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03/19/1996
MEMO TO: Honorable Mayor and City Council FROM: Barry A. Stock, Acting City Administrator RE: Non Agenda Informational Items DATE: March 15, 1996 1. Attached are the minutes of the Planning Commission from March 7, 1996. 2. Attached is a memo from Nicole Bennett regarding the Livable Communities Grant Program Assistance for Blocks 3 & 4. 3. Attached is a memo from Bruce Loney, Public Works Director, regarding the status of the County Roads 15, 79, and 17 speed limit study. 4. Attached is the revenue, expenditure, and investment report for the month of February. 5. Attached are the minutes of the Work Session of the E.D.A. from January 23, 1996. 6. Attached are the minutes of the E.D.A. meeting from March 12, 1996. 7. Attached is a letter from Brad Larson, County Highway Engineer, to Bruce Loney, City Public Works Director, politely declining the City's request for Scott County to submit a proposal for providing professional engineering services. 8. Attached is a copy of the 1995 Building Department Annual Report. 9. Attached is a copy of the Community Center Daily Admission Report. At this point revenues are exceeding budgeted projections and expenditures are below budgeted projections. OFFICIAL PROCEEDINGS OF 1'H1;SHAKOPEE PLANNING COMMISSION Regular Session Shakopee,Minnesota March 7, 1996 MEMBERS PRESENT: Mars,Joos,Madigan,Link,Meilleur,Romansky MEMBERS ABSENT: Brekke STAFF PRESENT: Paul Bilotta, Community Development Director Julie Baumann,Planner I Nicole Bennett,Planner I Dave Nummer, Staff Engineer Clare Link,Recording Secretary 1. ROLL CALL Chairman Joos called the meeting to order at 7:50 p.m. Roll call was taken as noted above. 2. APPROVAL OF AGENDA The Agenda was approved as submitted. 3. RECOGNITION OF INTERESTED CI HZENS Chairman Joos recognized anyone in the audience wishing to speak on an item not on the agenda. There was no response. 4. APPROVAL OF CONSENT AGENDA Items on the Consent Agenda include: Item#5: Approval of the February 8, 1996 Meeting Minutes Item#9: Final Plat: To consider the final plat of Market Place 2nd, located at 5th Avenue and Market Street(tabled at February 8, 1996 meeting)-request to table until issues are resolved. Item#10: Final Plat: To consider the final plat of Horizon Heights 5th Addition, located south of Riverview Estates, east of Horizon Heights 1st Addition, north and west of Shakopee City limits (Tabled at February 8, 1996 meeting) - request to table until issues are resolved. Item#11: Final Plat: To consider the final plat of Westridge Lake Estates 2nd Addition, located north of County Road 14 and south of Lake ODowd. Item#12: Vacation - To consider the vacation of the right-of-way along the west half of Cass Street between 3rd Avenue and 4th Avenue, and the alley in Block 40, Original Shakopee Plat. Motion: Commissioners Mars/Madigan moved to approve the Consent Agenda as presented. City of Shakopee 2 Planning Commission March 7, 1996 Vote: Motion carried unanimously. 5. *APPROVAL OF FEBRUARY 8, 1996 MEETING MINUTES This item was approved as part of the consent agenda. 6. PUBLIC HEARING: TO CONSIDER THE PRELIMINARY PLAT OF PINE WOODS ADDITION, LOCATED ON THE SOUTH SIDE OF COUNTY ROAD 16 EAST OF ROUNDHOUSE CIRCLE,ACROSS FROM SHAKOPEE TOWING. Ms. Baumann stated James and Mary Monnens have submitted an application for Preliminary Plat approval of Pine Woods Addition. The proposed plat is located south of County Road 16 and east of Roundhouse Circle, and proposes 4 single family residential lots. The applicants have requested the public hearing be continued to allow additional time for revisions of submittal information. The applicants are also requesting direction from the Planning Commission regarding the concurrent review of a preliminary and final plat at the April Planning Commission meeting. Commissioner Mars asked what kind of changes are being proposed and their significance. Ms. Baumann replied that the applicants need to provide staff with additional information, such as a stormwater management plan and grading and erosion control plan for review. Commissioner Joos stated he is very leery when it comes to reviewing a preliminary and final plat together. He prefers to see each item separately. Commissioner Mars and Commissioner Link agreed. Ev Hene. 1873 Shakopee Avenue noted the bluff area is very steep behind this development and is heavily wooded. He asked if the trees would remain. If so, the adjacent property owners would like to see something in writing. If not, he asked what would be done to prevent erosion. Mr. Nummer replied staff will be provided with a drainage plan which would identify tree removal, if any. He noted staff will pay special attention to this area. He added the intent of the property owner is to transfer ownership of Outlots A, B and C to adjacent property owners. Steve Sinell. 1837 E. Shakopee Avenue was also concerned about the trees along the bluff line. He was unsure how this new development would fit in with an earlier drainage project in the area. Commissioner Joos stated it will be determined when all the plans have been submitted to staff. City of Shakopee 3 Planning Commission March 7, 1996 Mr. Sinell asked if there will be twinhomes or single family dwellings in the development. Mr. Bilotta replied single family homes are proposed. Mr. Sinell asked what would happen to the existing out-buildings. Ms. Baumann replied the existing out-buildings will be moved, and those not needed will be removed from the site. Motion: Commissioners Mars/Romansky moved to continue the public hearing. Vote: Motion carried unanimously. 7. PUBLIC HEARING: TO CONSIDER AN APPLICATION FOR A PLANNED UNIT DEVELOPMENT (PUD) FOR PINEWOOD ESTATES. THIS PUD PROPOSES A BLEND OF SINGLE FAMILY DWELLINGS. TWINHOMES AND FOUR (4) UNIT TOWNHOMES AND IS LOCATED ADJACENT AND SOUTH OF 4TH AVENUE AND ADJACENT AND WEST OF SHENANDOAH DRIVE. Ms.Baumann stated Dale Dahlke of Barrington Corporation has submitted an application for a Planned Unit Development. The subject site is located south of 4th Avenue and west of Shenandoah Drive, and is currently zoned Urban Residential (R-1B). Single family, townhomes and twinhomes are proposed. The PUD includes areas for open space and stormwater ponding areas. Commissioner Mars asked what the quality of the open space is like. Ms. Baumann replied the open area includes existing trees and an excavated gravel pit area. Commissioner Mars replied the plat looks more cluttered than the earlier submittal and asked if any changes have been made. Ms. Baumann replied it is essentially the same plan that was reviewed by the Planning Commission as a concept review at its June 1995 meeting. Commissioner Mars asked if any trail accesses are involved in this PUD. Mr. Bilotta replied no trails are proposed in this area. Commissioner Joss asked for clarification of the uses on the proposed 32 feet x 100 feet lots. Ms.Baumann replied that 4-plex townhomes are proposed on those lots. Commissioner Mars asked what percentage of open space will be provided in the PUD. Ms. Baumann replied the PUD is required to have 20% open space, but that this proposed development provides 35%which will decrease when ponding is subtracted. Commissioner Romansky asked if any variances are being requested. Ms. Baumann replied two variances for lot width and side yard setbacks for the townhomes will be needed. City of Shakopee 4 Planning Commission March 7, 1996 Dale Dahlke, applicant discussed Outlots C and E. He would like these areas to be utility and access easements. He discussed the requirement for condominium lot platting, which he believed would be difficult. He noted the ponding area locations and stated that drainage will not be a problem because of the soil composition. Commissioner Mars asked if the open space would be graded, seeded or left naturally. Mr. Dahlke replied it will be up to the homeowners association to determine what they want done with this area. The rougher areas will be graded and seeded. Commissioner Romansky asked if the homes along Shenandoah Drive would have basements. Mr.Dahlke replied they could all have basements. Chuck Fuller, Shakopee Ballroom discussed his concerns about tree removal and the change to the character of the area. He stated he felt the residents could be concerned about traffic and noise in the area due to his business and the race track. He did not think there would be enough trees left between the subject site and the ballroom. He suggested that a berm be constructed between the two sites. He was also concerned about homes being built next to a major recreational area. Mr. Bilotta stated the issue of noise was resolved when this area was zoned. With regard to traffic concerns on Shenandoah Drive, the reconstruction of this road is anticipated in 1996. The south portion of this subdivision connects to the Prairie Bend development, and the PUD has been designed in an attempt to minimize cut through traffic. He also discussed the problem with berming this area because additional trees would have to be removed to accommodate the berm. Mr. Dahlke stated he did not believe noise would be a concern. He stated he does plan to construct a fence between this development and the Shakopee Ballroom site. He was willing to work with the adjacent property owners. He asked if a decorative monument sign would be allowed in the right-of-way. Mr. Nummer stated monument signs are not allowed in the right-of-way but are permitted on private property. Motion: Commissioners Mars/Link moved to close the public hearing. Vote: Motion carried unanimously. Motion: Commissioners Link/Madigan moved to offer a motion to recommend to the City Council the approval of Pinewood Estates Planned Unit Development, and move its approval, subject to the following conditions: City of Shakopee 5 Planning Commission March 7, 1996 1. A 28 foot variance to the minimum lot width for Lots 1 through 4, Blocks 10 through 13 and Blocks 15 through 20 (allowing a minimum lot width of 32 feet)is granted. 2. A 10 foot variance to the side yard setback for the areas currently identified as Lots 1 through 4, Blocks 10 through 13 and Blocks 15 through 20(allowing a setback of zero feet)is granted. 3. A revised Planned Unit Development drawing be submitted prior to approval by the City Council that eliminates any lines indicating the placement of proposed stratum. 4. The perpetual maintenance of all open space/outlot areas shall be provided for by a Homeowners Association, in a form approved by the City Attorney. 5. Lots without public street frontage shall be redrawn, so as to have sufficient street frontage to satisfy City Code requirements, prior to the approval of the Preliminary Plat for this area. 6. Building permits shall not be issued for areas currently identified as Lots 1 through 7, Block 14 and Lots 1 through 4, Blocks 16 through 20,until such time as Eastway Avenue has been constructed. 7. The Planned Unit Development shall provide a minimum of twenty (20)percent open space in addition to the ponding areas. 8. The following uses are allowed in the following areas per the Planned Unit Development Plan: a. Single family residential use is allowed on Lots 1 through 14, Block 1;Lots 1 through 8,Block 2;Lots 1 through 8,Block 3; and Lots 1 through 7,Block 14. b. Twinhome use is allowed on areas currently identified as Lots 1 and 2,Block 4;Lots 1 through 6, Block 5;Lots 1 and 2, Block 6;Lots 1 and 2,Block 7;Lots 1 through 6, Block 8; and Lots 1 and 2,Block 9. c. Townhome use is allowed on Lots 1 through 4, Blocks 15 2through 20. Vote: Motion carried unanimously. Mr. Bilotta noted the street names will be changed, and there will be driveways accessing the twinhome portion of the site. 8. CONCEPT REVIEW: TO CONSIDER AN APPLICATION FOR A PLANNED UNIT DEVELOPMENT (PUD) THAT PROPOSES SINGLE FAMILY DWELLINGS AND IS LOCATED NORTH OF VALLEY VIEW ROAD, SOUTH OF 17TH AVENUE AND EAST OF THE ST.FRANCIS REGIONAL MEDICAL CENTER City of Shakopee 6 Planning Commission March 7, 1996 Ms. Baumann stated Orrin Thompson Homes, Inc. has submitted an application for approval of a Planned Unit Development. It is staffs understanding that the applicant will be withdrawing the application for a PUD and will bring back a preliminary plat application at a future meeting. Lee Johnson.. Orrin Thompson Homes reviewed the request located on seventy acres east of St. Francis Regional Medical Center. He discussed why the PUD request will be withdrawn. He stated 175 lots are proposed. Commissioner Mars asked the applicant to discuss north/south roads on the site. Mr. Johnson replied a collector street between this site and the hospital is a north/south road. He discussed a concern about the need for a temporary road during the phase one construction which could be used until phase two begins construction. Mr.Nummer discussed access to the site. Commissioner Mars asked Mr. Nummer for an opinion on the ponding on the site. Mr. Nummer replied the ponding appears to be good. There are some off-site drainage concerns, but staff will work with the developer to resolve these issues. Commissioner Madigan asked what the timeframe would be to continue Sarazin Street to the south. Mr. Johnson replied it will be two years before Sarazin is extended to the south. 9. *FINAL PLAT: TO CONSIDER THE FINAL PLAT OF MARKET PLACE 2ND, LOCATED AT 5TH AVENUE AND MARKET STREET (TABLED AT FEBRUARY 8, 1996 MEETING) This item was tabled, until such time as the outstanding issues are resolved, as part of the Consent Agenda. 10. *FINAL PLAT: TO CONSIDER THE FINAL PLAT OF HORIZON HEIGHTS 5TH ADDITION, LOCATED SOUTH OF RIVERVIEW ESTATES, EAST OF HORIZON HEIGHTS 1ST ADDITION, NORTH AND WEST OF SHAKOPEE CITY LIMITS (TABLED AT FEBRUARY 8, 1996 MEETING) This item was tabled, until such time as the outstanding issues are resolved, as part of the Consent Agenda. 11. *FINAL PLAT: TO CONSIDER 'DIE FINAL PLAT OF WESTRIDGE LAKE ESTATES 2ND ADDITION, LOCATED NORTH OF COUNTY ROAD 14 AND SOUTH OF LAKE O'DOWD This item was approved as part of the Consent Agenda. 12. *VACATION: TO CONSIDER THE VACATION OF THE RIGHT-OF-WAY ALONG THE WEST HALF OF CASS STREET BETWEEN 3RD AVENUE AND 4TH AVENUE,AND THE ALLEY IN BLOCK 40, ORIGINAL SHAKOPEE PLAT City of Shakopee 7 Planning Commission March 7, 1996 This item was approved as part of the Consent Agenda. 13. OTHER BUSINESS A. Election of Officers 1) Planning Commission Motion: Commissioners Mars/Joos moved to nominate Gayl Madigan as Planning Commission Chair. Motion: Commissioners Joos/Meilleur moved to nominate Bill Mars as Planning Commission Chair. There were no further nominations. The following vote was taken: In favor of Madigan: Meilleur, Mars, and Romansky. In favor of Mars: Madigan and Link. Commissioner Joos abstained from voting. Commissioner Madigan will serve as the Planning Commission Chair for 1996. Motion: Commissioners Mars/Joos moved to nominate Jim Link as Vice Chair of the Planning Commission. There were no further nominations. Vote: Motion carried unanimously. 14. ADJOURNMENT Chairman Joos adjourned the meeting at 9:00 p.m. Memo To: Barry A. Stock, Acting City Administrator From: Nicole Bennett,Planner I Meeting Date: March 19, 1996 Re: Livable Communities Grant Program Assistance for Blocks 3 &4 NON-AGENDA INFORMATION Introduction • At its February 20, 1996, meeting, the City Council directed staff to research the Tax Base Revitalization Account and other programs under the Livable Communities Act as potential sources of assistance for the redevelopment of Blocks 3 & 4. Discussion Staff has contacted Hal Freshley and Joanne Barron, Metropolitan Council staff members, and gathered information on two grant programs of the Livable Communities Act that may be applicable to Blocks 3 & 4. Tax Base Revitalization Program The Tax Base Revitalization Program was created to make grants available for the cleanup of contaminated land for subsequent commercial or industrial redevelopment, economic development, job retention and job growth (Please see Exhibit A). Grant assistance through this program may only be used for the cleanup of polluted land that is affected by hazardous waste or qualified pollutants, such as asbestos. Investigation of the presence of pollution or any other related activities are not eligible for funding under the guidelines of the Tax Base Revitalization Program. However, if asbestos or other hazardous pollutants are discovered on Blocks 3 & 4 and remediation is necessary, the City could apply for grant assistance under this program to implement an approved Response Action Plan (RAP) or a pollution abatement program in conjunction with the MPCA and other agency standards. Demonstration Program Another program created by the Metropolitan Livable Communities Act is the Livable Communities Demonstration Program. The Demonstration Program may be a more applicable source of funding assistance for activities associated with Blocks 3 & 4. The Demonstration Program was created to make grants or loans to communities participating in the Local Housing Incentives Program and is intended to provide incentives for and test the market feasibility of livable, compact and efficient development (Please see Exhibit B). Eligible projects within the Demonstration Program framework include new development, infill or redevelopment proposals that help to create "a sense of place" or " a sense of community", projects that encourage innovative land use, projects that could serve as models or prototypes for the rest of the metro area, and projects that illustrate partnerships among government and private or non-profit sectors. Specific criteria and suggested types of proposals are listed on pages 2-3 of the Program Guidelines(Exhibit B). Eligible uses of grant and loan funds are limited to project and site planning costs, design and construction costs, and activities directly related to the implementation of a project. Program funds may not be used for comprehensive planning costs or indirect project planning costs. Request for proposals (RFPs) for both of these programs will be conducted twice a year, once in the late spring and once in the fall, with grant awards to be announced at the end of each grant cycle. Action Requested No action is being requested. This item is for informational purposes only. is\commdev\cc\1996\cc0319\livcomm.doc TAX BASE REVITALIZATION PROGRAM EXHIBIT A GUIDELINES AND CRIThRIA , -am Summary and Purpose: The Metropolitan Livable Communities Act ('ALN Stat.. Ch. 473.25) 'created a Tax Base Rcv taliz tion Account to make grants to clean up contaminated land for subsequent commercial/industrial re-development, to make it available for economic redevelopment, job retention and job growth. Amount and Source o{Funds Available: Approximately 56.5 million (p.art from the Fiscal Disparities pool and part from the�ouncil's Right-of-Way gFtrnd) will be available for grants annually; grants will be awarded on a competitive basis. Eligible Applicants: Statutory or home rule charter cities that are participating in the Metropolitan Livable Communities Housing Incentives Program are eligible to apply; as are metropolitan counties (Anoka, Carver, Dakota, Hennepin, Ramsey, Scott Washington) for projects in eligible communities. Eligible Uses of Funds: Eligible expenditures under this program include costs to implement an approved Response Action Plan (RAP) developed in conjunction with the MPCA for hazardous waste, or an abatement program meets requirements of the V-PIGLUST program (for petroleum) or AHERA standards (for asbestos). Costs incurred in the preparation of the plan (e.g., investigating the extent and/or nature of contamination) are not eligible expenditures under this program. These funds may be used to provide a portion of the local match required for a grant from DTED's Contamination Cleanup Grant Program. Applicant wagefjob and tax-base revitalization goals will be monitored annually, consistent with ?SLY Laws 1995 Chap. 224, Sec 58 (M.S.1161.991). Project Selection Criteria: The Metropolitan Council is required to consider certain factors in order to ensure the highest return in public benefits for the public costs incurred. In order to evaluate and rank applications, the following criteria will be assignedipoint values in order to systematically and fairly compare the applications. Applications will be ranked according to the extent that they address the following: a preserve and/or increase living wage jobs in the fully developed area; a promote compact and efficient development; a increase the tax base of the recipient municipality; • a represent innovative partnerships among government, private for-profit and non-profit sectors; a.'are not eligible for clean-up funding from other public sources; a will not require extensive new infrastructure (beyond that which is already planned); a make more efficient use of currently underutilized public service capacity (e.g., roads and highways, transit,wastewater, utilities, telecommunications infrastructure, etc.); o result in a net gain in jobs/industry for the region; a increase the number of living wage jobs in/near areas of concentrated poverty and demonstrate sensitivity to linkages with local residents—or linkage to HolIman units in suburban municipalities; a reflect demonstrated market demand for commercial/Industrial land in the proposed site area; and a are consistent with the redevelopment component of the municipality's comprehensive plan (in re: Minn. Stat. section 473.859, subd. 5). • Application Cycle: Beginning in 1996 there will be two grant cycles per year: a spring cycle (RFPs in February, applications deadlines in May, and awards announced in July) and a fall cycle (RFP in September, application deadline in November and awards announced in January). l.f applications for grants exceed the available funds for an application cycle, no more than one-half of the funds may be granted to projects in a single city, and no more than three-quarters of the funds may be granted to projects located in cities of the first class. This program is being coordinated with complementary programs at the 11LN Pollution Control Agency (N1PC.A) and MN Department of Trade and Economic Development (DIED). For more information contact Hal Freshley, Metropolitan Council staff, at 291-6467. ell.'2t W frig EXHIBIT B LIVABLE COMMUNITIES FEB 2 8 1996 DEMONSTRATION PROGRAM--------- February �� --— __ February 1996 BACKGROUND AND AUTHORIZATION FOR THE PROGRAM The Metropolitan Livable Communities Act (Minn. Stat. Ch. 473.25) authorizes the Metropolitan Council to establish the Livable Communities Demonstration Account, and to make grants or loans to communities participating in the Local Housing Incentives Program (Ch. 473.254); or to metropolitan counties for projects in eligible communities. Approximately$4.6 million in funding will be available in 1996, and $4.1 million in 1997 and subsequent years. SUMMARY OF THE PROGRAM'S OBJECTIVES, QUALIFYING CRITERIA AND SELECTION CRITERIA The Livable Communities Demonstration Program is designed to provide incentives for and test the market feasibility of livable, compact and efficient development. Development that is livable, compact and efficient helps the region function better for people in one or more of the following ways: linking development with transit, linking affordable housing with employment growth areas, creating mixed-use compact development, broadening the income mix of residents within areas, and encouraging public infrastructure investments that improve linkages to employment opportunities or attract private commercial and residential investments. The program is designed to encourage innovative land use projects that integrate housing, transit, employment, commercial and other land uses such as community institutions. Design of projects should accommodate the pedestrian, as well as the car, in a walkable and diverse environment. Projects with these characteristics help create a sense of place and "sense of community," and can enhance the safety and security of people in the area. These places would work for children and older people, and all ages in between. Projects can demonstrate development in new growth areas, or redevelopment and infill. Types of eligible proposals could include a mixed-use area on a transit line, innovative new or redeveloped housing near employment concentrations, and public infrastructure improvements such as pedestrian connections, public facilities and spaces that provide linkages to other parts of the community. One of the goals of the program is to fund demonstrations that constitute models or prototypes that can be applied elsewhere in the region. For this reason, priority will be given to proposals that have key elements that would be applicable to other communities. Models of planning processes that result in successful demonstrations is also a goal and desired outcome. 1 Projects that draw in partnerships among government, private, for-profit and nonprofit sectors are likely to be more successful. Therefore, projects that can demonstrate this institutional leverage and cross-jurisdictional cooperation will be given priority in the selection process. The program criteria include principles that work together to create places that are efficient to serve, have a sense of place, and are pedestrian-friendly. The principles apply to all locations in the region, from old urban neighborhoods to newer suburbs and rural towns. The principles remain the same, but their application and resulting development changes to suit the character of each type of location, and the uniqueness of each situation. New growth areas are typically located at or near the edge of the metropolitan area. They may be large enough to create a network of community or neighborhood areas within them. Redevelopable and infill sites can be designed to provide a use that integrates well with the surrounding uses, resulting in a more complete mixed-use area. The type of land use on a site might be changed from its original function. In the first year of the program, it is expected that selected projects will be ready to be substantially implemented (for the particular phase of the development for which funding is requested) during a period of up to one year following the award. Projects unlikely to be implemented within the one-year period should prepare a proposal for the 1997 funding cycle and beyond. Project managers of demonstrations selected will be expected to participate in workshops and other activities so that future applicants can learn from proposals selected in the first year. A. PROJECT PURPOSE AND QUALIFYING CRITERIA In order to qualify for funds, a proposed project must have as its purpose and effect one or more of the following characteristics. Proposals will be rated 'high,' 'medium,' or'low' on each item. 1. Links development or redevelopment with transit; 2. Links affordable housing with employment growth areas; 3. Intensifies land use that leads to mixed-use compact development or redevelopment; 4. Involves housing development or redevelopment that provides or results in a mix of housing rents/prices and resident incomes in the subject area, including introducing higher value housing in lower-income areas; 5. Encourages public infrastructure investments that connect urban neighborhoods and suburban communities; 2 6. Encourages public infrastructure investments that attract private sector investments in commercial and residential properties adjacent to the public improvement; and/or 7. Encourages public infrastructure investments that provide project area residents with expanded opportunities for private sector employment. B. ELIGIBLE APPLICANTS Communities participating in the Livable Communities Local Housing Incentives Program, and to metropolitan counties for projects in eligible communities. C. LOCATION OF PROJECTS Projects must be located in municipalities participating in the Livable Communities Local Housing Incentives Program. D. ELIGIBLE PROPOSALS Eligible types of proposals include but are not limited to the following new development, infill or redevelopment proposals: ❑ Mixed-use--some combination of mixed-income housing, office, commercial, public space. ❑ Innovative housing development in cities where the housing proposed is consistent with the direction of the city's Livable Communities housing goals. ❑ Housing located in proximity to employment concentrations, in cities where the housing proposed is consistent with the direction of the city's Livable Communities housing goals, and does not contribute to concentrations of lower-cost housing. ❑ Public infrastructure improvements. Pedestrian connections, public facilities, amenities and spaces that provide linkages to other parts of the community, especially to jobs,and create a more pedestrian and transit-friendly environment. ❑ Plans and programs to remodel or update housing (e.g. enlarging small homes to accommodate families and increase esthetic appeal, adding garages, etc.) in a neighborhood setting and/or convenient to jobs. ❑ Planning processes and development of planning tools in connection with a proposal, including but not limited to small area specific plans; preparation of mixed-use, higher- density and/or transit/pedestrian overlay zoning districts; performance zoning; master plans for development/redevelopment districts or corridors; or other appropriate tools and implementation mechanisms. 3 Applicants are encouraged to employ other legislative incentives and funding programs. These include the Tax Base Revitalization Program and the Local Housing Incentives Account, under the Livable Communities Act, to clean up polluted sites, and the Transit-Related Development Tax Incentive (Minnesota Laws 1995, Chapter 264, Article 3, Sections 9, 27& 52). E. ELIGIBLE USES OF LOAN AND GRANT FUNDS Two objectives of the Demonstration Program are: 1. To fund project components that directly contribute to completion of a built or finished project. 2. To fund project components or linkages that reflect the goals and principles of the program and set the project apart from typical development in the region. Funds may be used for project and site planning costs, design and construction costs. Funds may not be used for comprehensive planning costs. Project planning costs may be eligible if they are necessary to the implementation of a project. In considering whether planning or other costs will be funded, the Livable Communities Advisory Committee will evaluate projects on a case-by-case basis, taking into account the viability of the project, and its confidence that the project will be completed. F. FORM OF AWARDS The Council is authorized to award grants and loans. G. PROJECT SELECTION CRITERIA The Metropolitan Council will use the following criteria to determine whether an application and applicant will be selected to receive an award under the program: Land Use Criteria. 150 total points 1. The degree to which the project meets the goals of the Demonstration Program. Ratings of'high,"medium,' or'low' on the qualifying criteria in Section A will be used to establish the score for this criterion. 0-50 points 2. The extent to which the project will provide a mix of, and/or integrate different land uses and systems--housing, transit, employment, commercial and other systems. 0-50 points 4 • Principles: a. Mix Uses 1. Include shops, workplaces, schools, civic facilities, parks and other public spaces, and a variety of housing types and costs. 2. Connect uses to transit, providing people with a way to get around other than driving alone. 3. The extent to which the project addresses the following principles. 0-50 points Principles: a. Make Development Compact 1. Connect rather than separate uses, to allow for functional relationships between them. 2. Build mid-to high-density, with attention to the design and relationships of structures to each other. b. Design for People 1. Locate shops and other uses within walking distance of each other, and within walking distance of transit. 