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HomeMy WebLinkAbout05/15/1990 MEMO TO: Honorable Mayor and City Council FROM: Dennis R. Kraft, City Administrator RE: Non-Agenda Informational Items DATE: May 10, 1990 1. Attached is a memorandum from Dennis Kraft regarding increase in the number of hours of an existing employee. 2 . The Shakopee Rotary Club has applied for the renewal of their gambling license. They meet the requirements of the Shakopee City Code. 3 . Attached is a memorandum from LeRoy Houser regarding department income/expense revision. 4 . The City has received a summons regarding a claim of negligence in the issuance of a septic tank certification by the Building Inspector on or about March 11, 1987 . It has been forwarded to our insurance company for follow up on our behalf. 5. The Police Department has approved a request for the partial closing of a street for a neighborhood block party on July 21st. Minnesota Street from 11th Avenue to Minnesota Court will be closed from 1: 00 P.M. until 8:00 P.M. to 9: 00 P.M. 6. The City Engineer has received a copy of the feasibility study for pumping of water from Shiely Quarry to Prior Lake or Spring Lake for purposes of lake quality improvements and augmentation. A copy of page 19 of the study, with the conclusions of the study, is attached for Council information. Anyone desiring to see the whole study may do so by stopping in at City Hall and looking at Dave's copy. 7. Attached is the Building Activity Report for April. 8. Attached are the April 23, 1990 minutes of the Community Development Commission. 9. Attached is the agenda for the May 16, 1990 meeting of the Community Development Commission. 10. The Revenue and Expenditure Report as of April 30, 1990 will be on the table. 11. Attached is the final budget summary for the 1990 Dump Day. Total project costs were $7, 520.18, which was approximately $2500. 00 under budget. 12 . Attached are the April 25, 1990 minutes of the Shakopee City Hall Siting Committee. 13 . Attached is the Police Newsletter for Council review. #7 MEMO TO: Honorable Mayor and City Council FROM: Dennis R. Kraft, City Administrator RE: Increase in the Number of Hours of an Existing Employee DATE: May 8 , 1990 The purpose of this memo is to inform the City Council that the Clerk-Typist II position in the Planning Department is being increased from 32 hours per week to 40 hours per week effective May 16, 1990 . This position is budgeted as a full-time job. During the later part of the summer of last year because of a reduced work load the position was filled at only 32 hours per week. At this time the workload in the Planning Department has increased appreciably. The Planning Clerk Typist is also performing some of the tasks previously carried out by the Planning Intern. Also there are additional tasks that the person in this position is doing for other departments as the need arises. With continued cross-training it is anticipated that the work load will even be greater. Consistent with earlier direction by the City Council the City Administrator is informing the Council of the action which has been taken. This is a full-time budgeted position and the action which is going to be taken is consistent with the adopted 1990 budget. No City Council action is needed unless the City Council wishes to rescind its earlier policy. DRK/jms Memo To: Council From: LeRoy Houser Subject: Department Income/Expense revision Date: 5/10/90 Introduction With the State aid cut back, I can fully understand Councils concerns about reduced revenue to operate the City. Listed below is a summary of reductions in expenses and increases revenue that will Apply to the building department for the remainder of this year. 1990 Budget approved: $182 , 760 . 00 1990 Budget Reduction: Professional Services: $5, 000 . 00 Housing Inspector: $18 , 000. 00 Library Parking Lot* $7, 000 . 00 Total Reduction: $30, 000 . 00 Revised 1990 Dept. Expense: $152 , 760 . 00 * The parking lot was budgeted for $15, 000. 00, it will cost $8 , 000 . 00 - $7 , 000. 00 saved. Original 1990 Estimated Income we retain: $108 , 300. 00 Revised Income Projection: Income to Date: $26, 000 Projected Building Permit Income: $67, 000 Projected Electrical Permit Income: $2 , 600 Projected Plumbing Permit Income: $21, 700 Projected C.O. Income: $6, 700 Projected State Surcharge refund $5, 000 Projected Residential Plan Check Fees: $19, 865 FMG & North Star Auto Permit Fees: $86, 250 TOTAL REVISED REVENUE PROJECTIONS: $235, 115 EXCESS INCOME OVER ORIGINAL PROJECTION: $126, 815 RECAP: ORIGINAL DEPT. BUDGET: $182 ,760. 00 REVISED DEPT. BUDGET: $152 ,760. 00 REDUCTION: $30, 000. 00 ORIGINAL ESTIMATED INCOME: $108 , 300 . 00 REVISED PROJECTED INCOME: $235, 115. 00 INCREASED PROJECTED REVENUE: $126, 815. 00 #(0 CONCLUSION Based on the information gathered and studied, it is concluded that the project is feasible. The route that we recommend is route 3 , the Kopp's Bay outlet option. This is the least cost option but provides only quality and augmentation improvements to Prior Lake. If the Mangers feel strongly regarding the importance of improving the quality of Spring Lake and Prior Lake, we would then recommend route 5 . This option is the highest cost option, but it does provide the ability to pump water out of Prior Lake in the event of high lake levels as well as pumping the quarry water directly into Spring Lake. 19 # 7 CITY OF SHAKOPEE BUILDING ACTIVITY REPORT PERMITS ISSUED April, 1990 Yr. to Date Previous Year Number Number Valuation Number Valuation No. YTD. Single Fam-Sewered 11 29 1,821, 600 12 24 1, 691, 550 Single Fam-Septic 2 6 733 , 100 2 3 332 , 000 Multiple Dwellings - - - - - - (# Units) (YTD Units) (-) (-) - (-) (-) - Dwelling Additions 2 4 24,220 12 21 125, 390 Other 1 1 15, 000 - 1 98, 000 New Comm. Bldgs - 1 80, 000 - - - Comm. Bldg. Addns. 1 3 1, 646, 000 - - - New Industrial-Sewered - - - - - - Ind. Sewered Addns. - - - - - - New Industrial-Septic - - - - - - Ind. Septic Addns. - 1 462 , 800 - - - Accessory/Garages 3 8 56, 686 5 7 42,225 Signs & Fences 8 21 23,440 5 16 18, 364 Fireplaces/Wood Stoves 1 1 6, 000 1 2 4, 400 Grading/Foundation - 1 28, 000 1 3 1, 349, 395 Remodeling (Res. ) 1 9 39,900 2 8 57, 990 Remodeling (Inst. ) - - - - - Remodeling (Comm/Ind. ) 3 15 424 , 850 8 15 1, 300, 400 TOTAL TAXABLE 33 100 5,361, 596 48 100 5, 019 , 714 TOTAL INSTITUTIONAL - - - - - GRAND TOTAL 33 100 5, 361, 596 48 100 5, 019, 714 No. YTD. No. YTD. Variances - 2 - 2 Conditional Use 1 1 2 7 Rezoning - - - - Moving - - - 1 Electric 18 88 17 70 Plumbing & Heating 35 109 40 91 Razing Permits - - Residential - - - - Commercial - - Total dwelling units in City after completion of all construction permitted to date 4,414 Jeanette Shaner Building Department Secretary CITY OF SHAKOPEE BUILDING PERMITS ISSUED IN APRIL, 1990 8559 Edward Gilles 126 South Atwood Garage $ 6, 048 8560 John Ostdiek One Checkered Flag Blvd. Bleachers 15, 000 8561 B & D Development 2560 Onyx Drive House 62 , 500 L 1 B 5 Hauer's 4th 8562 Logeais Homes 1803 Granite Drive House 61, 900 L 2 B 3 Heritage Place 2nd 8563 Void 8564 B & D Development 1263 Diamond Court House 71, 500 L 34 B 5 Hauer's 4th 8565 Weis Builders 1200 Shakopee Town Sq. Comm. 689 , 000 8566 Lawrence Vierling Prairie Estates Sign 45 8567 Michael Menke 1426 E. 4th Avenue House 85, 000 6 115 22 8568 Richard Coyer 632 Adams Street Fence 600 8569 Minn. Valley Fence 1008 S. Clay Fence 500 8570 Thomas Duede 807 Apgar Street Garage 8 , 190 8571 Gerold Brothers Const. 1272 Diamond Court House 108 , 400 L 26 B 5 Hauer' s 4th 8572 Novak Fleck 1212 Vierling Court House 46, 000 L 1 B 4 Meadows 3rd 8573 James Bauer 2015 Eaglewood Lane House 97 , 000 L 4 B 1 Eaglewood 8574 Vierling/Anderson 1115 Prairie Court House 85, 600 L 9 B 2 Prairie Estates 8575 Valleyfair One Valleyfair Drive Comm. 12 , 000 8576 Valleyfair One Valleyfair Drive Comm. 90, 000 8577 Valleyfair One Valleyfair Drive Comm. 40, 000 8578 Firstworld Travel 1221 E. 4th Avenue Signs 2 , 500 8579 Donelson Homes 1278 Diamond Court House 66, 900 L 27 B 5 Hauer' s 4th 1 8580 Randall Schubert 8358 Eagle Creek Blvd. Garage 6, 800 8581 Ed Wiggin 1939 Murphy Avenue House 60, 000 L 5 B 4 Heritage Place 8582 Tradition Homes 4095 C. R. 79 House 145, 000 L 2 B 1 Kubes 2nd 8583 Larry Pieper 1204 Limestone Deck 1, 000 8584 Novak Fleck 612 11th Avenue House 47, 100 L 17 B 3 Meadows 1st 8585 Susan Stolarcek 514 S. Holmes Fence 1, 180 8586 William Schultz 903 E. 3rd Avenue Fence 975 8587 Vincent Schultz 435 W. 7th Avenue Fence & Slab 1, 500 8588 Dale Hendrickson 1294 Emerald Lane House 66,900 L 7 B 3 Hauer's 4th 8589 Keven Voegele 1183 Sapphire Lane Alt. 3 , 600 8590 George Luskey 705 W. 5th Avenue Fence 200 8591 Richard Geffre 2040 Murphy Avenue Deck 720 8592 Leske Company, Inc. 1255 Jasper Road Chimney 6, 000 3 Minutes of the Shakopee Community Development Commission Monday, April 23, 1990 Chairperson Miller called the meeting to order at 5: 30 P.M. with the following Commissioners present: Bill Mars, Charles Brandmire, Jon Albinson, Jane DuBois, Mike Pennington and Mark Miller. The following members of the Shakopee Community Recreation Board were also present: Bob Tomczik, Steve Johnson, Laura Wermerskirchen, Pat Sheldon, Steve Clay and Paulette Rislund. Barry Stock, Assistant City Administrator, George Muenchow, Community Recreation Director, Mark McQuillan and Paul TenEyck were also present. Commissioner Miller stated that the purpose of the joint meeting was to hear a presentation from the Park Development Subcommittee on the proposed organizational structure for the City of Shakopee 's Park and Recreation System. Chairman Miller thanked the Community Recreation Board for their cooperation in working with the Subcommittee to develop the proposed organizational structure. Commissioner Miller noted that following the presentation, each of the two boards would adjourn to their regular meetings and independently act on the proposed resolution and organizational structure. Mr. Stock gave a brief presentation on the work done by the Park Development Subcommittee. He noted that the purpose of the Subcommittee was to develop and propose an organizational structure for the operation of a Park and Recreation Department within the City of Shakopee. This action is being taken as a result of the Shakopee Board of Education' s decision to discontinue the Joint Powers Agreement for recreation effective December 31, 1990 . Mr. Stock stated that prior to investigating alternative organizational structures, the Subcommittee felt it was important to review the existing organizational structure and responsibilities of the current Board and staff. Mr. Stock then reviewed the areas of responsibilities which the Subcommittee felt that the new Park and Recreation Advisory Board should be responsible for. Mr. Stock also noted that the new Park and Recreation Advisory Board would be advisory in nature. The following items were listed as functions of the new Park and Recreation Advisory Board: 1. Land Acquisition 2 . Park Dedication Fees 3 . Facility Development 4 . Capital Improvement Programming 5. Grants and Contributions 6 . Networking 7 . Policy Development Minutes of the Page -2 Community Development Commission April 23, 1990 8 . Facility and Activity Scheduling 9 . Recreation Programming 0. Program Fees and Operating Budget Mr. Stock then reviewed the items that the Subcommittee felt should be coordinated between the Public Works Director and Park Director: 1. Maintenance 2 . Landscape Design 3 . Forestry Mr. Stock noted that the next task of the Subcommittee was to review alternative organizational structures. Mr. Stock reviewed the six alternative organizational structures reviewed by the Subcommittee. He noted that the Subcommittee narrowed down the options to the following top three alternatives: 1. Add a Park and Recreation Department to the City' s current organizational structure with park maintenance to continue under Public Works. 