 60 gallon $18 . 72 90 gallon $20 . 33 Extra Service Coupon $ 2 . 50 Yard Waste Coupons S . 75 * All rates include City billing, admin. and sales tax. 3 . Refuse/Recycling Collection License $105 . 00 yr PLANNING - hereby set as follows: I . INFORMATION/DOCUMENT FEES A. Long Range Planning Documents 1 . Comprehensive Plan $100 . 00 2 . 1995-1999 Capital Improvement Program $20 . 00 14 B. City Codes 1 . Chapter 11 Zoning Ordinance $25 . 00 2 . Chapter 12 Subdivision Regulations $10 . 00 3 . City Code $50 . 00 5100 . 00 C. Agenda/Minutes (Annual) 1. City Council Agenda $15 . 00 2 . Planning Commission Agenda $15 . 00 3 . City Council Minutes $35 . 00 4 . Planning Commission Minutes $35 . 00 D. Maps 1 . City Map (small) $ 1 . 00 2 . City Map (large) $ 3 . 00 3 . Zoning (22"x34" ) $ 3 . 00 4 . Any Printed Maps (blueprint) 50/sq. ft . E. Services 1. Zoning Verification Letter $25 . 00 F. Recording Fees 1 . Document recording fees with County $1 . 00/page $15 . 00/min + $ 4 . 50 Surcharge G. Sign Permit Fees (Authorized by City Code 4 . 30) Permanent $30 + $ . 50/sq. ft Temporary $25 . 00 II . LAND DIVISION ADMINISTRATION FEES A. Major Subdivisions 1 . Preliminary Plat $330 + $6/lot or $200 + $4/acre, whichever is greater 2 . Preliminary & Final Plat Concurrently Preliminary fee plus final fee 15 3 . Final Plat $150 . 00 4 . Title Review Fee $100 . 00 B. Minor Subdivisions 1. Lot Division/Lot Reassembly $100 . 00 2 . Registered Land Surveys $100 . 00 C. Vacations 1. Vacations of Public Easements $100 . 00 2 . Vacations of Rights-of-Way $200 . 00 D. Park Dedication Fees (Authorized by City Code Sec. 12) Cash in lieu of land dedication fees - Residential Single-family/Duplex Units 5900 . 00 per unit Multi-family/Apartment Units S750 . 00 per unit Commercial/Industrial Property 54 . 500 . 00 per acre E. Wetlands 1 . Certificate of Exemption review process . $ 75 . 00 III . LAND USE ADMINISTRATION FEES A. • •plication for Appeal of City Administration Decision 1 . Appeal to Board of Adjustment and Appeals $100 . 00 2 . Appeal to City Council $100 . 00 B. application for Variances 1 . Single Family Residential $ 85 . 00 2 . All others $150 . 00 3 . Appeal to City Council $ 85 . 00 C. Application for Conditional Use Permit 1. Home Occupations $100 . 00 2 . Home Occupation Renewals and Amendments $100 . 00 3 . CUP for Over-Height Fence 5100 . 00 4 . All Other Conditional Use Permits $200 . 00 5 . All Other Renewals and Amendments $200 . 00 6 . Appeal to City Council $100 . 00 16 7 . Mineral Extraction & Land Rehabilitation Permit $200 . 00 + $2, 500 cash deposit * +all administrative costs ** + all consultant fees *** D. Application for Planned Unit Development 1. Planned Unit Development $700 . 00 +$35 . 00/acre + $1, 000 cash deposit * +all administrative costs ** + all consultant fees *** 2 . Amendment to Planned Unit Development $300 . 00 + $1, 000 cash deposit * +all administrative costs ** + all consultant fees *** C. Application for Environmental Review 1. Discretionary Environmental Assessment Worksheet No fee 2 . Required Environmental Assessment Worksheet $1, 000 . 00 3 . Required Environmenta1Jmpact Statement $4 , 000 . 00 D. Zoning Ordinance Amendments 1. Map Amendments Less than 2 . 5 acres $250 . 00 Greater than 2 . 5 acres $500 . 00 2 . Text Amendments $500 . 00 E. Additional Notices - Applies to all types of applications 1 . Rezoning Applications : Per Published Notice, in excess one published notices for each of two hearings $ 25 . 00 Per Mailed Notice, in excess of 100 notices for each of two hearings $ 1 .50 2 . All Other Applications Per Published Notice, in excess one published notice for one hearing $ 25 . 00 Per Mailed Notice, in excess of 100 notices for one hearing $ 1 . 50 17 NOTES FOR THE PLANNING DEPARTMENT FEE SCHEDULE * Cash Deposits - Actions requiring cash deposits must be paid at the time of the application submittal . Cash deposits are held by the City to ensure adequate payment . A bill for the appropriate costs will be sent to the applicant and if not paid will be obtained from the cash deposit . The City Administrator has the right to amend the cash deposit requirements . Deposits will be place in escrow. ** Administrative Costs - Actions requiring payment for administrative costs may be billed to the applicant . Administrative costs may include but are not limited to the following: staff time, publishing costs, copying, printing and mailing. Department Fees Planning Director $55 . 