2. Design streets for pedestrians, not just cars. Orient businesses and other structures to the street for pedestrian accessibility, and provide convenient parking. This creates safe, pleasant walking environments. 3. Provide places for people to gather--parks and other public open spaces, a central place or neighborhood center that provides a focus for activities. 4. Use design to make places safer, create amenities and improve livability. Proposals are not expected to demonstrate having met all of the principles. Other Criteria. 325 total points 1. To what extent the proposal has key project characteristics that can provide a model for replication in other communities. 0-50 points. 5 2. Whether and to what extent the proposal will draw in partnerships among government private, for-profit and non-profit sectors, and will involve local units of government working cooperatively to implement community development and revitalization strategies (such as a cluster agreement or other cooperative arrangement). 0-50 points. 3. To what extent the proposal will leverage other sources of funds. 0-50 points 4. To what extent the proposal demonstrates a planning process (implemented or proposed) that will help to ensure successful implementation of the project, according to the following principles. 0-50 points. Principles: a. Use an open process involving residents, property owners, developers, businesspersons, and others with an interest in the future of the subject area. b. Employ visual models of planning proposals and alternatives. c. Address design issues, and uses design professionals in the process. d. Develop specific zoning and planning tools, and mechanisms to ensure plan implementation. 5. To what extent the project is likely to have a significant impact in the project area or community, based on its scale and size, and/or its strategic or targeted impact. 0-25 points. 6. Whether and to what extent public housing units are provided to implement the settlement agreement in Hollman v. Cisneros (Civil No. 4-92-712). 0-25 points. 7. Whether and to what extent the proposal has identified regulatory barriers and successfully negotiated workable and innovative solutions. 0-25 points 8. The extent to which the project is innovative and creative in ways not addressed elsewhere in these criteria. 0-50 points h:Vibrary'documentUcdpg&c.196 6 3 MEMO TO: Barry Stock,Acting City Administrator FROM: Bruce Loney,Public Works Director f2) SUBJECT: Status of County Road 15, 79 and 17 Speed Limit Study DATE: March 6, 1996 MEETING DATE: March 19, 1996 NON AGENDA INFORMATIONAL ITEM: Please find attached letters from Scott County Highway Engineer, Brad Larson, in response to a letter I sent in regard to speed limit issues on County Road(C.R.) 15, C.R. 79 and C.R. 17 within the City of Shakopee. This information should be passed onto the Council in regard to their inquiry as to what can be done with the speed limit in these areas as mentioned at the Council meeting. Scott County has jurisdiction over these roadways and thus is responsible for signing the regulatory speed on these roadways. If you have any questions in regard to this,please feel free to contact me in my office. BL/pmp SPEED SCOTT COUNTY PUBLIC WORKS AND LANDS DIVISION ADTT i'4), HIGHWAY DEPARTMENT GARY L. CUNNINGHAM 600 COUNTRY TRAIL EAST *O COUNTY ADMINISTRATOR JORDAN, MN 55352-9339 ` 1 . BRAD LARSON (612)496-8346 'S `G -> ASSOCIATE ADMINISTRATOR )ax412)('965 4V® 9S November 14, 1995 e 0 Mr. Bruce Loney, P.E. City Engineer City of Shakopee 129 Holmes Street South Shakopee, MN 55379 Re: Speed Limits on County Roads - Shakopee Dear Bruce: This is in response to recent City requests to evaluate the current speed limits on CSAH 15, CSAH 17 and CR 79 from the Shakopee Bypass north. Specifically, the requests were to reduce the speed limits on these roadways. As you are aware, the establishment of speed limits outside of the statutorily set 30 MPH in residential areas and 55 MPH in rural areas is the responsibility of the Minnesota Department of Transportation. Given that premise, the following summarizes the recent history and current Highway Department proposals for each roadway. CSAH 15 CSAH 15, south of 10th Avenue to 400 feet south of 12th Avenue, is zoned 35 MPH. To the south of this the zone is 55 MPH. With the recent County upgrading of CSAH 15 and the current work on the new interchange at CSAH 15 by MnDOT which is scheduled to be completed next year, Scott County will request that MnDOT evaluate CSAH 15 from the Shakopee Bypass to 10th Avenue. CSAH 17 MnDOT, at the County's and City's request, evaluated and established the current speed zones in March 1994. At that time both the County and MnDOT District Traffic Engineering recommended that a lower (buffer) speed limit be set from south of the Shakopee Bypass to the current 40 MPH zone just south of Prairie Lane. However, MnDOT's Traffic Engineering office did not approve that request due in part to the observed vehicular speeds and the absence of development in this segment. MnDOT did agree to re-evaluate this area at the County's request when additional development had occurred. An Equal Opportunity/Safety Aware Employer Mr. Bruce Loney November 14, 1995 Page 2 While additional development has not yet occurred, it is imminent with the construction of the Shakopee Bypass. Two items have recently been brought to our attention that should help justify the re-evaluation of this roadway. First, MnDOT has made the decision to install traffic signals at both ramp intersections with CSAH 17 in anticipation of the increased traffic volumes and development growth in this area. These signals will be operational at the time the Shakopee Bypass opens to traffic. Secondly, we just received from your City Planning Department a proposed plat/PUD for the development of the northwest quadrant of CSAH 17 and Vierling Drive. These two items, along with the previous concerns of the Junior High School and the Police Department, hopefully should warrant this review. CR 79 With the housing development essentially complete along CR 79 north of the Shakopee Bypass, a new speed zone study is warranted. In summary, Scott County will be requesting MnDOT to evaluate these three highway segments for appropriate speed zoning. Included in our request will be the communications received from the City. A copy of the County's resolution will be forwarded to the City for your information upon adoption, which is anticipated on November 21, 1995. Hopefully, lower speed limits can be established. If so, your Police Department's help will be needed to enforce the speed limit on these roadways. Compliance is already a problem at the higher limits, as was certainly evident during the recent speed enforcement effort on CSAH 17 and other roadways. If you have any questions, please call. Sincerely, golAj Bradley J. Larson, P.E. 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MONTH END CITY OF SHAKOPEE, MINNESOTA Average Yield= 5.90 percent INVESTMENTS Average Maturity= 3.0 years 3/1/96 Printed 11-Mar-96 1996 3/1/96 2/28/96 PAR INV Purchase Maturity Yield Carrying Basis Accreted Basis Market VALUE COUPON FHLMC 06/14/93 09/15/02 6.05 1,596,698.07 1,595,308.98 1,580,948.60 1,540,000.00 6.77 FICO 02/02/93 08/03/01 6.70 1,792,975.58 1,813,760.23 1,803,900.00 2,500,000.00 NA FHL 11/14/95 11/14/00 6.30 1,000,000.00 1,000,000.00 1,000,940.00 1,000,000.00 6.30 USTR 02/17/93 08/15/00 6.15 1,356,378.39 1,370,440.77 1,361,531.76 1,752,000.00 NA FICO 11/30/92 02/03/99 6.50 961,406.24 971,428.94 972,474.50 1,150,000.00 NA FHLM 07/15/93 11/15/98 5.25 1,260,694.18 1,271,521.97 1,250,335.00 1,450,000.00 NA FICO 07/15/93 11/02/98 5.24 240,441.14 242,500.53 237,517.32 276,000.00 NA FNMA 09/29/93 09/28/98 4.92 500,000.00 500,000.00 491,135.00 500,000.00 4.92 FNMA 09/29/93 09/28/98 4.92 500,000.00 500000. 00 491 135.00 500 000. 00 4.92 FHLM 07/07/93 07/07/98 5.80 600,000.00 600,000.00 599,976.00 600,000.00 4.8 WA 09/15/95 05/15/97 6.40 475,239:82 480,311.04 485,275.28 517,500.00 NA! NA 06/05/95 11/15/97 5.52 1,953,262.03 1,971,400.89 1,963,610.51 2,160,045.00 NA REFCO 08/10/95 10/15/97 6.07 1,024,462.50 1,034,986.62 1,043,483.46 1,139,000.00 NA USTN 06/02/95 07/31/97 5.97 995,696.68 979,535.73 1,002,030.00 1,000,000.00 5.5 UST 12/29/95 09/30/96 5.25 1,008,996.83 994,548.78 1,007,190.00 1,000,000.00 6.5 CP 10/26/95 03/20/96 5.87 1,481,003.22 1,495,431.15 1,465,568.33 1,500,000.00 NA,' 4-M 01/01/00 217,699.25 217,699.25 217,699.25 217,699.25 None, Norwest 01/01/00 522,842.37 522,842.37 522,842.37 522,842.37 None": Total 17,487,796.30 17,561,717.25 17,497,592.38 19,325,086.62 CP Seg 03/05/96 03/19/96 4.19 449,277.25 OFFICIAL PROCEEDINGS OF THE ECONOMIC DEVELOPMENT AUTHORITY SHAKOPEE, MINNESOTA COMMITTEE OF THE WHOLE JANUARY 23, 1996 President Zorn called the meeting to order at 7:24 P.M. with Commissioners Morke, VanHorn, DuBois, Henderson, Sweeney, and Link present. Also present: Dennis R. Kraft, City Administrator and Executive Director; Barry Stock, Assistant City Administrator; Karen Marty, City Attorney; Judith S. Cox, City Clerk; Bruce Loney, Public Works Director/City Engineer; Paul Bilotta, Community Development Director; Dave Nummer, Staff Engineer; and Gregg Voxiand, Finance Director(arrived late). Sweeney/Morke moved to approve the Minutes of January 9, 1996. Motion carried unanimously. Barry Stock gave a brief up-date on the downtown revitalization efforts. He stated that many of the original objectives have been completed and listed them. The moratorium on development in Blocks 3 and 4 will expire on September 17, 1996. He explained that a consulting firm was selected to assist in the acquisition and relocation process for parcels within Blocks 3 and 4 and the Executive Director of the EDA has been authorized to execute purchase agreements. Funding costs are being funded from the Tax Increment Fund Trust. Mr. Stock stated that projected revenues for the TIF amount to approximately$2.25 million. Mr. Stock explained that the purpose of the meeting is to solicit questions/comments from the audience regarding the development status of Blocks 3 and 4, what direction they would like to see taken, whether the City should continue with the acquisition process, what should happen if the property is acquired; save some properties, rehabilitate them, demolish them, build new, or turn the area into a park. Don McNeil, 1101 S Naumkeag St., approached the podium and asked when the public might know what TIF funds can be used for before they are spent in order to have some input. Jack Brambilla, property owner Block 3, approached the podium and discussed the building in which there are three businesses. He discussed property taxes on the building and stated that one of the tenants had left upon the City's request. The rent was $2000 a month. Mr. Brambilla stated that he felt he was due $2000 a month rent since September, from the City of Shakopee. He stated that the other tenants have also been asked to leave which will result in additional loss of income. He addressed heating and insurance issues and stated that without an income these costs are exorbitant. Mr. Brambilla discussed an offer which was$110,000 less than one made in 1991 from the State of Minnesota. He stated that his building was appraised at $360,000 in 1991 plus equipment; and compared that with a recent offer by the City which he believes is ridiculous. Mr. Brambilla stated that he feels the City owes him $10,234 plus interest. He explained that he needs some compensation and would like to discuss this matter with anyone that might help him. He stated that his main concern is the loss of rent. Official Proceedings of the January 23, 1996 Shakopee Economic Development Authority (COW) In response to a question as to why the tenants were asked to leave, Dennis Kraft explained that the State of Minnesota has a relocation process that mandates when governmental units acquire property, that there is a procedure that is followed for tenants. Duane Wermerskirchen, Real Gem Jewelers, 108 East 1st Avenue, approached the podium and stated that he would be in favor of a speedy acquisition of the properties and trying to find a developer within a 3-6 month period, and if a developer could not be found to move on to the next step of rehabilitation. He was not in favor of a park as there would be no tax return. Don McNeil, 1101 Naumkeag, approached the podium and discussed focusing on traffic and new facades to draw people into the City. Joe Perusich, 1098 S Monroe St., approached the podium and discussed perceptions, stating his support for demolishing the buildings. Comm. Morke explained that the building studies are on hold at this time and that perhaps the Council might be requested to re-start that process to determine if buildings can be saved or moved.. Barry Stock stated that the previous proposal was to look specifically at one building to see what it would cost to move it and/or leave it there and remodel it. He explained that at that time the City had only one property in ownership; which was the old City Hall building. The question then was whether that building was the best example to use. The Council at that time decided to wait to proceed with the study until more properties were under City ownership and then choose the most representative sample in that area. Discussion followed. In response to a question as to whether the acquisition of the new property, Eddy's World, would be a candidate for moving, Barry Stock stated that in his opinion it was not. Comm. DuBois stated that with the expected growth over the next 5 to 10 years and the commercial properties that will generate taxes, there are other avenues to give consideration to. She suggested looking at the north and south streets for retail shops. Bill Wermersckirchen, Bills Toggery, 138 S Lewis St., approached the podium and thanked the Council and the EDA for addressing this issue. He suggested a 2 or 3 level building with office and retail space. He supported a park in the north side and something economically viable in Blocks 3 and 4. He did not support demolition of the buildings until a developer is found and stated that he would like to see things move forward. Pat Schroers, Tole Bridge, approached the podium and recommended moving forward as soon as possible. He supported retail/office space and stated that with the correct landscaping traffic noise might be minimized. Official Proceedings of the January 23, 1996 Shakopee Economic Development Commission (COW) Page -3- Henderson/Morke moved that the EDA request the City Council to authorize the appropriate City officials to initiate eminent domain proceedings on Blocks 3 and 4 beginning around February 15, 1996. Motion carried unanimously. Chris Dircks, 1199 Tyler St., approached the podium and stated that he would like to see a park upon entering the city. Linda Kurian, 1st in Hair and Tanning, approached the podium and stated that upon entering Shakopee she would like to see something more inviting that would draw other businesses and encourage businesses to remain in the city. Morke/Henderson moved that the property at 213 1st Avenue be evaluated for the cost of potential movement and/or demolition. Gary Turtle, Turtle's Bar & Grill, approached the podium and stated that his concern is that the buildings are not left standing to further deteriorate after being purchased by sitting empty. He supported some action to upgrade or at least maintain the buildings. In response to a question as to the cost of an evaluation, Barry Stock estimated costs at approximately$10,000. Lola Mensing, Wampach's Restauraunt, approached the podium and stated that the wind is a problem with the buildings across the street gone. In response to a question from Don McNeil relating to traffic studies, Comm. Zorn stated that traffic studies indicate that Shakopee will be a viable entity. Betti Lu Mueller, Beni Lu's, approached the podium and stated her support for demolishing all buildings and re-building. She stated that she would like to keep the esthetics view of the blocks and retain the theme of the river front. She also supported a 2-level building to help minimize the wind. Motion carried unanimously. Linda Tomlinson, 213 E 1st Avenue tenant, approached the podium and stated that her business is based on historical appreciation and addressed traffic issues comparing Shakopee with Stillwater's attraction of the old buildings. She explained that new construction does not have the same effect as the old. She stated that there are many small businesses that would be interested in doing some lower-key things with the old buildings. Official Proceedings of the January 23, 1996 Shakopee Economic Development Authority (COW) Page -4- Comm. Henderson urged the citizens who might know of anyone interested in proposing changes as the City acquires property to present plans and move forward. He stated that it is important to do something to make the downtown area more attractive and viable to keep the City from moving south. Gregg Voxland, Finance Director, approached the podium and explained that Tax Increment funds can be used for incentives for development and site improvements such as acquiring land, public improvements such as roads and utilities, recreational facilities such as parks and civic center. TIF funds cannot be used for general government functions such as operating costs, City Hall, fire station, or Court type facilities. Comm. Zorn encouraged further public in-put and gave the City Hall phone number. In response to a question from Tom Rein, 412 S Scott, as to what the buildings on the other side of the street would be required to do to fit in, Comm. Zorn stated that they will try to construct buildings that look 100 years old and the other businesses would be encouraged to maintain their buildings even though they are very old. Henderson/DuBois moved to adjourn. The meeting adjourned at 8:46 P.M. tAtIA, e.,?Q th S. Cox D.A. Secretary Esther TenEyck Recording Secretary OFFICIAL PROCEEDINGS OF THE ECONOMIC DEVELOPMENT AUTHORITY REGULAR SESSION SHAKOPEE, MINNESOTA MARCH 12, 1996 The Oath of Office was administered to the seven newly appointed Commissioners by the City Clerk. Councilmember Burl Zorn called the meeting to order at 6:31 P.M. with Commissioners Reinke, Morke, Van Horn, Link, Miller, and Amundson present. Also present: Barry Stock Assistant Executive Director;Karen Marty, City Attorney; and Judith S. Cox, City Clerk. Commissioner Van Horn asked that the minutes of February 6, 1996 be corrected to show that he objected to the"timing" of the payment in relocation fees in the amount of$20,000 (page 2, paragraph 7). VanHorn/Reinke moved to approve the minutes of February 6, 1996 as corrected. Motion carried unanimously with Comm.Link abstaining because he was absent from the meeting. Mr. Stock asked for nominations to the position of President. Miller/Link moved to nominate Comm.Zorn for President. Morke/Miller moved that a unanimous ballot be cast for Comm.Zorn for President. Motion carried unanimously. Link/Amundson moved to nominate Comm.Reinke for Vice President. VanHorn/Miller moved to nominate Comm.Link for Vice President. By a show of hands Comm. Link was elected Vice President: Reinke: Amundson, Morke, and Link Link: Reinke, VanHorn, Miller, and Zorn Miller/Morke moved to nominate Comm.Reinke for Treasurer. There were no further nominations. Upon question of the Chair, Shall a unanimous ballot be cast for Comm. Reinke for Treasurer? Carried unanimously. Reinke/Morke moved to nominate Paul Bilotta for Secretary. There were no further nominations. Official Proceedings of the March 12, 1996 Shakopee Economic Development Authority Page -2- Upon question of the Chair, Shall a unanimous ballot be cast for Paul Bilotta for Secretary. Carried unanimously. Miller/Amundson moved to nominate Gregg Voxland for Assistant Treasurer. There were no further nominations. Upon question of the Chair, Shall a unanimous ballot be cast for Gregg Voxland for Assistant Treasurer. Carried unanimously. Morke/VanHorn moved to set the next meeting date for March 20, 1996 at 6:00 P.M. Motion carried unanimously. Staff was directed to prepare the appropriate amendment to the By-Laws changing the regular meeting date to the third Wednesday of the month beginning at 6:00 P.M. Miller/Morke moved to continue to insure the property acquired in Blocks 3 & 4 and other buildings to be acquired until the E.D.A. receives the report on the potential relocation/demolition/rehab of the building within Block 4 and has the ability to act on that report. Motion carried with Comm.Zorn opposed. Miller/Reinke moved to authorize the appropriate EDA officials to take the steps necessary to secure the services of BKBM Engineers to perform an engineering evaluation on the County Collections Antique building at a total cost not to exceed $8,000. Motion carried unanimously. Morke/Reinke moved to approve the bills in the amount of$321,346.86. Motion carried with Comm.VanHorn opposed. Comm.Morke asked that Resolution No. 96-3, regarding property disclosures, be placed on the next meeting agenda. Comm.VanHorn asked that the 1996 EDA Budget be discussed at the next meeting. VanHorn/Link moved to adjourn to Wednesday, March 20, 1996. Motion carried unanimously. The meeting was adjourned at 7:10 P.M. 0 ith S. Cox Clerk Recording Secretary SCOTT COUNTY PUBLIC WORKS AND LANDS DIVISION HIGHWAY DEPARTMENT 1COTT 600 COUNTRY TRAIL EAST C JORDAN, MN 55352-9339 �'�p GARY L. CUNNINGHAM (612) 496-8346 jjj COUNTY ADMINISTRATOR nfitip l ¢j2) 496-8365 BRAD LARSON .r 4p� ASSOCIATE ADMINISTRATOR I9 0 March 131 /p /'96' Bruce Loney, PE Public Works Director 129 Holmes St. S. Shakopee MN 55379 Dear Mr. Loney: This is in response to the City's request for Scott County to consider submitting a proposal for providing professional engineering services to the City of Shakopee. We appreciate the City's interest in soliciting the county for engineering services, however, we must politely decline at this time. As you are aware, Scott County does perform professional engineering work in many of the areas you listed in your letter. At present, Scott County's Public Works Division is staffed to handle a majority of the County's engineering workload. To meet the full workload we supplement our staff with consultant services. Therefore, we would not be able to supply engineering services to the City without the addition of staff. Scott County will continue to offer its current array of engineering services to the City on county highway and GIS projects. Thank you for considering us, if you have any question, please call. Sincerely, • Bradley J. L•7I. PE County Highway Engineer BJL/lb cc: Commissioner Bannerman Gary L. Cunningham, Scott County Administrator An Equal Opportunity/Safety Aware Employer ' r BUILDING DEPARTMENT 1995 YEAR END REPORT Employees Building Official - Fulton Schleisman Building Inspector - Jim Grampre Secretary - Jeanette Shaner Electrical Insp. (Part Time-Contract) - Terry Krominga TOTAL REVENUE Year Revenue Expenditure Net 1991 $205,979.85 $155,228.22 $ 50,751.63 1992 308,439.17 133,808.00 174,631.17 1993 512,273.76 152,370.00 359,903.76 1994 415,688.75 175,344.00 240,344.75 1995 644,257.85 186,298.00 457,959.85 (1995 Budget (437,000.00) (199,140.00) Projections) REVENUE BREAKDOWN BY DIVISION Building Permits Year Number Revenue 1991 426 $173,200.81 1992 472 245,744.20 1993 575 392,227.00 1994 632 312,400.00 1995 607 503,368.00 Plumbing and Heating Permits Year Number Revenue 1991 458 $22,166.88 1992 602 32,359.19 1993 712 71,646.00 1994 709 62,748.00 1995 713 83,929.00 Electrical Permits Less Paid Year Number Revenue To Inspector Net to City 1991 349 $17,186.55 $13,749.24 $3,437.31 1992 491 21,826.50 17,461.20 4,365.30 1993 584 31,723.00 25,378.40 6,344.60 1994 551 24,374.00 19,499.20 4,874.80 1995 579 33,510.00 26,808.00 6,702.00 1995 REVENUE BY DIVISION - TOTALS Building Permits $503,368.00 Plumbing & Heating Permits 83,929.00 Electrical Permits 33,510.00 10% C.O. Charge Retainment 19,339.90 SAC Retainment 3, 199.40 State Surcharge Retainment 911.55 1995 Total Revenue $644,257.85 BUILDING PERMIT VALUATION Year Total Building Permits Valuation 1991 426 $18,513,241.00 1992 472 29,328,483.00 1993 575 64,689,664.00 1994 632 37,717,177.00 1995 607 55,189,772.00 Residential/Dwellings Year (Single Family) (Multiple Dwelling Units) Valuation 1991 115 18 $10,654,500.00 1992 151 28 15,166,545.00 1993 174 40 19,209,904.00 1994 164 32 19,991,495.00 1995 159 102 23,496,858.0'0 Year Commercial/Industrial Valuation 1991 57 $ 5,800,147.00 1992 51 11,423,921.00 1993 71 43,135,568.00 1994 60 12,819,721.00 1995 56 26,722,700.00 1995 BUILDING DEPARTMENT ACTIVITIES 1. Perform all building, plumbing and heating permit plan reviews. 2. Perform all building, plumbing and heating inspections. 3. Enforce Department of Public Safety Fire Marshal Division State Fire Code and related statutes. 4. Enforce Individual Sewage Treatment System Standards Chapter 7080. 5. Perform liquor license inspections per City Code. 6. Perform staff reviews for CUP's, variances and platting process. 7. Perform housing inspections as requested by landlords or tenants. 8. Investigate work done without permits. 9. Answer change of occupancy inquiries, conduct inspections and investigations. 10. Evaluate permit fees and valuation process, survey other communities, adjust as necessary for annual fee schedule. 11. Review city ordinances enforced by Building Department. Propose changes to Administration and Legal Departments. 12. Attend seminars and schools as required by law to maintain building official certifications. 13. Maintain and update code book library. 14. Create and maintain handout materials for customers. 15. Review permit applications for completeness, route to appropriate staff, calculate fees and issue permits. 16. Maintain and update central property data files, alphabetical and picture property identification cards. 17. Prepare a variety of monthly, quarterly and year-end reports. 18. Maintain SAC and WAC records, collections and credits. 19. Research and answer inquires regarding property data. 20. Enforce City Code nuisance complaints (part time) . 1996 DAILY ADMISSION REPORT MARCH ADMISSIONS PAYING ADMISSIONS MEMBERSHIPS PUNCHCARDS A A A W S M E I A E F S M E D A T Y E E S R M D R A A Y E E R A L R M U T O L P U O N 0 M D O N M 0 T K A B S E B O A L U I B I U U I B B E I C E E P I W C T T O I L L T 0 E I N K H R T H R C T S C Y R R C G S S S S FREE CARD CLASSES $2 $1 $1 $2 $110 $70 $50 $35/17 $35 1 105 31 10 44 1 2 75 38 10 23 88 2 2 1 1 3 77 37 37 121 4 168 68 19 7 12 97 7 3 1 1 5 198 67 3 63 5 2 6 143 58 11 4 12 80 5 1 7 130 56 7 50 1 8 101 29 29 61 1 2 9 76 50 10 11 73 4 1 10 86 68 32 98 2 1 11 151 67 17 5 6 67 8 2 12 130 54 17 62 1 1 13 91 42 16 3 5 40 6 14 93 38 2 32 1 15 16 17 • 18 19 20 21 22 23 24 25 26 27 ..., _ 28 29 30 31 TOTAL 1624 703 83 19 206 976 32 17 4 4 3 2 Walking track count does not include members using track. ATTEND.XLS 1996 DAILY ADMISSION REPORT FEBRUARY ADMISSIONS PAYING ADMISSIONS MEMBERSHIPS PUNCHCARDS D W MA A Y SAC F A M A A A EE I D O E E O A D Y S E E T L M S RL MUUNRU M U O E M R E K BT O S O P L T I O P I L U NB 0 I E EB W AT HOBO L T T I E B N R P1 CS R IN Y H OR I . G C T SCS R C S S FREE CARD CLASSES $2 $1 $1 $2 FREE $110 $70 $50 $35 $35 4 13 1 7 5 84 18 13 37 8 2 2 1 10 6 86 16 25 4 7 92 13 17 5 12 68 4 8 68 31 _ 8 29 2 9 63 21 14 22 2 S10 55 19 7 32 1 4 S11 81 47 9 43 1 12 90 57 17 5 6 34 1 3 3 13 68 30 3 34 3 3 14 87 28 9 2 4 32 2 1 4 1 2 g 59 ' `` 129 I `' ',14',-, § ' , . 51 130 2 . ,{ x,., „„, S 1y3 5 3 'vim, 'xiuu� .., .r ,..-w,#�.+wa-....,...>,M: v W,., :...+,un-..a.-,;� Y . ..,a ,<„ ...:::... .... . .,. ,... � .,„., .,,w ✓�k.u,�.,.w:w ,c,avas.Me>arwv.� -� kr." a✓«aa� 18 69 36 15 74 1 _ 19 75 50 19 4 4 91 3 7 4 1 3 20 120 39 4 52 2 1 21 111 30 16 3 43 3 9 2 3 22 98 30 7 31 4 1 23 104 18 10 81 1 2 S24 66 29 13 9 61 3 4 1 1 2 S25 79 36 21 99 7 1 2 1 26 115 38 19 8 2 51 3 4 1 1 27 135 36 13 58 4 __ 28 135 27 17 3 4 34 3 3 1 1 1 29 140 46 8 52 5 TOTAL' 21921 8051 1401 27 4351 1083 11 231 581 601 61 61 21 41 OPEN HOUSE WALKING TRACK COUNT DOES NOT INCLUDE MEMBERS USING TRACK ATTEND.XLS TENTATIVE AGENDA ADJ. REG. SESSION SHAKOPEE, MINNESOTA MARCH 19, 1996 LOCATION: 129 Holmes Street South Mayor Jeff Henderson presiding 1] Roll Call at 7 : 00 P.M. 2] Approval of Agenda 3] Liaison Reports from Councilmembers 4] -- Mayor' s Report 5] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 6] Approval of the Minutes : None 7] Communications: a] Update by Bill Von Bank, Convention & Visitors Bureau, on the 1996 Budget and Marketing Efforts >b] Metropolitan Council regarding Shakopee' s Plan amendment-year 2000 MUSA expansion c] John E. Grzybeck, Esq. regarding County Road 18 Noise Violations and Mitigation 8] 7 : 00 P.M. Public Hearings : a] Proposed vacation of the west one-half of Cass Street between 3rd and 4th Avenues - Res . No . 4416 9] Recommendations From Boards and Commissions : a] Final Plat of Westridge Lake Estates 2nd Addition, located N of CR-14 and S of Lake O' Dowd - Res . 4417 b] Pinewood Estates Planned Unit Development, located S of 4th Ave. and W of Shenandoah Drive, Ord. 449 10] Reports from Staff: a] Authorize Engineer Surveying Services for Vierling Drive, Project 1995-6 >b] Approve Bills in the Amount of $490, 384 . 89 >c] Set-Up Licenses d] Easement Acquisition for 17th Avenue and Sarazin Street, Project No. 1996-1 >e] Employee Insurance - Long Term Disability f) New Front Mount Mower TENTATIVE AGENDA March 19, 1996 Page -2- 10] Reports from Staff continued: g] Authorization of Engineering Personnel h] Public Right of Way Ordinance *I) Trunk Highway 300 Turnback *j ] Gorman Street Reconstruction from 4th Avenue to CR-17 - Accepting Report and Setting Public Hearing, Project No. 1996-3 (Res . No. 4404) k] Legal Staffing (Res . No. 4420) 11] Resolutions and Ordinances: >a] Res . No. 4419 - Accepting Work on the 1994 Pavement Preservation Program, Project 1994-12 >b] Res . No. 4418 - Restricting Parking on 17th Avenue from CR-17 to Sarazin Street >c] Ord. No. 450 - Amending the City Code Relating to The Rural Taxing District 12] Other Business : a) b] c) 13] Recess for an executive session to discuss matters covered under attorney-client privilege 14] Re-convene 15] Adjourn Barry Stock Acting City Administrator > Indicates those items determined by the City Administrator to be appropriate for inclusion on a consent agenda if a consent agenda existed. Reminder: There will be a work session on 3/26 at 5: 00 p.m. x k ),_ c8h hakopee HAM E C B R OF COMMERCE CONVENTION & VISITORS BUREAU To: Mayor Jeff Henderson and City Council Members From: Bill Von Bank, Executive Director, Shakopee Convention& Visitors Bureau Date: 13 March 1996 Re: Convention& Visitors Bureau update Please find enclosed a budget for the 1996 program year approved by the Shakopee Convention& Visitors Bureau Advisory Board on February 20, 1996. In addition, I have enclosed a detailed list of our marketing efforts for the year, and a copy of our major lure piece--The Shakopee Visitors Guide. I will be attending your March 19 meeting to answer any questions you may have. Thank you. Shakopee Convention& Visitors Bureau Mission: The Shakopee Valley Convention& Visitors Bureau is organized as a division of the Shakopee Chamber of Commerce to advance the economic impact of tourism in the Shakopee area by attracting visitors, conventions, meetings, events and tradeshows with the emphasis on off season activities. 