2 . Park and Recreation administered under Public Works. 3 . Add a combined Park and Recreation Division to the City' s current organizational structure which would include park maintenance. Following a review of each of these three organizational structures, representatives from the Park Development Subcommittee met with both the Public Works Director and Park Maintenance Crew to gather input regarding their thoughts on the present organizational structure and any future structure. Both parties independently agreed that under the current circumstances they preferred to have the City of Shakopee create a separate Park and Recreation Dept. , with park maintenance continuing under the supervision of the Public Works Director. They did however see a need for the development of communication and methods between the Park Maintenance Crew and Park and Recreation Director. Upon further review of the three options, the Subcommittee selected the first alternative as their preferred organizational structure. The Subcommittee then reviewed enabling resolutions from other communities that have created Park Advisory Boards. The Subcommittee used this information to develop the proposed resolution. Mr. Stock noted that the • resolution specified the composition of the proposed Park and Recreation Advisory Board, as well as its areas of responsibility. Pat Sheldon questioned how often the new Advisory Board would meet. She noted that it was not specified in the resolution. Mr. Stock stated that generally City Committees and Boards meet once a month. However, it is up to the City Staff and the actual Committee members to determine how often they want to meet. Minutes of the Page -3 Community Development Commission April 23, 1990 Ms. Sheldon stated her concern regarding the existing policies and programs that were in place. She questioned whether or not all the existing policies and procedures would be adopted by the City Council prior to the creation of the new Advisory Board. Ms. Sheldon stated that there was nothing in the resolution which stated that the existing policies and procedures would be carried forward. Mr. Stock stated that he felt one of the first responsibilities of the new Park and Recreation Advisory Board would be to review the existing policies and procedures and determine if they should be adopted as formal policy for the City of Shakopee. Mr. Stock went on to state that he did not feel that it would be appropriate to tie the hands of the new Park and Recreation Advisory Board by mandating that they adopt all the existing policies and procedures in place. Mr. Miller stated that the intent of the Subcommittee was to have the new Park and Recreation Advisory Board in place by July 1 of this year. It was also the intent of the Subcommittee that the existing Community Recreation Board would continue to be responsible for supervising and monitoring the existing recreation programs scheduled and in place for 1990 . He stated that it was not the intent of the Subcommittee to have the new Park and Recreation Board come in at mid-year and take full control of the Community Recreation Board. He felt that this would provide the new Park and Recreation Advisory Board with time to review existing policies and procedures and make any necessary amendments prior to the actual time period when they would be fully responsible for making recommendations to the City Council as they relate to Park and Recreation. Mr. Johnson stated that he felt the spirit and intent of the resolution did send a message to the new Park and Recreation Advisory Board that the policies and procedures of the existing Community Recreation Board have been massaged over the past thirty years and are of a sound basis. Commissioner Mars questioned how much the School Board put into the Joint Recreation Board annually. Mr. Muenchow stated that it was approximately $56, 000 in 1990 . Mr. Muenchow went on to state that approximately 30% of the budget is contributed by the School Board, 30% by the City of Shakopee and the remainder through fees collected. Mr. Tomczik questioned whether or not what was being proposed was unique to Shakopee. Mr. Stock stated that the proposed organizational structure is quite common among communities in Minnesota. Generally most communities have a Park and Recreation Advisory Board, which makes recommendations to City Council regarding Park and Recreation Programs. Minutes of the Page -4 Community Development Commission April 23, 1990 Mr. Stock stated that one of the reasons the Subcommittee was proceeding at a relatively quick pace in recommending the creation of the Park and Recreation Advisory Board was due to the fact that the City of Shakopee will be beginning their 1991 budgeting process within the next two months. Commissioner DuBois questioned whether or not the new board would be responsible for making recommendations to City Council regarding Park Dedications Fees. Mr. Stock responded in the affirmative. Mr. Tomczik questioned whether or not the City of Chaska charged a participant fee similar to the Shakopee Community Rec. Board' s. Mr. McQuillan stated that Chaska does charge a nominal fee. Commissioner Tomczik questioned how Chaska could provide essentially the same level of programs at a lower fee. Mr. McQuillan stated that the City of Shakopee provides more administrative support to the coaches and participants in the Shakopee programs as compared to Chaska. Mr. McQuillan also stated that Shakopee' s participation fees are broken down into an administration fee and a association fee, which goes directly to the participating association, such as basketball , hockey, etc. Paulette Rislund stated while this was a valuable discussion, she noted that it was not the purpose of the Subcommittee and Community Development Commission to determine how the organizational structure would be funded. Ms. Rislund stated that the Subcommittee did not address the issue of funding but she stated that it was definitely a concern of everyone. Mr. Miller asked if there were any other questions regarding the organizational structure. Paulette Rislund thanked the Community Development Commission for allowing them to participate in the process. The Community Development Commission and Shakopee Community Recreation Board then adjourned to their regular meetings. Brandmire/Albinson moved to approve the minutes of the March 21, 1990 meeting as kept. Motion carried unanimously. Mr. Stock stated that the Shakopee City Council authorized the appropriate City officials to obtain an appraisal for the property adjacent to the 5th Ave. project. Mr. Stock stated that he has had a meeting with the appraiser and he believes that the cost for acquiring the property will be less than projected by staff. Commissioner Albinson stated that North American Casualty and Life will be buying out Scottland' s interest in the property in Shakopee. Minutes of the Page -5 Community Development Commission April 23, 1990 Discussion then ensued on the Park and Recreation organizational plan. Commissioner DuBois questioned whether or not in the past the Community Recreation Board had any say in where Park Dedication Fee funds were expended. Mr. Stock responded in the negative. He stated that in the past the Recreation Director simply developed and proposed a capital improvement program to City Council for approval . City Council ultimately made the decisions as to what programs were funded and when. Brandmire/Pennington moved to recommend to City Council approval of the resolution creating a Park and Recreation Advisory Board in accordance with the terms and conditions as set forth in the resolution. Motion carried unanimously. DuBois/Mars moved to recommend to City Council that a new Park and Recreation Department be created with the understanding that: A. The current responsibilities of recreation programming and management be continued and lead by a director having department head responsibilities on par with other department heads within the City' s organizational structure. B. The Park and Recreation functions be coordinated and administered by this department in concert with other appropriate planning boards, committees and personnel within the City structure. C. The Park Maintenance and Forestry shall remain the responsibility of Public Works and Park and Recreation Department input being readily accepted, resulting in a "fair shake" at all times for park and recreation functions. Motion carried unanimously. Mr. Stock stated that, assuming the Community Recreation Board takes similar action, this item will be presented to the Shakopee City Council on May 1, 1990. Mr. Stock stated that the Downtown Committee did not meet in the month of April . Mr. Albinson gave a brief update on the status of the Transportation Coalition. Minutes of the Page -6 Community Development Commission April 23, 1990 Mr. Albinson stated that due to work conflicts he will no longer be able to assist in setting up the Business Appreciation Meetings. He questioned whether or not any of the other committee members had the time to take over this function. Discussion ensued as to whether or not staff should be responsible for setting up the Business Appreciation Meetings. It was the consensus of the Committee that every effort should be made to have a Committee member responsible for this program. Mr. Miller suggested that perhaps the Downtown Committee could be responsible for setting up a breakfast meeting with downtown property owners in May to inform them of the Rehab Grant Program. Mr. Stock stated that this was an excellent idea and that he would bring it to the attention of the Downtown Committee chairperson. Albinson/DuBois moved to table action on the status of the Business Appreciation Subcommittee until such time that a new member is appointed to the Committee filling the vacant position. Mr. Stock stated that on April 17 , 1990, the Shakopee City Council selected to inform the Stans Foundation that the City of Shakopee was not interested in pursuing a museum proposal in Shakopee at this time. Mr. Miller questioned the basis for Council ' s action. Mr. Stock stated that the City Council was concerned about the long term cost implications of operating the Stans Museum and property. He also noted that the City Council is not convinced that the City should be in the business of operating a museum. Commissioner Mars questioned the content of the proposal drafted by staff that was denied by City Council . Mr. Stock stated that the proposal drafted by staff was relatively vague in nature. Primary components included the development of a 3 , 000 sq. ft. museum. The proposal also stated that the City of Shakopee would take over the operation of the Stan' s house and garden park. In consideration for these things, the Stans Foundation would agree to contribute $500, 000 to the City of Shakopee to offset museum development costs. Additionally, the Stans Foundations would agree to place $400, 000 in a reserve fund. The purpose of which would be to allocate interest earnings from said fund to offset operating costs associated with the project. Discussion ensued. DuBois/Albinson moved to recommend that the City Council liaison to the Community Development Commission request City Council to reconsider and reopen discussions between Mr. Stans regarding a museum proposal in Shakopee. Motion carried unanimously. Mr. Stock stated that he has obtained some information regarding a first time home buyers program. He stated the he has not had adequate time to fully review the information. He did note, however, that one of the residential developers in Shakopee was interested in participating in the program. He hoped to have information for the committee ' s review at their next meeting. g Minutes of the Page -7 Community