00/Hour Planner I $35 . 00/Hour Planning Secretary $25 . 00/Hour Planning Technician $30 . 00/Hour *** Consultant Fees - Consultants may be required by the City to review development proposals including but not limited to traffic and water management issues . Consultant fees will be based upon a prior written proposal and agreement . Fees will be placed in escrow. ENGINEERING - hereby set as follows: Engineering Fees Department fees for Improvement Projects A. Private Developments The estimated construction costs for projects shall include, but are not limited to the following:utility construction including sanitary sewer, storm sewer and watermain; street construction including site grading and erosion control, sidewalks, boulevard trees and other appurtenances . 18 thc projcct using thc following breakdown: Administrative fcc 1°6 Plan Review fcc 2°6 Inspcction fcc 4 1/2% Total 7 1/2% The Development Fees include a lump sum of 5 1/2% of the estimated construction costs for site grading and erosion control and a lump sum of 8 1/2% for the remaining improvements listed above for the project using the following breakdown: REMAINING PUBLIC GRADING & EROSION FES IMPROVEMENT FES plan Review & Administrave Fee-1 . 5% Administrative Fee - 1 . 5% Inspection Fee -4 . 0% Plan Review Fee - 2 . 5% TOTAL -5 . 5% Inspection Fee - 4 . 5% TOTAL - 8 . 5% Any direct costs incurred, such as material testing, are not included and will be billed back directly to the developer. SPUC inspection services are not included in this fee. B. City Projects The actual hourly rates of the employees will be used plus a multiplier of 2--95 for benefits, overhead, etc. A 1% project administration fee will be charged to all projects . Other costs incurred will be added in using the actual costs (i .e. consultants fees, testing laboratories, etc. ) C. Miscellaneous Engineering Work same as the City projects . D. City of Shakopee' s Standard Specifications $25 . 00 35 . 00/per copy Grading Permits - Grading permit fees shall equal 7 . 5% 5 . 5% of the estimated cost to perform the grading and erosion control work. 19 Wetland Conservation Act Administration i. Certificate of Exemption $75 . 00 2 . Replacement Plan $75 . 00 plus hourly Storm Water Drainage Utility City-wide Fee $20 . 00 820 . 80 per REF* acre/Qtr. *Residential equivalent factor Administrative Fee for Delinquent Accounts Certification $10 . 00 Flood Plain Verification $10 . 00 Trunk Storm Water Charges Charge of $ . 07a per developable square foot . The term "net developable acre" means the total acreage of a development within the city limits minus portion of the development used for public right- of-way, lakes, wetland areas, storm water ponds and parks . Trunk Storm Water Storage and Treatment Charges : For any development that utilizes regional ponding systems, the storm water storage and treatment charge is as follows : $ . 041 per sq. foot for a development having 3 or less lots per acre; $ . 07a per sq. foot for a development haivng more than 3 lots per acre; $ .13a per sq. foot for a commercial, industrial, or institutional dev. Trunk Sanitary Sewer Charge 1996 Trunk Sanitary Sewer Charge - $1, 319 .74 per development acre. 1997 Trunk Sanitary Sewer Charge - $1, 360 per development acre. 1998 Trunk Sanitary Sewer Charge - $1. 414 . 00 per development acre . 20 permit to Work in Public Right-of-Way fees set as follows : Permit to work in public right-of-way - first inspection $35 . 00 other multiple inspections - hourly rates When work in public right-of-way requires the submittal of plans and specifications, review of the plans shall be charged in accordance with the hourly fees approved for the Engineering Dept . Lot Corner Field Search (w/metal detector only) $25 . 00 (non-refundable, no guarantees) This is not a legal survey or any verification that lot corners found are in the correct location, but simply an attempt to locate any existing lot corners that are in the ground. Topographic Maps Hard Copy Map & Electronic File $12 . 00/Acre Plus $40 . 00/Hour Rate for Computer File Processing Computer/Plotter Generated Maps $60 . 00/Hour with a Minimum 15 Minute Charge Street Index Maps S5 . 