1801 East Hwy. 101 Shakopee, Minnesota 55379 612-445-1660 FAX 612-445-1669 Shakopee Convention& Visitors Bureau 1996 Marketing Efforts Tradeshows February 2-4, 1996...Jack Rabbit Tour& Travel Show, Sioux Falls, SD February 29, March 1-2, 1996...Des Moines Sport Show, Des Moines, IA March 25-28, 1996...Winnipeg Sales Mission, Winnipeg, Manitoba, Canada April...Tentative, Wisconsin Sales Blitz May 3, 1996...Group Leader Show in Detroit, Michigan October...TBD, Alliance of Canadian Travel Agents Show in ThunderBay, Ontario, Canada Advertising January, Twin Cities Official Visitors Guide January/February, AAA Home& Away Magazine, Minnesota, Iowa, Wisconsin February/March, Going Places Magazine, Manitoba, Canada March/April, AAA Home& Away Magazine, Minnesota, Iowa, South Dakota,North Dakota, Wisconsin April, AAA Tour Book,North Central Region July/August, AAA Home& Away Magazine, Minnesota, Iowa, Wisconsin Conventions November, National Tour Association Convention, Minneapolis, MN Special Events May 9, 1996, Tourism Day (In conjunction with the Burnsville and Eagan Convention& Visitors Bureaus) May 30-31, June 1, 1996, Shakopee Familiarization Tour of the Shakopee area exclusively for group travel planners. • o, 0 to o. • 88 88 8 8 0 0 0 el uinf 88888 88 8 888 8 8 8 8888888 0 0000ci 0 00 0000 0 06 0000000 °' 888 88 88 H . 600 00 00 O . 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E c ..g' E E d 11) o 0 et'sV eit .0 0 d 3 L• Ca p EMM Z al W= - V a6 _ Am O 4 Z m w c e e 3 1:02 arc_ �. bZ >= W 0 f.%I e+ c e chat.gyp'a ti N ere a o ' ` b o c A = S A A A A Pm el OS X 4 F• m w a ' O C H d z 0 a a) 0 N N O R Metropolitan Council 7b p Working for the Region, Planning for the Future March 12, 1996 - Paul Billota \1:,R 1 4 1996 Community Development Director „...------_ � � City of Shakopee 129 Holmes St. South Shakopee, MN 55379-1351 RE: Plan Amendment-Year 2000 MUSA Expansion Referral File 16131-3 Dear Mr. Bilotta: At the conclusion of the recent meeting regarding the city's proposed 2000 MUSA expansion, you asked the staff to write a letter summarizing the issues and the staff's recommendations that were discussed. As the staff indicated to you, the city's household and population forecasts and projected land demand through the year 2000 are significantly higher than the Council's forecasts and cannot be supported based on the recent growth in the city. Much of the projected development would occur after 2000. In addition, the land area included in the proposed MUSA expansion - significantly exceeds the land trade that was contained in the Shakopee-Chaska Interceptor Agreement between the city and Council on March 29, 1994. Our staff proposes to work with the city in developing a two-part strategy to resolve this issue and meet the city's long term growth needs. One, the staff recommends that the city submit a revised plan amendment that includes a staged MUSA expansion through the year 2010. (The city may choose to develop a 2020 MUSA as a long range development guide, but the Council cannot make a committment to provide service to any areas beyond 2010 because of the unknown financial implications for metropolitan systems.) The city can either withdraw the current plan amendment or work out an appropriate extension of the current review with the Council staff. Two, the staff also recommends that the city submit a separate plan amendment for a limited MUSA expansion that will meet the city's short-term expansion needs while the 2010 amendment is being prepared. This strategy will give the city more flexibility in planning for its long range land use needs, and provide a basis for the orderly extension of sewers and other urban services consistent with the city's financial resources and metropolitan system plans. Both actions are discussed in more detail below. Preparation of the MUSA 2010 amendment will require additional time for the city to prepare due to the staff work involved and the local public review process. In order to address the city's short term.needs, the staff recommends that the city submit a limited plan amendment for the areas within the current amendment that are needed to provide.for the city's immediate residential development needs. The proposed land area should be consistent with the terms of the land trade contained in the interceptor agreement. Staff suggests the amendment include the removal of the 180-acres of industrial land as part of the land trade and the proposed land use changes for several parcels within the current MUSA that are contained in the current plan 230 East Fifth Street St.Paul,Minnesota 55101-1634 (612) 291-6359 Fax 291-6550 TDD/TTY 291-0904 Metro Info Line 229-3780 An Equal Opportunity Employer U Bilotta March 12, 1996 Page 2 amendment. Council approval of these items would allow the city to move forward with development of these areas. The staff will work with you to review this amendment expeditiously. Submittal of an amendment that is consistent with the land trade will minimize the issues that may hold up the review. The staff recommends that the city revise the proposed current amendment to address the city's long-term development needs through 2010. In accordance with the Council's adopted Regional Blueprint, local governments may propose staged MUSA expansions for 2010. The expansions would include a timing and staging element that indicates the areas to be served and the services to be provided by five year increments, ie. for 2000, 2005 and 2010, and 2020 if the city chooses. (Keep in mind that the Council is considering three options for future regional growth and will be updating its transportation and wastewater system plans by the end of 1996. These plans could affect local comprehensive plans.) As a first step in developing the 2010 amendment, our staff will work with the city to reach an agreement on population, household and employment forecasts for the appropriate time periods. I have sent you a copy of the Council's revised forecasts that have been mailed to all local governments for review. After we have reached an agreement on the forecasts, the staff will work with you to reach an agreement on the city's future land use needs for the same time periods. The plan amendment should indicate the specific areas, the timing and staging for areas to be developed and the services to be provided such as sewers and transportation for each area. Our staff will work with the city to identify the potential affects on metropolitan systems and the related issues and the solutions to these problems. The proposed services to be developed in the first five years should be contained in a revised city capital improvement program as part of the plan amendment. If there are any questions, please call Carl Schenk (291-6410). You , Thomas C. McElveen Deputy Director, Housing, Development and Implementation cc: Neil Peterson, Metropolitan Council District 5 Ed Bloom, Bob Davis and Jack Frost, Metropolitan Council staff ACTION REQUESTED Direct Staff to refer this item to the Planning Commission for consideration and recommendation. - 7c Rea-• • Iwo S9 Clry likao Honorable Mayor arid Council Members City of Shakopee Y. 129 S. Holmes Street Shakopee, Minnesota 55379-1351 March 11, 1996 RE: County Road 18; Noise Violations and Mitigation; City Liability. f Dear City Council Members: h I am an attorney-representing Joseph L. Kelly, a City of Shakopee resident. Mr. Kelly resides at 89-2p Eagle Creek Boulevard, which property abuts County,Road 18. As you know, Scott County plans to expand County Road 18 from its present state as a two lane roadway to a fourlane divided highway. I am writing to inform you that this project will have -a direct adverse affect on my client's - property, and that Scott County's proposed project will violate State environmental noise standards. This the County has admitted in court. In ' 1994, the City of "Shakopee gave its approval to Scott County expansion plans for County Road 18 . The City was aware at-the time of this approval that the project would violate an environmental standard. If this "project proceeds the City will be liable for all • property damages to my client attributed to the project. You, should be aware that at the present time damages are estimated in excess of $100,000. , On May 7, 1994, the Scott County District Court issued a permanent injunction that enjoined Scott County from initiating construction on the County Road 18 project. The injunction was supported by the court's written decision, declaring that because Scott County admitted that noise levels on the proposed County Road 18. project would exceed established Minnesota Pollution Control Agency noise standards, a permanent injunction had to be issued. , - PRINTED WITH SOY INK ON 100%RECY[LED PAPER CONTAINING 100%POST-CONSUMER WASTE.PLEASE RECYCLE. \ r • On or . about December 20, 1994, through Resolution 4127-, the Shakopee City Council approved Scott County's plans for County Road 18, , and also gave authori2aiion to enter into a cooperative agreement governing the project. At the time of the City's action, the City was aware of the-District Court's permanent injunction on the project. At the time of the City's action, the City was aware that Scott County had admitted that the project, as proposed, violated Minnesota Pollution Control Agency noise standards. At the time of the City's action, the City was -aware of its obligations under State law regarding noise control requirements, . to wit and in relevant part: Any municipality having authority to regulate land use shall take all reasonable measures within its jurisdiction to prevent the establishment, )i` latid. use activities listed in ... noise area classification (NAC). 1, 2, 3 in any location where the standards established in ; part 7030.0040 will be violated immediately upon establishment of the land 'use. Minnesota Rule. Sec. 7030.0030. NAC 3, includes- highways. At the time of the City's action in December, 1994, it had an established history and precedent regarding land use projects that - would violate environmental laws "immediately upon establishment of - the land use. " 'For instance, Resolution 3877, approved in October, 1993, required the developer of Meadows 9th Addition to construct a noise mitigation barrier to reduce the noise ixn act attributed-to the yet to be •constructed Shakopee Bypass. In February, 1995, through -Resolution- 4173, the City of Shakopee. required the developer of Homestead Ridge Second Addition to extend a Minnesota Department of Transportationberm an additional 245 - feet for noise mitigation purposes. The- mitigation measures were to' reduce the noise impacts of the , Shakopee .Bypass } Finally, as recently as August, 1995;.through .Resolution 4269, the City of Shakopee required the developer of Orchard Park, First Addition, to install a berm or other improvements "as identified by MNDQT and required by ordinance" to mitigate noise impacts from the Shakopee Bypass. Scott County is a developer, with a proposed project which will _ create a land use activity that will violate established environmental- noise standards. Unlike. previous developers, ,. however, whb seek to build homes closer to the source of the; noise impact, i.e. , the Shakopee Bypass, my client has an established • home on a ..significant valued piece of property. : It is Scott County/ as a developer, who seeks to bring the admitted noise violation land useprojectto my ' client's property. Therefore, pursuant to Minnesota Rule 7030.0030, the City is required to take 2 . J - _ reasonable measures to mitigate noise impacts from the construction of County Road 18. Despite the City's known obligations the City not only approved a land use project that it knew would violate- environmental' standards, the City also failed to require any mitigation of the . impact of that noise violation. Therefore, if Scott County obtains an order lifting the permanent, injunction, the City will be liable for 'damages attributed, to the City's wrongful acts. In short, the City h s engaged in willful wrongful -conduct, treating the County differently than all other developers to my client's detriment. The City 'has engaged in willful wrongful conduct in treating my client, as , a real property owner, , differently than other similarly situated homeowners. The City has refused to require Scott County to take reasonable mitigation measures, such as the construction of noise barriers, to reduce the foreseeable and acknowledged violation of noise standards due to the construction of the proposed County Road 18. Because the,City has released Scott County from obligations required of all other t developers and ,ad: a result will cause harm to my client's property interests while protectingthose similarly situated, the City has deprived my client of his constitutional rights' of equal protection,' due process and just ;compensation for the effective taking of his .property. A summons and complaint has been drafted regarding these issues. I have been authorized to serve the summons and complaint upon the City the moment Scott County obtains court authorization to initiate construction on County Road 18. Damages being sought will be in excess of $100,000. Nevertheless, my client and I believe that litigation is an avenue ' of last resort. There are measures that the City may take to , rectify these situations as they develop. I therefore implore the City to engage immediately in direct and,effective discussions with my client and myself to avoid costly litigation and resolve the impending civil liability of the City. This letter shall serve as notice of the intent to sue should the / parties fail to resolve their differences; Please call me if you have any questions, or wish to start ' meaningful discussions on ‘the issues 'at hand. e •urs, 410 J•h � b= • cc: Joseph L. kelly quip • • I _ . - . • • • • • • y 11 Memo To: Barry Stock, Acting City Administrator From: Julie Baumann, Planner I 1 0 Meeting Date: March 19, 1996 Re: Vacation of Right-of-Way Discussion The City has received a petition from Shakopee Services, Inc. for the vacation of right-of- way located on the west half of Cass Street between 3rd Avenue and 4th Avenue and the alley of Block 40, Original Shakopee Plat. Shakopee Services, Inc. is the owner of all the property included in Block 40, Original Shakopee Plat. A copy of the March 7, 1996, Planning Commission staff memo has been attached for your reference. At this meeting, the Planning Commission recommended approval of the vacation to the City Council. Alternatives 1. Approve the vacation request. 2. Do not approve the vacation request, stating the reasons for denial. 3. Continue the public hearing, and request additional information from the applicant and/or staff. Planning Commission Recommendation The PlanningCommission has recommended the approval of the vacation request PP q (Alternative No. 1). Action Requested Offer Resolution No. 4416, A Resolution Vacating Right-of-Way in Block 40, Original Shakopee Plat and the West Half of Cass Street Between 3rd Avenue and 4th Avenue, and move its approval. i:\commdev\cc\1996\cc0319\vacsser.doc RESOLUTION NO. 4416 A RESOLUTION OF THE CITY OF SHAKOPEE VACATING AN ALLEY IN BLOCK 40, ORIGINAL SHAKOPEE PLAT, AND THE WEST HALF OF CASS STREET BETWEEN 3RD AVENUE AND 4TH AVENUE WHEREAS, right-of-way has been dedicated along the western half of Cass Street between 3rd Avenue and 4th Avenue, and an alley measuring 16 feet in width and 300 feet in length in Block 40, Original Shakopee Plat, City of Shakopee, County of Scott, State of Minnesota; and WHEREAS, it has been made to appear to the Shakopee City Council that this right- of-way serves no public use or interest; and WHEREAS, the public hearing to consider the action to vacate was held in the Council Chambers of the City Hall in the City of Shakopee at 7:00 P.M. on the 19th day of March, 1996; and WHEREAS, two weeks published notice has been given in the SHAKOPEE VALLEY NEWS and posted notice has been given by posting such notice on the bulletin board on the main floor of the Scott County Courthouse, the bulletin board at the U.S. Post Office, the bulletin board at the Shakopee Public Library, and the bulletin board in the Shakopee City Hall; and WHEREAS, all persons desiring to be heard on the matter were given an opportunity to be heard at the public hearing in the Council Chambers in the City of Shakopee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. That it finds and determines that the vacation hereinafter described is in the public interest; and 2. That the following right-of-way in Block 40, Original Shakopee Plat, City of Shakopee, County of Scott, State of Minnesota, serves no further public need: (1) the western half of Cass Street between 3rd Avenue and 4th Avenue; and (2) the alley measuring 16 feet in width and 300 feet in length, located in the center of Block 40; and 3. That the right-of-way described above is hereby vacated; and 4. After the adoption of the Resolution, the City Clerk shall file certified copies hereof with the County Auditor and County Recorder of Scott County. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1996. Mayor of the City of Shakopee ATTEST: City Clerk APPROVED AS TO FORM: City Attorney 12 , CONSENT Memo To: Shakopee Planning Commission From: Julie Baumann, Planner I Meeting Date: February 8, 1996 Re: Vacation of Right-of-Way Site Information: Applicant: Shakopee Services, Inc. Property Owner: Shakopee Services, Inc. Location: West half of Cass Street between 3rd Avenue and 4th Avenue and the alley in Block 40, Original Shakopee Plat Current Zoning: Light Industrial (I-1) Adjacent Zoning: North: 1-2 Heavy Industrial South: R-1 C Old Shakopee Residential East: R-1 B Urban Residential 1-2 Heavy Industrial West: I-1 Light Industrial Comp. Plan: 1980: Medium Density Residential Draft 1995: Light Industrial MUSA: The site is within the MUSA and can be served by all municipal utilities. Introduction The City has received a petition from Shakopee Services, Inc., for the vacation of right-of- way located on the west half of Cass Street between 3rd Avenue and 4th Avenue and the alley of Block 40, Original Shakopee Plat. The City Council will hold a public hearing on March 19, 1996, to consider this vacation request. A recommendation from the Planning Commission is needed for the vacation process. Discussion Attached is a copy of the portion of the zoning map showing the location of the subject site (See Exhibit A). Also attached (as Exhibit B) is an illustration which shows the location of the right-of-way that is being proposed for vacation. The east half of Cass Street has already been vacated by Resolution No. 283. Shakopee Services, Inc. owns all of the property included in Block 40. Exhibit C is a copy of the letter submitted by the applicant. Other agencies and city departments have reviewed this application information and staff has not received any opposition to this request. The draft 1995 Comprehensive Plan has designated this area as Light Industrial. This vacation is not in conflict with the goals Of the Comprehensive Plan. Alternatives 1. Recommend to the City Council the approval of the vacation of right-of-way. 2. Recommend to the City Council to deny the request to vacate the right-of-way. 3. Table the decision to allow staff or the applicant time to provide additional information. Staff Recommendation Staff recommends Alternative No. 1. 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ESTABLISHED in 1962 February 12, 1996 Shakopee City Council 129 South Holmes Street Shakopee, Mn 55379 Dear Council Members, Shakopee Services, Inc. respectfully submits this application for the vacation of the west one half of Cass Street and alley of block 40. We are seeking this vacation in order to better utilize block 40, currently owned by the corporation, for expansion and allow it to be used in a more uniform and contiguous manner with blocks 41 and 42 which are also owned by the corporation. Your consideration is greatly appreciated. spectfully, /n- M C447) /Lai J an M. Marschall Secretary/Treasurer 730 West Third Avenue Shakopee Minnesota 55379 (612)441-1166 'Ct Memo To: Barry Stock, Acting City Administrator From: Julie Baumann, Planner I y/1ReMeeting Date: March 19, 1996 '11,"'°- Re: : Final Plat of Westridge Lake Estates 2nd Addition Discussion Darrell Gonyea of Gonyea Land Company is requesting approval of the Final Plat for Westridge Lake Estates 2nd Addition. The subject site is located north of County Road 14 and south of Lake O'Dowd. A copy of the March 7, 1996, Planning Commission staff memo has been attached for your reference. At this meeting, the Planning Commission recommended approval of the Final Plat for Westridge Lake Estates 2nd Addition to the City Council. Staff has researched the park dedication fee requirements and has determined that $714.36 per lot shall be the fee. The park dedication payments may be deferred to the time of the issuance of the Building Permit. Alternatives 1. Approve the Final Plat of Westridge Lake Estates 2nd Addition, subject to conditions. 2. Revise the conditions of approval for the Final Plat of Westridge Lake Estates 2nd Addition, and approve subject to the revised conditions. 3. Do not approve the Final Plat of Westridge Lake Estates 2nd Addition. 4. Table action on this item and request additional information from the applicant and/or staff. Planning Commission Recommendation The Planning Commission has recommended the approval of the Final Plat of Westridge Lake Estates 2nd Addition, subject to conditions (Alternative No. 1). Action Requested Offer Resolution No. 4417, A Resolution Approving the Final Plat of Westridge Lake Estates 2nd Addition, and move its approval. i:\commdev\cc\1996\cc0319\fpwle2.doc RESOLUTION NO. 4417 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPROVING THE FINAL PLAT FOR WESTRIDGE LAKE ESTATES 2ND ADDITION WHEREAS, the Planning Commission of the City of Shakopee did review the Final Plat for Westridge Lake Estates 2nd Addition on March 7, 1996, and has recommended its approval; and WHEREAS, all notices of the public hearing for the Preliminary Plat were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That the Final Plat for Westridge Lake Estates 2nd Addition, described as: Outlots L, M, N, 0, and P, Westridge Lake Estates 1st Addition, City of Shakopee, County of Scott, State of Minnesota is hereby approved subject to the following conditions: 1. Satisfaction of the conditions placed on the site during the Preliminary Plat and Planned Unit Development (PUD) approval process. 2. Approval of title opinion by the City Attorney. 3. Execution of a Developer's Agreement for construction of required public improvements: a) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. b) Water system to be installed in accordance with the requirements of Shakopee Public Utilities Commission. c) Cash payment in lieu of park dedication shall be required. (This amount would be $714.36 per lot based on a 40% credit for open space). The park dedication payments may be deferred to the time of the issuance of the Building Permit. 4. The homeowners association will be responsible for maintenance of the common facilities. The common water system must comply with the requirements established by the Shakopee Public Utilities Commission. This water system can only serve properties within the PUD. 5. No direct access from lots onto CSAH 14 will be permitted. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute said Plat and Developer's Agreement. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1996. Mayor of the City of Shakopee ATTEST: City Clerk APPROVED AS TO FORM: City Attorney 11 . CONSENT • Memo To: Shakopee Planning Commission From: Julie Baumann,Planner I r Meeting Date: March 7, 1996 Re: Final Plat of Westridge Lake states 2nd Addition Site Information: Applicant: Westridge Bay Company Location: North of County Road 14 and south of Lake O'Dowd Current Zoning: Rural Residential(RR)with Shoreland Overlay Zone(S) Adjacent Zoning: North: Agricultural Preservation (AG) South: Rural Residential (RR) East: Agricultural Preservation (AG) West: Louisville Township Comp.Plan: 1980: Rural Residential Draft 1995.: Future Urban Area Area: 20.70 Acres MUSA: The site is not within the MUSA and can not be served by municipal utilities Introduction Darrell Gonyea of Gonyea Land Company is requesting approval of the Final Plat for Westridge Lake Estates 2nd Addition. The subject site is located north of County Road 14 and south of Lake O'Dowd (See Exhibit A). Considerations The Westridge Lake Estates Planned Unit Development and Preliminary Plat was approved by the City Council on August 17, 1993. The entire development is composed of 129.18 acres of land. At this time the applicant is proposing to final plat fifteen(15) single family residential lots(Please see Exhibit B). The final plat, as submitted, is in substantial conformance with the preliminary plat and the Planned Unit Development(PUD). The streets affecting the portion proposed for final plat approval have already been constructed and requirements regarding individual septic treatment systems have been satisfied. Cash payment in lieu of park dedication shall be required. Using the assessed value for the property, staff has calculated the park dedication requirements to be approximately $1,750 per acre. Based on the 1993 appraisal for Westridge Lake Estates 1st Addition, park dedication requirements were approximately $5,505 per acre. Based on this $3,755 difference, staff will be recommending to City Council that the City hire an appraiser to determine the value of the property. Park dedication payments may be deferred to the time of the issuance of the Building Permit, if the developer submits a request for the deferrment to staff. Alternatives 1. Recommend to the City Council approval of the Final Plat of Westridge Lake Estates 2nd Addition, subject to conditions. 2. Modify the recommended conditions, and recommend to the City Council approval of the Final - Plat, subject to the revised conditions. 3. Recommend to the City Council the denial of the Final Plat, stating the reasons for denial. 4. Table the decision to allow staff and/or the applicant to provide additional information. Staff Recommendation Staff recommends Alternative No. 1, to recommend to the City Council approval of the Final Plat of Westridge Lake 2nd Addition, subject to the following conditions: The following procedural actions must be completed prior to the recording of the Final Plat: 1. Approval of title opinion by the City Attorney. 2. Execution of a Developer's Agreement for construction of required public improvements: a) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. b) Water system to be installed in accordance with the requirements of Shakopee Public Utilities. c) Cash payment in lieu of park dedication shall be required. The park dedication payments may be deferred to the time of the issuance of the Building Permit. 3. The homeowners association will be responsible for maintenance of the common facilities. The common water system must comply with the requirements established by the Shakopee Public Utilities Commission. This water system can only serve properties within the PUD. 4. No direct access from lots onto CSAH 14 will be permitted. Action Requested Offer a motion to recommend to the City Council the approval of the Final Plat for Westridge Lake Estates 2nd Addition subject to conditions, and move its approval. i mmdevlboaa-pc11996\ma:07pc\fpwsrd2.doc . -JR.• . i c EXHIBIT A __ • II ..A yaw AG �- ,, '1 i.. , n • _ Z AG RR 1 AG ,`. RR' 'I uL= RR IP 3 1111— i< �. V AG // O'DOvD . AG lam ., • RR LEGEND • I Fri C....R• �J a j•'. r.der!yrnQ Zones i -. _.7 tgricuiture RR I iiii� I R R rag __ i R::rcI ties;c'ent:.rl �. -71 i Lc Density Residen;icl AG �� ii 6 -5-C1711. 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'' •' 1 1 0 `t 1 I a 1$ i ( a _� ` I 1I I 1!: I rM.6CCCC O S s 0,1:I 3.BCLCC.60 N I - I e• ,.w^ 1 Z Z 1.11110 ��'lt PP' ? 1 n0 O r L�-���� n;�n. -1 I Z m t. i. I l'J o T / t: 11. i Zeh ' / tet.,) n cn J, _ ----------H '-1_ m Z ,g I ,,,� I %��;, y rn � —� =' I M �o I W 40 a '11 e" C.- fin! .. . 11E SOUTH tIM Of THE SOUTHWEST 114 Of SWC1101110.T.I OK R.UUW\ COUNTY ROAD NO. '14 .RRA N n ,-" SI^ (I) I Ui ,xiM �� m = Yl$ P p'i Cn inn: 1 a Memo To: Barry Stock, Acting City Administrator From: Julie Baumann, Planner I Meeting Date: March 19, 1996 ��► Re: Pinewood Estates Planned Unit Development Discussion Dale Dahlke, President of Barrington Corporation, has submitted an application for approval of Pinewood Estates Planned Unit Development (PUD). The project proposes a mixture of uses, including single family homes, twinhomes, and townhomes. The subject site is located south of 4th Avenue and west of Shenandoah Drive. A copy of the March 7, 1996, Planning Commission staff memo has been attached for your reference. At this meeting, the Planning Commission recommended approval of the Planned Unit Development, subject to conditions, to the City Council. Alternatives 1. Approve Pinewood Estates Planned Unit Development, subject to conditions. 2. Modify the conditions, and approve Pinewood Estates Planned Unit Development, subject to the revised conditions. 3. Do not approve Pinewood Estates Planned Unit Development. 4. Table action on this item, and request additional information from staff and/or the applicant. Planning Commission Recommendation The Planning Commission has recommended the approval of Pinewood Estates Planned Unit Development (Alternative No. 1). Action Requested Offer Ordinance No. 449, and move its approval. Note: Ordinance No. 449 will be provided on the table. is\com mdev\cc\1996\cc0319\pud pnwd.doc 7 Memo To: Shakopee Planning Commission From: Julie Baumann, Planner I Niif Meeting Date: March 7, 1996 Re: Pinewood Estates Planned Unit Development Site Information Applicant: Barrington Corporation Location: South of 4th Avenue and west of Shenandoah Drive Current Zoning: Urban Residential(R-1B) Adjacent Zoning: North Highway Business (B-1) Light Industrial (I-1) South Urban Residential (R-1B) East Major Recreation (MR) ' West Urban Residential (R-1B) Agricultural Preservation (AG) Introduction Dale Dahlke, President of Barrington Corporation, has submitted an application for approval of Pinewood Estates Planned Unit Development (PUD). The subject site is located south of 4th Avenue and west of Shenandoah Drive, and is zoned Urban Residential (R-1B) (Please see Exhibit A). The Planning Commission reviewed the concept plan for this proposal at its June 8, 1995, meeting. The proposed planned unit development would contain a mixture of single family residences, twinhomes, and townhomes on approximately 35.5 lacres, for a gross density of 2.73 lots per acre (Please see Exhibit B). Also attached is Exhibit C,which is a letter from the applicant describing the proposed project. Considerations 1) The purpose of the Planned Unit Development Overlay Zone (PUD) section of the Zoning Ordinance is "to encourage innovation, variety, and creativity in site planning and architectural design; to maximize development compatibility to encourage the planning of large parcels of land as a unit; to provide for greater efficiency in the use of land, streets, and energy; to protect important natural and cultural landscape features; to preserve open space; and to provide quality living, working, shopping, and recreating environments for residents and visitors' 2) The draft 1995 Comprehensive Plan has designated this area for single family residential development. 3) The subject site is 35.51 acres in size. The developer is proposing the following uses within the proposed development: • 37 single family residential lots • 10 twin homes (20 dwelling units) • 10 townhomes (40 dwelling units) • Open space area. 4) The total lot area is 17.25 acres (751,409 square feet) and the open space area is 13.03 acres(567,700 square feet). 5) In order to develop the site as proposed and to assure public street access for all lots, the twin home area (currently Blocks 4 through 9) shall be platted as either one lot with 2 driveway accesses or as 2 lots, each having its own driveway access. 6) In order to develop the site as proposed, the applicant would need to receive approval of the following variances from the Zoning Ordinance. • A 28 foot variance to the minimum lot width for Lots 1 to 4, Blocks 10 through 13 and Blocks 15 through 20 (allowing a minimum lot width of 32 feet). • A 10 foot variance to the side yard setback for the areas currently identified as Lots 1 through 4, Blocks 10 through 13 and Blocks 15 through 20 (allowing a setback of zero feet). Staff Recommendation Staff recommends approval of Pinewood Estates Planned Unit Development, subject to the following conditions: 1. A 28 foot variance to the minimum lot width for Lots 1 to 4, Blocks 10 through 13 and Blocks 15 through 20 (allowing a minimum lot width of 32 feet) is granted. 