Development Commission April 23, 1990 Commissioner DuBois questioned whether or not a second Comprehensive Plan public hearing would be conducted. Mr. Stock stated that the turnout at the last meeting was less than expected. He did note that the comments received from the audience were supportive and constructive. Ms. DuBois stated that she was upset by the fact that not all of the members of the Advisory Task Force were not notified of the public hearing. She hoped that a second public hearing would be held on the subject. Mr. Stock stated that he would forward Ms. DuBois' concerns to the appropriate staff. Mr. Stock stated that he is meeting with representatives from other communities in Scott County, discussing the possibility of creating a Scott County Development Corporation. The purpose of the corporation would be to assist existing communities in packaging small business loans. There has also been some interest expressed among communities in Scott County to pursue joint marketing efforts for our area, rather than independently promoting our own communities. Mr. Stock stated that he would report back to the Committee on the status of this issue. Albinson/Brandmire moved to adjourn the meeting at 8 : 00 P.M. Motion carried unanimously. Barry Stock, Recording Secretary v Note Meeting Time: 5: 30 P.M. TENTATIVE AGENDA Community Development Commission City Hall Council Chambers Wednesday, May 16, 1990 1. Call to order at 5: 30 P.M. 2 . City Hall Siting Subcommittee Presentation 3 . Approval of the minutes - April 23 , 1990 4 . Economic Development Update (Verbal) a. Stans Proposal b. Auto Auction 5. Subcommittee Reports (Verbal) a. Downtown Committee b. Transportation Coalition c. Business Appreciation d. City Hall Siting - (Minutes Attached) 6 . Discussion Items (Verbal) a. Scott County Development Coalition b. 7 . Informational Items a. Business update from City Hall b. Federal and State Housing Assistance Programs (Verbal) c. 8 . Other Business a. Next Meeting - Wed. , June 20, 1990 - 5: 30 PM City Council Chambers b. 9 . 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Z ti W U) O OW 0 } I- -•II- M O Z U 0 O 0 0 C) ZU C) �Q # l1 City of Shakopee Clean-up Day Budget 1990 1990 Expenditures 1989 Actual Projected Actual Maust Fiber Fuels (Tires) $1000 . 00 $1000 . 00 500 . 00 Zein Appliance 708.75 1000. 00 903 . 00 Waste Management Inc. 4349 . 12 5500.00 6136. 50 Refuse Disposal Fees 3558.00 4500 . 00 2775.00 Shakopee Area Catholic School 300.00 400 .00 400 .00 Public Works Staff Time 407 .29 500 .00 - Misc./Contingency 0 . 00 900 . 00 597 . 18 Total Expenditures $10,323. 16 $13,800 .00 $11,311. 68 Revenues Gate Fees $ 600 . 00 $2000 . 00 1773 . 00 Appliances 405.00 500 . 00 817 .00 Furniture 326. 00 300 . 00 301. 50 Brush (leaves) 300 . 00 500 . 00 600 .00 Tires 501. 00 500 .00 300.00 Total Revenues 2132 . 00 $3800 . 00 $3791.50 Net Program Costs $8191. 16 $10,000 . 00 $7520. 18 Notes: Tipping Fees 1986 1987 1988 1989 1990 Gate Fee - NC NC NC $1. 00 $3.00 Appliances - NC NC NC $3 . 00 NC Furniture - NC NC NC $3 . 00 $3.00 Bush - NC NC NC $3 . 00 $3. 00 Tires - NC NC NC $1. 00 $1.00 NET PROGRAM COSTS $5000* $9000* $12,988 $8191 $7520 *ESTIMATES Minutes of the City Hall Siting Subcommittee Shakopee City Hall Council Chambers Wednesday, April 25, 1990 Chairperson DuBois called the meeting to order with the following members present: Jon Albinson, Bill Mars, Jane DuBois, Mary Schmitt, Joe Perusich, John Schmitt, Bud Berens and Judy Case. Barry Stock, Assistant City Administrator was also present. Albinson/Mars moved to approve the minutes of the april 11, 1990 meeting as kept. Motion carried unanimously. Information was then presented from other communities who have recently constructed City Halls. Barry Stock stated that the City of Savage recently constructed a 16,000 sq. ft. facility on 5. 67 acres. He noted that the City also has an additional one acre option. The City passed a one millon referendum to finance the project. The total project cost however was 1.3 million. The funding for the $300, 000.00 overrun was from the sewer and water fund. Total construction cost was approximately $927 , 000. There are currently 16 administrative employees and 11 police officers located in the facility. Bill Mars stated that the information presented at the last meeting on the City of Lakeville as it appears in the April 11, 1990 minutes is accurate. John Schmitt stated that he contacted the City of Eagan. He noted that they have hired BRW to design their new City Hall facility. He stated that the information has yet to be presented to their City Council and that staff is hesitant to discuss details of the proposal until such time that it can be presented to City Council. Jane DuBois stated that Chaska has a 32, 000 sq. ft. facility. Total cost of the facility was approximately 3 .2 million dollars. Their major objective in constructing the facility was to preserve the downtown area. She noted that she thought the financing source for the project were defeased capital improvement bonds. There are presently 19 administrative and 15 police officers located in the facility. She also noted that the library is leased to the County for $1 per year. Jon Albinson stated that the City of Champlin has yet to send him the information on their facility. He did however believe that the site was approximately 12 acres. Discussion then ensued on the land acquisition cost estimates for the property located on County Rd. 16 and the property described as Block 50. Mr. Albinson stated that he has obtained further information on the cost of the property located east of County Rd. 17 between 4th Ave. and County Rd. 16. He noted that there is a 60 Minutes of the Page -2 City Hall Siting Subcommittee April 25, 1990 acre parcel just south of 4th Ave. adjacent to the Lenzmeier Farm that is listed for $30, 000. 00 per acre. He also noted that the Lenzmeier' s have a 21 acre parcel listed for $26, 000 . 00 per acre. Further to the south, adjacent to County Rd. 16, the Lindstrom 23 acre parcel is for sale at a listed price of $35, 000 . 00 per acre. Finally, Mr. Albinson stated that there is a 39 acre parcel just west of the Canterbury Downs parking lot, adjacent to Shenandoah Dr. that is listed for $26, 000. 00 per acre. Commissioner Mars questioned why the 23 acre parcel along County Rd. 16 was listed for $35, 000 . 00 per acre. Mr. Albinson stated that he believed the property owner was paid $35, 000 . 00 per acre for the land that was acquired in conjunction with the Upper Valley Drainageway. Mr. Schmitt stated that the property also has access to water and sewer. Mr. Stock stated that he does not have an exact cost estimate for the acquisition of Block 50. He did however feel that the property could be secured for less than one millon dollars. Mr. Stock stated that the gross taxes paid on Block 50 in its entirety are $15, 257 . 00. Net taxes paid equates to $12 , 565 . 00. Mr. Albinson questioned whether or not the cost estimate to acquire Block 50 took into consideration demolition and relocation. Mr. Stock responded in the affirmative. Mr. Schmitt questioned whether or not there was the potential for ground contamination on the Vierling property associated with the former location of a gas station on the site. Mr. Schmitt stated that he thought the gas tanks were still located on the site. Mr. Stock stated that there is ongoing debate as to whether or not the gas tanks have been removed. Mr. Albinson stated that if the tanks are still present and there is a contamination problem that the State of Minnesota does have a fund to clean up and remove the tanks and contaminated soil . The state program covers 90% of the cost. Ms. DuBois questioned whether or not the potential ground contamination would delay the acquisition process. Mr. Albinson stated that there would have to be testing done on the site and it could delay the process. Ms. DuBois questioned what size of parcel the Committee should be considering for the property east of County Rd. 17 . Mr. Albinson stated that at a price of $26, 000 per acre, the City could acquire 38 acres for a million dollars. If the price is $35, 000 per acre, the City could acquire 28 acres for a million dollars. Commissioner Case stated that at the recent Comprehensive Plan Public Hearing, the Fire Chief stated that he wanted the new Fire Station located near Vierling Dr. Mr. Albinson stated that Ms. Case was correct and that the City has been considering acquiring property adjacent to Vierling Dr. near County Rd. 17 . Mr. Mars stated that based on this information, the Committee could essentially eliminate a Fire Station from the complex plan as iv Minutes of the Page -3 City Hall Siting Subcommittee April 25, 1990 earlier discussed for the 30 acre site. Mr. Schmitt suggested that the Committee review the pros and cons of each site in an attempt to determine if the sites adequately address the community' s needs. Mr. Stock then reviewed the pros for Block 50. It was the consensus of the Committee to add a 12th pro to the list. The Committee concurred that the site would lend credibility to the Transitional Zoning adjacent to the B-3 Zoning District. The Committee also concurred that a third con should be added as follows: The site was not located within the B-3 Zoning District. Commissioner Case stated that the proposed Comprehensive Plan highlights the downtown area as a focal point for the City to direct attention in the next ten years. Ms. Case stated that the Comprehensive Plan consultant' s opinion was very valid and that if the City Hall is relocated outside of the downtown area the pros to relocating should heavily outweigh the cons associated with it remaining in the B-3 Zoning District. Mr. Stock noted that since the Committee is discussing the downtown area, he had a new idea which has not been presented or considered by the Committee. He noted that a representative from Marquette Bank contacted him with the idea of utilizing Marquette Bank as the site for the new City Hall. This, of course, would involve the acquisition of the Marquette Bank Building. The representative from the bank stated that Marquette Bank is committed to downtown Shakopee and that if the City were interested in this concept, they would expand the existing drive-thru facility and construct a new building somewhere along Marschall Rd. or the new southerly by- pass. Mr. Stock stated that the Marquette Bank is in excess of 20, 000 sq. ft. He felt that the building could be acquired between one and a quarter and one and three quarter million dollars. Mr. Stock stated that the building is in excellent condition and very little remodeling would have to be pursued. Mr. Stock did state, however, that an elevator would have to be installed. He estimated that the cost for an elevator would be approximately $50, 000 . 