00 per Map PARKS AND RECREATION - hereby set as follows: METHODOLOGY FOR SETTING FEES The Parks and Recreation Department uses a variety of methods and strategies for determining fees. For instance, participants of seasonal sports programs are charged a Recreation Activity Fee. Each participant is assessed a flat fee which is paid directly to the City to cover administrative costs. The Merit Services approach classifies activities into three categories: Low (fees covers only 50% of direct costs), Medium (breakeven or 100% of direct costs) and Partial Overhead Pricing (recovers all direct costs and a portion of administrative costs:110-150% of indiredt costs). In some cases, staff uses the Market Place approach (what others are charging). RECREATION ACTIVITY FEE The Recreation Activity Fee is intended to recover a portion of the administrative cost associated with providing recreation services. The fee is assessed mainly to seasonal activities such as youth and adult sports programs. The current fee for a seasonal youth sports program is $15 and $22 for adult sports programs. 21 Youth Activities Football, Basketball, Ski Club, Baseball, Softball, Wrestling, Baseball and Softball. Adult Activities Adult teams have the option to pay the "Base Rate" (i.e $330 softball) or the individual activity fee which is $22 per player. The non-resident fee is also assessed to those teams with players from other comunities. Team Base Rate Adult Softball $330 Adult Basketball $180 Adult Volleyball $180 Church League Softball.. $ 20 Adult Baseball $300 Legion Baseball $300 Over 35 Baseball $300 NON-RESIDENT FEE The non-resident fee: Youth $11, Adult $21. The non-resident fee for Jackson Township residents is $21 for those 16 years of age or older. The township subsidizes the non-resident fee for partcipants 15 and under. The non-resident fee Louisville Township residents is $11 for youth and adults. The township subsidizes $10 (per activity) of the non-resident fee for its residents. Prior Lake residents who live in the Shakopee School District are charged a $5 non-resident fee. MERIT FEES Another method for determining fees is using the Merit Services approach. This involves the classification of activities into three categories: Low Fee, Medium Fee and Partial Overhead Pricing. Low Fee-A fee is set to recover 50% of the direct costs of an activity. i.e. playground, special events, open skating arts & crafts. Medium Fee-the objective is to recover 100% of the direct costs of an activity. The idea is to recover the costs of instructors and supplies. i.e. swimming lessons. Partial Overhead Pricing- is a method most commonly used in our programs. This is a method which establishes a price which covers all direct costs and a portion of the administrative costs or fixed costs. i.e. aerobic exercise classes, gymnastics, t-ball, KIDS, trips and tours etc. Low Fee Medium Fee Partial Overhead Pricina Playground events($1) Cheerleading($15-19) Golf LessonsAduitrrouth($28/20) Special Events($2-3) Volleyballl($20) Day Camp($35) Shakopee Showcase Jr. Team Tennis($27) T-Ball/Nearball($25) Track& Field Meets($1) Dog/Puppy Obedience($35) KIDS/Tot-Time\(\$20/13) Teen Broomball($2) Trips(admission+transportation) Archery($21) 100/500 Mile Club($10) Gymnastics($4.50per hour) Tennis Lessons Adultnrouth($25) Fall Softball($250) Co-Rec Volleyball($60) Aerobics($2) Youth Camps($5) 3 on 3 Basketball League($25) 22 bk PICNIC FACILITIES Shelter Rental: Residents $25 Shelter Rental: Resident Businesses $50 Shelter Rental: Non-residents $45 Shelter Rental: Non-resident Businesses $75 KITS Volleyball $5 Horeshoes $5 MUNICIPAL SWIMMING POOL FEES Gate Fees (includes pool and waterslide for the day) Adults & Children (2 and over) $3.00 Seniors (60+) & Children under 2 FREE Season Tickets Family Pass: Resident./Jackson Township $50.00 $60.00 Family Pass: Township (Dist. 720) $6-1-4G$71.00 Family Pass: Non resident x-00$82.00 Individual Pass: Resident/Jackson Township $3340$37.00 Individual Pass: Township (Dist. 720) $4440-$49.00 Individual Pass: Non resident $-5440$59.00 Swimming Lessons Swimming Lessons Resident/Jackson Township. $ 25.00 Swimming Lessons Township (Dist. 720) $ 36.00 Swimming Lessons Non resident $46.00 SHAKOPEE COMMUNITY CENTER Memberships: Membership does not include admission to paid events or recreation sponsored programs. This includes aerobics, skating lessons, gymnastics, High School games, or any Tournaments. Membership Card: Adult 19 & over $ 70 Youth 6-18 or Seniors 60+ $ 50 Family $110 Punch Card: (20 admissions) Adult 19 & over $ 35 Youth 6-18 or Seniors 60+ $ 17 Daily Admission Effective Sept. 1. 