2. A 10 foot variance to the side yard setback for the areas currently identified as Lots 1 through 4, Blocks 10 through 13 and Blocks 15 through 20 (allowing a setback of zero feet) is granted. 3. A revised Planned Unit Development drawing be submitted prior to approval by the City Council that eliminates any lines indicating the placement of proposed structures. 4. The perpetual maintenance of all open space/outlot areas shall be provided for by a Homeowners Association, in a form approved by the City Attorney. 5. Lots without public street frontage shall be redrawn, so as to have sufficient street frontage to satisfy City Code requirements, prior to the approval of the Preliminary Plat for this area. 6. Building permits shall not be issued for areas currently identified as Lots 1 through 7, Block 14 and Lots 1 through 4, Blocks 16 through 20, until such time as Eastway Avenue has been constructed. 7. The Planned Unit Development shall provide a minimum of twenty (20) percent open space in addition to the ponding areas. 2 8. The following uses are allowed in the following areas per the Planned Unit Development Plan: • Single family residential use is allowed on Lots 1 through 14, Block 1; Lots 1 through 8, Block 2; Lots 1 through 8, Block 3; and Lots 1 through 7, Block 14. • Twin home use is allowed on areas currently identified as Lots 1 and 2, Block 4; Lots 1 through 6, Block 5; Lots 1 and 2, Block 6; Lots 1 and 2, Block 7; Lots 1 through 6, Block 8; and Lots 1 and 2, Block 9. • Townhome use is allowed on Lots 1 through 4, Blocks 15 through 20. Alternatives 1. Recommend to the City Council the approval of Pinewood Estates Planned Unit Development, subject to conditions. 2. Recommend to the City Council the approval of Pinewood Estates Planned Unit Development, subject to revised conditions. 3. Recommend to the City Council the denial of Pinewood Estates Planned Unit Development. 4. Table a decision in order to allow the applicant and/or staff time to provide additional information. Action Requested Recommend to the City Council the approval of Pinewood Estates Planned Unit Development, subject to conditions, and move its approval. i:\commdev\boaa-p c\19 96\maro7pc\pinepud.doc 3 EXHIBIT A • r - ,...mmip.„,,,,, . lor "[� RATLV�Y ______ ___' calwcsiER- I` i ...-------", 0.k:ego __________,.....____„_ \ . , 1 i ! 1 s \___JII s 12 I o c ac I1 i. H SUBJECT SITE - i Y 4TH AVE. 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I 1 l� ! - _ cat--ar • • EXHIBIT C February 9, 1996 City of Shakopee Mayon City Council Planning Commission City Staff Re: Planned Unit Development Application for Pinewood Estates Dear Mayor, The Planned Unit Development submitted here is the same PUD that was presented for concept review on June 9th, 1995. At that time,there was a problem with the title on the property which has taken until now to clear. I can confirm that the entire 35 acres now has clear title and that title insurance has been purchased on the property. This proposal, as previously reviewed in the concept plan by city staff and the planning commission, is submitted to show a blend of single family housing,twinhomes, and 4 unit townhouses. The area contains approximately 35 acres which will be developed in two phases. The first phase,to be constructed in 1996, will be all the lots north of the large open space area. The second phase south of the open space will be constructed as soon as a joint street project can be worked out with the landowners to the south of our project. This street will connect Sienna's project to Shenandoah Drive. It is our intention to plat the entire 35 acres and begin phase one as soon as the PUD and final plat are approved. The property has many pine trees and we have designed the project to save as many as possible and move what we can from the street areas. We are expecting to landscape and fence along Shenandoah Drive and fence along the ballroom property. Submitted with this cover letter are various maps,plans, permits and covenants for the plat. Your ideas and suggestions will be appreciated as we would like to proceed with the PUD and final plat as soon as possible. Sincerely, a'1 Dale F. Dahlke President Barrington Corporation • 1-.11 • W V „„:..r. 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DATE: March 19, 1996 � RE: Pinewood Estates Planned Unit Development DISCUSSION When preparing the memo for Planning Commission regarding this Planned Unit Development, staff inadvertently omitted the following information: 1. Areas designated for townhome use in the memo included Lots 1 through 4, Blocks 15-20. Lots 1 through 4, Blocks 10 through 13 should also have been included. 2. A condition recommending that building permits not be issued for Lots 1 through 7, Block 14 and Lots 1 through 4, Blocks 16 through 20, until such time as Eastway Avenue has been constructed. This conditions should have read Lots 1 through 7, Block 14 and Lots 1 through 4, Blocks 15 through 20. The necessary changes have been included in Ordinance No. 449, Approving the Pinewood Estates Planned Unit Development, that has also been placed on the table. Alternatives 1. Approve Pinewood Estates Planned Unit Development, subject to conditions. 2. Modify the conditions, and approve Pinewood Estates Planned Unit Development, subject to the revised conditions. 3. Do not approve Pinewood Estates Planned Unit Development. 4. Table action on this item, and request additional information from staff and/or the applicant. Planning Commission Recommendation The Planning Commission has recommended the approval of Pinewood Estates Planned Unit Development (Alternative No. 1). Action Requested Offer Ordinance No. 449, and move its approval. i:\commdev\cc\1996\cc0319\pudrev.doc ORDINANCE NO. 449, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING THE ZONING MAP ADOPTED IN CITY CODE SEC. 11 . 03 BY REZONING LAND COMMONLY KNOWN AS THE SOUTHWEST CORNER OF 4TH AVENUE AND SHENANDOAH DRIVE, BEHIND THE SHAKOPEE BALLROOM, FROM R-1B TO PLANNED UNIT DEVELOPMENT OVERLAY ZONE NO. 8 . WHEREAS, the owners of the land described on Exhibit A, commonly known as the southwest corner of 4th Avenue and Shenandoah Drive, behind the Shakopee Ballroom, submitted an application requesting rezoning from R-1B to Planned Unit Development Overlay Zone No. 8; and WHEREAS, notices were duly sent and posted, and a public hearing was held on March 7, 1996, at which time all persons present were given an opportunity to be heard; and WHEREAS, the Planning Commission voted to recommend approval of the rezoning request to the City Council . 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 on Exhibit A, commonly known as the southwest corner of 4th Avenue and Shenandoah Drive, behind the Shakopee Ballroom, submitted an application requesting rezoning from R-1B to Planned Unit Development Overlay Zone No. 8 . Section 2 - That all provisions of City Code Chapter 11, Zoning, shall apply to this zone, except as modified below. 1 . The following variances are approved: A. A 28-foot variance to the minimum lot width for Lots 1 to 4, Blocks 10 through 13, and Blocks 15 through 20, to allow a minimum lot width of 32 feet . B. A 10-foot variance to the side yard setback for the areas currently identified as Lots 1 through 4, Blocks 10 through 13 and Blocks 15 through 20, to allow a setback of zero feet . 2 . Residential uses are restricted to the following: A. Single family residential use is allowed on Lots 1 through 14, Block 1; Lots 1 through 8, Block 2; Lots 1 through 8, Block 3; and Lots 1 through 7, Block 14 . B. Two-family residential use is allowed on areas currently identified as Lots 1 and 2, Block 4; Lots 1 through 6, Block 5; Lots 1 and 2, Block 6; Lots 1 and 2, Block 7, Lots 1 through 6, Block 8; and Lots 1 and 2, Block 9 . C. Multiple-family residential use, in the form of townhomes, is allowed on Lots 1 through 4, Blocks 10 through 13, and Lots 1 through 4, Blocks 15 through 20 . 3 . The following procedural actions must be taken: A. The perpetual maintenance of all open space and outlot areas shall be provided for by a Homeowners' Association, in a form approved by the City Attorney. B. Lots without public street frontage shall be redrawn, so as to have sufficient street frontage to satisfy City Code requirements, prior to the approval of the Preliminary Plat for'the land being rezoned. C. Building permits shall not be issued for areas currently identified as Lots 1 through 7, Block 14 and Lots 1 through 4, Blocks 15 through 20, until such time as Eastway Avenue has been constructed. D. The Planned Unit Development shall provide a minimum of twenty (20) percent open space in addition to the ponding areas . E. A Development Agreement stating the conditions of approval of the PUD must be filed with the Scott County Recorder. 4 . The Mayor and City Clerk are hereby authorized and directed to execute the Development Agreement for the Planned Unit Development . Section 3 - Effective Date. This ordinance becomes effective from and after its passage and publication. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1996 . Mayor of the City of Shakopee Attest : City Clerk Approved as to form: i/ar ' • S/ � �� City Attorney Published in the Shakopee Valley New- the day of , 1996 . [15 PLNORD] -2- EXHIBIT A That part of the Northeast Quarter of the Southwest Quarter of Section 5, Township 115, Range 22, lying westerly of Prahmcoll First Addition, according to the recorded plat thereof on file and or record in the Office of the County Recorder in and for Scott County, Minnesota. That part of the North 2 rods of the Southeast Quarter of the Southwest Quarter of Section 5, Township 115, Range 22, lying westerly of Prahmcoll First Addition, according to the recorded plat thereof on file and of record in the Office of the County Recorder in and for Scott County, Minnesota. The East 2 rods of the West Half of the Southwest Quarter of Section 5, Township 115, Range 22, EXCEPTING therefrom that part lying southerly of the North 2 rods of the East 2 rods of the Southwest Quarter of the Southwest Quarter of Section 5, Township 115, Range 22. Outlot A, Prahmcoll First Addition, according to the Plat thereof on file or of record in the office of the County Recorder, in and for Scott County, Minnesota. MEMO TO: Barry Stock, Acting City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Authorization of Engineering Surveying Services for Vierling Drive, Project No. 1995-6 DATE: March 12, 1996 MEETING DATE: March 19, 1996 INTRODUCTION: This item is to consider authorizing WSB & Assoc. to provide the construction surveying services for Vierling Drive, from County Road (C.R.) 79 to C.R. 77, Project No. 1995-6. Attached is a proposal letter from WSB &Assoc. on this engineering service. BACKGROUND: The City of Shakopee Engineering Department has designed the Vierling Drive street improvements from C.R. 79 to C.R. 77 and will be constructing this improvement shortly. In the past, the City of Shakopee has utilized consulting engineering firms to provide surveying services in the design and construction of its public improvement projects. City staff does the inspection of public improvement projects with assistance in construction administration as necessary from consultants. Vierling Drive Improvement Project No. 1995-6 was awarded to F.M. Frattalone on March 12, 1996. Construction will start soon and the City needs to authorize an engineering firm to provide the surveying service. City staff has recently completed a consultant selection process in which three consultants were prequalified with the primary consultant recommended by staff to be WSB & Assoc. This firm utilizes the surveying firm of Peters, Price and Samson from Savage, MN in its surveying work and staff is recommending that the City enter into an agreement for the surveying services for this project. In authorizing construction surveying services, it is common to pay for this service on an hourly basis due to the variability of weather and contractor operations. This work is estimated to be approximately $12,500.00 which is 2.37% of the construction cost. An agreement between the City and the consultant needs to be entered into for general engineering services. This agreement is being prepared by the City Attorney and will be placed on the table. If any Council member is interested in reviewing the agreement prior to the Council meeting, a copy will be available on March 18, 1996 in the City Engineer's office. An extension agreement is then necessary for this specific project work being requested in this memo and requires Council authorization. ALTERNATIVES: 1. Move to authorize the appropriate City officials to execute a contract agreement with WSB &Assoc.,Inc. for municipal engineering services. 2. Move to authorize the appropriate City officials to execute an extension agreement with WSB &Assoc., Inc. for the construction surveying services for Vierling Drive, from C.R. 79 to C.R. 77. 3. Do not authorize the execution of a contract with WSB &Assoc. for this engineering service proposal. 4. Table for additional information. RECOMMENDATION: Staff recommends Alternative No.'s 1 & 2, to authorize the appropriate City officials to enter into a contract agreement with WSB & Assoc., Inc. for municipal engineering services and the construction surveying services on Vierling Drive, Project No. 1995-6. ACTION REQUESTED: 1. Move to authorize the appropriate City officials to execute a contract agreement with WSB &Assoc., Inc. for municipal engineering services. 2. Move to authorize the appropriate City officials to execute an extension agreement with WSB &Assoc., Inc. for the construction surveying services for Vierling Drive, from C.R. 79 to C.R. 77, Project No. 1995-6. BL/pmp SURVEY Mar-14-96 12 : 17P WSB & ASSOC. INC. 612 541-1700 P.02 B.A.Mittelsteadt.P.F.. 350 Westwood Lake Office Bret A.We, .P.F.. N'.$ 8441 Wayzata Boulevard Peter K.Willenbring.P.T. Minneapolis, MN 55426 Donald W.Sterna.P.F. Ronald B.Bray,P.E. 612-541-4800 &Associates,Inc. FAX 541-1700 March 13, 1996 Mr. Bruce Loney, P.E. Public Works Director/City Engineer City of Shakopee 129 Holmes Street South Shakopee, MN 55379-1376 Re: Estimate of Cost to Provide Construction Surveying Services Vierling Drive WSB Project No. 1014.03 Dear Mr, Loney: According to our Agreement for Professional Services within the City of Shakopee and Section I-C-2 (Major Projects), this extension agreement is written to provide you with an estimate of cost for construction surveying services for the above-referenced project. The surveying needs for this project will include computations to complete a radial stake-out, establishment of horizontal and vertical control, centerline grade staking,curb and gutter stakes, storm sewer staking,and development of cut sheets and computations by the party chief. We are proposing to complete this work on a cost-reimbursable basis with an estimated cost of$12,500. As you are aware,construction staking is somewhat variable depending on the contractor and the actual field conditions. Consequently, it is anticipated that the actual survey cost will be determined according to the actual hours necessary to stake the project. We are available to begin developing the control for this project as soon as it is approved and took forward to the opportunity to serve you. The City of Shakopee agrees to reimburse WSB for these services in accordance with Section IV of the Agreement for Professional Services. If this agreement meets with your approval, please sign below and return one copy to our office. Sincerely, WSB& Associates,Inc. (344E,„lc._ Bret A. Weiss, P.F. Project Manager Acting City Administrator City Clerk Mayor Date c: Bob Peters, Peters, Price& Samson File Infrastructure'Engineers•Planners ii,iii•n. EQUAL OPPORTUNnYrMPI )YF.R iwuiwi. /D a CONSULTANT CONTRACT THIS AGREEMENT, made and entered into this day of , 1996, by and between the City of Shakopee, a municipal corporation of the State of Minnesota, hereinafter referred to as the "City" with offices at 129 S . Holmes Street, Shakopee, Minnesota, and WSB & Associates, Inc . with offices at 350 Westwood Lake Office, 8441 Wayzata Boulevard, Minneapolis, MN 55426, hereinafter referred to as the "Consultant . " WITNESSETH: THAT, WHEREAS, the City of Shakopee desires to engage the Consultant, upon written authorization as hereinafter specified, to perform services as hereinafter provided; which are in accordance with the project scope and any addenda thereto, which scope of services by this Consultant together with addenda, if any, shall become a part of this Agreement; 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 : SECTION I . BASIC SERVICES OF THE CONSULTANT. A. The Consultant agrees to perform professional services in connection with projects as hereinafter stated. Special Conditions, maps, and drawings shall be referred to where applicable . B. The Consultant shall serve as the City' s professional consultant in phases as specified, and shall give consultation and advice to the City during the performance of its services. C. The City shall divide work into two categories : Minor Projects and Major Projects . Minor Projects are expected to cost less, utilize less expertise, or take less time than Major Projects . 1 . Minor Projects . The work to be performed by the Consultant for Minor Projects may be specified verbally or in writing, but shall be confirmed in writing by the City Administrator within five (5) days and are subject to City Council authorization. All Minor Project work shall be billed at the hourly rates specified in Exhibit A attached hereto and incorporated into this Agreement . The value of Minor Project work shall not exceed $500 . 00 for each project . 2 . Major Projects . The work to be performed by the Consultant for Major Projects shall be specified in a written Extension Agreement which sets forth all special conditions and requirements not otherwise provided for in this Agreement . Each Extension Agreement is subject to City Council authorization. The payment and fee schedule for Major Project work shall be established in the Extension Agreement . D. Time of performance. The services to be performed by the Consultant under this Agreement shall be commenced and completed in accordance with Extension Agreements, which shall each incorporate and be governed by this Agreement . E. Confidentiality. Any non-public reports, data, or similar in- formation 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. F. Liability and Indemnity. The parties mutually agree to the following: 1 . The Consultant shall hold the City harmless and agrees to defend and indemnify the City, its employees and agents, for any claims, damages, losses, and expenses due to Consultant' s negligent or wrongful acts or omissions . 2 . The Consultant assumes full responsibility for relations with subcontractors, and shall hold the City harmless and shall defend and indemnify the City, its employees and agents, for any claims, damages, losses, and expenses in any manner caused by such subcontractors, arising out of or connected with this contract . G. Insurance . The Consultant shall procure and maintain during the life of this Contract, and provide the City with a certificate of insurance showing, the following coverage : 1 . Comprehensive General Liability Insurance, including Broad Form Property Damage, Completed Operations and Contractual Liability for limits not less than $600, 000 each occurrence for damages of bodily injury or death to one or more persons and $600, 000 each occurrence for damage to or destruction of property. 2 . Insurance coverage for Special Hazards, including but not limited to explosion hazard, collapse hazard, underground property damage hazard, (commonly known as XCU) . 2 3 . Comprehensive Automobile Liability Insurance, in an amount not less than $100, 000 for each person for bodily injury or death; $300, 000 for each accident for all damages of bodily injury or death to two or more people; and $50, 000 for each occurrence for property damage . Coverage shall include all owned autos, non-owned autos, and hired autos . 4 . Errors and Omissions Insurance against errors and omissions resulting from the performance of Consultant' s work under this Agreement . Said coverage shall be in an amount not less than $1, 000, 000 . 5 . Workmen' s Compensation insurance for all its employees as required by the Minnesota Worker' s Compensation Act . 6 . The City of Shakopee must be named as "ADDITIONALLY NAMED INSURED" on the insurance described in paragraphs 1, 2, and 3, and must receive notice ten (10) days prior to the cancellation or expiration of any of the specified insurance . If the deductible provisions of the Consultant' s coverage or any subcontractor' s coverage is questioned by the City, the Consultant shall provide the City, upon request, "Proof of Assets" . 7 . Subcontractors : In case any or all of this work is subcontracted, the Consultant shall require the subcontractor to procure and maintain insurance which meets the above requirements . The Consultant shall obtain certificate (s) of insurance indicating this before allowing the subcontractor to commence operation of the project . H. All of the services contemplated under this Agreement are personal and shall not be assigned, sublet or transferred without the prior written consent of the City. I . The Consultant certifies that it has received a Certificate of Compliance from the Commissioner of Human Rights pursuant to Minnesota Statutes, 1981 Supplement, Section 363 . 073 . J. 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, disability, sexual orientation, age, marital status, or status with regard to public assistance, against any employee of Consultant or applicant for employment, and shall include a similar provi- sion in all subcontracts let or awarded hereunder. K. 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 3 services to be performed under this Contract . The Consultant further covenants that in the performance of this Contract no person having such interest shall be employed. SECTION II . THE CITY' S RESPONSIBILITIES . A. The City shall provide full information, including a detailed description of the scope, for the projects . B. The City will provide the Consultant with access to available information pertinent to the sites of the projects, including previous reports and any other data relative to design or construction of the projects . C. The City will give prompt notice to the Consultant whenever the City observes or otherwise becomes aware of any defect in a project . D. The City will obtain approval of all governmental authorities having jurisdiction over the projects and such approvals and consents from such other individuals or bodies as may be necessary for completion of the projects. E. The City will furnish, or direct the Consultant to provide at the City' S expense, necessary additional services . SECTION III . GENERAL PROVISIONS. A. This Agreement does not guarantee to the Consultant any work except as authorized in accordance with Section I above, or create an exclusive Consulting Contract . B. The City, may from time to time, require changes in the scope of the services of the Consultant to be performed herein. Such changes, including any increase or decrease in the amount of the Consultant' s compensation, which are mutually agreed upon by and between the City and the Consultant, shall be incorporated in written Change Orders or Extensions to this Contract . C. Period. This Agreement shall be effective until January 1, 1999, unless terminated earlier as provided herein. D. The Consultant is an independent contractor and nothing con- tained 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. Neither the Consultant nor Consultant' s employees shall be entitled to any of the benefits established for the employees of the City nor be cov- ered by the Worker' s Compensation Program of the City. 4 E. The drawings, calculations, specifications, estimates, etc. , produced by the Consultant under the terms of this Agreement, when accepted and paid for by the City, shall become the property of the City. This provision shall not preclude the Consultant from retaining copies of such materials for its records . Notwithstanding the foregoing, the City shall indemnify and hold Consultant harmless from any claim or liability for injury or loss arising from or alleged to be arising from the subsequent unauthorized reuse of such materials without having first obtained the Consultant' s written approval . In no event shall reuse be deemed to occurred where the materials have been used on the project for which they are intended. F. Whenever possible, the period of performance of any specific project undertaken by the Consultant shall be mutually determined by the City and the Consultant prior to the time that notice to proceed on such work is given by the City. G. Laws . The Consultant, at all times, shall observe all federal, state, and local laws, and all rules and regulations issued pursuant thereto, which in any manner affect or govern the work contemplated under this Agreement . H. 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. I . This Agreement and every question arising hereunder shall be construed or determined according to the laws of the State of Minnesota. SECTION IV. PAYMENT AND FEE SCHEDULE. A. The City shall pay the Consultant for services furnished, and the Consultant shall accept as full payment, the sum described in the following paragraph. This sum shall include all services rendered by the Consultant under this Agreement (including all travel, living and overhead expenses incurred by the Consultant in connection with performing the services herein) except for special services authorized in writing by the City. The sum stipulated shall be considered a "Not to Exceed" cost to the City. B. The "Sum Not to Exceed" will contain two parts : (1) the negotiated sum for the Preliminary Report, and (2) the negotiated sum for the preparation of contract documents . Negotiations for the preparation of contract documents will be completed after City Council approval of the Preliminary 5 Report and authorization to proceed. The Consultant shall keep track of the costs billable under this Contract at all times; any work in excess of the negotiated sum shall not be eligible for payment . The Consultant shall notify the City if Consultant anticipates that the negotiated sum may be exceeded, in order to determine whether or not the City is prepared to increase the compensation. C. The Consultant will bill the City monthly. The monthly billing will summarize the progress of the project as certified by the consultant . The City will pay the Consultant within thirty (30) days after receipt of the bill . SECTION V. TERMINATION OF CONTRACT. A. Termination of Contract For Cause . If, through any cause (except those reasonably beyond Consultant' s control) , the Consultant shall fail to fulfill in timely and proper manner its obligations under this Contract, or if the Consultant shall violate any of the covenants, agreements, or stipulation 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 date of termination. In that event the Consultant shall have sixty (60) days to furnish all finished or unfinished documents, computer programs, data, studies, surveys, drawings, maps, models, photographs, and reports or other material prepared by the Consultant under this Contract, which shall, at the option of the City, become its property, and the Consultant shall be entitled to receive just, equitable compensation for any satisfactory work completed on such documents and other materials prior to the effective date of termination. B. Liability. Notwithstanding the above, the Consultant shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Contract by the Consultant, and the City may withhold any payments to the Consultant for the purpose of setoff until such time as the exact amount of damages due the City from the Consultant is determined. C. City' s Right to Proceed. In the event this Contract is ter- minated for cause, then the City may take over and complete the work, by contract or otherwise, and the Consultant and its sureties shall be liable to the City for any costs over the amount of this Contract thereby occasioned by the City. In any such case the City may take possession of, and utilize in completing the work, such materials, appliances and structures as may be on the work site and are necessary for completion of the work. The foregoing provisions are in addition to, and 6 not in limitation of, any other rights which the City may have . D. Termination Not For Cause. The City may terminate this Contract at any time, with or without cause, by giving written notice to the Consultant of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. In that event, the Consultant shall have sixty (60) days to furnish all finished or unfinished documents, computer programs, data, studies, surveys, drawings, maps, models, photographs, and reports or other material prepared by the Consultant under this Contract, which shall, at the option of the City, become its property. If the Contract is terminated by the City as provided in this paragraph, the Consultant will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the Consultant covered by this Contract, less payments or compensation previously made . IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. WSB & ASSOCIATES, INC. CONSULTANT CITY OF SHAKOPEE, MINNESOTA Authorized Signature Jeff M. Henderson, Mayor ATTEST: Barry A. Stock, Acting City Administrator Title Judith S . Cox, City Clerk Prepared By: Karen Marty City Attorney 129 S. Holmes St . Shakopee, MN 55379 [KPWCONSL] 7 EXHIBIT A - 50 Westwood Lake Office B.A.BMittelsteadt,P.E.Brct A Weiss,P.E. WS'S 8441Wayzata Boulevard Minneapolis, Peter R Willcnbring,P.E. MN 55426 Donald W.Sterna,P.E. Ronald B.Bray,P.E. 612-541-4800 &Associates,Inc. FAX 541-1700 1996 Fee Schedule Billing Rate/Hour: Principal $85.00 Sr. Project Manager $78.50 Project Manager/Scientist $72.50 Registered Engineer/Engineering Specialist/Land Surveyor $63.50 Project Engineer/Scientist/Survey Crew Chief $56.00 Graduate Engineer $50.50 Construction Observer $49.00 Engineering Technician III $46.00 Engineering Technician II $42.00 Engineering Technician I $36.00 Office Technician II $29.00 Office Technician I $18.00 Survey (Two-Person Crew) $85.00 Survey (Three-Person Crew) $105.00 All costs associated with word processing, vehicle mileage, reproduction of common correspondence and mailing are included in the above hourly rates. Reimbursable expenses include costs associated with plan, specification and report reproduction. Infrastructure•Engineers•Planners EQUAL OPPORTUNITY EMPLOYER lob TO: Barry Stock, Acting City Administrator FROM: Gregg Voxland, Finance Director RE: City Bill List DATE: March 14, 1996 Introduction and Background Attached is a print out showing the division budget status for 1996 based on data entered as of 3/14/96 . Also attached is a regular council bill list for invoices processed to date for council approval. Included in the check list but under the control of the EDA are checks for the EDA General Fund (code 0191-xxx) and Blocks 3&4 (code 9439-xxx) in the amount of $71, 817.46. Action Requested Move to approve the bills in the amount of $490,384 . 