00 . Mr. Stock questioned whether or not the Committee was interested in pursuing this building as an existing building for relocating the City Hall . Mr. Stock noted that Marquette Bank also owns the parking lot between Bill ' s Toggery and the existing facility. Mr. Berens stated that if the Committee wishes to consider this concept that he wanted to point out that he has heard that they have had long standing problems with the heating and cooling system in the facility. Ms. DuBois stated that she thought the Marquette building could be utilized as an interim solution, say ten years, and that if the City needed additional space they could select to either expand at the Marquette Bank site or on the parcel located east of County Rd. 17 . She suggested that perhaps the Marquette Bank building, in conjunction with 30 acres be presented to City Council as an Minutes of the Page -4 City Hall Siting Subcommittee April 25, 1990 alternative. Discussion ensued on the space utilization of the Marquette building if City Hall were relocated to that site. It was the consensus of the Committee that the Marquette Bank Building would make an ideal interim site for a City Hall. The Committee also felt it would be in the best interest of the community to acquire property at this time for the future land use needs of the City (City Hall , Public Safety Building, Community Center, Hockey Arena, etc. ) . Commissioner DuBois questioned whether or not the Committee should establish pros and cons for the Marquette Bank Building. Mr. Stock stated that all the pros utilized in Block 50 could essentially be used for the Marquette Bank Building. Mr. Mars stated that the major advantage of the Marquette Bank Building is that it was more centrally located within the B-3 Zoning District. In terms of the cons for the Marquette Bank Building, Mr. Schmitt stated that you would be taking commercial property off the tax rolls. He stated that if the bank proceeds in relocating their facility outside of the B-3 Zoning District, what other viable alternative uses could be placed in that facility and generate an approximate equivalent level of tax base. Mr. Berens stated that the only type of use which would generate an approximate equivalent level of tax base would be office space. He stated that retail could never support the tax load presently applied to that property. Mr. Albinson stated that he was curious what the market value of the Marquette Bank Building was. Mr. Stock stated that the 1989 market value was approximately one million dollars. He also noted that they were paying in 1989 gross taxes in the amount of $62 , 241. 00. Mr. Perusich pointed out that if the Marquette Bank Building could be purchased for approximately one and a half million dollars and 30 acres east of County Rd. 17 could be purchased a million dollars, the City would solve both it ' s short term and long term location plans for two and a half million dollars. Mr. Perusich stated that he felt that Chaska 's building and cost of 3 . 2 million is comparable to what the City of Shakopee is going to have to construct and pay. Therefore, assuming a 3 . 5 million construction figure, the City would save one million dollars at this time by acquiring the Marquette Bank Building and 30 acres. The Committee then discussed other potential cons for the Marquette Bank Building. The fact that it has limited expansion capabilities was listed as a con. The fact the it may not have enough space for the next ten years was also listed as a con. Mr. Perusich stated that a pro to the Marquette Bank alternative was the fact that the City could acquire a building now and enough land for future needs for approximately one million dollars less than what it would take to construct a new facility on either 30 acres or one block in the ly Minutes of the Page -5 City Hall Siting Subcommittee April 25, 1990 downtown area. Ms. DuBois questioned whether or not the Committee should consider the Marquette Bank and 30 acres as a third alternative. Mr. Albinson stated that he is having a hard time with the concept of making one site recommendation to City Council . He suggested that the Committee recommend three alternatives to City Council and let City Council make the final decision in terms of a site. Mr. Albinson suggested that the Committee propose three sites to City Council and that each one be sold on it's own merits, listing the pros and cons of each site with Council having the final decision. Mr. Schmitt stated that if the bank building is considered as an alternative, it should be noted that it is not a long term site. He stated that if the City does not pursue land acquisition in conjunction with the acquisition of the bank building that in ten to twenty years, they will be in the same exact position that they are in today. Ms. DuBois concurred and suggested that the bank building, in conjunction with land acquisition be the recommendation made to the City Council . Ms. DuBois stated that the property acquired could be used for ball fields until such time that it is needed for a City Hall. Mr. Schmitt stated that he could not see the bank as an alternative unless additional property were acquired for future needs. Mr. Perusich stated that all the Committee could do is simply recommend the Marquette Bank Building as an alternative with the additional land acquisition. He felt this was an excellent alternative and that it did, in fact, make a ten year commitment to the downtown area. If after ten years, the downtown has not developed or redeveloped, and additional space were needed for a City Hall, it would be the ideal time to relocate to the additional property acquired. Commissioner Albinson questioned why the Marquette Bank Building was being considered as a ten year solution and Block 50 was being considered as a long term solution. Mr. Schmitt stated that with Block 50, you can expand by building up. With the Marquette Bank Building, expansion would be somewhat limited. Mr. Perusich stated that you could build an elevated addition above the parking space between Bill ' s Toggery and the Marquette Bank Building. Mr. Schmitt stated that Block 50 may also have some parking advantages as opposed to the Marquette Bank Building. Mr. Schmitt stated that, in his opinion, when a City looks at building, they should be looking in terms of a 40 year commitment. He felt that the Marquette Bank alternative was not a suitable alternative, unless additional property were acquired in conjunction with the building. Mr. Stock stated that if, in ten years, additional space were needed and it was in the best interest of the City to relocate to the proposed additional property east of County Rd. 17 , that the Marquette Bank Building could be sold at a price comparable to what the City would be paying for it. One would assume that the Minutes of the Page -6 City Hall Siting Subcommittee April 25, 1990 building would see some appreciation in value over the time period. The proceeds from the sale of the building could then be used to offset construction costs of any new facility. Commission Case questioned whether or not the City Hall would stay in the downtown area after the ten year period. Commissioner Perusich stated that if the downtown has not redeveloped after the completion of the mini by-pass within the next ten years, he doubted that it would ever be redeveloped. On the other hand, if development does occur, it may be in the best interest to relocate the City Hall outside of the downtown area after said development occurs. This would then place the Marquette Bank building back on the tax rolls. Mr. Perusich moved to recommend to the Community Development Commission that the following three sites be considered as alternatives for presenting to City Council as a site for City Hall : 1. Block 50 in it' s entirety. 2 . A 30 acre parcel east of County Rd. 17 , north of County Rd. 16 and south of 4th Ave. 3 . The Marquette Bank Building plus a 30 acre parcel as outlined in #2 . Motion carried unanimously. Discussion then ensued on whether or not another meeting was needed. It was the consensus of the Committee that the three alternatives should be presented to the Community Development Commission at 5: 00 P.M. on May 16th. Discussion then ensued on the presentation strategy. Judy Case volunteered to make the presentation to the Community Development Commission on the Marquette Bank Building plus 30 acres. Ms. DuBois volunteered to give the presentation on the 30 acre parcel and Commissioner Mars stated that he would give the presentation on Block 50. Mr. Stock stated that he would provide assistance to each of the Committee members in preparing their presentations. He stated that he would meet with them prior to the presentation to the Community Development Commission. Mars/Albinson moved to adjourn the meeting at 9 : 00 P.M. Motion carried unanimously. Barry A. Stock, Recording Secretary 0:711r,, �� �li City of Shakopee 40-411117--- • 1(0,0 tab POLICE DEPARTMENT Gjrtt/oIc("_ivi 476 South Gorman Street 4: �• ��• �N SHAKOPEE, MINNESOTA 55379 4°Lief Tel. 612/445-6666 ' 0' NNESO� # NEWS LETTER TO COUNCIL MAY 10. 1990 ***** TRAINING AND ORGANIZATIONS ***** ENTRY TEAM TRAINING APRIL 30 SHAKOPEE OFFICERS PARTICIPATED IN A ONE DAY TRAINING SESSION WHICH FOCUSSED ON CRITICAL ENTRY TEAMS. THIS TRAINING HELPS PREPARE OFFICERS TO MAKE SAFE ENTRIES INTO BUILDINGS WHERE A DANGEROUS AND CRITICAL SITUATION IS TAKING PLACE. OTHER AGENCIES PARTICIPATED INCLUDING: MAPLE GROVE. HASTINGS. INVER GROVE HEIGHTS. ROSEMOUNT, FARMINGTON, DAKOTA COUNTY SHERIFF ' S OFFICE. LAKEVILLE . AND GOLDEN VALLEY . CRIME PREVENTION MAY 2 OFFICER BRYAN KOCH AND CHIEF TOM STEININGER MET WITH MINNESOTA CRIME PREVENTION DIRECTOR CHARLES RIX , IN AN EFFORT TO ORGANIZE AND UPDATE THE AREA OF CRIME PREVENTION AND THE NEIGHBORHOOD WATCH PROGRAM. LOSS CONTROL — MAY 5 CHIEF TOM STEININGER PARTICIPATED IN A SEMINAR HELD AT THE SHAKOPEE AMERICAN LEGION. THE SEMINAR ADDRESSED ON SALE LIQUOR VIOLATIONS AND HOW TO DEAL WITH DISTURBANCES EFFECTIVELY. *****OTHER INTERESTS IN DEPARTMENT***** NEIGHBORHOOD WATCH — ON 05-09-90 A PRESENTATION WAS GIVEN BY OFFICER KOCH ON THE NEIGHBORHOOD WATCH PROGRAM AND CRIME PREVENTION. THE GROUP OF FIFTEEN ARE MEMBERS OF A NEIGHBORHOOD IN THE HAUER ADDITION WHO ARE PARTICIPATING IN THE PROGRAM. CRIME SOLVED: ON 03-28-90 OFFICER RON SCHERER RECEIVED A REPORT OF A THEFT OF HANDBAG FROM ST . FRANCIS HOSPITAL. ON 04-23-90 INVESTIGATOR RUSS LAWRENCE ARRESTED 2 JUVENILE FEMALES AND 1 JUVENILE MALE FOR THE THEFT OF HANDBAG AND NUMEROUS FORGERIES FROM THE CHECKBOOK OF VICTIM. CRIME SOLVED: ON 05-10-90 CHIEF STEININGER RECEIVED A THEFT REPORT OF AUTO PARTS FROM HWY 101 AUTO SALVAGE. THE YOUNG MEN WERE CONTACTED, RETURNED THE PARTS AND APOLOGIZED. THANK YOU — THANK YOU TO THE LIONESS CLUB FOR THE GENEROUS DONATION TO THE DARE PROGRAM. WE SINCERELY APPRECIATE IT . go eSe¢ve ¢otect 13 CRIMES REPORTED AND ARRESTS APRIL 1990 TOTAL # ADULT JUVENILE TYPE OF CRIME REPORTED ARREST ARREST ASSAULT 10 2 0 BURGLARY 4 0 0 FORGERY/COUNTERFEITING 1 0 3 DRUGS 0 0 0 ESCAPE/FLEE 0 0 0 ARSON/NEGLIGENT FIRES 0 0 0 GAMBLING 0 0 0 HOMICIDE/SUICIDE 0 0 0 CRIMES AGAINST FAMILY 5 0 0 (NEGLECT/ABUSE) TRAFFIC/ACCIDENTS 13 13 0 (DWI/HIT AND RUN) KIDNAPPING/FALSE IMPRISON 0 0 0 CRIMINAL SEXUAL CONDUCT 0 0 0 MISC/FEDERAL/CONSERVATION 13 0 0 JUVENILE STATUS/LIQUOR 4 4 DISTURBING PEACE/PRIVACY/ 10 7 0 OBSCENITY 0 0 0 PROPERTY DAMAGE/TRESSPASS 10 0 0 STOLEN PROPERTY 0 0 0 RECEIVE/CONCEAL ROBBERY 0 0 0 CRIM SEX CONDUCT 0 0 0 THEFT 21 1 0 THEFT RELATED/FRAUD/ 16 0 0 SHOPLIFTING 0 2 [ 3 CRIMES REPORTED AND ARREST APRIL 1990 TOTAL # ADULT JUVENILE TYPE OF CRIME REPORTED ARREST ARREST VEHICLE THEFT/RELATED 4 0 0 WEAPONS 0 0 0 OBSTRUCT LEGAL PROCESS 1 0 0 CONTEMPT OF COURT 1 1 5TH DEGREE ASSAULT L 2 0 PROPERTY DAMAGE/ 11 VANDALISM TOTAL 122 30 9 OTHER ACTIVITY OF INTEREST APRIL 1990 TRAFFIC ACCIDENTS PROPERTY DAMAGE ACCIDENTS 25 PERSONAL INJURY ACCIDENTS 5 HIT AND RUN ACCIDENTS 10 OTHER TRAFFIC ACCIDENTS 1 OTHER MEDICALS 18 FIRE CALLS 15 DETOX 5 ALARMS 28 TOTAL CALLS FOR SERVICE, APRIL 1990 548 NEWS LETTER TO COUNCIL 13 *****INCIDENT HIGHLIGHTS***** 04-25-90 DETOX ONE ADULT FEMALE TO DAKOTA COUNTY DETOX . 04-25-90 THEFT OF BIKE WHEEL. JUNIOR HIGH SCHOOL. 04-25-90 THEFT OF BICYCLE . DAKOTA STREET. 04-25-90 SIMPLE ASSAULT, REFER TO CITY ATTORNEY. E 1ST AVE. 04-26-90 DOG BITE TO SMALL CHILD. W 4TH AVE. CHILD TO HOSPITAL , REQUEST FORMAL COMPLAINT FROM CITY ATTORNEY. 04-26-90 NUMEROUS VANDALISMS TO VEHICLE IN SR HIGH PARKING LOT . 04-26-90 JUVENILE SHOPLIFTERS AT TOWN SQUARE. ARREST 2 MALES. 04-26-90 HIT AND RUN TRAFFIC ACCIDENT. CR 18. 04-26-90 VANDALISM TO VEHICLE WINDOW. GORMAN STREET. 04-26-90 CURFEW. 3 JUVENILES ON BIKES AT SUPERAMERICA. 04-27-90 MAN DOWN AT 1ST AND DAKOTA. DETOX SAME. 04-27-90 DISORDERLY MALE. SUPERAMERICA. ARREST SAME. 04-27-90 FIGHT OUTSIDE PERKINS, ARREST 1 MALE ADULT. 