1997 Adult 19 & Over $ 2 $3.00 Youth 6-18 or Seniors 60+ $ 1 $2.00 Children 5 and under FREE WALKING TRACK FREE (users must be 14 or accompanied by an adult ) COMMUNITY CENTER RENTAL FEES SCHEDULE Meeting rooms(graduating scale)$25 first hour,$20 for hours 2-5 and$10 for hours 5-10 Gymnastics/Aerobics Studio(graduating scale))$25 first hour,$20 for hours 2-5 and$10 for hours 5-10 Multi-Meeting Room(graduating scale)$25 first hour,$20 for hours 2-5 and$10 for hours 5-10 2 2. b Gymnasium(graduating scale)$25 first hour,$20 for hours 2-5 and$10 for hours 5-10 onamommime Ice Arena $55-$120 per hour Photo copying $.20 per page EQUIPMENT RENTALS(Daily Rates) VCR/Monitor $5 Coffee Maker $5 Wrestling Mats $50 Golf Cage $3.75 per 15 minutes. Locker rental $35 per year OUTDOOR ATHLETIC FIELD RENTAL FEE SCHEDULE These rates are applied to events held on City property and school property maintained by the City. Ball field(one day): $20 per field Ball field(two days): $30 per field Ball field(three days): $40 per field Concession stand: $50 per day,plus a$50 cleaning/damage deposit Ball fields w/lights: $25 per night,per field OTHER - hereby set as follows : 1 . Application fee for variance from or amendment to the cable franchise ordinance 25 . 00 PLUS Costs of consultants hired to assist the City in considering variance applications will be billed to applicant based on actual cost to the City. Notification will be sent to applicant that consultants will be utilized when that determina- tion has been made. 23 Pi. E. /U. TO: JUDY COX, CITY CLERK FROM: BRUCE LONEY, PUBLIC WORKS DIRECTOR 0, SUBJECT: 1998 FEE SCHEDULE DATE: NOVEMBER 20, 1997 The Engineering and Public Works fees for the year 1998 should be adjusted as per the following paragraphs: ENGINEERING FEES NOTE: If no change is mentioned, the fee will be the same as in the 1997 fee schedule. Department fees for Improvement Projects A. Private developments: NOTE: Developers have issued a concern on a 7 1/2%fee on the site grading as compared to other cities. The 7 1/2%fee charged on the estimated costs of developments is revenue for the city in order to process a private development. The fee is listed under Engineering but is revenue to offset costs incurred by the city's engineering, community development, administration, city clerk and legal departments in processing and facilitating private developments. If Council desires to reduce the percentage charged to site grading, then staff would recommend an adjustment in the fee percentage charged to the other construction costs listed to maintain the revenue amounts as in past years. In review of the fee for site grading and erosion control on private developments, staff prepared an estimate of staff time in reviewing and inspecting the site grading and erosion control work on a typical residential development including the grading plan review and inspection of the lots within the development. From this analysis, the staff time involved in the site grading and erosion control work is estimated to range from 5.5%to 7.5% depending upon the level of plan review and inspection needed to insure the development is completed to City standards. It should be pointed out that in August of 1995, the grading permit fee was changed to 7.5% of the grading and erosion control costs to match the fee being charged to private development site grading and erosion control work. This change was made to avoid confusion of different fees for grading work prior to a developer's agreement being prepared for new developments and to keep the grading fee costs consistent. In processing a grading permit, this function usually involves only the engineering department for plan review, administration and inspection. From the engineering staff analysis done, for grading permits the estimated plan review/administration and inspection time on a percentage basis would be as follows: DESCRIPTION OF WORK PERCENTAGE OF GRADING COST Plan Review& Administration 1.5% Inspections 4.0% TOTAL 5.5% In recent years, the grading, drainage and erosion control plans have had the most concern from State Agencies in meeting storm water quality standards and thus require more attention from City staff in meeting these concerns. Also grading, drainage and erosion problems are by far the main problems staff has encountered with new property owners who buy and occupy the lots that platting and development creates. As mentioned previously in this memo, the cost of processing developments from platting to final construction