89 . CITY OP SHAKOPEE EXPENSES BY DEPARTMENT 03/14/96 CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 00 N/A 0 0 -25 0 11 MAYOR & COUNCIL 83,090 2,665 12,692 15 12 CITY ADMINISTRATOR 215,490 6,038 31,942 15 13 CITY CLERK 132,040 6,552 22,264 17 15 FINANCE 307,410 7,369 43,448 14 16 LEGAL COUNSEL 260,030 6,383 28,769 11 17 PLANNING 457,930 7,680 42,332 9 18 GENERAL GOVERNMENT BUILDINGS 132,510 4,172 23,955 18 31 POLICE 1,588,500 52,324 284,763 18 32 FIRE 418,670 2,226 41,907 10 33 INSPECTION-BLDG-PLMBG-HTG 228,930- 6,485 32,216 14 41 ENGINEERING 407,760 12,200 57,731 14 42 STREET MAINTENANCE 775,720 14,860 105,570 14 44 SHOP 116,650 6,048 18,362 16 • • • 46 PARK MAINTENANCE 304,660 4,299 36,926 12 64 RECREATION 0 0 -1 0 91 UNALLOCATED 436,340 32 250,369 57 TOTAL GENERAL FUND 5,865,730 139,334 1,033,221 18 17 PLANNING 463,400 24,484 44,326 10 TOTAL TRANSIT 463,400 24,484 44,326 10 19 EDA 119,080 3,274 11,304 9 TOTAL EDA 119,080 3,274 11,304 9 H 0 rn m 04 as W a fx a a a a 04 a a aaa as as a 04 as a F H E H H H H H H H H H H H H H H H H H Z W w OW al 0 z w U H V' Ln tD N C0 U1 010101 V UI tD N WW O tD t0 tD tD t0 U1 V N N N N N N N N N N N N N N CO lD l0 t0 tD UD Wt0 lD tD t0 0 0 0 0 0 0 M M M N d'V'd' d' V' V' V'V' V H 0 0 0 0 0 r- C0 CO C0 M 000 0 0 0 0 00 M 0 0 0 0 0 d' N N. 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H H X °cEl ' z El a H H El El Ca 3 H a' w a' 3 a a x er w 3 4 i l'.1 ° aH a I:4 X Z s 0 oV) E. r.7 IC-1 H iCC01 U U] H C W Q' v1 H er or) A4 H N w n: O O H d' H U t0 H p: W (� to z gc rn a m > O 01 Z O U H U w q ONot 01 H a Gn H w w z M U 0 H w r-I U H U CO r-I W to a a H W W Z r-I V' U) M r-I h 40 01 O O O O O O O U O r-1 r-I r-1 N M Ml M V' r-I M d' U) a0 V' O H r1 M Cr V' V' V• V' h I- N N N a0 a H 4t 4t 3t = 4k 4k 3t St 3t it It = 3t 4k 3t U 0 6 U [_. Lx. Li. Lx. Li. G.. w w w w [i4 w w w w /E)cl MEMORANDUM TO: Barry Stock, Acting City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Set-Up Licenses DATE: March 14, 1996 INTRODUCTION AND BACKGROUND: The Fraternal Order of Eagles and the Shakopee Ballroom and Banquet Center set-up licenses expire on March 31st. City Council is asked to consider renewing them at this time. Property taxes are current as well as SPUC utility bills, as required by the City Code. There are no insurance requirements for a set-up license. RECOMMENDED ACTION: Approve the applications and grant a Consumption and Display (Set-up) License to The Fraternal Order of Eagles, 220 West 2nd Avenue and to The Shakopee Ballroom & Banquet Center, Inc. , 2400 East Fourth Avenue. h:judy\setupmem /D cl MEMO TO: Barry Stock, Acting City Administrator FROM: Bruce Loney, Public Works Director L" SUBJECT: Easement Acquisition for 17th Avenue and Sarazin Street-Project No. 1996-1 DATE: March 14, 1996 MEETING DATE: March 19, 1996 INTRODUCTION: The City needs to acquire right-of-way/easements for the construction of 17th Avenue and Sarazin Street for Project No. 1996-1. Easements are needed from two property owners who are adjacent to this street improvement project. Offers have been received by staff and are enclosed for Council consideration. If Council agrees with the offer, the action being requested is to authorize payment of the easement acquisition. BACKGROUND: City Project No. 1996-1 is for the construction of 17th Avenue, from County Road (C.R.) 17 to Sarazin Street and for Sarazin Street, from 17th Avenue to St. Francis Avenue. St. Francis Regional Medical Center (SFRMC) site dedicated half the right-of-way for those streets during the platting process. Easement No. 96-1R are easements which are necessary from Ms. Sharron Bernhagen. Easement No. 96-2 are easements both permanent and temporary for the construction of Sarazin Street and this property is owned by Elmer and Harold Marschall. Attached to this memo is a letter from Edward M. Christian, Attorney for Sharron Bernhagen, outlining the proposal for the easement acquisition of Easement No. 96-1R. Staff has had numerous correspondence and conversations with Mr. Christian in order to obtain what staff feels is an acceptable offer. The offer can be summarized as follows: 1. Permanent easements on land designated to be commercial zoned property along 17th Avenue is 74,740 square feet. The price per square foot being requested is $1.50 per square foot, which is the same amount paid for the easement for sewer and water across the Bernhagen parcel previously in 1995. Mr. Christian states in his letter that this is comparable to an offer Ms. Bernhagen has received from Ryan Companies which was not yet consummated. 2. The residential property along Sarazin Street being acquired is 24,000 square feet for permanent right-of-way road purposes. Mr. Christian is asking for a figure of $22,500.00 per acre. This will amount to a total of$12,400.00 for total acquisition of the right-of-way along Sarazin Street which is adjacent to residential property. 3. The temporary easements under this scenario would not require any payment from the City to Ms. Bernhagen. Ms. Bernhagen would be willing to sign a right-of-entry so that construction could start immediately. Her wish is also to retain her rights for condemnation for compensation of temporary easements and appeal of special assessments if the City does not agree to the proposal. Ms. Bernhagen would be willing to waive her right to appeal the special assessments up to the amount of $181,062.80. She could appeal any assessments that exceed that amount. 4. In the proposal from Mr. Christian, representing Ms. Bernhagen, there is a request that if the City would be willing to defer special assessments and the interest of those special assessments for a period of two years, Ms. Bernhagen would be willing to donate the 24,000 square feet for Sarazin Street. As mentioned previously,the special assessment estimated for the Bernhagen parcel is $181,062.80. Staff would recommend against this deferment as the acquisition price being requested for the Sarazin Street right-of-way is $12,400.00 and at 6% interest for the proposed assessments,the interest per year can be over$10,000.00 per year. STAFF ANALYSIS OF PROPOSAL: The City did purchase right-of-way from Sharron Bernhagen with the sanitary sewer and watermain project for St. Francis in 1995 and paid $1.50 per square foot for commercial property. This portion of her property is currently zoned institutional MUSA and is designated to be zoned commercial in the City's Comprehensive Plan. This area is one of the proposed MUSA expansion areas in for approval with Met Council. Ms. Bernhagen had an offer of$1.50 per square foot or$65,000.00 for this land previously. The residential property price of$22,500 per acre is a little higher than staff thinks the land is worth at this time, however, the amount of savings by going to condemnation would not make up the cost of the condemnation proceedings. The cost of the right-of- way acquisition is being incorporated in the project costs and was included in the feasibility report for 17th Avenue and Sarazin Street project. The right-of-way acquisition request seems to be in line with the property being purchased in the area. The property owner is willing to sign a waiver of her right to appeal the special assessments up to the amount estimated in the feasibility report. Based on those conditions, staff would recommend Council authorize payment for the right-of-way acquisition being requested. The total amount of compensation of Easement No. 96-1R for the Sharron Bernhagen property is $124,510.00 for right-of-way acquisition both permanent and temporary along 17th Avenue and Sarazin Street for Project No. 1996-1. On Easement No. 96-2, staff has met with Elmer and Harold Marschall and has sent a proposal to them for the right-of-way taking. The Marschall's have verbally agreed to a price of $20,000 per acre for this residential property abutting Sarazin Street. The permanent right-of-way easement is 52,465 square feet and they would not ask for any compensation for the temporary of 7,060 square feet. Attached to this memo is the proposal letter sent to the Marschall's, and it is anticipated that they will sign the proposal letter and agree to the payment amount. The total amount of compensation for Easement No. 96-2 is $24,088.61. Staff is in the opinion that the purchase price being asked is reasonable and is not worth while to pursue condemnation for this easement. The total amount of compensation for both Easement No. 96-1R and 96-2 is $148,598.61. This compares to a staff estimate as included in the feasibility study of$133,500.00. The difference here can be attributed to a slightly higher price per square on the residential property and a slight under estimate for the square footage necessary for the project. ALTERNATIVES: 1. Approve the payment of$124,510.00 for the execution of permanent and temporary easements as described on Easement No. 96-1R for Project No. 1996-1 and for the execution of Hearing and Appeal Waiver for Public Improvements. 2. Deny the easement acquisition for Easement No. 96-1R. 3. Approve the payment of$24,088.61 for the execution of permanent and temporary easements as described on Easement No. 96-2 for Project No. 1996-1 and for the execution of Hearing and Appeal Waiver for Public Improvements. 4. Deny the easement acquisition for Easement No. 96-2. 5. Table for additional information. 6. Deny the easement acquisition requests and direct staff to initiate condemnation proceedings and continue to negotiate with the property owners. RECOMMENDATION: Staff recommends approving the easement acquisition as outlined in the memo and as recommended with Alternative No.'s 1 and 3. The payment of the easements is contingent upon the City receiving executed easements and a Hearing and Appeal Waiver in which the property owner agrees not to appeal the assessment for the public improvement project. ACTION REQUESTED: 1. Approve the payment of$124,510.00 for the execution of permanent and temporary easements as described on Easement No. 96-1R for Project No. 1996-1 and for the execution of Hearing and Appeal Waiver for Public Improvements. 2. Approve the payment of$24,088.61 for the execution of permanent and temporary easements as described on Easement No. 96-2 for Project No. 1996-1 and for the execution of Hearing and Appeal Waiver for Public Improvements. BL/pmp ACQUIRE EDWARD M. CHRISTIAN ATTORNEY AT LAW 8609 LYNDALE AVENUE SO. MINNEAPOLIS,MINNESOTA 55420 TELEPHONE(612)881-8636 w_ ADMITTED SINCE 1964 FAx(612)881-9150 SENT BY FAX AND U. S. MAIL .i' March 13 , 1996 pe City of Shakopee Attn: Bruce A. Loney, P .E. 129 Holmes Street South Shakopee, MN 55379 Re: Sharron Bernhagen Property County Road 17 and Sarazin Street Dear Mr. Loney: This letter is a written proposal by Sharron Bernhagen with regard to the acquisition of her commercial and residential property for County Road 17 and Sarazin Street which you requested for transmission to the City Council . This proposal replaces the prior proposal of February 27 , 1996 , to which there have been changes by the City of Shakopee with regard to square footage and to which there have been changes by Sharron Bernhagen as to dollar amounts. As far as the property on County Road 17, which I will refer to as the commercial property, it is my understanding that you will be acquiring 78,275 square feet, of which 3 ,535 square feet is encumbered property by the prior easement and 74 , 740 square feet is unencumbered. Mrs. Bernhagen would be willing to accept $1. 50 per square foot for that unencumbered commercial land which amount, I believe, is the same amount that you paid for the easement for sewer and water previously. This also is comparable to a prior offer that Mrs. Bernhagen had from Ryan Companies, which was not consummated. The total amount for the commercial property would then be $112,110.00 to acquire fee title to the entire encumbered and unencumbered property. As far as the residential property which will be acquired for Sarazin Street, it is my understanding that you will be acquiring 24 ,000 square feet for road purposes. Mrs. Bernhagen previously placed a value of $25 , 000 . 00 per acre on that residential property and you indicated earlier this week that you had evidence of sales in the $20, 000 . 00 per acre area. Because you wish to keep all of your prices uniform you had suggested $20, 000 . 00 per acre as a price for the acquisition. I discussed this with Mrs . Bernhagen and, although she has no definite offers as of yet, she indicated that her discussions • C\N`' 'R _RC F y\. EDWARD M. CHRISTIAN ATTORNEY AT LAW 8609 LYNDALE AVENUE SO. MINNEAPOLIS,MINNESOTA 55420 TELEPHONE(612)881-8636 ADMITTED SINCE 1964 FAX(6I2)881-9150 Opotit% SENT BY FAX AND U.S. MAIL .t4 March 13 , 1996 ke I City of Shakopee Attn: Bruce A. Loney, P.E. 129 Holmes Street South Shakopee, MN 55379 Re: Sharron Bernhagen Property County Road 17 and Sarazin Street Dear Mr. Loney: This letter is a written proposal by Sharron Bernhagen with regard to the acquisition of her commercial and residential property for County Road 17 and Sarazin Street which you requested for transmission to the City Council . This proposal replaces the prior proposal of February 27, 1996 , to which there have been changes by the City of Shakopee with regard to square footage and to which there have been changes by Sharron Bernhagen as to dollar amounts. As far as the property on County Road 17, which I will refer to as the commercial property, it is my understanding that you will be acquiring 78,275 square feet, of which 3 ,535 square feet is encumbered property by the prior easement and 74 , 740 square feet is unencumbered. Mrs. Bernhagen would be willing to accept $1. 50 per square foot for that unencumbered commercial land which amount, I believe, is the same amount that you paid for the easement for sewer and water previously. This also is comparable to a prior offer that Mrs. Bernhagen had from Ryan Companies, which was not consummated. The total amount for the commercial property would then be $112,110. 00 to acquire fee title to the entire encumbered and unencumbered property. As far as the residential property which will be acquired for Sarazin Street, it is my understanding that you will be acquiring 24 ,000 square feet for road purposes. Mrs. Bernhagen previously placed a value of $25 , 000 . 00 per acre on that residential property and you indicated earlier this week that you had evidence of sales in the $20, 000 . 00 per acre area. Because you wish to keep all of your prices uniform you had suggested $20, 000. 00 per acre as a price for the acquisition. I discussed this with Mrs. Bernhagen and, although she has no definite offers as of yet, she indicated that her discussions Bruce A. Loney, P.E. March 13 , 1996 Page 2 with prospective purchasers were in the $25 ,000.00 per acre range. Accordingly, she is proposing that the amount be compromised and that we agree on a figure of $22 , 500 .00 per acre. This would be $12, 400.00 for the total acquisition of the 24 ,000 square feet. This is a reduced figure from her prior demand of $14 , 000 .00. In the event that the City would be willing to defer the special assessments and defer the interest on the special assessments for a period of two years, or more, Mrs. Bernhagen would be willing to donate the 24 , 000 square feet for Sarazin Street. She is expecting to be able to sell the property within the next two years and this would relieve her of the obligation for payment of special assessments and interest. What she is requesting is that the special assessments and interest for both County Road 17 and Sarazin Street be deferred for up to two years or until such time as she either sells the property or a building permit is taken out. If the City should choose to do this then the difference between $20, 000 .00 per acre and $25 ,000 .00 per acre would be moot or immaterial since she would be donating the property. A deferment such as this is not without precedent since I indicated to you that some years back the City of Shakopee negotiated a similar arrangements with my property on the southeast corner of Fourth Street and Shennandoah Drive when Shennandoah Drive was put in. Mrs . Bernhagen would be willing to sign a right of entry at this time so construction could start immediately. In the event we are not able to arrive at a price with the City Council she would still be willing to sign a right of entry pending further negotiations or condemnation. Mrs. Bernhagen would also be willing to waive her right to appeal from the special assessments that will be levied for County Road 17 and also for Sarazin Street up to the amount of the estimated assessments. Your office previously gave us a figure of $181 ,062 . 80 as the proposed assessments . In the event the assessments should exceed that amount she would have a right to appeal any excess amount. As further consideration, Mrs . Bernhagen will not be requiring any payment to her for the temporary easement which will be used by the City of Shakopee. It is my understanding that the City has increased the size of the temporary easement on the north side of County Road 17 from 10 feet to 20 feet which easement will expire December 31, 1996 . Provided everything else is agreed upon, Mrs. Bernhagen will not be seeking any compensation for that temporary easement. In the event this matter proceeds Bruce A. Loney, P .E. March 13 , 1996 Page 3 to condemnation, however, Mrs. Bernhagen reserves all of her rights with regard to compensation for temporary easement, appeals from special assessments, etc . You have my permission to submit my letter of proposal to the City Council on March 18 , 1996 , and I would appreciate your letting me know what their decision is the following day. Yours ruly, 101 Alb ) , Edwa, d M. Christian EMC:lr cc : Sharron Bernhagen SHAKOPEE March 14, 1996 Mr. Elmer Marschall 1356 East County Road 78 Shakopee, MN 55379 Re: Right of way acquisition for Sarazin Street Dear Mr. Marschall: This letter is a summary of your meeting on March 11, 1996 with Harold Marschall, Bruce Loney, Public Works Director and myself regarding acquisition of right of way for the proposed Sarazin Street extension. We had agreed on a sale price of$20,000 per acre for the permanent easement with the temporary easement being dedicated to the City at no cost. The permanent easement is 52,465 square feet in area, which equates to a total sale price of$24,088.61. This agreement is contingent upon the City receiving a waiver of assessment appeal (I have enclosed a copy of the waiver for your review), and upon City Council approval. We plan to bring this item to the City Council for their consideration at the March 19th meeting. If you are in agreement with these terms of the sale, please indicate so by signing below. Please forward this letter to Harold Marschall for his signature as well. I have also provided an addressed envelope that you can use to return the signed letter to City Hall. If you have any questions, please contact Bruce Loney at 445-3650. Sincerely, David M. Nummer Staff Engineer I agree to the terms of the sale as stated in this letter. Elmer Marschall Harold Marschall COMMUNITY PRIDE S 1857 129 Holmes Street South• Shakopee,Minnesota• 55379-1351 • 612-445-3650 • FAX 612-445-6718 h:\worddocs\Jetters\marschal.doc CITY OF SHAKOPEE HEARING AND APPEAL WAIVER FOR PUBLIC IMPROVEMENTS PURSUANT TO MINNESOTA STATUTES CHAPTER 429 The undersigned property owner hereby certifies that I/We are the owner (s) of the property described below as Parcel No.27-907004-0. N 30A of W 1/2 SW 1/4, 1 rod strip on W line of W 1/2 SW 1/4, & SW 1/4 NW 1/4, Sect. 17,T115,R22 The undersigned hereby waives the right to a Public Hearing prior to the levying of the assessments related to said improvements. The undersigned further voluntarily waives all rights to appeal said assessments which shall be assessed pursuant to Minnesota Statutes Chapter 429, as a result of the installation of the above improvements. I/We understand that by signing below I/We waive the right to appeal and later challenge the amount of the special assessment. Dated this day of , 1996 STATE OF MINNESOTA) )ss (INDIVIDUAL ACKNOWLEDGEMENT) COUNTY OF ) On this day of , 1996 before me, a notary Public within and for said County, personally appeared: to me personally known, being sworn, did say that this instrument was executed as their free act and deed. Notary Public ID.) TO: Barry Stock, Acting City Administrator FROM: Gregg Voxland, Finance Director SUBJ: Employee insurance - LTD DATE: March 11, 1996 Introduction The long term disability (LTD) group insurance for employees is up for renewal on 4/1/96. Background The long term disability (LTD) group insurance for employees was awarded to Fortis Benefits staring 1/1/94 and is now up for renewal on 4/1/96. The odd length of the initial policy was set by Fortis. Barring any unusual factors, the city indicated that the policy would run at least three years (through 1996) when it was awarded. State law requires proposals for employee group insurance be evaluated at least every five years which was done for 1/1/94. The rate increase for the renewal is 8.8% The city's acceptance of the renewal would specify that the term would run to 1/1/97 in order to get back on a calendar year basis with the other two group insurance policies. For an additional 2.2% the city could lock in the rate for two years. Fortis is offering two options which would maintain the current rate but would reduce benefits. The city is constrained by state law from reducing employee insurance benefits unilaterally and therefore the options are not being pursued. Time does not permit shopping for other insurance before the expiration of the current coverage. 1996 is the conclusion of the initial three year period and council is not required to seek other proposals until 1999 coverage. Proposals could be sought for 1997 but all three policies (health and life) are usually evaluated at the same by a consultant with the needed expertise. Funding for a consultant is not included in the 1996 budget. Action Requested Move to authorize renewal of the employee group insurance policy for long term disability insurance with Fortis Benefits for 1996. l MEMO TO: Barry Stock,Acting City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: New Front Mount Mower DATE: March 11, 1996 MEETING DATE: March 19, 1996 INTRODUCTION: The Public Works Department is requesting City Council authorization to purchase a front mount mower with cab and attachments as identified in the 1996 Budget under Equipment Fund. BACKGROUND: The Parks Division of Public Works Department has included in the Capital Equipment Budget for purchasing, one new front mount mower with cab and attachments, one snow blower and one front mount rotary broom. The Public Works Department (Parks) currently has one front mount 2-wheel drive, 62" Toro 220D rotary mower having no cab and no other attachments. This mower was purchased in 1990 and is used for mowing small areas such as boulevards, around buildings,trees, etc. where maneuverability is required. Staff is recommending buying a 4-wheel drive front mount mower with year round cab and attachments to help the Toro 220D in the summer and in the snow season for sidewalks. The rotary broom is for sweeping small amounts of snow and the blower for snow that the broom can't handle. All these tasks would utilize the 4-wheel drive and year round cab greatly. The City will have three ballfields and a soccer field at the new Civic Center site and the Upper Valley Drainageway will be fully completed from C.R. 79 to C.R. 15. In addition, the City will be performing snow removal as per Council policy for these new or reconstructed streets: • C.R. 16 - Sidewalk and Trail • Fuller Street- Sidewalk and Trail • Vierling Drive (C.R. 79 to C.R. 77) - Sidewalk& Trail • Sarazin Street and 17th Ave. - Sidewalk& Trail This additional mower will assist the Public Works Department in meeting its mowing and snow removal obligations. Staff has contacted 3 dealers and they have submitted the following proposals: Name of Dealer Attachments Total Price Cushman Motor Co. New Ransomes Jaguar $ 24,567.42 (Mpls.) 6000 4x4 with cab, 72"rotary mower deck, 50"Hanson general snow blower, 60"MB rotary broom Name of Dealer Attachments Total Price Siemon Implement New John Deere 4x4 $ 24,736.76 (Belle Plaine) F1145 with cab, 72"mower deck, 47" snow blower, rotary sweeper M.T.I. Distributing Co. New Toro 325 4x4 $ 25,746.36 (Plymouth) with cab, 72"mower deck, 50" snow blower, 60"rotary broom The amount budgeted for this mower and attachments was $22,000.00 and staff had included $8,500.00 for a cab and broom for the existing Toro mower. Staff has done further analysis and the cost of the cab as a separate purchase is much higher and would be installed on a six year old mower. Staff believes that the sidewalk snow removal can be handled by the purchase of the mower and blower and by utilizing a V-plow attachment to the existing bobcat. Cost of a V-plow is estimated to be $3,000.00. The estimated budget amount for the new mower with attachments and cab with attachment is $30,500.00. The cost of a new mower and V-plow attachment is around $28,000.00. ALTERNATIVES: 1. Accept Siemon Implements quotation for the John Deere F1145 with attachments for a total cost of $24,736.76. 2. Accept either the quotation from Cushman Motor Co. for$24,567.42 or the quote from M.T.I. Distributing for$25,746.36. 3. Direct staff to obtain additional quotes. 4. Deny the above request. RECOMMENDATION: Based on actual demonstrations, looking at specifications of all machines, the Public Work's staff recommends the purchasing the John Deere F1145 and attachments. ACTION REQUESTED: Move to authorize the purchase of one John Deere F1145 and attachments from Siemon Implement of Belle Plaine, per their quotation of$24,736.76, to be purchased out of the Capital Equipment Fund. BL/pmp MOWER MEMO TO: Barry Stock,Acting City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Authorization of Engineering Personnel DATE: March 12, 1996 MEETING DATE: March 19, 1996 INTRODUCTION: With the resignation of Dave Nummer, Staff Engineer,the Engineering Department has a vacancy from its previous approved staffing. Staff is seeking direction on the preferred approach to fill this position from City Council. BACKGROUND: The 1996 City Budget included one Civil Engineer in the Engineering Division Budget. Dave Nummer had started his employment with the City of Shakopee in 1993 and began at Step I of the Pay Plan for a Civil Engineer. His current salary was based on Step V of the 1996 Pay Plan, plus a cost of living increase with an annual salary of$42,033.87. Mr. Nummer worked for the City of Shakopee for almost three years and assisted the Public Works Director in preparing budgets, Capital Improvement Programs, Council memos on various items, attended Planning Commission meetings, subdivision plan review, subdivision coordination with developers, City project design and a host of miscellaneous items such as State Aid needs update, subdivision coordination and assistance in Engineering management as necessary and as determined by the Public Works Director. To fill this vacancy, staff is proposing three alternatives. 1. Hire another Civil Engineer,preferably with some experience versus coming straight out of College. 2. Hire an Assistant City Engineer, with either a professional engineer's registration or capability of obtaining one within six months. 3. Do not fill the position at this time and use engineering consultants as needed or necessary. The first alternative is to hire another Civil Engineer. Step I in the 1996 Pay Plan for a Civil Engineer is $35,966.00, with its top range being $44,957.00. Depending on the qualifications of an applicant that is selected for a Civil Engineer position, the salary would be within this range. If a Civil Engineer position is filled, staff would recommend that the successful candidate have an equivalent of one to two years experience. The reason for requiring a certain level of experience for the Civil Engineer position is that this person would be required to fill in for the Public Works Director as necessary for Council meetings, Planning Commission meetings, other various meetings and for contacts during the working day to represent the City of Shakopee Engineering Department. Attached is the current job description for a Civil Engineer. The second alternative provides for an Assistant City Engineer with at least four years of experience and the capability of becoming a registered professional engineer within six months. This is the position that most Cities have that are similar in size to the City of Shakopee. The Assistant City Engineer would have more experience, thus would command a higher pay range. The pay range for an Assistant City Engineer is $37,699.00 - $47,124.00. The Assistant City Engineer would be more apt to fill in for the Public Works Director and would be able to sign plans that are designed by the City of Shakopee Engineering Department. The third alternative is to leave the position vacant and to utilize Engineering consultants as needed or necessary in order for the Engineering Department to complete its work tasks for 1996. This alternative may be necessary until a replacement is authorized by Council. Staff recommends this alternative be utilized only in the short term until such time that a replacement is selected for the position authorized by Council. Staff does not have a cost estimate for this alternative, as the use of Engineering consultants is very much dependent on what work is authorized. Staff believes that the Civil Engineer vacancy needs to be filled as soon as possible. Most Cities the size of Shakopee, and especially those Cities growing through development, have an Assistant City Engineer under the Public Works Director or City Engineer. Staff believes that if a Civil Engineer position is filled, that eventually this position should be upgraded overtime to an Assistant City Engineer position with more defined duties and responsibilities as necessary due to the growth of the City and increasing responsibilities in the Engineering Department. ALTERNATIVES: 1. Authorize staff to advertise for the Civil Engineer position. 2. Authorize staff to advertise for an Assistant City Engineer and eliminate the Civil Engineer position. 3. Utilize the City's consultant to provide Engineering services as necessary in lieu of the Civil Engineer's departure. 4. Table this item for further information. 