04-27-90 DOMESTIC ASSAULT, MARSCHALL RD, ARREST 1 ADULT MALE 04-27-90 JUVENILE SHOPLIFTER. TOM THUMB. 2 10 YEAR OLDS HOME TO PARENT. 04-27-90 APARTMENT TENANT KEEPING DOG IN VEHICLE. GORMAN STREET . 04-27-90 NOISE COMPLAINT. CHEERS. ADVISED TO TURN DOWN. 04-27-90 INTOXICATED FEMALE, CANTERBURY DOWNS, ARREST AND JAIL FOR 5TH DEGREE ASSAULT. 04-28-90 DRUNK DRIVER AT BURGER KING, ARREST MINOR FOR DWI . 04-28-90 JUVENILE RUNAWAY. PRESIDENTIAL LANE. RETURNED . 04-28-90 ILLEGAL DUMPING UNDER HOLMES BRIDGE. NEWS LETTER TO COUNCIL /3 04-28-90 THEFT OF MAIL FROM MAILBOX , GORMAN STREET. 04-28-90 ARREST 1 JUV MALE FOR MINOR CONSUMPTION, ARREST 1 MINOR FOR DWI , CR 16 & CR 17. 04-28-90 CHILDREN LEFT IN VEHICLE UNATTENDED, AMERICAN LEGION, FATHER ADVISED. 04-28-90 UNRULY PATIENT, ST. FRANCIS, ASSISTED. 04-28-90 DWI , MARIJUANA IN MOTOR VEHICLE . ARREST 1 ADULT FEMALE , E 1ST AVE. 04-29-90 DOMESTIC ASSAULT , ARREST 1 ADULT MALE. E SHAK AVE. 04-30-90 ALARM, 4TH AVENUE, FALSE. 04-30-90 DOG BITE, MINNESOTA STREET. 04-30-90 BICYCLE THEFT, W 5TH AVENUE . 04-30-90 VEHICLE THEFT, W 3RD , A STOLEN VEHICLE FROM SAVAGE WAS LEFT AT SCENE. 04-30-90 JUVENILE RUNAWAY, PRESIDENTIAL LANE, RETURNED. 04-30-90 CHILD CHOKING ON CANDY. SOMMERVILLE ST. 05-01-90 FIRE CALL , E 1ST AVENUE, ASSIST FIRE DEPT. 05-01-90 THEFT OF FUZZBUSTER FROM VEHICLE, SHAWNEE TR. 05-01-90 THEFT OF STEREO FROM VEHICLE, E SHAKOPEE AVE. 05-01-90 THEFT FROM RIVA RIDGE, UNDER INVESTIGATION. 05-01-90 THEFT OF CB RADIO FROM VEHICLE, SIBLEY ST . 05-01-90 ASSAULT, JR. HIGH SCHOOL. ONE TO HOSPITAL, ARREST 1 JUVENILE MALE. 05-01-90 THEFT , RIVA RIDGE STORAGE LOCKER. 05-01-90 THEFT , RIVA RIDGE STORAGE LOCKER. 05-01-90 THEFT, RIVA RIDGE STORAGE LOCKER. 05-01-90 ASSAULT, MARSCHALL RD, JUVENILE MALE SUSPECT. 05-02-90 CRIMINAL DAMAGE - PLASTIC CUP FILLED WITH SAND THROWN THROUGH WINDOW, E 4TH AVE. 05-02-90 CAR FIRE, HWY 101 . NEWS LETTER TO COUNCIL 13 05-03-90 MALE PASSED OUT, VFW. TO DETOX . 05-03-90 FRAUD - MAN ORDERS FOOD, RETURNS MUCH LATER AT CLOSE OF BUSINESS WITH COMPLAINT OF FOOD, REPEAT COMPLAINER. 05-03-90 BURGLARY OF GARAGE, LOSS OF FLASHLIGHT, E SHAK AVE. 05-04-90 INTOXICATED ADULT MALE. E 4TH AVE. TO DETOX . 05-04-90 SUSPICIOUS VEHICLES AND PEOPLE. NO PROBLEM. FULLER. 05-04-90 HORSE ON ROADWAY. PLACED IN BARN. CR 83 & CR 16. 05-5-90 LOUD PARTY, MINOR CONSUMPTION, DETOX 1 MALE ADULT . DAKOTA STREET. 05-05-90 TRAFFIC ACCIDENT - ROLLOVER - CR 18 RR TRACKS. 05-05-90 CIVIL DISPUTE OVER PARKING LOT RIGHTS, E 1ST AVE. 05-05-90 THEFT FROM TRUNK OF VEHICLE, CANTERBURY DOWNS, LOSS OF PERSONAL ITEMS FROM HANDBAG. 05-06-90 MOTORIST RECEIVED GUNSHOT WOUND, SUSPECT PASSING VEHICLE, HWY 101 , UNDER INVESTIGATION. 05-06-90 PROWLER, PARK RIDGE DRIVE , GOA. 05-06-90 PERSON INJURY ACCIDENT. MARSCHALL RD. 05-06-90 VANDALISM TO ELECTION SIGNS, 6TH & APGAR. 05-06-90 INTOXICATED PATRON, HAPPY CHEF , DETOX SAME. 05-07-90 BURGLARY-BUSINESS. HOLMES ST . LOSS 2 PR BOOTS. 05-07-90 GAS SPILL, HOLIDAY STATION, ASSIST FIRE DEPT. 05-07-90 BURGLARY OF RESIDENCE, PRESIDENTIAL LANE, NO LOSS. 05-08-90 SEXUAL ABUSE OF VULNERABLE ADULT FEMALE, ARREST ONE ADULT MALE. 05-08-90 COUNTERFEIT $20 BILL, MARQUETTE BANK. 05-08-90 KIDS TRYING TO JUMP TRAIN, MINNESOTA ST, TRANSPORT KIDS HOME. 05-08-90 THEFT OF SNOWMOBILE. HARRISON ST. 05-08-90 THEFT OF BOAT TRAILER, BOAT LAUNCH HUBER PARK . 05-10-90 COUNTERFEIT $20 AND $100. MARQUETTE BANK. TENTATIVE AGENDA ADJ.REG.SESSION SHAKOPEE, MINNESOTA MAY 15, 1990 Mayor Gary Laurent presiding 1] Roll Call at 8:00 P.M. 2] Approval of Agenda 3] Proclamation - National Public Works Week - on table 4] Liaison Reports from Councilmembers 5] Mayor's Report 6] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 7] Approval of Consent Business - (All items listed with an asterisk are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. ) *8] Approval of Minutes of May 1st and May 7th, 1990 9] Communications: a] Mark Pidde re: Lease of property for Valley Ice Arena b] 10] Public Hearings: None 11] Boards and Commissions - Planning Commission *a] Amending A Condition of Approval of the Final Plat of Hillwood Estates - Res. No. 3233 12] Reports from Staff: a] Youth Building Panic Hardware - tabled 5/1 b] Applications for Liquor Licenses - Turtle's Bar & Grill c] 1989 Annual Financial Report - Auditor's Presentation d] Swimming Pool Remodeling - tabled 4/17 e] Street Lights f] Fiscal Disparities Option for TIF Districts 3 and 4 - Tabled 5/1 g] Batter's Eye Construction Update - Verbal report by City Engineer h] Approval of Bills in Amount of $272, 382.45 i] Local Government Aid (LGA) Cuts j ] Renaming Street in Stonebrooke First Addition TENTATIVE AGENDA May 15, 1990 Page -2- 12 ] Reports from Staff continued: k] Boards and Commissions Annual Picnic 1] City Attorney Budget and Information m] Request by Shakopee VFW 13 ] Resolutions and Ordinances: a] Res. No. 3234 , Accepting Bids on Lewis Street, Project 1990-5 b] Res. No. 3235, Accepting Bids on Killarney Hills, Project 1989-7 14] Other Business: a] Set worksession to discuss pavement mgmt b] c] d] 15] Adjourn Dennis R. Kraft City Administrator • • CITY OF SHAKOPEE OFFICE OF THE MAYOR PROCLA_MA,TION WHEREAS,public works services provided in our Community are an integral pan of our citizens'everyday lives;and WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as water,sewers, street and highways, public buildings, solid waste collection, and snow removal;and WHEREAS, the health, safety, and comfort of this Community greatly depends on these facilities and services;and WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design, and construction, is vitally dependent upon the efforts and skill of public works officials;and WHEREAS, the efficiency of the qualified and dedicated personnel who staff public works departments is materially influenced by the people's attitude and understanding of the importance of the work they perform, • NOW, THEREFORE, I, Gary L. Laurent, Mayor of the City of Shakopee, do hereby proclaim the week of May 20 through May 26, 1990, as 'NATIONAL PUBLIC WORKS WEEK' in The City of Shakopee. and I call upon all citizens and civic organizations to acquaint themselves with the problems involved in providing our public works and to recognize the contributions which public works officials make every day to our health,safety, and comfort. GIVEN UNDER MY HAND AND THE SEAL OF THE CITY OF SHAKOPEE THIS 20TH DAY OF MAY, 1990 Attest: �" v Mill if • �`1 •City Clerk Mayor • ►' - k. a • `-. . . 'moi� ,i 1 ;"ri r • . .0 . 14 a ,^� tk OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL REGULAR SESSION SHAKOPEE, MINNESOTA MAY 1, 1990 Mayor Laurent called the meeting to order at 7 : 00 p.m. , with Cncl . Wampach, Clay, Sweeney, Zak and Vierling present. Also present: Dennis Kraft, City Administrator; David Hutton, City Engineer; Judith Cox, City Clerk; and Julius A. Coller, II, City Attorney. Sweeney/Zak moved to approve the agenda subject to items being deleted from consent business, to be discussed and voted, and with the following additions to the agenda: Custodial position, Krass & Monroe correspondence, Legislature report on 1990 tax bill, legal services for the City, and the Stans proposal. Motion carried unanimously. Mayor Laurent read the resolution of appreciation to R. Gene Foudray for his services on the Planning Commission. Vierling/Clay offered Resolution No. 3228, A Resolution of Appreciation to R. Gene Foudray and moved for its adoption. Motion carried unanimously. The City Council meeting recessed for the Housing and Redevelopment Authority meeting at 7 : 15 p.m. , and reconvened at 7 : 20 p.m. Cncl . Sweeney reported on the status of the Scott County strike. Mayor Laurent presented his itinerary for the following weeks and reported on the April 19th meeting with the Transportation Coalition. Mayor Laurent recognized anyone in the audience wishing to speak, who was not on the agenda. Michael Stephens, 823 Bluff Avenue, voiced his concerns relative to the noise from "Cheers 2 Ya" . He stated the bass level from the band was presenting a great annoyance. He requested the City Council either upgrade the building to handle the noise, or ask that the band turn down the bass level. He stated patrolmen have been called on various occasions, but before they are at the site the noise level seems to be turned down so the noise cannot be properly monitored. Mayor Laurent asked the city administrator to follow up on this concern with the police department and building inspector to see what can be done to obtain a proper noise level. There were no further comments from the audience. Mayor Laurent asked the members of the audience if there were any items on the agenda under consent business they wished to have removed from consent business for further discussion with the Council members. There were no comments. Proceedings of the May 1, 1990 City Council Page -2- Vierling/Clay moved to approve the consent business. Motion carried unanimously. Vierling/Clay moved to approve the minutes of April 3 , 1990 and April 17 , 1990. Motion approved under consent business. Vierling/Clay moved to receive and file the letter from Pat Sheldon dated April 24 , 1990 requesting the Council adopt the current recreation program, policies and procedures which are now in place. Motion approved under consent business. Vierling/Wampach moved to receive and file the letter from Bill Preiss regarding future concerns of the recreational services and facilities. Motion carried unanimously. Bill Preiss, president of the Shakopee Youth Baseball/Softball Assn. was present for discussion. He requested that recreational costs be kept to a minimum and to keep the Park and Recreation Board intact. He also requested funding from the City for recreational programs. Correspondence of April 26, 1990 from John Nelson regarding damages caused to Nelson Apartments from the city sewer blockage was deleted, per the request of Mr. Nelson. Vierling/Clay moved to grant the developer of Canterbury Park 3rd Addition an additional 90 days to file the final plat with the County. Motion approved under consent business. Barry Stock, Assistant City Administrator gave a report on the proposed park department organizational structure and the establishment of a Park and Recreational Advisory Board. Mayor Laurent asked for comments from participants involved in this proposed organization. Mark Miller, chairperson for the Community Development Commission and also Chairperson for the Park Development Sub-Committee of the CDC, addressed the Council. Steve Johnson, member of the Shakopee School Board and the Shakopee Community Recreation Board, was present for discussion and stated his support for the establishment of a Park and Recreation Advisory Board. Zak/Vierling moved to direct the appropriate city officials to prepare the necessary ordinance amendment establishing a Park and Recreation Advisory Board in accordance with the terms and conditions set forth in the resolution proposed by the Community Development Commission and Community Recreation Board. Motion carried unanimously. Proceedings of the May 1, 1990 City Council Page -3- Vierling/Zak moved to direct the appropriate city officials to prepare the necessary ordinance amending the City Code creating a new Park and Recreation Department, with the understanding that: 1) The current responsibilities of the recreation program planning and management be continued and led by a director having department head responsibilities on a par with other heads of departments within the City' s organizational structure; 2) Park and Recreation functions be coordinated and administered by this department in concert with the other appropriate planning boards, committees, and personnel within the city structure; and 3) Park Maintenance and Forestry shall remain the responsibility of the Public Works and Park and Recreation Department input being readily accepted resulting in a "fair shake" at all times for parks and recreation functions. Zak/Vierling amended the motion to delete part of the third condition, the statement relative to "resulting in a ' fair shake' at all times for parks and recreation functions" . Motion carried unanimously. Zak/Vierling moved to change the word "and" in the third condition to "with" to read "responsibility of Public Works with Park and. . " Motion carried unanimously. Motion carried unanimously on the main motion as amended. Zak/Vierling moved to direct the appropriate city officials to advertise for candidates to serve on the Park and Recreation Advisory Board. Motion carried unanimously. The agenda item on the youth building panic hardware was deleted from consent business by Cncl. Sweeney due to the memo listing more than one alternative for a solution. Council members discussed the need to use the facility for sleep-overs. Vierling/Wampach moved to prohibit sleeping in the youth building, which would negate the need for panic hardware. Motion denied unanimously. Sweeney/Zak moved to table the discussion on panic hardware for the youth building in order to obtain additional information. Motion carried unanimously. Dave Hutton, City Engineer, reported on the need to conform addresses in Timber Trails Subdivision due primarily to any future emergency situation. Clay/Vierling moved to authorize the appropriate City staff to revise the street addresses within Timber Trails Subdivision to conform to the City' s grid system, and direct staff to notify all the residents of this action. Motion carried unanimously. Proceedings of the May 1, 1990 City Council Page -4- Wampach/Vierling moved to authorize the Public Works Director to replace the diesel fuel tank pump at an estimated expense of $2485. 