and acceptance by the city involves the engineering, community development, city clerk, administration, finance and legal departments. There are some minor fees being charged for platting of property, however, this fee does not even come close in covering the costs of all staff time spent in processing the plat to recording and development. Staff has prepared an attached analysis based on previous plats and comparing the costs using a 7.5%fee on the estimated construction costs for improvements as in the 1997 fee schedule, using a 5.0% or 5.5%fee on site grading and erosion control costs and a 8.0% or 8.5% fee on the other improvements. From the first analysis staff has concluded that the 5.5%fee being charged for site grading and erosion control work and grading permit would be appropriate percentage to recoup costs with this activity. Also a fee percentage of 8.5% on the remaining improvements is needed to maintain the same revenue as in 1997. Based on the analysis done by staff,the following changes to the fee schedule are recommended for the fee for private developments: A. Private Developments The estimated construction costs for projects shall include, but are not limited to the following: Utility construction including sanitary sewer, storm sewer and watermain; street construction including site grading and erosion control, sidewalks, boulevard trees and other appurtenances. The Development Fees include a lump sum of 5 1/2% of the estimated construction costs for site grading and erosion control and a lump sum of 8 1/2% for the remaining improvements listed above for the project using the following breakdown: GRADING&EROSION FEE REMAINING PUBLIC IMPROVEMENT FEE Plan Review& Administrative fee- 1.5% Administrative fee- 1.5% Inspection fee - 4.0% Plan Review fee - 2.5% TOTAL - 5.5% Inspection fee -4.5% TOTAL - 8.5% Any direct costs incurred, such as material testing, are not included and will be billed back directly to the developer. Shakopee Public Utility Commission(SPUC) inspection services are not included in this fee structure. B. City Projects- Change the 2.9 multiplier to 2.5 to reflect the current multipliers being charged by engineering consultants and to reflect more accurately the City's cost in overhead. Our current consultant, WSB & Associates is at a 2.75 multiplier. C. Miscellaneous Engineering Work-No Change D. City of Shakopee's Standard Specifications- $35.00 Grading Permits - The grading permit fees shall equal 5.5% of the estimated construction cost to perform the site grading and erosion control work. Wetland Conservation Act Administration -No Change. Storm Water Drainage Utility - Increase the fee 4% as per Council discussion at the November 17, 1997 Council Work Session. City-wide Fee $20.80 per REF * acre/Qtr. Trunk Storm Water Charges These charges are new and were adopted by Council on September 17, 1996. As per Council discussion and consensus at the November 17, 1997 Council Work Session, the fees are to be adjusted for a 4% increase in construction cost increases and as follows: Trunk Storm Water Charge: $.073 per developable square foot. The term"net developable acre" means the total acreage of a development within the City limits minus the portion of the development used for public right-of-way, lakes, wetland areas, storm water ponds, and parks. Trunk Storm Water Storage and Treatment Charges: For any development that utilizes regional ponding systems, the storm water storage and treatment charge is as follows: $.041 per square foot for a development having three or less lots per acre; $.073 per square foot for a development having more than three lots per acre; and $.135 per square foot for a commercial, industrial, or institutional development. NOTE: Council added a clause to the resolution is review the charges annually for adjustment. Staff is recommending to increase the fees based on a 4% increase in construction costs for a 15 month period. Permit to Work in Public Right-of-Way fees -No Change Permit to work in public right-of-way-first inspection $35.00 other multiple inspections - hourly rates PUBLIC WORKS Equipment Rental - These rates were increased in 1997 and staff recommends no change for 1998. Sign replacement/installation-No change Street sign installation in new subdivisions (per each sign pole) -No change. Add Traffic Control Signs in new subdivisions- $110 per sign TRUNK SANITARY SEWER CHARGE 1997 Trunk Sanitary Sewer charge- $1,360.00 per development acre. 1998 Trunk Sanitary Sewer charge- $1,414.00 per development acre. NOTE: This increase is based upon a 4%increase in construction costs as per ENR cost price index for this area. If you have any questions on this memo, please feel free to contact me in my office. �� l n e N p S N 8N N �p�oN r 1.