5. Do not authorize any replacement hiring at this time and do not authorize staff to use Engineer consultants to provide engineering services. RECOMMENDATION: Staff recommends Alternative No.1, authorizing staff to advertise for the Civil Engineer position with the understanding that this position someday be upgraded to an Assistant City Engineer. ACTION REQUESTED: Move to authorize the appropriate City staff to advertise for the Civil Engineer position. BL/pmp CIVIL City of Shakopee Job Description JOB TITLE: Civil Engineer EXEMPT: No JOB CODE: SALARY LEVEL: DIVISION: Engineering SHIFT: DEPARTMENT: Engineering LOCATION: EMPLOYEE: REPORTS TO: City Engineer PREPARED BY: Barry A. Stock DATE: 4\18\94 APPROVED BY: DATE: SUMMARY: Plans, designs, and directs municipal engineering projects such as roads, sanitary sewers, watermain, storm sewers, and othe public improvement projects. ESSENTIAL DUTIES AND RESPONSIBILITIES include the following. Other duties may be assigned. Analyzes reports, maps, drawings, blueprints, tests, and aerial photographs on soil composition, terrain, hydrological characteristics, and other topographical and geologic data to plan and design project. Calculates cost and determines feasibility of project based on analysis of collected data. Prepares or directs preparation and modification of reports, spreadsheets, graphs, specifications, plans, construction schedules, environmental impact studies, and designs for projects, and makes appropriate recommendations. Inspects construction site to monitor progress and ensure conformance to engineering plans, specifications, and construction and safety standards. Administers the Municipal State Aid programs. Uses computer assisted engineering and design software and equipment to prepare engineering and design documents. Reviews and signs all building permits. May direct technician staff in the design and construction of City projects. Coordinate project schedules and construction activities. Works with technicians to ensure the completion of all projects. - 1 - JOB DESCRIPTION Job Title: Civil Engineer Reviews all submittals by developers or other projects, including but not limited to grading and erosion control plans, stormwater management plans, construction plans, etc. Makes recommendation to City Engineer for approval. Documents and assists in the development of policies, methods, and materials. Prepares cost estimates, and feasibility reports under the direction of the City Engineer. Prepares special assessment rolls. Represents the City at various meetings, seminars, and schools as directed by the City Engineer. Provides general or technical information in response to written or oral inquiries from the general public, employees, unions, and State and Federal agencies. Responds to a variety of questions and requests from the public, Council members, other departments, etc. Keeps up with all new technology and advances for updating the City's design criteria and construction specifications. Performs related duties as required or assigned. QUALIFICATION REQUIREMENTS: To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. EDUCATION and/or EXPERIENCE: Bachelor's degree (B. A. ) from four-year college or university and one to two years work related experience. LANGUAGE SKILLS: Ability to read, analyze, and interpret common scientific and technical journals, financial reports, and legal documents. Ability to respond to common inquiries or complaints from customers, regulatory agencies, or members of the business community. Ability to write technical reports that conform to prescribed style and format. Ability to effectively present information to top management, public groups, and/or boards of - 2 - JOB DESCRIPTION Job Title: Civil Engineer directors. Ability to communicate effectively both orally and written. MATHEMATICAL SKILLS: Ability to apply advanced mathematical concepts such as exponents, logarithms, quadratic equations, and permutations. Ability to apply mathematical operations to such tasks as frequency distribution, determination of test reliability and validity, analysis of variance, correlation techniques, sampling theory, and factor analysis. Considerable knowledge of the principles of civil engineering, surveying and drafting. REASONING ABILITY: Ability to define problems, collect data, establish facts, and draw valid conclusions. Ability to interpret an extensive variety of technical instructions in mathematical or diagram form and deal with several abstract and concrete variables. CERTIFICATES, LICENSES, REGISTRATIONS: Must possess valid Minnesota Drivers License. PHYSICAL DEMANDS: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regularly required to stand; walk; sit; use hands to finger, handle, or feel objects, tools, or controls; reach with hands and arms; and talk or hear. The employee is occasionally required to climb or balance; stoop, kneel, crouch, or crawl; and taste or smell. The employee must occasionally lift and/or move up to 10 pounds. Specific vision abilities required by this job include close vision, distance vision, color vision, peripheral vision, depth perception, and the ability to adjust focus. WORK ENVIRONMENT: The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee occasionally works near moving mechanical parts; in high, precarious places; and in outside weather conditions and is occasionally exposed to risk of electrical shock, and - 3 - JOB DESCRIPTION Job Title: Civil Engineer vibration. The noise level in the work environment is usually loud. - 4 - MEMO TO: Mayor and City Council /U k FROM: Barry A. Stock,Acting City Administrator RE: Public Right of Way Ordinance DATE: March 14, 1996 INTRODUCTION: The telecommunications industry is rapidly changing. More and more telecommunication options are becoming available that may require the use of public right of ways. It is important for local municipalities to insure that their rights are being protected when granting access to public right of ways. Additionally,the implementation of local public right of way ordinances could assist in removing unfair competitive advantages for one telecommunications provider as compared to another in terms of the application of franchise fees versus permit fees. BACKGROUND: Recent federal legislation has been passed that allows telephone companies to distribute cable television services. The new legislation should raise concerns for municipalities regarding the protection of local control over public right of way and protection of local investment and existing public access communication systems, including community television. Local government is now faced with the difficult task of balancing the desire for economic growth and the encouragement of private investment in telecommunications infrastructure against the need to control and to be able to charge for, access to the public right of way and to protect and promote community access to telecommunications services. In the 1995 Minnesota legislative session, the League of Minnesota Cities and the Minnesota Association of Cable Television Administrators attempted to secure state legislation that would require telecommunication carriers to provide access to services for public use, including use by educational institutions, libraries, and non-profits. The proposed legislation would have also placed emphasis on preserving the ability of local government to control public right of way by allowing local government units to charge appropriate(and competitively neutral)fees for the use of public right of way by requiring telecommunications providers to comply with local requirements for installation, operation, maintenance, replacement and removal of facilities located in public right of way. Unfortunately,it appears that the state legislation will not be enacted upon in this area. Hence, if municipalities want to protect their rights, it will be up to each City to enact their own ordinance. The federal communications act of 1995 also included a number of provisions that will have an impact on local government authority with respect to various telecommunications services. Under the act, cable companies that provide telephone services would not be required to obtain any kind of local franchise or to pay a franchise fee for the provisions of television services. It would be appropriate for the City of Shakopee to discuss whether or not action at the local level might be in order. The Suburban Rate Authority(SRA) and the League of Minnesota Cities(LMC)have prepared draft ordinances for controlling the use of public right of ways. The model ordinances would cover telecommunications providers, equipment and facilities using public right of ways. The ordinance would not cover gas mains or electric lines which are governed by already existing ordinances and specific franchises or other permits. The ordinance would require a permit whenever a telecommunications provider installs, repairs or moves and facilities or equipment on public right of ways. The ordinance would call for the collection of a permit fee to be collected by the City. The permit fee would cover the expense of reviewing and issuing the permit, inspecting the site, maintaining appropriate records and such costs which may be incurred by the City to return the public right of way to its prior condition. The fee could be collected on either a one time or annual payment basis for the use of the public right of way based on the area of the public right of way occupied and the duration of the occupancy. A permit fee or rent as discussed herein would put telecommunications firms who are proposing to offer the same services as our cable television provider on the same plane in terms of City collected fees. Thus eliminating any unfair advantage that telephone companies might otherwise possess. On March 11, 1996 the Cable Commission passed a motion recommending to City Council that the appropriate City officials be authorized to research the possibilities of implementing a public right of way ordinance. Several larger communities in the metro area(Minneapolis, Bloomington) are currently in the process of drafting right of way ordinances. It would be appropriate to review the ordinances being implemented in other nearby communities before we adopt our own ordinance. Additional research on enforcement and compliance issues also need to be evaluated in greater detail. ALTERNATIVES: 1. Direct the appropriate City officials to research and prepare a draft right of way ordinance for telecommunications facilities and systems. 2. Do not pursue the development of a right of way ordinance at this time. 3. Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends Alternative#1. ACTION REQUESTED: Direct the appropriate City officials to research and prepare a draft right of way ordinance for telecommunications facilities and systems. BAS/tiv- Tami/WordlAdmin/Cable / 0 T MEMO TO: Barry Stock,Acting City Administrator FROM: David M.Nummer, Staff Engineer ,and nd SUBJECT: Trunk Highway 300 Turnback DATE: March 13, 1996 MEETING DATE: March 20, 1996 INTRODUCTION: Based on Council direction from the March 12, 1996 meeting, staff is initiating the turnback process for Trunk Highway (TH) 300. Attached is a Memorandum of Understanding (MOU) from Mn/DOT regarding the turnback issue. BACKGROUND: Mn/DOT has submitted the attached MOU for review and approval by the City Council. Although this looks like a contract, it is non-binding agreement which simply states that the City of Shakopee will cooperate with Mn/DOT to facilitate the turnback of TH 300. When Mn/DOT has received the completed MOU, they will forward it to their agreements section, who will in turn draft a formal agreement which will be brought to the City Council for review. The City Attorney has reviewed the MOU and has approved the document as to form. ALTERNATIVES: 1. Authorize the appropriate City Officials to execute the Memorandum of Understanding with Mn/DOT for the turnback of Trunk Highway 300. 2. Do not execute the Memorandum of Understanding. 3. Table for additional information. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Move to authorize the appropriate City officials to execute the Memorandum of Understanding with Mn/DOT for the turnback of Trunk Highway 300. c:\dos\th300mou.doc • DEPARTMENT: Mn/DOT - Metro Division STATE OF MINNESOTA Office Memorandum DATE: January 9, 1996 TO: Addresses FROM: Bob Brown Assistant Metro Division Engineer State Aid PHONE: 582 - 1400 SUBJECT: Draft Memorandum of Understanding City of Shakopee Jurisdictional Transfer of TH 300 Attached is the MOU for your review and comment. Comments would be appreciated by January 31, 1996. The route will require legislation to eliminate it from the trunk highway system since it will not be designated elsewhere. This will be introduced in the 1996 legislative session. Please share these documents with your staff or others that do not appear on the list. If you have any questions call myself or Sherry Narusiewicz (582-1400, sln000). ADDRESSEES: E. Cohoon K. Rasmussen J. Sandahl D. Durgin P. Murphy/J. Skallman R. Pletan M. Linzie C. Siggerud R. Borson M. Robinson/R. Kurpius G. Workman D. Flemming R. Swanson R. Stehr M. Christensen L. Anderson G. Coughlin L. Erb A. Pint R. Elasky G. Thompson cc: David Hutton, City of Shakopee Public Works Dir./Engineer Brad Larson, Scott County , STATE OF MINNESOTA METRO DIVISION DEPARTMENT OF TRANSPORTATION MEMORANDUM OF UNDERSTANDING Memorandum of Understanding between: The State of Minnesota Department of Transportation, and ThP City of ShaknpPR RE: Change of jurisdictions of roadways located in Scott County and associated designations This Memorandum of Understanding is made by and between the State of Minnesota, Department of Transportation, hereinafter referred to as the "State" and the City of Shakopee, Scott County, Minnesota, acting by and through its Board of Commissioners, hereinafter referred to as the "City". WHEREAS, the Counties in the Metropolitan Area and the State concur that in the interest of bringing decision making for routes of specific • functional classification into the appropriate levels of government, it is necessary to change jurisdiction of certain routes; Therefore, it is the intent of the State, the Counties and the City to work toward the following objectives: 1 Article I - Nonbinding Memorandum of Understanding 1. This Memorandum of Understanding (hereinafter "MOU") is not a binding agreement and that any binding obligation of the parties to this MOU will be made pursuant to written and properly executed and approved agreements. 2. This MOU is intended to be the Notice of Pending Release to the party who will receive the released roadway. Article II - Definitions 1. Definitions used in this MOU shall mean the following: Receiving authority - The political subdivision which receives jurisdiction as a result of jurisdiction transfer. Transferring authority - The political subdivision which has jurisdiction prior to jurisdiction transfer. Route-miles - The distance as measured along the existing roadway, between termini, rounded to the nearest 1/100 of a mile. Article III - Introduction of Legislation Implementation of jurisdictional 'transfer as listed in this MOU requires approval of enabling legislation by the State Legislature and other binding agreements between the parties. The State will prepare and introduce appropriate legislation with notification to the City no less than two (2) weeks prior to the introduction to the Legislature. 2 Article IV - Basis for Determining Compensation ensation If enabling legislation is obtained, the State and City intend to execute jurisdictional transfer incorporating the concepts set forth herein. The party receiving subject roadways as anticipated in this MOU (receiving authority) will be compensated for each change of jurisdiction as follows: 1. It is anticipated that all project funds allocated in the improvement programs transferring authority that relate to the subject roadways described in this MOU, will transfer to the receiving authority in the year designated in the transferring authority's improvement program. Project funds will include estimated construction funds. Project funds that are transferred must be used on the transferred route; any interest accrued on such funds must be used on roadways under jurisdiction of the receiving authority. Note: At this time, no such projects are anticipated. 2. The parties anticipate that Municipal State Aid Turnback Account funds may be utilized by the City for improvements to subject roadways transferred to the city resulting from this MOU in accordance with .f&0 , 2yG1, Minnesota Rules 8820 in effect on the date of the jurisdictional transfer, and Screening Board Resolution Re: Trunk Highway Turnback - October 1967 (latest revision June 1989). Additionally, if the City receives project funds under Article IV.1 turnback construction funds will be reduced by an equal amount. 3. Municipal State Aid System funds may be utilized by the City for 3 subject roadways transferred to the County under agreements resulting from this MOU in accordance with Minnesota Rules Part 8820 in effect on the date of the jurisdictional transfer, and Screening Board Resolution Re: Trunk Highway Turnback - October 1967 (latest revision, June 1989). Article V - Identification of Routes and Schedule The parties intend to execute an agreement relating to the routes identified herein. Additions of routes other than listed will require approval of the Commissioner of the Department of Transportation, and the City. It is the intent of the parties to achieve jurisdictional transfer within one (1) year following passage of enabling legislation. ROUTE: TH 300 from TH 169 to State Reformatory for Women, a distance of .915 miles will be transferred to the City of Shakopee. The above State Route will be conveyed in accordance with Minnesota Statutes. The above described trunk highway is shown on the map attached hereto titled Routes Subject to Transfer, State/County/City, marked Exhibit A, and by this reference made a part hereof. The State and City intend to agree to the future right of way limits at State/County/City intersecting roadways, prior to the transfer of land title for each subject roadway. 4 • Article VI - Infrastructure Management Responsibilities It is anticipated that all routes included in this MOU will continue to be included in the transferring authority pavement management system and, when appropriate, receive program funds for pavement management until such time as the roadway changes jurisdiction. All routine maintenance on the subject route covered in this MOU will be the responsibility of the transferring authority up until the time of transfer. This includes keeping any routine maintenance agreements with municipalities in force also. It is anticipated that where maintenance agreements exist the receiving party will replace the existing agreements with their own, so that no lapse in coverage will occur. Nothing in this MOU is intended to prohibit the State or City from entering into roadway maintenance agreements, including reimbursement provisions, for any roadway identified in this MOU. Article VII - Information and Records Transfer The transferring authority intends to make the following information and records available to the receiving authority upon request, to the extent that they are available, for the route to be transferred. 1. List of active maintenance agreements which will be canceled with other governmental agencies and utility companies. 2. Utility, drainage, access driveway, sign advertising, and limited use permits. 3. As-built construction plans, and microfilm records. 4. Bridge inspection reports and ratings. 5. Photo-logs, aerial photos, right of way maps, and parcel files. 5 6. Inventory data. 7. Pavement condition ratings. 8. History of most recent betterment. 9. Signal files including timing sequence and repair history. 10 Accident reports and statistics, subject to Privacy Act requirements. 11 The most current traffics counts. 12 Any alignment ties, horizontal and vertical control monuments, and relative data. 13. All completed and partially completed plans for construction projects associated with the routes being transferred. 14 Road opening authority documentation and/or right of way authority. Article VIII - State Aid Route Designation The State, through the Commissioner of Transportation, intends to designate the highway segments described in Article V to be transferred to the City as a Municipal State Aid Street and intends to approve the corresponding increase in mileage, in accordance with Minnesota Rules 8820, upon receipt of a resolution requesting such, from the City. This mileage is not transferable to other routes in the City. 6 IN TESTIMONY WHEREOF the parties have executed this memorandum of understanding by their authorized officers. DEPARTMENT OF TRANSPORTATION CITY OF SHAKOPEE ATTEST: RECOMMENDED FOR APPROVAL: By: City Council By: Date Metro Division Engineer By: City Administratrator Date By: By: State Aid Engineer City Attorney Date RECOMMENDED FOR APPROVAL: By: By: Assistant Commissioner City Engineer APPROVED: Date By: Deputy Commissioner of Transportation Date of Understanding • min.,N ,°. rYP°,wt°I ca. N o l01 12 r, ioi I U Aiii `� Creek _ Ric I Lake • E3 \ T„6 1z • . R23■X61�!R22N Wa • ICI T11S � .s.1 CARVER CO. . CHANHASSENNNV Tt 16N ( SCOTT 16 CO. , x R2)r )S�{ 21 T11511 NM I a 011.110 vti — .t' t �= e© 0 •� 0 _..-- 0 ..---------114111 Vti"wil 101 MI g toe Tono ....._. 10, / Ar. 7.5 N 0 -rse#4- clammy ?b 300 $ 'wait w a it•®`:�e iw `alio :�■ , - STATE a _� i��� REFORM. g ,��An, : - .�E:� sN.:1�or1-,:pic E ; �' r FOR # :ELF -,-;, J ` -w .....S G a • u -� 1 ili it �U�I �` Sr. F Ivl E Nd. —\ ► 5 I' JiN NO L PAR vp • 11 2 � ;c •........................ - um„ vi i 115/ST. .'at�-- to ~' n . 7 L _ H utter {`'+ 1 ELI ..... ALU. .... . _ _151 b+ O lw. T N t Y n11111 t. G 31 ' s. TSsr. R2”�: W .,1. © Q. .5114 T11511 42314 Route Subject to Transfer• State/County/City IStnO9 15 ST.R. V4. 4. SI Exhibit A vi,:, . Nl w0 /T c MEMO TO: Barry Stock,Acting City Administrator FROM: Bruce Loney, Public Works Director ; SUBJECT: Gorman Street Reconstruction, from 4th Avenue to County Road 17 DATE: March 14, 1996 MEETING DATE: March 19, 1996 INTRODUCTION: Attached is Resolution No. 4404, a resolution receiving a report and calling a hearing on an improvement for the Gorman Street Reconstruction Project, from 4th Avenue to County Road(C.R.) 17. BACKGROUND: On October 17, 1995, Resolution No. 4315 which ordered the feasibility report preparation for Gorman Street, from 4th Avenue to C.R. 17 was adopted by the City Council of Shakopee. The reconstruction of Gorman Street was included in the 1996 Capital Improvement Program(CIP)and at this time is a designated State Aid street. Gorman Street is the old County Road 17 roadway in which the County has turned back this road for City maintenance and operation. The roadway has not been improved in over 30 years and is in a deteriorated state with many potholes and break-ups and very poor drainage along the street. With this improvement project, the City is considering installing sanitary sewer replacement, new 12 inch watermain for Shakopee Public Utilities Commission, storm sewer catch basins and piping and total street reconstruction with sidewalk and trail on either side of the roadway. City staff has also included in the feasibility report street lighting along this roadway due to the proposal of trail and sidewalk in this area. The attached resolution sets a date for the public hearing for this project for April 16, 1996. The approval of Resolution No. 4404 does not order the project nor does it commit the Council to constructing any improvements. The intent of this resolution is to accept the feasibility report and set the public hearing date. The public hearing will allow the property owners adjacent to the project area and the general public an opportunity to address the City Council on the project. Staff will make a brief presentation at the March 19, 1996 Council meeting to provide an overview of the project and the feasibility report. Staff will make a full presentation at the April 16, 1996 Council meeting on the feasibility report for the public and the Council at the public hearing. The main issues with this project are the sidewalk and trail locations, watermain assessments and whether to reconstruct this street now or wait until development proposals are submitted on the undeveloped commercial and multi-family parcels. Staff has included this street reconstruction due to its poor conditions and the fact that C.R. 16 is being reconstructed in 1996 as well. ALTERNATIVES: 1. Adopt Resolution No. 4404,this action will receive the feasibility report and set the date for the public hearing for April 16, 1996. 2. Deny Resolution No. 4404. This action will halt the project until such time as City Council reconsiders the resolution. 3. Move to receive the feasibility report but do not set a date for the public hearing at this time. This action will place the project on hold until such time as City Council sets a date for the public hearing. 4. Table Resolution No. 4404,to allow time for staff to prepare additional information as directed by the City Council. RECOMMENDATION: Staff recommends Alternative No. 1, to adopt Resolution No. 4404 as this would allow a public hearing and public input to take place on the proposed improvements to decide whether or not this project should move forward for the 1996 reconstruction season. ACTION REQUESTED: Offer Resolution No. 4404, A Resolution Receiving a Report and Calling a Hearing on an Improvement to Gorman Street, from 4th Avenue to County Road 17, Project No. 1996-3 and move its adoption. BL/pmp MEM4404 RESOLUTION NO. 4404 A Resolution Receiving A Report And Calling A Hearing On An Improvement To Gorman Street, From 4th Avenue To County Road 17 Project No. 1996-3 WHEREAS, pursuant to Resolution No. 4315 of the City Council adopted October 17, 1995, a report has been prepared by the City Engineer, with reference to the improvements of Gorman Street, from 4th Avenue to County Road 17 by installation of sanitary sewer, watermain, storm sewer, street reconstruction, sidewalk, trail and appurtenant work and this report was received by the Council on March 19, 1996. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. The Council will consider the improvement of Gorman Street, from 4th Avenue to County Road 17 by installation of sanitary sewer, watermain, storm sewer, street reconstruction, sidewalk, trail and appurtenant work in accordance with the report and the assessment of abutting and benefitted property for all or a portion of the cost of the improvements pursuant to Minnesota Statutes Chapter 429 at an estimated total cost of the improvement of$396,885.63. 2. A public hearing shall be held on such proposed improvements on the 16th day of April, 1996, at 7:00 P.M. or thereafter, in the Council Chambers of City Hall, at 129 S. Holmes Street, Shakopee, Minnesota, and the Clerk shall give mailed and published notice of such hearing and improvement as required by law. 3. The work of this project is hereby designated as part of the 1996-3 Public Improvement Program. Adopted in session of the City Council of the City of Shakopee, Minnesota,held this day of , 1996. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney I 1 FEASIBILITY REPORT ' FOR GORMAN STREET RECONSTRUCTION ' WHICH INCLUDES IMPROVEMENTS TO: GORMAN STREET, 4TH AVENUE TO COUNTY ROAD 17 • IN SECTION 6, RANGE 22, TOWNSHIP 115 SHAKOPEE SCOTT COUNTY, MINNESOTA I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly registered Professional Engineer under the laws of the State of Minnesota. /j1(i6e- 49V1-1-1 Date 01 /`�� /q-‘ Registration No. 17590. 1 1 + 1 1 1 MARCH 1996 I I ' CONTENTS FOR GORMAN RECONSTRUCTION, FROM 4TH AVENUE TO COUNTY ROAD 17 SHAKOPEE, MINNESOTA Description Page No. Introduction 1 Scope 1 ' Background 1 Proposed Improvements 1-2 Cost Estimate 3 Special Assessments 3 -4 Conclusions 4 ' Funding Sources 5 ' Appendix 1 1 I 1 1 1 I I INTRODUCTION I The City Council of Shakopee, Minnesota ordered the preparation of a feasibility report Ifor street improvements to Gorman Street, from 4th Avenue to County Road 17 by Resolution No. 4315. I SCOPE This report evaluates the feasibility of reconstructing this street. All existing infrastructure elements (street, utilities, etc.) were evaluated, improvements I recommended, cost estimates of the proposed improvements prepared and funding strategies developed by this report. I BACKGROUND I Gorman Street was originally a part of the County road system. Scott County could not provide a date for the original construction of the road. It became a City street subsequent to the completion of County Road 17 in about 1974. Sanitary sewer exists in the west and south boulevard areas and was constructed in 1966. Storm sewer exists in Ithe west boulevard and was constructed in 1974. No watermain exists in Gorman Street. The existing pavement is extremely deteriorated to the point where it requires far more I than normal maintenance. There are many transverse and longitudinal cracks, large areas of patching, severe crown problems and drainage problems due to no curb and gutter. This street generates numerous citizen complaints on an annual basis and has been on the 1 5-Year Capital Improvement Plan for several years. The existing zoning of all abutting properties is as shown on the zoning map in the I Appendix. I PROPOSED IMPROVEMENTS IA. Roadway The existing pavement on this street is 24 feet wide with no curb. It is proposed to reconstruct the street to a pavement width of 36 feet with concrete curb and gutter. Gorman Street has been designated as a State Aid street, thus the street I 1 I Imust be built to State Aid Standards. It is proposed to have "no parking" on this street, thus the 36 foot wide street will meet State Aid Design Standards. IB. Sidewalks IThere are no existing sidewalks. This report recommends new sidewalk and trail to extend the County Road 16 I,, ' sidewalk and trail to 4th Avenue as per the Planning Department. The trail is proposed to be on the north and east sides of Gorman Street and concrete sidewalk on the south and west sides of Gorman Street. Per City olicy, a Isidewalk is required along commercial property and per the City's design criteria, a sidewalk is required along property where the residential density is more than Isix (6) dwelling units. C. Sanitary Sewers The existing sanitary sewer is 12 inch clay and PVC pipe. I It is recommended that one segment of 12" clay pipe be replaced with 12" PVC pipe. Additional stubs may be needed to serve undeveloped parcels adjacent to Gorman Street. AnyI service connections that are defective would be replaced from the main line P to the property line. All new service lines or replacements would be assessed to the benefiting property. It has been generally the City's Policy to replace the service line unless the service has been replaced recently with current standard Ipipe material. Any manholes that are not built to current standards would be reconstructed as Ipart of this project. Watermain ID. The Shakopee Public Utilities Commission(SPUC)'s Comprehensive Water Plan dated April, 1993 proposed a 12 inch trunk waterrnain on Gorman Street from 4th IAvenue to County Road 16. SPUC has requested installation of this trunk as part of this project. IE. Storm Sewers I New catch basins and additional storm sewer will be needed in order to improve the street drainage and will be connected to the existing storm sewer system on Gorman Street. I 2 COST ESTIMATE A detailed cost estimate can be found in the Appendix. A summary of the estimated costs are as follows: Street,Trail & Sidewalk $245,762.13 ' Sanitary Sewer Watermain $ 10,835.00 $140,288.50 GRAND TOTAL $396,885.63 SPECIAL ASSESSMENTS Street Portion ' It isro osed to special assess 25% of the street reconstruction costs to those P p properties abutting the project limits either based on front footage. A complete ' assessment roll and assessment calculations for Gorman street can be found in the Appendix. Sidewalks ' New sidewalk would be assessed 100% per City Policy. This assessment has been estimated at approximately $12.52 per foot. Sidewalk is proposed from CSAH 17 to 4th Avenue. ' It is the City's policy to install sidewalks in commercially zoned districts. A bituminous walk(trail) is proposed along the commercial district to connect with ' the bituminous trail along County Road 16. Since sidewalk is required along commercial property,this bituminous walk(trail)will be 100% assessed. This assessment has been estimated at approximately$10.54 per foot. 1 1 3 I Watermain Watermain will be assessed as per SPUC policies. At the time of writing this report, SPUC will pay the oversizing costs of an 8 inch line to 12 inch line with ' the remainder of costs, 100%assessed to the benefiting properties. Per SPUC policy,the watermain will be assessed to adjacent properties along ' Gorman Street with corner lots having a 150 foot corner lot adjustment The watermain assessment is higher than normal due to rock excavation being necessary. The estimated construction cost of rock excavation is $29,760.00. SPUC also will be charging a Trunk Watermain Acreage Charge of$722.00 per acre to parcels as determined by SPUC. Sanitary Sewer& Water Service Lines Any water or sewer service connections that are found to be deficient and replaced will be assessed 100% directly back to the benefited property. New sewer and water services will be assessed 100%directly back to the benefited property. Street Lighting All costs for new street lights installed as part of reconstructing a street will be ' included in the overall project costs and included in the assessment calculations. Other No other portions of the project would be assessed. CONCLUSIONS ' This street is extremely deteriorated and in need of reconstruction. The pavement is beyond any further preservation and requires higher than normal maintenance costs. One segment of the sanitary sewer should be replaced. No watermain exists and should be installed as a part of this project as per SPUC's Comprehensive Water Plan. Property owners would be assessed for 25%of the street costs. This report concludes that street reconstruction is feasible and recommends the improvements as stated in this ' report. i 4 FUNDING SOURCES A. Streets The Assessment Policy of the City of Shakopee establishes the mechanism to be used for street reconstruction. This policy states that 25%of the reconstruction costs will be assessed to abutting property owners. This would include streets, curb& gutter. B. New Sidewalks/Trails ' It is proposed to assess new sidewalk 100%to the abutting property owners. C. Storm Sewers All costs of the limited storm sewer improvements have been merged with street improvement costs. D. Watermain t The proposed watermain improvements would be funded by SPUC and special ' assessments to benefited properties. E. Sanitary Sewer ' The mainline sanitary sewer improvements would be funded by the Sanitary Sewer Enterprise Fund. F. Service Connections Any new water or sewer connections and those service lines found to be defective and in need of replacing will be assessed directly back to those property owners. G. Street Lighting ' All costs with any street lighting have been merged with street improvement costs. ' FUND SOURCE TOTALS Sanitary Sewer Fund $ 4,207.50 SPUC Cost $ 28,366.25 Assessment $208,270.76 Tax Levy $156,041.12 TOTAL PROJECT COST $396,885.63 5 1 1 APPENDIX 1 Description Page No. 1 Preliminary Cost Estimate 1 - 5 1 Existing Storm Sewer 6 Existing Sanitary Sewer 7 1 Existing Watermain 8 Existing Zoning 9 Assessment Areas 10 Storm Sewer&Drainage 11 Sanitary Sewer& Watermain 12 1 Assessment Roll 13 1 1 1 1 1 1 1 i I GORMAN STREET I PRELIMINARY COST ESTIMATE 'i-....,°- ..