00 by Westside Equipment Company. Motion carried unanimously. Wampach/Zak moved to direct the Finance Director to prepare a budget amendment resolution in order to transfer adequate funds into the Capital Equipment Budget from the Public Works budget (internal transfer) . Motion carried unanimously. Cncl. Sweeney requested the agenda item relative to a Seasonal Engineering Inspector be removed from consent business because he believed that by not hiring temporary seasonal employees this would cut back on expenses. City Engineer responded that a seasonal Engineering Inspector is needed for upcoming projects, without a Seasonal Inspector, a consulting firm would have to be used at a considerable higher rate. He added that most of the costs are specially assessed back to the project. Vierling/Wampach moved to approve the seasonal/temporary employment of Quintan Hammer as Engineering Inspector at the rate of $10 . 75/hour, with no benefits, effective May 2 , 1990 for a period not to exceed six months. Motion carried unanimously. Vierling/Clay moved to declare all items as noted on the Attachment No. 1, dated April 6, 1990, as surplus including the addition of the civil defense siren and to authorize the City Administrator to sell or dispose of all items. Motion approved under consent business . Clay/Wampach moved to approve the bills in the amount of $146, 282 . 86 . Motion carried unanimously. Sweeney/Clay moved to accept the quote of American Appraisal for an appraisal of City buildings for insurance purposes through the League of Minnesota Cities program, in the amount of $2 , 145. 00. Motion carried unanimously. Council recessed for 10 minutes at 8:26 p.m. Vierling/Wampach moved to authorize the appropriate City officials to execute the contract extension agreement, dated April 12 , 1990, with Orr-Schelen-Mayeron & Assoc. , Inc. for professional services associated with designing Bluff Avenue for a total estimated fee of $6, 000 . 00. Motion carried unanimously. Wampach/Vierling moved to authorize the appropriate City staff to utilize Patchin & Associates, Inc. to prepare the appraisal report for the desired right-of-way on this project for a fee of $1, 500. 00 . Motion carried unanimously. Proceedings of the May 1, 1990 City Council Page -5- Vierling/Zak moved to establish a Board of Review consisting of five members: three members at-large and two Councilmembers. Motion carried unanimously. Vierling/Wampach moved to nominate Mr. Richard Marks, Mr. Robert Turek and Mr. Eldon Reinke to the Board of Review for a one-year term. Motion carried unanimously. Sweeney/Wampach moved to suspend the rules for the purpose of making appointments to the Board of Review simultaneously with the nominations. Motion carried unanimously. Zak/Wampach moved to appoint Mr. Richard Marks, Mr. Robert Turek and Mr. Eldon Reinke to the Board of Review. Motion carried unanimously. Sweeney/Clay moved that the Mayor appoint two Councilmembers to serve on the Board of Review. Motion carried unanimously. Mayor Laurent appointed Cncl. Robert Sweeney and Cncl . Gloria Vierling to the Board of Review for a one year term. Wampach/Vierling moved to authorize the appropriate City officials to execute Supplemental Agreement No. 4 , with Howard Needles Tammen & Bergendoff for engineering services associated with the downtown bridge and bypass, in the amount of $8, 547 . 00. Motion carried unanimously. Vierling/Clay moved to authorize the appropriate City officials to reimburse Gold Nugget Development Inc. a total sum of $9 , 192 . 31 associated with the street oversizing costs of Vierling Drive within the Meadows 2nd Subdivision. Motion approved under consent business. The agenda item on fiscal disparities for TIF Districts No. 3 and No. 4 was removed from consent business at the request of Cncl. Sweeney so he could make a statement of intent to introduce a motion at a later council meeting. Sweeney/Clay moved to table action on fiscal disparities option for TIF Districts No. 3 and No. 4 . Motion carried unanimously. Vierling/Clay offered Resolution No. 3227, A Resolution Amending Resolution No. 3160 Adopting the 1990 Fee Schedule, and moved for its adoption. Motion approved under consent business. Vierling/Clay offered Resolution No. 3230, A Resolution Accepting Work on the 1989 Pavement Preservation Program - Seal Coat Project No. 1989-10, and moved for its adoption. Motion approved under consent business. Proceedings of the May 1, 1990 City Council Page -6- Sweeney/Wampach offered Resolution No. 3229, A Resolution Accepting Bid on the Upper Valley Drainage Project, Phase II, Project No. 1987-5A, and award the contract to Richard Knutson, Inc. of Savage, MN, for a total amount of $576, 737 . 00, and moved for its adoption. Motion carried unanimously. Wampach/Zak moved to allocate a contingency in the amount of 8 percent for use by the project administrator (City Engineer) relative to Project No. 1987-5A. Motion carried unanimously. Vierling/Clay offered Resolution No. 3231, A Resolution Apportioning Assessments Among Tracts Contained Within Registered Land Survey No. 134 , and moved its adoption. Motion carried under consent business. Vierling/Clay offered Resolution No. 3232 , A Resolution Apportioning Assessments Among New Parcels Created as a Result of Platting of The Meadows 3rd Addition, and moved for its adoption. Motion approved under consent business. Sweeney/Vierling moved to hire Charles Fuller as a full time custodian at the rate of $ :A4 per hour, effective May 29, 1990 . Motion carried unanimously. Staff was directed to research the possibility of the City forcing Minnesota Racetrack Inc. to pay its debt of $240, 000 for administrative fees relating to the Revenue Bonds, Series A. The City Administrator stated that the proposed 1990 tax bill would cut $37 , 594 for Shakopee, and the possibility exists that the levy base may also be frozen. He added that any new projects for 1990 would not be able to utilize Tax Increment Financing as a result in changes to the TIF law. Sweeney/Zak moved that the City Administrator be directed to advertise for a full time, in-house City Attorney. Motion carried unanimously. Cncl. Zak asked that the Stans proposal be reconsidered by the Council. Vierling/Zak moved to reconsider the action taken on the Stans proposal at the April 17 , 1990 City Council meeting. Motion carried with Cncl . Wampach and Sweeney opposed. Vierling/Clay moved to authorize the appropriate City officials to submit the revised proposal concept to Mr. Stans and the Stans foundation stating the Council would further consider the proposal to provide a means for a museum facility. Proceedings of the May 1, 1990 City Council Page -7- Vierling/Clay moved to amend the motion by changing Number 6 of the proposal to indicate that the City will identify the use of a municipal facility as opposed to construct a municipal facility. Motion carried with Cncl. Wampach and Cncl. Sweeney opposed. Cncl . Sweeney moved the question. Motion carried with Cncl. Wampach and Cncl. Sweeney opposed. City Administrator suggested that at this time the Council not recess for the executive session to discuss collective bargaining. Sweeney/Clay moved to adjourn to May 7, 1990 to a time immediately following the workshop session with the Shakopee Public Utilities Commission, at the Shakopee Public Utilities building. Motion carried unanimously. Meeting adjourned at 10: 00 p.m. a4a, E) - J 4th S . Cox Ci Clerk Jane VanMaldeghem Recording Secretary V l OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REG. SESSION SHAKOPEE, MINNESOTA MAY 7, 1990 The semiannual worksession with the City Council and Shakopee Public Utilities Commission took place at 7: 00 P.M. in the meeting room at the Utilities offices. Mayor Gary Laurent called the adjourned regular session of the City Council to order at 8 : 35 P.M. with Cncl.Zak, Wampach, Vierling, Clay, and Sweeney present. Dennis R. Kraft, City Administrator, was also present. Mayor Laurent recessed the Council meeting for an executive session to discuss collective bargaining. Mayor Laurent re-convened the Council meeting at 10: 05 P.M. Also present were Gregg Voxland, Finance Director; Charles Ries, Fire Chief; Dave Hutton, Public Works Director; and Tom Steininger, Police Chief. Discussion ensued on the annual update of the Five Year Capital Equipment List. The shortfall of revenue compared to projected expenditures was noted. The possibility of setting up a fire service district or assessment was suggested. Vierling/Sweeney moved to increase the minimum cost of equipment covered by the Five Year Capital Equipment List from $1, 000 to $5, 000. Motion carried unanimously. Vierling/Zak moved that the City may use Certificates of Indebtedness to finance the purchase of large fire trucks. Motion carried unanimously. It was the consensus of Council that computer software should be included on the Five Year Capital Equipment list when over $5, 000. It was consensus of Council to have a separate work session with the Public Works Director to discuss a pavement management system. It was consensus of Council to evaluate in 1991 whether to purchase a full size pickup for the Building Inspector or to stay with a compact pickup. The replacement cycle for police squad cars and fire trucks was discussed. Council requested more information from staff on replacement cycles. Mayor Laurent adjourned the Council meeting to Tuesday, May 15, 1990 at 8: 00 P.M. Meeting adjourned at 11: 53 P.M. 0,1-bk, 4Ja• . th S. ox C' 'y Clerk Dennis R. Kraft Recording Secretary W May 4, 1990 TO: THE CITY OF SHAKOPEE MAYOR MR. GARY LAURENT THE SHAKOPEE CITY COUNCIL MEMBERS FROM: THE SHAKOPEE VALLEY ICE ARENA COMMISSION SUBJECT: LEASE OF PROPERTY FOR VALLEY ICE ARENA DEAR MR. MAYOR AND CITY COUNCIL MEMBERS; THE SHAKOPEE VALLEY ICE ARENA CONNISSION WOULD AT THIS TIME REQUEST THE COUNCIL TO APPROVE A RENEWAL OF THE LEASE AGREEMENT FOR THE NEXT FIVE (5) YEARS BETWEEN THE CITY OF SHAKOPEE AND THE SHAKOPEE VALLEY ICE ARENA FOR THE PROPERTY ON WHICH THE ICE ARENA (BUBBLE) NOW STANDS. WE THE COMMISSION WOULD ASK THAT ANY AND ALL AGREEMENTS ON THE CURRENT LEASE STAND AS IS AND ASK THAT THESE AGREEMENTS WOULD BE FOUND EXCEPTABLE TO THE CITY COUNCIL MEMBERS. THANK YOU VERY MUCH. RESPECTFULLY SUBMITTED, MR. MARK PIDDE PRESIDE MIT, VALLEY ICE ARENA INC. 77(2-Airrj ' isik Y071990 err( OF SHAKOPEE MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk C, RE: Valley Ice Arena Inc. Lease DATE: May 8, 1990 INTRODUCTION: The City has received a letter from Mr. Mark Pidde, President of Valley Ice Arena, Inc. , requesting that the lease between the City and Valley Ice Arena Inc. for the ice arena (bubble) be renewed. BACKGROUND: In 1980, the City entered into a lease with Shak-O-Valley Amateur Hockey, Inc. , for property upon which the current ice arena was to be located. In 1985 a new lease was drafted and executed in the name of Valley Ice Arena, Inc. because of the restructuring of the operation. The current lease is for five years, commencing May 1, 1985. Article XV of the lease provides that the lease may be extended for additional five (5) year periods according to the same terms and conditions by written mutual agreement of the parties. According to the letter dated May 4, 1990 from Mr. Pidde, Valley Ice Arena, Inc. desires to renew the lease for an additional five (5) years according to the same conditions as contained in the lease. ALTERNATIVES: 1] Renew lease for additional five years 2] Do not renew lease 3] Enter into a new lease RECOMMENDATION: Staff recommends Alternative No. 1. Staff is aware of no reason why the lease should not be renewed. RECOMMENDED ACTION: Authorize the appropriate City officials to execute an extension to the lease with Valley Ice Arena, Inc. , for the ice facility, for an additional five years beginning May 1, 1990. 