- N§ SNN 8Sf0N 8 e om ir,• h h h H N {{pp MM MM pp {{yy • 28P.""§"3^ as o n N dN H m J N ��»vle7sw 69 aa° i. O - W to H N N H N co p H C t0 M v n gv,vH 6119 p�H y '148.8 A(h8N 2 It a 4, 4, g N j4 a P W OD S O a0 M n N a0 1 N lh LL ( c 0.20. .1 6 6 0 pp NOS 2 a N N S a8� � 1 8 N O w f 9 w w Nom d N Os «, 0) 885�888888 a)• tvV B rM�,2i,4 8 2 2. u. PIES 1 O)1 N 49 (9 ga a0 W NN cof9 g LI. f0 S W §01) M w) N e ukgrN---c� 1AN N • zi. 22828`g ▪ K2v20R8$ i9 w. MI g < ;1 ; c�4'4 m n 7G fo to co a s z8 a°• � 88888888 " is " s 18 §§�{§g�►MiM Ei E0 » p` T2OiNhN°)�NN ww $ S » 69 Ei a " V c r co 4 not :C V Fag N:c "• a v �Il C 8 g v 17 N: o r,, a - N °- / g 13 . 1. a. Eag $'$V1 ts E.m aa �'_ 5 t mi if rv4. 2t1i§ E gg c O LLwaccom6 CITY OF SHAKOPEE JY.. E. 1 / Memorandum MEMO TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk RE: Boards and Commissions Expiring Terms DATE: November 26, 1997 INTRODUCTION: According to City Council policy, it is appropriate that Council consider at this time the reappointment of individuals whose terms on boards and commissions are expiring. BACKGROUND: According to the policy, ninety days prior to the expiration of terms each year, the Council shall be advised of the upcoming 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 shall also announce the upcoming vacancies and that applications will be accepted from all interested citizens of Shakopee. Application Deadline: Since adoption of the current policy, there has been confusion on the exact date that applications will no longer be considered. Sometimes there have been insufficient applications received and Council has made nominations as late as the same evening of appointment . In 1990, Council set the final date to receive applications as the date that nominations are made. Unless Council directs otherwise, applications will be accepted until the first meeting in February. The advertisement will encourage applications to be submitted by January 28th so that Council can receive copies with their agenda packet for the February 3rd meeting. (If insufficient applications are received, applications will continue to be accepted until qualified individuals are appointed. ) Boards and Commissions Page -2- Eligible Appointees: Attached is a list of the individuals whose terms are expiring and who are eligible for reappointment. (Those individuals who have not served more than three terms will be invited to apply for re-appointment, per the guidelines for appointments. ) - TO BE PLACED ON CITY COUNCIL TABLE TUESDAY! summary: Staff will follow up on advertising, posting, and mailing notices on accepting applications for filling the expiring terms on city boards and commissions. A letter will be sent to each member whose term is expiring February 28, 1997 inviting them to consider reappointment, unless Council advises otherwise, (excluding those individuals who have served three terms, per the guidelines for appointments. ) RECOMMENDED ACTION: 1 . Announce the upcoming vacancies and that applications will be accepted from all interested citizens of Shakopee. 2 . Would Councilmembers provide staff with the names of individuals they wish to be invited to apply for an opening, please? We would be happy to send a letter to anyone whom a Councilmember feels may be a good candidate. Or, in the alternative, talk to them and encourage them to think about the openings and call city hall for an application. d Judi. S. Cox, City Clerk BD&COMM. 97 CITY OF SHAKOPEE BOARDS AND COMMISSIONS TERMS EXPIRING FEBRUARY 28, 1998 PLANNING COMMISSION: Terry Joos Ed Meilleur PARK&RECREATION ADVISORY BOARD: Sean Laughlin Steve Johnson BOARD OF REVIEW: Tim Smith BUILDING CODE BOARD OF ADJUSTMENTS AND APPEALS; HOUSING ADVISORY &APPEALS BOARD: Randy Laurent Jim Link SHAKOPEE PUBLIC UTILITIES COMMISSION: Andrew Unseth POLICE CIVIL SERVICE COMMISSION: Marcia Spagnolo CABLE COMMUNICATIONS ADVISORY COMMISSION: Ken Scannell Plus unexpired term ending 1999 Plus current vacancy with term ending in 1998 SHAKOPEE COMMUNITY ACCESS CORPORATION BOARD OF DIRECTORS: Ken Scannell Plus unexpired term ending 1999 Plus current vacancy with term ending in 1998