-ate ��.. -:-: x�, 7": �`' r Si-sem-- �� Sa -' `'3, � � r IJr 4V iz :';:g.' ,uQ«ICBM.JQ1r -li ..11�� :Qty.-,.. 7.13_ 7"" ..a-,w� spiC,. ,.. ROADWAY Clearing EA. 1 $ 175.00 $ 175.00II 2 Grubbing EA. 1 $ 175.00 $ 175.00 I3 Remove Curb&Gutter L.F. 60 $ 2.50 $ 150.00 4 Remove Sidewalk S.F. 60 $ 1.00 $ 60.00 I5 Remove Pavement S.Y. 4666 $ 1.00 $ 4,666.00 I6 Remove Concrete Pavement S.F. 280 $ 1.20 $ 336.00 7 Sawing Bituminous L.F. 198 $ 2.50 $ 495.00 I8 Sawing Concrete L.F. 20 $ 4.50 $ 90.00 9 Common Excavation P C.Y. 3448 $ 4.50 $ 15,516.00 I 10 Agg. Base Class 5 TON 3103 $ 6.50 $ 20,169.50 i ' (100% Crushed-8") 11 2331 Base Course(2") TON 722 $ 23.00 $ 16,606.00 I12 2341 Wearing Course TON 541 $ 24.50 $ 13,254.50 (1 1/2" Modified) I13 2341 Bit. Mixture for TON 19 $ 50.00 $ 950.00 Patching (2 1/2") I14 Concrete Curb&Gutter L.F. 3500 $ 6.00 $ 21,000.00 Design B-618 I I1 I I GORMAN STREET I PRELIMINARY COST ESTIMATE x -a.+..„,,,4:7-- z+z a & ads .�,".-.: I ITEM NO ,.D , C 7lPTlON JN/TS QTY P1 G PR/CE ROADWAY CONT. I15 3" Bit. Bike Trail-8'Wide L.F. 1690 $ 6.50 $ 10,985.00 w/Class 5 Base I16 4" Concrete Walk S.F. 8150 $ 1.80 $ 14,670.00 I17 6"Concrete Driveway Pavement S.F. 655 $ 2.70 $ 1,768.50 18 Sodding (w/4"Topsoil) S.Y. 4405 $ 2.00 $ 8,810.00 19 Adjust Frame Ring&Castings EA. 5 $ 100.00 $ 500.00 120 12" RCP Storm Sewer L.F. 76 $ 22.00 $ 1,672.00 21 15" RCP Storm Sewer L.F. 394 $ 24.00 $ 9,456.00 I22 18" RCP Storm Sewer L.F. 212 $ 26.80 $ 5,681.60 I23 48"Catch Basin EA. 3 $ 1,200.00 $ 3,600.00 24 48"Storm Manhole EA. 9 $ 1,300.00 $ 11,700.00 1 25 Cut into Existing EA. 3 $ 300.00 $ 900.00 26 Connect to Existing EA. 1 $ 300.00 $ 300.00 I27 15" Flared End Section EA. 1 $ 800.00 $ 800.00 I28 Rock Excavation C.Y. 75 $ 30.00 $ 2,250.00 29 Street Lights EA. 4 $ 3,000.00 $ 12,000.00 I I I2 I GORMAN STREET PRELIMINARY COST ESTIMATE ore To y Pa ITEM IVQ .. � � ITS. ,QTY ��" P17/C ffi �� `��PR/C Y �'? SkC#?/PTIC�?;1VV�,� VNITS y � . � ��, �.��,.��_�y _ ,. . . GORMAN STREET ROADWAY ' Total Roadway/Storm Sewer/ Sidewalk/Bike Trail Cost $ 178,736.10 Roadway Cost&Storm Cost $ 151,312.60 Plus 10%Contingency $ 15,131.26 Subtotal $ 166,443.86 Plus 25% Engr/Admin. Fees $ 41,610.97 TOTAL EST. ROADWAY COSTS $ 208,054.83 AMOUNT TO BE USED FOR ASSESSMENT CALCULATIONS = 25% X $208,054.82 = $52,013.70 GORMAN STREET- CONCRETE SIDEWALK Sidewalk Cost $ 16,438.50 ' Plus 10%Contingency $ 1,643.85 Subtotal $ 18,082.35 , Plus 25% Engr/Admin. Fees $ 4,520.59 TOTAL EST. SIDEWALK COSTS $ 22,602.94 ' AMOUNT TO BE USED FOR ASSESSMENT-CALCULATIONS = 100% X $22,602.93 = $22,602.93 GORMAN STREET-BIKE TRAIL Bike Trail Cost $ 10,985.00 Plus 10%Contingency $ 1,098.50 Subtotal $ 12,083.50 Plus 25% Engr/Admin. Fees $ 3,020.88 TOTAL EST. BIKE TRAIL COSTS $ 15,104.38 ' AMOUNT TO BE USED FOR ASSESSMENT CALCULATIONS = 100% X $15,104.38 = $15,104.38 GRAND TOTAL SIDEWALK/BIKE TRAIL ASSESSMENT AMOUNT = $37,707.31 3 I 1 ORMAN STREET I PRELIMINARY COST ESTIMATE y 4,,i,-..,,,,,,4Q ITEM'NO �; DE CR/ T/DN NITS TY =:744'; PRICE,! . PR E z SANITARY SEWER I II12"PVC Sanitary Sewer L.F. 140 $ 19.00 $ 2,660.00 2 6" PVC Sewer Service L.F. 332 $ 10.00 $ 3,320.00 I3 12"x 6"Wye EA. 6 $ 250.00 $ 1,500.00 4 Connect to Existing Manhole EA. 2 $ 200.00 $ 400.00 I I Total Sanitary Sewer $ 7,880.00 Plus 10% Contingency $ 788.00 Subtotal $ 8,668.00 IPlus 25% Engr/Admin. Fees $ 2,167.00 TOTAL EST. SANITARY SEWER $ 10,835.00 I 1 Total Sanitary Sewer Service $ 4,820.00 I Plus 10% Contingency $ 482.00 Subtotal $ 5,302.00 Plus 25% Engr/Admin. Fees $ 1,325.50 ITOTAL EST. SANITARY SEWER $ 6,627.50 I AMOUNT TO BE USED FOR ASSESSMENT CALCULATIONS = 100% X $6,627.50 = $6,627.50 I I 1 4 I GORMAN STREET PRELIMINARY COST ESTIMATE :4'—A:''''44. ' -�` z ' ,'-i.:,-,.,,ig.gs77.,,.-:.'T-'2oa +efi&fir k kfo` ,t1N TPTOTAL. IItENO DESCRIPTION UNITS QTY PRICE ,> ,-,PRICE WATERMAIN I1 12" DIP Watermain L.F. 1710 $ 23.00 $ 39,330.00 2 6" DIP Watermain L.F. 166 $ 16.00 $ 2,656.00 1 3 12"Gate Valve EA. 2 $ 900.00 $ 1,800.00 4 6"Gate Valve EA. 7 $ 450.00 $ 3,150.00 5 Hydrants EA. 5 $ 1,300.00 $: 6,500.00 1 6 Cut Into Existing EA. 1 $ 850.00 $ 850.00 7 Fittings LBS. 3091 $ 2.00 $ 6,182.00 I I8 Rock Excavation C.Y. 992 $ 30.00 $ 29,760.00 9 4th Ave. 12"Watermain L.S. 1 $ 7,400.00 $ 7,400.00 10 4th Ave. Patch S.Y. 440 $ 10.00 $ 4,400.00 I Total Gorman St./4th Ave. 12" $ 102,028.00 ITotal Gorman St.Watermain (8") $ 81,398.00 Cost Plus 10% Contingency $ 8,139.80 Subtotal $ 89,537.80 I Plus 25% Engr/Admin. Fees $ 22,384.45 ITOTAL EST.WATERMAIN $ 111,922.25 I AMOUNT TO BE USED FOR ASSESSMENT CALCULATIONS = 100% X $111,922.25 = $111,922.25 AMOUNT TO BE USE FOR SPDC PARTICIPATION = $ 20,630.00 Plus 10%Contingency $ 2.063.00 Subtotal $ 22,693.00 Plus 25% Engr/Admin. Fees $ 5.673.25 EST. SPDC PARTICIPATION $ 28,366.25 5 I 1b 0 0 1 <1ci C W J Cr U J N J 1 .4 U I I\ Ct \ ' Q7'06 w a M liW , _ 1331S 3NIAIA 1 O ! P W d bS, vv Z QQ �; k ,1S I \ C 3Idl j aN li O W 331V\dHS (.; w I \ i � Q to Q� ��dnsadw 'l .--��' 0 M I J � Wed is 3d3 O 1 1 ndN' / 31 � AVI I ti..\\ I 4 t., 1S �, om, d W Z \ i�IdQiiiii 1S t— \ J\-1-----3 '^ �1111 Za NNI � '1S Ell OS3NNIw N Lai \ • � � ~ r.. .. .., .. ... nil ,1S i o W a.. I x ,15 ..--„,1.... ,� )11 1S o C\ '''--/' 1S IyW -'� -� I 'Ud3SN3dS \ n1 1 tl3?j0 o. —y�\ > 1 J is I I I 0 • o Cr1 (I JDJ a oV) Ct t-- I ' w � a Qdoa p \ . A 4,4.,./ � iN �331S JNI�II/� N LAI �S Nj ��Q , A11- I T. l Ce I _ �p 1 S iX • = W 1 a1• _ LL, ,,,, _.,. : c_. F-- 0 10.L.1. 1'1/4)8.. 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O m O. 0 CO 0 W 0 O. 3 U ^ m U U ^ m m < W F.1 W '� 7 O N 0 0 0 C O 0 O N N W HN aO N NW Q 8 ^ O OO OO OO O I �� "g'44 • m'k 0 oN oN N N• mN coN mN coN m K N 13 - • 12x1 Ccarison Learning Company THE PERSONAL PROFILE SOFTWARE SYSTEM WORK BEHAVIOR PROFILE a plan to understand self and others All of us have developed behavioral patterns - distinct ways of thinking, feeling, and acting. The central core of our patterns tends to remain stable because it reflects our most natural behavior -- a combination of our earliest learned responses, as well as, whatever portion of our behavior which may be instinctive or hereditary. However, the demands of the environment often require different responses that evolve into a work behavioral style. The Personal Profile Software System is designed to increase understanding, acceptance and respect for individual differences in the work environment. The System is based on the DiSC model of behavior as developed by William Moulton Marston and John Geier. This model identifies four distinct types of behavioreople tend to use to meet their needs. All people are capable of using all four ofthesetendencies to some extent. However, each of us has a tendency to use some of these behaviors more than others. The four behavioral tendencies are briefly defined below: D DOMINANCE: People with a high `D' behavioral tendency seek to meet their needs by controlling their environment through direct, forceful action, often overcoming opposition in unfavorable or antagonistic situations. i INFLUENCING: People with a high `i' behavioral tendency seek to meet their needs by persuading others to work with them to accomplish results. They function most effectively in favorable, supportive environments. S STEADINESS: People with a high 'S' behavioral tendency seek to meet their needs by cooperating with others in a steady, consistent manner to carry out their respective tasks. They tend to function most effectively in favorable, supportive environments. C CAUTIOUSNESS: People with a high 'C' behavioral tendency seek to meet their needs by working with existing circumstances to provide quality and accuracy. They seek to meet their own standards for results even in unfavorable environments. The Personal Profile Software System is not a test. You cannot pass or fail. There isn't a best pattern. Research evidence supports the conclusion that the most effective people are those who know themselves, know the needs of the situation, and develop strategies to meet those needs. The information in this report is most helpful when reviewed and discussed, using your understanding of the specific needs of the environment and your direct experience with Terry, to develop an action plan for applying the information to the specific needs of her environment. Work 19 The Brimeyer Group, Inc. 904 Mainstreet#205 Hopkins,Minnesota 55343 (612)945-0246 [C7 t980 CflOn Leamp Comoanv M ngnts reserved 5 ,DCooynpei'980 in8 Gay Lime Company,nc-N nom%reserved 0 Carlson Learning Company 11 BEHAVIORAL HIGHLIGHTS This section lists the potential strengths of Terry's Work Behavior Profile. Personalize the information using these steps: <1> Check mark the boxes of those statements that you think accurately describe Terry's behavioral style. <2> Cross out the boxes of those statements that you feel do not describe Terry's behavioral style very well. <3> Write in comments to modify the statements to make them more ■ descriptive. ■ Some of Terry's behavioral strengths may be: U Likes a fast pace, new activities, change and variety U Quick to act and creates a sense of urgency in others U Enjoys challenges and competition U Can move forcefully to get results U Uses direct, action-oriented approach to solving problems Work The Brimeyer Group, Inc. 904 Mainstreet#205 Hopkins,Minnesota 55343 (612)945-0246 (C),990 Canson Laarnng Caroanv-An np T,!esave0 6 CGom+ro^t I 990 The car ume caroaa.nc.-a n°nn.esaveo 0 CCarlson Learning Company BEHAVIORAL OVERVIEW -I The following narrative, based upon the profile responses, provides a general overview of Terry's natural behavioral style in the work environment. This section is designed to provide a broad overview of her natural, most comfortable behavior. Terry's actual observed behavior may be somewhat different due to modifications based on the demands of the situation, the expectations of others, and her personal values. Review and discuss the information, deleting the portions that do not seem applicable and highlighting the portions which may be most relevant and useful. L Terry tends to be a strong willed individual who continually seeks out new horizons. Tending to be extremely self-reliant and independent in both thought and action, she may prefer to find her own solutions to any difficulties she may encounter. Although she may ask others for information, she seldom asks for opinions or solutions, preferring to make her own decisions. Due to her independence and self-sufficiency, Terry may feel relatively free of peer pressure or constraints of the group. Therefore, she may be able to bypass conventional ideas and current practices to come up with imaginative and innovative solutions. Terry tends to look for a new challenge or a new opportunity. She may be anxious to test her skills and knowledge against the demands of a new situation. Tending to be somewhat reluctant to acknowledge her shortcomings or errors directly, she may tend to keep trying new solutions and new approaches until she obtains the results she desires. Or, she may simply move on to a new challenge. She tends to focus on solving the problem rather than on identifying the person responsible for the problem. As a result, she may avoid wasting time in blaming and buck-passing' behavior. Tending to be easily bored, Terry may search for new activities and opportunities for achievement. She may prefer activities that require considerable mental or physical effort. Tedious, long-term, or slow activities may cause some discomfort. She may prefer to get a activity started and then turn it over to others to finish. However, she tends to want to have complete control of the results of any activity for which she is held responsible or which is important to her. In fact, Terry may like to be in control of most situations. Although she generally may tend to be direct and forceful, Terry may be capable of careful planning and strategic manipulation of people and situations to ensure that her goals are met. She tends to be very persistent in pursuing the results she desires, doing whatever she can to overcome or reshape any obstacles that may appear. This may make others uncomfortable unless a climate of mutual trust has been established. Terry may have high expectations of others and may be critical when her standards are not met. In particular, she may want others to be like her: self-starters who think for themselves. Tending to be so strongly focused on results, she may seem to lack empathy and often seem uncaring. Since she may put her own interests first, she may appear self-centered. Opportunities for personal advancement and challenge may be very important to her. If Terry is required to participate with others in situations which limit her individualism, she may become defiant and aggressive. Similar behavior might occur when she does not get her way on something important to her. She may generally enjoy being with people. However, Terry may become a loner when something needs to be done. She may normally prefer to give the details of an activity to someone else to do. Yet, under pressure her need for control and high expectations for performance may cause her to complete the activity alone or to interfere with the efforts of others to whom she has delegated the details. Terry tends to approach a new problem or decision in a quick and direct manner. She may size up all the data available - taking time to get additional facts only if there is a glaring lack of information - and then very quickly come to a tentative solution. She may monitor the results of that decision and make changes as needed. She may be willing to try new ideas and to take "°""9 The Brimeyer Group, Inc. 904 Mainstreet#205 Hopkins,Minnesota 55343 (612)945-0246/- (C)x990 Cannon Leanne Cmoeny-AN rgnrs reserver,6 2 1990 ine Gary unis Cw'vs'v sc.-M non,s reserved 0 • cCarlson Learning Company BEHAVIORAL OVERVIEW -- Continued -- L' risks equal to the expected results. W" " The Brimeyer Group, Inc. 904 Mainstreet#205 Hopkins,Minnesota 55343 (612)945-0246 IC)+990 Carlson Loam,Comoa,-nx„yns rasarvw s ®Cooynp+i rye Gary ume camanv..+c.-a num reserves 0 • Carlson Learning Company I- 1 MOTIVATING FACTORS People have different sources of motivation and different goals based on their most preferred behavioral tendencies. This section lists those factors usually found to be most motivating to someone with Terry's behavioral tendencies. Some of these factors may not apply to Terry because she may have modified her behavior due to her life experiences and values system. Some of the factors may appear to be contradictory because of the differences in the tendencies that comprise Terry's behavior. Review and revise as necessary. Terry may be motivated by: • Having control over her work environment • Being able to direct other people's activities • Being offered new opportunities and new challenges • Situations where she is held accountable solely for results rather than for how the results are achieved • Opportunities for advancement • Rewards for achieving goals `NO1"8 The Brimeyer Group, Inc. 904 Mainstreet#205 Hopkins,Minnesota 55343 (612)945-0246 ,C)1 Cw'Va,-N ,.(0,0(..006 4 cc moengnt.960 The Gary�c�Y.r 01�„r 0 Carlson Learning Company PREFERRED ENVIRONMENT People have different preferences in the environment in which they most prefer to work or live. What one person finds delightful may be intolerable to someone else. This section provides information on what environment Terry might find most desirable based on her behavioral tendencies. Some of these factors may not apply to Terry or may appear contradictory because of the differences between the tendencies that describe Terry's behavior. Review and revise as necessary. Terry wants an environment which provides: • Maximum freedom to determine how things are done • Fast-paced, results-orientation • Performance measurements and rewards based upon achieving agreed upon results • Her the opportunity to control events MK.39 The Brimeyer Group, Inc. 904 Mainsheet*205 Hopkins,Minnesota 55343 (612)945-0246 (C),sso Car,son Lam Company ane,,,,ase,,,ed o 5 cc�on,,�The Gary Lrtne CdWs-y.nc..N�n reserved o Carlson Learning Company T I TENDS TO AVOID {1 All people have different situations or activities that they naturally tend to avoid based on a dislike or fear of what is involved in the task or interaction. By knowing what our most likely avoidance behaviors are, we can chose strategies for coping with them and reduce possible negative outcomes such as procrastination. This section lists the activities and situations Terry is most likely to avoid based on her behavioral tendencies. Some of the factors may not apply to Terry. Review and revise as necessary. _J Based Based on dislike, discomfort or fear, Terry tends to avoid: • Situations where she has no control over the environment • Appearing soft or weak • Situations requiring routine, predictable behaviors day after day • Being closely managed by others • Having to check in frequently and report what she is doing, • Having to report step by step how she is going to do a task or activity Wore 19 The Brimeyer Group, Inc. 904 Mainstreet#205 Hopkins,Minnesota 55343 (612)945-0246 m 1990 Caron LanQ CORna,W M ogres,eservea 6 6 ®coav^9^t,moo,e Gary I Company.Inc u Nets reserved o Carlson Learning Company ■ STRATEGIES FOR INCREASED EFFECTIVENESS ■ This section describes possible actions that Terry might take to modify certain naturally occurring behavioral tendencies to achieve greater effectiveness. Some of these strategies may be already in use, others may represent areas for potential skill development. It may be useful to prioritize the strategies based on the needs of the current environment. Review and revise as necessary. Terry would increase effectiveness by: • Taking more time to think through possible consequences before taking action • Listening and considering the thoughts, feelings and experiences of others • Learning to negotiate outcomes on a win/win basis • Explaining her reasoning process rather than just announcing conclusions • Learning to participate in a group without being in charge • Developing tact and diplomacy in communications and interactions with others • Giving recognition to others for their efforts Worx 3 9 The Brimeyer Group, Inc. 904 Mainstreet#205 Hopkins,Minnesota 55343 (612)945-0246 �C)+g6a Canso-Learrvrp Company-AM-CP.reserved 6 7 OCoov gro X980 The Gary Little Conparry.Inc.•AI rpnn reservPo D IFCarlson Learning Company ■ DEMOTIVATING FACTORS ■ People have different factors that affect their motivation both positively and negatively. By understanding what these factors are we can increase the amount of time we are experiencing those conditions that enhance our positive motivation and reduce the impact of those factors which will reduce self motivation. The following list can be used to create an environment more supportive to positive motivation by managing or eliminating demotivating factors specific to Terry's behavioral style. ■ ■ Terry may become demotivated when: • Her authority is counter-manded • Her responsibility is diminished • Her resources are restricted • Required to do routine activities with little or no variety • Closely supervised • Required to report frequently on activities rather than results • Has no opportunity for advancement WOric 39 The Brimeyer Group, Inc. 904 Mainstreet#205 Hopkins,Minnesota 55343 (612)945-0246 1a 1soo Carbon Leenang Conow y M nems reserved 6 8 ®coovrgm+sed ene Garry Lhoe Company nc..,v noels,eyed o • Car/son Learning Company I- BEHAVIOR IN CONFLICT SITUATIONS Most people use behavior in conflict situations that can be described as either a 'fight' or 'flight' response based on their natural behavioral tendencies. Some people use a combination of both responses depending on the intensity or degree of risk involved in the situation. The following describes a range of responses that Terry might use in a conflict situation. These behaviors may have been modified due to Terry's values — system and/or life experience. This information will be more helpful if reviewed with — Terry, ranking the behaviors from most likely to be used to least likely. In a conflict situation Terry • Tends to take a direct, aggressive approach • May escalate levels of aggression • May create win/lose outcomes • May overpower others who then retaliate with covert aggression • Tends to become defensive • Can become autocratic, using rank and authority to end the conflict "'ai119 The Brimeyer Group, Inc. 904 Mainstreet#205 Hopkins,Minnesota 55343 (612)945-0246 ICI,szo Canson Learn.ng C,Dant/ N ngn,s reserves fi 9 ccrr m 1990 The Gxy Uare Conoary.nc..M nra reserves 0 CCarlson Learning Company Personal Profile Software System Graphs Graph l: Adaptive Behavioral Style I Graph II: Natural Behavioral Style D i S C D i S C Segment 6 5 4 v 3 i� �" K, 2 eery YS 4\+ f .r,•x ti 41,ggi*p FIN . ligitiliiAl ,...,,......,.. ......,....,,, ..K.4...:Kez... . )ii f., Todav's Date: 08-23-1995 . Environmental Focus: work Graph I represents Terry's perception of the behavioral tendencies she thinks she should use to meet the expectations of others in the designated environment of this focus. This perception tends to be situationally flexible and may change from one environment to another. Graph II is Terry's perception of her more natural style which tends to be less situationally flexible. Comparisons of the two graphs may indicate areas of stress as well as comfort for Terry. The behavior of Terry is best described by the DEVELOPER Pattern, characterized by a strong drive for Dominance. The Brimeyer Group, Inc. 904 Mainstreet#205 Hopkins.Minnesota 55343 1672)945-0246 (C),sea cy+sa,Laan.,p co.mav an MQNS,eserac 1 0 ®COONgm,980 The Gary U19e CO,nea^YM. M rpn,s,asenetl D IvCarlson Learning Company BEHAVIORAL TENDENCY CONTINUUM Each of the thirty-two items in the continuum represents the range of intensity, from low to hi h, for that specific behavior in Terry's Profile. The intensity may indicate how frequently Terry uses that behavior. * Graph I - Adaptive Behavioral Style _ • Graph II - Natural Behavioral Style 0 50 100 ACCEPTS - open, receives willingly * • ADHERES - sticks to the rules • ADVOCATES -promotes, urges action * • AGITATES - stirs up, rocks the boat * • AMPLIFIES - explains, expands the point •* ASSIGNS - delegates to others * • ASSUMES - takes for granted * • BOASTS - brags about abilities CAPTIVATES - charms others Ite COMMANDS - directs others * • DIGESTS - absorbs, thinks it through • * ESTABLISHES - stabilizes, builds to last • * IMITATES - follows the leader's example * INVENTS - creates new solutions, ideas * • INVESTIGATES - examines, checks it out • * JUSTIFIES - defends, gives reasons for • I I Work '9 The Brimeyer Group, Inc. 904 Mainstreet#205 Hopkins,Minnesota 55343 (612)945-0246 12 CCar/son Learning Company ■ BEHAVIORAL TENDENCY ■ CONTINUUM Each of the thirty-two items in the continuum represents the range of intensity, from low to high, for that specific behavior in Terry's Profile. The intensity may indicate how frequently Terry uses that behavior. * Graph I - Adaptive Behavioral Style • Graph II - Natural Behavioral Style ■ 0 50 100 MAINTAINS - continues, preserves MANEUVERS -plans skillfully • *. MODIFIES - adapts, adjusts, revises • NURTURES - shows care for others •k OBJECTS -protests, argues, disputes • * OBSERVES - watches attentively • * PLANS -prepares, maps out task • * PRAISES - compliments, shows approval * • PROHIBITS - cautions, prevents risk • * PROTECTS - guards tradition, stability RECONCILES - appeases, settles differences 4* REVIEWS - examines in detail • * SPECULATES - gambles on the future k TESTS - examines, tries it out • * TRUSTS - believes in others *4 VERBALIZES - talks things out 'k • wow 39 The Brimeyer Group, Inc. 904 Mainstreet#205 Hopkins,Minnesota 55343 (612)945-0246 rsBo Carbon Leamns Comoeny-AY rip is,eserveo 6 13 `Kom"9^t r9Bo iTe Gary urge Corroeny,Yc..M^Bhrs nsenratl 0 Carlson Learning Company HOW TERRY TENDS TO MANAGE This section describes how Terry may tend to manage based on her natural behavioral tendencies. Some of these key management behaviors may have been modified due to life experience and Terry's values system and, therefore, represent only potential behaviors. Some of the behaviors may appear contradictory as they represent the different behavioral tendencies that comprise Terry's style. Review and discuss the list, l determining which behaviors are most effective in this management environment. — I COMMUNICATING • Tends to be direct, factual, bottom-line oriented • Tends to avoid wasting time on small talk or social amenities • May be perceived as blunt, cold, or uncaring DELEGATING • Tends to delegate to others responsibility for follow through on details • May be so non-specific and results-oriented in assigning tasks that others have difficulty finding out how to do It • May have difficulty delegating authority to go with the responsibility because she wants to maintain control DIRECTING PEOPLE • Tends to tell people what to do in a forceful, direct manner • Likes to control the results • May be so direct and forceful that people have difficulty asking questions, clarifying understanding, and pointing out potential problems DEVELOPING PEOPLE • Tends to put people to work right away believing that `hands-on' involvement on the job is the best way to learn • Prefers self-initiating, self-directed learners and tends to be impatient with having to provide instruction • Tends to highly value practical experience DECISION-MAKING • Tends to be quick, decisive, independent, and firm • Tends to be bottom-line oriented, assessing the short-term impact • May fail to consider long-term consequences and fail to include all factors in complex situations MANAGING TIME • Tends to operate with a sense of urgency, taking short-cuts wherever possible • Tends to take pride in efficient solutions that allow her to pack a lot into a day Work 39 The Brimeyer Group, Inc. 904 Mainstreet#205 Hopkins,Minnesota 55343 (612)945-0246 ,'Ci 1990 Carson learning COrea,v.66 ngnls reservetl 6 1 4 cJCVr'S]n,,990 The Gary lane Corpann,e�_e rgne reserves 0 Carlson Learning Company HOW TERRY TENDS TO MANAGE I ' -- Continued -- • May underestimate time involved in some activities, resulting in cutting things short, potentially missing deadlines • May be critical of others who do not share her sense of urgency or work at the same fast pace PROBLEM-SOLVING • Tends to prefer simple, practical, easy-to-implement solutions • May have difficulty involving others in the problem-solving process because of her impatience and desire for immediate solutions MOTIVATING OTHERS • Tends to create competitive challenges • Sets short-term goals and recognizes achievement of results The Brimeyer Group, Inc. 904 Mainstreet#205 Hopkins,Minnesota 55343 (612)945-0246 (C),980 Canon Leemn°ConvanY-M np6Ts re66^.6 6 1 5 ®co,r990 Tie Gery Lmk Coimany,roc.-M rgnn reserved 0 CCarlson Learning Company STRATEGIES FOR MANAGING TERRY All people are not the same. A management strategy that is very effective with one person may be disastrous with another. Trial and error learning about which strategies are effective with which person can be very time-consuming and expensive both in the dollar cost as well as the emotional cost. This section provides a starting point for developing strategies based.on Terry's natural behavioral tendencies. By reviewing and discussing the strategies listed for each key management activity, you can develop an — accurate, effective plan for managing Terry. J DEVELOPING • Make her productive quickly • Show her the simplest, quickest, most practical way to get results • Emphasize the key details necessary to get results • Define clearly the limits of her authority MOTIVATING • Provide opportunities to work independently • Allow her to direct the efforts of others • Offer options for achieving goals • Provide challenges, opportunities to 'win' COMPLIMENTING • Use brief, direct statements, focusing on achievements, results, and leadership abilities COUNSELING • Focus on obstacles to achieving results and how to eliminate them • Present needed changes in terms of impact on results and consequences • Request solutions from her PROBLEM-SOLVING • Tends to take a practical, results-oriented approach, preferring simple, easy-to-implement immediate solutions • May need to be directed toward considering the long-term consequences • May need coaching in handling complex problems due to a natural tendency to over- simplify in a rush for immediate results DELEGATING • Tell her what result you need and by when, let her determine how to get it done • Specify clearly the limits of authority and available resources, allowing autonomy within those limits CORRECTING Work ° '° The Brimeyer Group, Inc. 904 Mainstreet#205 Hopkins,Minnesota 55343 (612)945--02��46 (C)1960 Carlson Leasrrg Company AN nvr.lb x656,60 6 1/yV ®Cooyrpnl x990 The Gay Litre Conoarrymacewes reserves 0 Carlson Learning Company ' 1 STRATEGIES FOR MANAGING TERRY I '' -- Continued -- • Be firm and direct, specifying the desired result as well as current level of performance • Direct the discussion to what she is going to do to eliminate the gap in performance • Define time limits for improvements and state consequences clearly DECISION MAKING • Tends to be a quick decision-maker • May need coaching on taking time to gather sufficient information and considering possible consequences before making decisions • Point out benefits in taking more time in terms of improved results COMMUNICATING • Prefers direct, to the point communications without a lot of time spent on social chatter • Be prepared to listen to her ideas before moving on to other topics • State areas of shared agreement before moving into other areas of less agreement • Tends to practice selective perception, only hearing and/or remembering that with which she agrees • Check at end of discussion to make sure everything was heard and stored in memory by asking her to summarize and restate w°" 39 The Brimeyer Group, Inc. 904 Mainstreet#205 Hopkins,Minnesota 55343 )612)945-0246 C�Laxnnp C��. M^On,s,a=arvec F 17 ®Co„i9B0 me Gary URa Caroany,K..M rpnu reseve0 0 / ("- May 7, 1996 Shakopee City Council Shakopee, MN 55379 Dear Members of the Shakopee City Council; The Shakopee Community Arts Council (SCAC) requests to continue its utilization of city-owned building space at 137 First Avenue. Points of a proposed lease agreement follow: 1. SCAC understands that the period of lease is for an indefinite period of time and is prepared to vacate the property upon 14 days notice provided by the city. 2. SCAC will pay all utilities during the period of their lease of the property. 