9J EXTENSION TO LEASE BETWEEN CITY OF SHAKOPEE AND VALLEY ICE ARENA, INC. In consideration of the terms of the lease between the City of Shakopee and Valley Ice Arena, Inc. dated May 1, 1985 for the ice facility located at Lions Park, it is mutually agreed by and between the parties that the lease is hereby renewed for an additional five (5) years beginning May 1, 1990. VALLEY ICE ARENA, INC. CITY OF SHAKOPEE By: By: Gary Laurent, Mayor Its By: By: Dennis R. Kraft, City Administrator Its By: Judith S. Cox, City Clerk Approved as to form this day of May, 1990. By: Julius A. Coller, II City Attorney U // VV LEASE AGREEMENT r E.3.J'�2 2 ILL5 ` THIS INDENTURE, made this /5f day of May, 1985, by and between the City of Shakopee, a Minnesota municipal corporation (hereinafter designated and referred to as "Lessor"), and Valley Ice Arena, Inc., a Minnesota non-profit corporation (hereinafter designated and referred to as "Tenant"). WITNESSETH: WHEREAS, Lessor is the present owner of the fee title to the land located in the County of Scott, State of Minnesota, legally described on Exhibit A attached hereto and made a part hereof and the improvements constructed thereon (said land and improvements being hereinafter collectively referred as "Premises" or "Demised Premises"); and, WHEREAS, Lessor desires to lease said Premises to Tenant, and Tenant desires to hire and take the Premises from Lessor. NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, and for further good and valuable consideration which each of the parties hereto acknowledge as adequate and sufficient, the parties hereto agree as follows: ARTICLE I. DEMISING CLAUSE 1.1 Lessor, for and in consideration of the rents herein reserved, and the covenants and agreements herein contained on the part of the Tenant to be kept, observed and performed, does, by these presents, demise and lease to Tenant, and Tenant hereby hires and lets from Lessor, the Demised Premises, all in accordance with the terms, covenants and conditions herein set forth. 1.2 Tenant shall have and hold the Demised Premises, and all improvements now or hereafter constructed thereon as they shall be, as of the date hereof, without any liability or obligation on the part of Lessor to make any alterations, improvements or repairs of any kind on or about said Demised Premises for the term of the within Lease. Tenant agrees to maintain the Demised Premises and all parts thereof in good and sufficient state of repair. ARTICLE II. TERM 2.1 The term of this Lease shall commence on the 1si. uay of ,Tune, 1985, and shall continue thereafter through and inclusive of 12:00 o'clock noon on the 30th day of May, 1990, unless sooner terminated as herein set forth. ARTICLE III. RENTAL 3.1 In consideration of the leasing, aforesaid, and provided said use as set forth in Article IV. continues, Tenant agrees to pay to Lessor, at Shakopee City Hall, annual rental in the sum of One and no/100 Dollars ($1.00). ARTICLE IV. USE 4.1 The Demised Premises shall be used for purposes of an ice arena • -1- ct- and for such activities as may be lawfully carried on, in and about the Demised Premises. Tenant shall not use or occupy the Demised Premises or knowingly permit the Demised Premises to be used or occupied contrary to any statute, rule, ordinance, requirement or regulation applicable thereto, or in any manner which would substantially diminish the value or usefulness of the Demised Premises or any part thereof. ARTICLE V. INSURANCE 5.1 The Tenant shall, at the Tenant's sole cost and expense, keep all buildings or structures erected upon the Demised Premises, and fixtures therein, equivalent to the full replacement value thereof against (a) loss or damage by fire and (b) such other risks, of a similar or dissimilar nature, as are or shall be customarily covered with respect to buildings or structures similar in construction, general location, use and occupancy, including, but without limiting the generality of the foregoing, windstorm, hail, explosion, vandalism, riot and civil commotion, damage from vehicles and smoke damage and such other coverage as may be deemed necessary by the Lessor, providing such additional coverage is obtainable and provided such additional coverage is such as is customarily covered with respect to buildings and structures similar in construction, general location, use and occupancy as are, or shall be, constructed on the Demised Premises. These insurance provisions shall in no way limit or modify any of the obligations of the Tenant under any of the terms or provisions of this Lease. 5.2 The Tenant shall also, at the Tenant's sole cost and expense, but for the mutual benefit of the Lessor and the Tenant, maintain (a) general public liability insurance against claims for personal injury, death or property damage occurring upon, in, or about the Demised Premises and on, in or about the adjoining lands, streets and passageways, such insurance to afford protection to the limit of not less than the maximum amount for which claim may be made against a municipality, which at the time this Lease is entered into is Two Hundred Thousand and no/100 Dollars ($200,000.00) per person and Six Hundred Thousand and no/100 Dollars ($600,000.00) per incident. Should that amount be changed by the legislature the Tenant will provide insurance affording protection to the Lessor in the new amounts. Should by Court action the limitations on amounts of claims that may be made against a municipality be removed, the Tenant shall provide such amounts of insurance as the Lessor shall from time to time by written notice require. 7 Moreover, should the Lessor determine that it is in its best interest to require Tenant to provide insurance over and above the amounts hereinbefore set forth, the Lessor shall give Tenant written notice thereof and the Tenant shall provide proof of such additional insurance within thirty (30) days of said written notice. 5.3 All policies of insurance relating to fire, windstorm and similar coverage shall name the Lessor as the co-insured. 5.4 All policies of insurance shall be written in companies satisfactory to the Lessor and shall be written in such form and shall be distributed in such companies as shall be reasonably acceptable to the Lessor. Said policies shall be delivered to the Lessor endorsed ";remt'im paid" by the company or agency issuing the same or accompanied by other evidence satisfactory to the Lessor that the premiums thereon have been paid, not less than ten (10) days prior to the expiration of any then current policies. Said policies shall also contain language whereby the Lessor shall be notified in writing by the insurer of any cancellation of said policy. 5.5 The Tenant shall insure the contents of any building or structure occupied by the Tenant, against loss or damage by fire, windstorm or -2- 1 � other casualty for such amount as Tenant may desire and Tenant agrees that such policy shall contain a waiver of subrogation clause as to the Lessor. The Tenant waives, releases and discharges Lessor for all claims or demands whatsoever which Tenant may have or acquire in the future, arising out of damage to the destruction of Tenant's contents occasioned by fire or extended coverage risk whether such claim or demand may arise because of the negligence of the Lessor, its agents or employees or toherwise, and Tenant agrees to look to insurance coverage only in the event of such loss. ARTICLE VI. UTILITIES 6.1 It is further agreed that Tenant will pay for all charges for water, electricity, light, heat, gas, power, sewer or other utilities furnished to said premises. Tenant assumes all risks upon availability or interruption of such utility services except for causes within the reasonable control of Lessor. The rent and other obligations hereunder shall not abate, and this Lease shall not terminate as a result of unavailability or interruption of said utilities. ARTICLE VII. REPAIRS 7.1 The Tenant covenants throughout the terms of this Lease and any renewal terms, at the Tenant's sole cost and expense, to take good care of the Demised Premises, including the buildings and improvements now or at any time erected thereon, the equipment, fixtures, motors and machinery thereof, the sidewalks, curbs, roadways, parking areas and fences, and to keep the same in good order and condition, and shall promptly, at the Tenant's own cost and expense, make all necessary repairs, interior and exterior, structural maintenance, ordinary as well as extraordinary, foreseen as well as unforeseen, including specifically, but not by way of limitation, all repairs made necessary by the use made by Tenant of the Premises. When used in this provision, the term "repairs" shall include replacements or renewals when necessary, and all such repairs made by the Tenant shall be equal in quality and class to the original work. The Tenant shall keep and maintain all portions of the Demises Premises and the sidewalks adjoining the same in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice. ARTICLE VIII. COMPLIANCE WITH LAWS 8.1 The Tenant covenants through the term of this Lease, at the Tenant's sole cost and expense, promptly to comply with all laws and ordinances and the orders, rules, regulations and requirements of all federal, state and municipal governments and appropriate departments, commissions, boards and officers thereof, and the orders, rules and regulations of the Board of Fire Underwriters where the Demised Premises are situated, or any other body now or hereafter constituted exercising similar functions, foreseen or unforeseen, ordinary as well as extraordinary, which may be applicable to the Demised Premises, the fixtures thereof and the sidewalks and curbs, if any, adjoining the Demised Premises or the use or manner of use of the Demised Premises. The Tenant will likewise observe and comply with the requirements of all policies of public liability, fire and all other policies of insurance at any time in force with respect to the building and improvements on the Demised Premises and the equipment thereof. ARTICLE IX. MECHANICS LIENS 9.1 The Tenant shall not suffer or permit any mechanics liens to be filed against the Demises Premises or any part thereof by reason of any work, labor, services or materials supplied or claimed to have been supplied to the Tenant. -3- et- ARTICLE X. INTENT OF PARTIES 10.1 It being the intention and purpose of the respective parties hereto that all costs or expenses of whatever character or kind, general and special, ordinary and extraordinary, foreseen or unforeseen, and of every kind and nature whatsoever that may be necessary in or about the operation of the Demised Premises, shall be paid by the Tenant. 