3. SCAC will ensure that the exterior of the property is maintained to acceptable standards of cleanliness and neatness during the period of their occupancy. 4. SCAC will ensure that upon termination of the lease that the property will be left in no worse condition than that which existed at the time of occupancy. 5. SCAC will ensure that security of the property is maintained on a 24 hour basis. (Clerk/Agent on premises when open; locked when not open) 6. SCAC will comply with all city ordinances during their period of occupancy and use. 7. SCAC will hold the city of Shakopee harmless for any and all injury and/or property loss which may be experienced by SCAC and SCAC participants, customers, and agents as a result of their occupancy of the space leased to SCAC. For a description of the Shakopee Community Arts Council, including rationale for space use, please continue reading. What is SCAC? The Shakopee Community Arts Council is a non-profit, tax-exempt organization promoting the awareness, participation, and appreciation of the arts in the Shakopee area. SCAC consists of eight board members which include four acting officers. Numerous attempts at forming an Arts Council in Shakopee precede the recent organization of SCAC in October of 1995. The creation of the Arts Council stems from discussion meetings with various community members. The Council is complete with name, mission statement, bylaws, and elected board members and officers. Objectives of SCAC include; supporting local artists with necessary resources to produce, share and market their work; creating opportunities for Shakopeans to engage in artistic work as audience, student, and/or artist; and to involve city organizations--business, government, and non- profit--in every possible aspect of activity. Who is its membership? Shakopee townspeople and organizations support SCAC in various levels of membership. After six months of operation, membership is as follows: -1 Senior/2 Students -6 Individuals -11 Families -4 Organization/Groups Of these 24 members, 12 classify themselves as artist/performers. What has SCAC accomplished? SCAC's first event was the Festival of Arts. Less than a month after the organization formed, an application for a regional arts grant was solicited and addressed. Coupling two primary objectives, supporting artists and creating opportunities for community members to engage in the arts, members of the Arts Council chose to host a Festival of Arts. To attract a cross-section of the community, the event intentionally sought varied venues and artistic mediums. The Council envisioned the Festival in accordance with the mission statement and to broaden its support base with increases in membership, finances, contacts, and exposure. From April 8-12, five evenings of artistic expression involved over 130 area artists, 500 audience members, dozens of businesses, and over 1000 individual contributors of time and/or money. The Festival of Arts production was a success; the Festival generated $2300, and numerous city organizations assisted in the efforts, and the Shakopee Valley News ran a front-page article highlighting the event. The Arts Council provided $350 grants to five applicants as well as hosting the opening of the visual art gallery at 137 First Avenue and a recognition banquet with Jim Klobuchar as guest speaker at the end of the week. The raised moneys prior to and during the Festival offset expenses and left the Council nearly $600 in the black. What is the relationship between the Arts Council and the space at 137 First Avenue? In February of 1996, SCAC approached City Council with a request to utilize city-owned spaces in Block 3 to adequately host the Festival of Arts. City Council agreed to open this space to SCAC and place activity within the City's insurance coverage. SCAC agreed to denote the City of Shakopee as an official sponsor of the Festival. The building once occupied by Paragon Cable and Kosse Studios was transformed into a gallery over four days. Volunteers from SCAC's board and membership cleaned and prepped the building for use. On Monday, April 7, artists filled the space with their works of sculpture, drawings, paintings, and collage. That same evening, the gallery opening and reception welcomed well over 100 visitors. Each successive event, Tuesday through Thursday, also hosted receptions in the gallery, when an additional 250 people visited the space. During these receptions, people asked if the space wasn't SCAC's office and if more such receptions and openings would take place in the future. Due to the high turnout and pointed questions, the Arts Council decided to pursue continued use of the building. What is the intention of use for this space during occupancy? Here's is an idea of what might take place if the Arts Council were located at 137 First Avenue for one year: Over the next twelve months, the gallery could feature 16 openings and receptions by highlighted artists; 8 live art performances, including theater, literature readings, and movies; and, in conjunction with the openings, live music performances. Of course, once a year, community- wide access to exhibition could be provided by a gallery opening during the Festival of Arts in Spring. With this number of events, 60 of 104 weekend nights would include gallery events. In addition, afternoon hours for off-street visitors to the gallery would mean more activity. How will the Arts Council cover expenses for the space? How will the Arts Council cover expenses for the space? Volunteer support will continue to be the Arts Council's main thrust for success. Financially, the Council could cover utility expenses via admission sales, membership dues, commission on art sales, and grants. Finally, how will the City benefit from such an agreement for use of the said space? Activity at the gallery will generate a greater awareness of Shakopee's downtown condition. Concrete action will solidify the City's intent to support cultural and artistic activity in the community. Utilization of otherwise dead-space will enhance the business climate of First Avenue and maintain a city centrum for residents of Shakopee. It is in response to the eventual success of our initial working agreement that the Shakopee Community Arts Council approaches the City Council in request to use space at 137 First Avenue. We appreciate your consideration and hope to continue this exciting enterprise. Sincerely, (1,`7'4 4' `7 0' --� Steven Anthony Smith Interim Treasurer with SCAC Interim Officers : Joel Cole, President Jason Garness, Vice President • Andy Mast, Secretary p t ,*," MOTORCYCLES TM Founders American Made Daniel L.Hanlon David P Hanlon May 1,1996 Mr.Jeff Henderson,Mayor Mr.Barry Stock,City Administrator Ms.Nicole Bennett,Econ.Dev.Specialist CITY OF SHAKOPEE 129 South Holmes Street Shakopee,MN 55379 To Those Involved In The Site Visit To Shakopee By Excelsior-Henderson Motorcycles: On behalf of Excelsior-Henderson Motorcycles,I offer a heartfelt thank you for your time and graciousness during our visit to your city,Shakopee. I believe it may be possible that together we may have a long,prosperous, and enduring relationship. The citys' plans, progress, and entertainment allure may bode well for our headquarters site. As you know, there are a lot of variables, and if both parties desire to make it work, I believe there exists the opportunity for mutual rewards. We are very impressed with a few select sites in Minnesota, and I have asked Mr. Pelstring to keep this process moving along. I believe he will be in contact with you. I wish there was a way to adequately give thanks to all those who participated in the proposal and site visit. If you would like, please circulate this letter or pass along my comments of appreciation to those who are involved in the process. Sincerely, EXCELSIOR-HENDERSON MOTORCYCLES Daniel L.Hanlon cc: Jon Albinson Mark Gustafson Pat Pelstring EXCELSIOR-HENDERSON Motorcycle Manufacturing Division HANLON MANUFACTURING COMPANY 607 West Travelers Trail, Burnsville, MN 55337 612-894-9229 fx 612-894-9705 OFFICIAL PROCEEDINGS OF THE ECONOMIC DEVELOPMENT AUTHORITY REGULAR SESSION SHAKOPEE, MINNESOTA APRIL 17, 1996 MEMBERS PRESENT: Zorn, Miller, Link, Amundson, VanHorn, Morke, Reinke STAFF PRESENT: Barry Stock, Acting City Administrator; Paul Bilotta, Community Development Director; Nicole Bennett, Economic Development Specialist 1. Roll Call President Zorn called the meeting to order at 6:00 p.m., and roll was taken as noted above. 2. Approval of March 20, 1996, Meeting Minutes The March 20, 1996, meeting minutes were approved as written. 3. Approval of Agenda The agenda was approved with the following items added: 8e)McComb Contract, 9a) MUSA Update, 9b) Liquor License Update, 9c) Sexually Oriented Business Update. 4. Approval of Bills Link/Amundson moved to approve the bills in the amount of$5,747.82 for the Blocks 3 & 4 Fund. Motion carried unanimously. 5. Building Study - 213 E. First Avenue Mr. Stock stated that a month ago the City undertook a study of the Country Collections building in Block 4 to evaluate the cost of three alternatives including demolition, rehabilitation without relocation, and relocation of the building to the library site combined with rehabilitation. Study will be useful in determining what to do with other building once City acquisition is completed. A copy of the completed study was provided in the packets and Tom Downs from BKBM Engineers is present to answer any questions. Tom Downs, BKBM Engineers, briefly reviewed the three alternatives analyzed and the costs involved. He stated that demolition would cost approximately $30,000; rehabilitation would cost approximately $263,000; and relocating the building plus rehabilitation would cost approximately $910,000. He noted that there is roughly a factor of 10 in going from option one to option two, and a factor of 3 in going from option two to option three. Comm. Amundson inquired as to the value of the structure originally in terms of what the City paid for it. Mr. Stock responded that the appraised value was $160,000. Discussion ensued regarding the merits of moving the building, and the consultant's confidence that the building is movable, and the possibility of moving only the front half of the structure. Pres. Zorn inquired as to a ballpark figure for only restoring the front of the building. Mr. Downs replied that it might cost approximately $30-50,000 to temporarily brace and restore the front half once a new back is added. Comm. Miller inquired as to the abatement of hazardous materials, what hazardous materials were identified, and what problems or costs would be associated with them. Mr. Downs replied that their engineering firm does not handle the identification of hazardous materials, Economic Development Authority April 17,1996 Meeting Minutes Page 2 but there are specialized firms that conduct that type of analysis. Mr. Stock noted that a Phase II analysis will need to be conducted prior to any demolition or rehabilitation on Blocks 3 & 4, and bids could also be solicited for the cost of remediation and demolition. Comm. Reinke noted that abatement will be required regardless of whether the buildings are demolished or rehabilitated. Mr. Bilotta noted that staff could contact the State and find out approximately what the abatement costs were on the north side of the blocks when the mini- bypass project was conducted. Morke/Reinke moved to receive and file the report. Motion carried unanimously. Miller/ Morke moved to direct staff to find out the approximate cost of hazardous waste removal on Blocks 3 & 4. Motion carried unanimously. 6. Goals and Objectives Pres. Zorn stated that a list of the goals and objectives as submitted by EDA members was compiled by staff and is included in the packet. Comm. VanHorn requested that "marina" be added to the list. Pres. Zorn requested that the EDA members rank the goals on the list from 1 to 4, with 4 being the highest value, and staff calculate the top 10 ranked goals. Pres. Zorn noted that the ranking of the EDA goals and objectives is as follows: (1) Blocks 3 & 4; (2) TIF Policy for Industrial Development; (3) Riverfront Plans; (4) EDA Staff Position; (5) Three Way Tie - County Campus and Adjoining Properties, Blighted Parcels, Encourage Downtown Business Expansion; (6) Four Way Tie - East Shakopee Development, Expand Downtown Grant Program, Est. Historical Preservation Guidelines, Marina. Pres. Zorn suggested that these top 11 goals be the primary focus, and the other EDA members agreed. 7. Industrial Development Incentive Policy Mr. Stock stated that the City presently has an industrial development incentives program in place that it has used since 1987. He noted that there are three main criteria of the existing program that require projects to have a minimum of 5 acres, an increase in value of 10-to-1, and a minimum of 50 full-time employees. Mr. Stock stated that staff is looking for direction from the EDA as to where it would like to go with the TIF policy, and should it only be used for parcels with hardship (rock, wetlands, etc.), or as an incentive. Pres. Zorn inquired as to where the three criteria originated. Mr. Stock responded that at the time of developing the policy, it was in keeping with the cities of Chaska and Chanhassen because those cities were the City's main competition. Comm. Reinke noted that these policies were put in place under the old TIF law which has changed dramatically over the years. Comm. Miller stated that perhaps the EDA discussion should focus on the funding needs for City projects into the future, funding requirements of the program and whether TIF should be used for hardship or as an incentive. Discussion ensued as to Shakopee's role in attracting businesses and using TIF. Mr. Stock noted that the K-mart and Racetrack districts expire in 2002, and the Valley Green parcel would be the only vacant parcel remaining in an established TIF district. He noted Economic Development Authority April 17,1996 Meeting Minutes Page 3 that districts may now only be kept open for 7-9 years. Discussion ensued on the merits and problems associated with establishing a TIF district prior to securing development for the property within the district. Pres. Zorn stated that the EDA may want to focus on an overall package of incentives, not strictly TIF. Comm. Reinke noted that utilities and infrastructure can play a major role as incentives for industrial development. Comm. VanHorn stated that due to the housing situation, perhaps the City should focus on attracting big boxes with fewer jobs and benefit from the increased tax base. Mr. Stock inquired as to the criteria preferred by the EDA in terms of project size, site problems, cases of blight, high-tech industries only,etc. Discussion ensued regarding other program options and an incentives package including, but not limited to tax increment financing. Comm. Amundson stated that a well balanced economic base should be a goal of any program. Comm. Morke noted that small business development should also be kept in mind. Mr. Jon Albinson, Valley Green Business Park, noted that a public/private partnership would be better than government speculation and competition with private business. Comm. Morke noted that the EDA's intent is not to compete with private business, but to help private business and the City to grow and prosper. Comm. Miller noted that a goal should be to bring taxes into the City. Comm. Morke stated that the expansion and retention of existing businesses should not be overlooked. Comm. VanHorn agreed and noted that increased incentives should be offered to existing businesses needing to expand to keep them in town. Comm. Amundson suggested that staff come back with some different program options. Comm. Miller added that some scenarios showing what will happen under various programs and conditions would also be helpful. The EDA members concurred that staff is directed to come back with some program options addressing a range of economic development activities. 8. Informational Items a) The Revenue & Expenditure Report was provided for informational purposes. Comm. Morke noted that he would like to see improved usage of the EDA's funds for ongoing education and training. b) Mr. Stock provided a brief update of the Valley Green project, and noted that staff is waiting for a reply from Canterbury Park regarding the road dedication portion of this project. He stated that the fire station site proposed by the City Council is the site on Vierling Drive, and this site could be prepared for later development. c) The Blocks 3 & 4 Tentative Timetable was provided for informational purposes. d) This item was for informational purposes to announce the date of the downtown business association meeting. e) Pres. Zorn provided EDA members with a copy of the contract with McComb and Associates for the Blocks 3 & 4 Market Study. • Economic Development Authority April 17,1996 Meeting Minutes Page 4 9. Other Business a) Mr. Bilotta noted that the Planning Commission will be holding a special meeting on April 18th to discuss three MUSA Expansion options. He briefly discussed the threeoptions for MUSA expansion. b) Mr. Bilotta gave a brief update of a text amendment proposal to restrict liquor licenses to the downtown and major recreation areas of the City. He noted that provisions will be added to address existing businesses that fall outside of these areas. c) Mr. Bilotta stated that City staff has been working with other cities on an Ordinance to address Sexually-Oriented Businesses, and the report detailing the most recent court cases is complete. 10. Adjourn Miller/Amundson moved to adjourn at 8:10 p.m. Motion carried unanimously. The next regular meeting will be held on May 15, 1996, at 6:00 p.m. Nicole Bennett h:\eda\min4-17.doc Recording Secretary < MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorn� DATE : March 15, 1996 RE : Legal Staffing BACKGROUND: When Mark Erickson resigned early this year, the City Council was placed in a position of having to quickly decide how prosecutions should be handled. The City Council chose to contract with Scott Joint Prosecution to take over prosecutions . Scott Joint Prosecution is in the process of hiring an additional attorney at this time to take the work, and will be taking over the prosecutions in April . With prosecution being removed from the responsibilities of the Legal Department, the staff which handled prosecutions are no longer needed in that capacity. The Legal Secretary and Clerk- Typist together spend approximately 60 hours per week on prosecutions . Their work will be substantially reduced, and much of it eliminated, once the Legal Department ceases to prosecute. Both of these women are valued employees, and have done a very good job in their work for the City. The City Administrator, under direction from the City Council, worked very hard to secure a job for the Clerk-Typist with Scott Joint Prosecution. Scott Joint Prosecution will need additional clerical assistance, as well as an additional attorney, when they take on Shakopee' s prosecutions. Those negotiations have been successful, and the Clerk-Typist will be moving to Scott Joint Prosecution within a month. The Legal Secretary' s position has not been formally addressed. She will continue to be needed approximately 20 hours per week to handle legal secretarial duties, but will have additional time available. In speaking with other department heads, it has become apparent that her excellent skills are needed and could be utilized elsewhere in City Hall . These needs include the following: the City Clerk had budgeted for part-time help with her work; City Administration needs secretarial back-up; and the Community Development Department will need additional secretarial assistance once the new planners are hired. This work will easily fill the remaining 20 hours per week. Staff is recommending that the City Council formally approve this arrangement, in order to end the uncertainty surrounding the Legal Secretary' s position. RESOLUTION NO. 4420 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, RECOGNIZING THE CHANGES IN STAFFING WHICH WILL OCCUR DUE TO CONTRACTING OUTSIDE FOR PROSECUTION SERVICES, AND ADDRESSING THESE CHANGES. WHEREAS, the City Council has entered into an agreement with Scott Joint Prosecution to take over prosecution services for the City; and WHEREAS, when prosecution is eliminated from the Legal Department, the clerk-typist who has prepared many of the prosecution letters and papers, and managed the files, will no longer be needed; and WHEREAS, when prosecution is eliminated from the Legal Department, the legal secretary who prepared most of the formal complaints and other complex prosecution documents will no longer be spending the time she previously devoted to prosecution; and WHEREAS, the Legal Secretary has served the City since December of 1990, and has done an excellent job; and WHEREAS, the Clerk-Typist has served the City since May of 1993, and also has done an excellent job; and WHEREAS, the City Council is concerned about its employees and does not desire or intend to see its employees hurt either in terms of working conditions or pay through this change; and WHEREAS, the City Council and City Administration worked hard to secure a position for the clerk-typist with Scott Joint Prosecution, so that she would not become unemployed; and WHEREAS, several City departments need secretarial assistance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS : That the City Council recognizes the value of experienced employees, and wishes to retain them; and That the City Council recognizes the changes in staffing which will occur due to contracting outside for prosecution services, and is addressing those as follows : (1) the legal secretary shall be retained in her full-time position and provide secretarial assistance in the Legal Department and elsewhere as determined appropriate by the City Attorney and City Administrator; and, (2) although the clerk-typist' s position will, unfortunately, be eliminated, the City Council has secured her a new, comparable position. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1996 . Mayor of the City of Shakopee City y Clerk Approved as to form: AIaA — /�`e City Attorney der [15STAFF] -2- ALTERNATIVES: 1 . Adopt Resolution No. 4420, recognizing the changes in staffing which will occur, and addressing them. 2 . Do not approve Resolution No. 4420 . RECOMMENDATION: Move to adopt Resolution No. 4420, recognizing the changes in staffing which will occur due to contracting outside for prosecution services, and addressing these changes . [15STAFF] -2- fCG MEMO TO: Barry Stock,Acting City Administrator FROM: Michael A. Huber,Engineering Tech. II SUBJECT: 1994 Pavement Preservation,Project No. 1994-12 DATE: March 14, 1996 MEETING DATE: March 19, 1996 INTRODUCTION: Council action is required for a resolution accepting work and making final payment on the 1994 Pavement Preservation Program,Project No. 1994-12. BACKGROUND: All of the work for this project has been completed in accordance with the contract documents. ACTION REQUESTED: Offer Resolution No. 4419, A Resolution Accepting Work on the 1994 Pavement Preservation Program, Project No. 1994-12 and move its adoption. MAH/pmp MEM4419 CERTIFICATE OF COMPLETION CONTRACT NO. : 1994- 12 DATE: March 14 , 1996 PROJECT DESCRIPTION: 1994 Pavement Preservation Program CONTRACTOR: Northwest Asphalt , Inc . 1452 County Road 18 Shakopee , MN 55379 ORIGINAL CONTRACT AMOUNT $ 66 , 131 . 55 QUANTITY CHANGE AMOUNT $ ( 7 , 349 . 17 ) CHANGE ORDER NO. THRU NO, AMOUNT . . . $ -o- FINAL CONTRACT AMOUNT $ 58 , 782 . 38 LESS PREVIOUS PAYMENTS $ 55 .843 . 27 FINAL PAYMENT $ 2 , 939 . 11 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. r146/ 14r. ofessional Engi RESOLUTION NO. 4419 A Resolution Accepting Work On The 1994 Pavement Preservation Program Project No. 1994-12 WHEREAS, pursuant to a written contract signed with the City of Shakopee on July 28, 1994, Northwest Asphalt, Inc. has satisfactorily completed the 1994 Pavement Preservation Program,in accordance with such contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the work completed under said contract is hereby accepted and approved; and 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$2,939.11, taking the contractor's receipt in full. Adopted in session of the City Council of the City of Shakopee,Minnesota,held this day of , 1996. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney //A MEMO TO: Barry Stock,Acting City Administrator FROM: David M.Nummer, Staff Engineer e4,- SUBJECT: Parking Restrictions on 17th Avenue DATE: March 13, 1996 MEETING DATE: March 19, 1996 INTRODUCTION: Attached is Resolution No. 4418, a resolution restricting parking on 17th Avenue from County Road 17 to Sarazin Street. BACKGROUND: 17th Avenue is being designed as a 4-lane State Aid highway with no parking. In order to obtain approval of the construction plans from Mn/DOT, and qualify for State Aid funding, the City must adopt a resolution banning parking on this segment of 17th Avenue. ALTERNATIVES: 1. Adopt Resolution No. 4418. 2. Deny Resolution No. 4418. 3. Table for additional information. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 4418, A Resolution Restricting Parking on 17th Avenue from County Road 17 to Sarazin Street, and move its adoption. h:\council\mem4418.mo RESOLUTION NO. 4418 A Resolution Restricting Parking On 17th Avenue Between County State Aid Highway 17 and Sarazin Street WHEREAS,the City of Shakopee has planned the improvement of 17th Avenue, from County State Aid Highway(CSAH) 17 to Sarazin Street; and WHEREAS, the City of Shakopee will be expending Municipal State Aid Funds on the improvement of this highway; and WHEREAS, since this improvement lacks adequate width for parking on both sides of the road, approval of the proposed construction as a Municipal State Aid Project must therefore include certain parking restrictions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: That the City of Shakopee shall prohibit the parking of motor vehicles on both sides of 17th Avenue from CSAH 17 to Sarazin Street. Adopted in session of the City Council of the City of Shakopee, Minnesota,held this day of , 1996. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney i/c— TO: Barry Stock, Acting City Administrator FROM: Gregg Voxland, Finance Director SUBJ: Rural Taxing District DATE: March 15, 1996 Introduction Ordinance No. y,s0 is brought back for Council adoption pursuant to the March 12 Council action on the rural taxing district. Background Attached is the ordinance amending the rural taxing district as directed by Council at the March 12, 1996 meeting. Changes in the district are to further define eligibility criteria including land must be tilled, not platted, not adjacent to developed parcel or area and outside the MUSA area. Further, the district will phase out over five years. Alternatives 1. Adopt ordinance as drafted. 2. Amend proposed ordinance. 3 . Do not adopt ordinance. Action Offer Ordinance No. proAN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CITY CODE CHAPTER 13, URBAN AND RURAL SERVICE DISTRICTS, SEC. 13 .01, URBAN AND RURAL SERVICE DISTRICTS, BY REPEALING SUBD. 3, RURAL SERVICE DISTRICT, AND ADOPTING ONE NEW SUBDIVISION IN LIEU THEREOF, RELATING TO THE SAME SUBJECT, AND ALSO BY ADOPTING ONE NEW SUBDIVISION 6, TERMINATION OF THE DISTRICTS, and move its adoption. Section 3 - General Provisions. City Code Chapter 1, General Provisions and Definitions Applicable to the Entire City Code Including Penalty For Violation, is hereby adopted in its entirety by reference, as though repeated verbatim herein. Section 4 - Effective Date. This ordinance becomes effective from and after its passage and publication. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1996 . Mayor of the City of Shakopee Attest : City Clerk Approved as to form: City Attorney Published in the Shakopee Valley News on the day of , 1996 . [EDARES] -2- ORDINANCE NO. 450 , FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CITY CODE CHAPTER 13, URBAN AND RURAL SERVICE DISTRICTS, SEC. 13 . 01, URBAN AND RURAL SERVICE DISTRICTS, BY REPEALING SUBD. 3 , RURAL SERVICE DISTRICT, AND ADOPTING ONE NEW SUBDIVISION IN LIEU THEREOF, RELATING TO THE SAME SUBJECT, AND ALSO BY ADOPTING ONE NEW SUBDIVISION 6, TERMINATION OF THE DISTRICTS . THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS : Section 1 - That City Code Chapter 13 , Urban and Rural Service Districts, Sec. 13 . 01, Urban and Rural Service Districts, is hereby amended by repealing Subd. 3 , Rural Service District, and adopting one new Subdivision in lieu thereof, which shall read as follows : Subd. 3 . Rural Service District. A. The Rural Service District shall include only such land which is classified by the City Assessor as Agricultural Homestead or Agricultural Non-Homestead land. B. Land in a Rural Service District must be open, rural in nature, tilled and maintained in farm crops or seeded not platted for development, not adjacent to a developed parcel or area, and outside the Metropolitan Urban Service Area. C. Any and any fill hauled therein shall be graded off and seeded at least once a year. Section 2 - That City Code Chapter 13 , Urban and Rural Service Districts, Sec . 13 . 01, Urban and Rural Service Districts, is hereby amended adopting one new Subdivision relating to termination of the districts, which shall read as follows : Subd. 6 . Termination of the Districts. The Rural Service Districts established by this section of the City Code shall be phased out over the next five years . The tax benefit enjoyed by_ the Rural Service Districts shall be phased out in five equal chancres in the percentage of taxes. Note : The strickcn language is deleted; the underlined language is inserted. March 18, 1996 Mr. Barry Stock Acting City Administrator City of Shakopee 129 South Holmes Street Shakopee, MN 55379 Dear Mr. Stock: Please accept this letter as my formal resignation from the City of Shakopee. I have accepted a position with Scott Joint Prosecution Association. My final date of employment will be the day prior to when Scott Joint Prosecution Association will take over the prosecution cases for the City of Shakopee, which will be effective sometime after April 1, 1996. I would like to take this opportunity to express my gratitude and appreciation for having the opportunity to work for the City of Shakopee these past three years. Thank you. Sincerely, /61-e4LQGL "fi:4.aU Brenda Lind cc: Mayor and Councilmembers Karen Marty Memo To: Mayor and City Council From: Barry A. Stock,Acting City Administrator RE: Short Term Goals and Objectives Worksession Date: March 19, 1996 Introduction and Background A worksession has been scheduled for Tuesday,March 26th.At 5:00 p.m. in the Council Chambers to discuss short term goals and objectives. The purpose of the session is to provide clear direction to staff over the course of the next six months. The worksession is intended to allow Council to prioritize issues and concerns facing our community. In order to complete the process,staff is asking Council to identify those issues and concerns that you would like staff to focus our attention and efforts on over the next six months. I would request that you list all items below and return this form to staff by noon on Friday. At the worksession,staff will have all of the issues tabulated and Council as a whole can prioritize them. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15.