10.2 The Tenant covenants and agrees that if it shall at any time fail to pay any costs, as defined above, or take out, pay for, maintain or deliver any of the insurance policies above provided for, or shall fail to make any payment or perform any other act on its part to be made or performed as in this Lease provided, then the Lessor may, but shall not be obligated so to do, and without notice to or demand upon the Tenant and without waiving or releasing the Tenant from any obligations of the Tenant in this Lease contained, pay any such imposition, effect any such insurance coverage and pay premiums therefor, and may make any other payment or perform any other act on the part of the Tenant to be made and performed as in this Lease provided, in such manner and to such extent as the Lessor may deem desirable, and in exercising any such right to pay necessary and incidental costs and expenses, employ counsel and incur and pay reasonable attorneys fees. All sums so paid by the Lessor and all necessary and incidental costs and expenses in connection with the performance of any such act by the Lessor shall be payable to the Lessor on demand, together with interest thereon at the lessor rate of twelve (12%) percent per annum or the maximum permitted by law from the date of making of such expenditure by Lessor. ARTICLE XI. DEFAULTS OF TENANT 11.1 If, during the intial term of this Lease or any renewal term (a) the Tenant shall fail to continue the use of the Demised Premises, or (b) make an assignment for the benefit of creditors, or (c) a voluntary petition be filed by the Tenant under any law having for its purpose the adjudication of the Tenant a bankrupt, or (d) a receiver be appointed for the property of the Tenant by reason of insolvency of the Tenant, the occurrence of any such contingency shall be deemed a breach of the Lease and this Lease shall, ipso facto upon the happening of any of said contingencies be terminated and the same shall expire as fully and completely as if the day of the happening of such contingency were the date herein specifically fixed for the expiration of the initial term or any renewal term, and the Tenant will then quit and surrender the Demised Premises to the Lessor, but the Tenant shall remain liable as hereinafter provided. 11.2 If, during the initial term of this Lease or any renewal term (a) the Tenant shall make default in fulfilling any of the covenants of this Lease or (b) the Demised Premises shall be left vacant or deserted for a period of thirty (30) days or (c) this Lease shall be signed or transferred in any manner, the Lessor may give to the Tenant notice of any default or of a happening of any contingencies in this paragraph referred to, and if at the expiration of thirty (30) days after the service of such notice, the default or contingency upon which said default was based shall continue to exist, when the case of a default or contingency which cannot with due diligence be cured within a period of thirty (30) days, if the Tenant fails to proceed promptly after the service of such notice and with all due diligence to cure the same and thereafter to prosecute the curing of such default with all due diligence (it being intended that in connection with a default not susceptible of being cured with due diligence within thirty (30) days the time within which Tenant is to cure the same shall be extended for said period as may be necessary to -4- complete the same with all due diligence), the Lessor, at its option, may Cit/terminate this Lease and upon such termination the Tenant shall quit and '-(/ surrender the Demised Premises to the Lessor, but the Tenant shall remain liable as hereinafter provided. 11.3 The specified remedies to which the Lessor may resort under the terms of this Lease are accumulative and are not intended to be exclusive of any other remedies or means of redress to which the Lessor may be lawfully entitled in case of a breach or threatened breach by the Tenant of any provisions of this Lease. The failure of the Lessor to insist in any one or more cases upon the strict performance of any of the covenants of this Iease or to exercise any option herein contained shall not be construed as a waiver or relinquishment for the future of such covenant or option. In addition to the other remedies in this Lease provided, the Lessor shall be entitled to the restraint by injunction of the violation, or attempted or threatened violation, of any of the covenants, conditions or provisions of this Lease. ARTICLE XII. ASSIGiMENT 12.1 The Tenant shall not assign this Lease, either in whole or in part, nor sublet or mortgage the leasehold interest of Tenant or any part or parts thereof, without prior written consent of the Lessor, which consent will be given, if at all, only to an assignment of this Lease to a non-profit corporation or entity. This condition shall not prevent the Tenant from leasing space within the Demised Premises on an hourly or similar basis for purposes connected with the use of the Demised Premises as an ice facility. ARTICLE XIII. SIGNS 13.1 Tenant may erect such signs as it may deem desirable, as long as said signs do not violate the laws of the municipality in which the Demised Premises is situated. ARTICLE XIV. MISCELLANEOUS 14.1 The Tenant covenants not to do or suffer any waste or damage, disfigurement or injury to any building or improvement now or hereafter on the Demised Premises, or the fixtures and equipment thereof. 14.2 The Tenant agrees to permit the Lessor, or its authorized representatives to enter upon the Demised Premises at all reasonable times for the purpose of inspecting the same and making necessary repairs to any facility on the Demised Premises which the Lessor maintains or operates. 14.3 The Tenant hereby agrees to indemnify and save harmless the Lessor against and from any and all claims by or on behalf of any person or persons or firm or firms, arising from the conduct or management of or from any work or thing whatsoever done in or about the Demised Premises. Tenant further acknowledges that no representation, express or implied, has been made by Lessor as to the suitablility of the Demised Premises to be used by the Tenant. 14.4 A11 notices, demands and requests which may or are required to be given by either party to the other shall be in writing. All notices, demands and requests by the Lessor to the Tenant shall be mailed by United States Mail, postage prepaid, addressed to the Tenant at the Demised Premises. All notices, demands and requests by the Tenant to the Lessor shall be sent by United States Mail, postage prepaid, addressed to the Lessor, at Shakopee City Hall, Shakopee, Minnesota. 14.5 The Tenant, in the use and occupancy of the Demised Premises and in the conduct of any business therein, shall comply with the requirements of all laws, orders, ordinances, rules and regulations of the federal, state, county and municipal authorities. The Tenant covenants that it will not use or permit to be used any part of the Demised Premises for any dangerous, noxious or offensive trade or business and will neither cause nor suffer any nuisance in, at or on the Demised Premises. -5- 14.6 The Tenant shall, upon termination of this Lease, for any ( Q/ reason whatsoever, surrender to the Lessor the buildings, structures, fixtures and building equipment upon the Demised Premises, together with all additions, alterations and replacements hereof. 14.7 The covenants and agreements herein contained shall bind and inure to the benefit of the Lessor, its successors and assigns, and the Tenant and its permitted successors and assigns. 14.8 If any term or provision of this Lease shall to any extent be held invalid or unenforceable, the remaining terms and provisions of this Lease shall not be effected thereby, but each term and provision of this Lease shall be valid and enforced to the fullest extent permitted by law. This Lease shall be construed and enforced in accordance with the laws of the State of Minnesota. ARTICLE XV. RENEWAL 15.1 This Lease may be extended for additional five (5) year periods according to the same terms and conditions by written mutual agreement of the parties hereto. ARTICLE XVI. ICE FACILITY CONSTRUCTION 16.1 Construction of any ice facility on the Demised Premises shall be commenced and allowed to continue, only after final plan approval by the Lessor. ARTICLE XVII. AUTHORIZATION 17.1 This Lease Agreement is authorized and pursuant to Resolution No. 1700 authorizing the leasing of City property for an ice arena. This Resolution was adopted and adjourned regular session of the Shakopee City Council on September 16, 1980. ARTICLE XVIII. WAIVER OF MECHANICS LIEN 18.1 Before commencing any improvement to the Premises, or allowing any materials, labor or services to be supplied for improvement to the Premises, the Tenant shall provide the Lessor with mechanic lien waivers properly executed by all suppliers of labor and/or materials. Failure of the Tenant to provide said waivers shall constitute a breach of this Lease Agreement and shall entitle the Lessor to any and all remedies hereinbefore set forth. ARTICLE XIX. NOTICE 19.1 During the term of this Lease and any extension thereof, Tenant shall cause to be posted in a conspicuous place on the Premises, and in a manner clearly visible to the public, a notice stating that the Lessor, the City of Shakopee, is not responsible for the cost of any labor, materials or supplies provided for use or improvement of the Premises. -6- IN WITNESS WHEREOF, each of the parties hereto has caused this Lease q CA/ to be duly executed as of the day and year first above written. 1 CITY OF SHAKOPEE giell BY: 1 /1L L/1 einke, Mayor and By:• 44'9 .). Joh Ander,on !t, A min�tor J 4� an By: (DMA, Judith S. Cox, ty Cle,\k VALLEYICEARENA, INC. By(: 2 h.e Its Presid$nt By: '/Ket* Its Secretary THIS INSTRUMENT DRAFTED BY: Approved as,.to fo.., this /S_ day of . iv . Krass, Meyer & Walsten Chartered 327 South Marschall Road, Suite 300 Shakopee, Minnesota 55379j.4. - •=si- a. 116':' y ttorney d STATE OF MINNESOTA) )ss. COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this /3111 day of 1985, by Eldon Reinke, John Anderson and Judith S. Cox, respectively the Mayor, the City Administrator and the City Clerk of the City of Shakopee, a Minnesota mun ., - . . . •. behalf of the corporation. *Her/Publio4Ainnee* --0.4 Hennepin County -.s.-., ,..,....4....a.aid...„..... `~ . J•'. .. .. Noat y Public STATE OF MINNESOTA) )ss. COUNTY OF'�) ife The for ing fi instrument was acknowledged before me this c_0 day of Wieji, 1985, by j and • 24.-ee , respectively the Pr sident and the Secretary of Valley Ice Arena, Inc., a Minnesota non-profit corporation, on behalf of the corporation. 4.:::•.... BARBARA J. HOWIE ;`".itl NOTARY PIJ LIC-1SIKICECOTA i ui�•'C�L� ;,.-. , HENNEPIN COUNTY Notary Publ y, �. My Commiss.on Ex;nc. sy 11 1989 -7- 1 EXHIBIT A That part of the Southwest Quarter of the Northwest Quarter of Section 12,ITownship 115, Range 23, Scott County, Minnesota, described as follows Commencing at the southwest corner of said Southwest Quarter of the Northwest Quarter; thence on an assumed bearing of North along the west line of said Southwest Quarter of the Northwest Quarter a distance of 671.24 feet to a point hereinafter referred to as point "A"; thence continuing North a distance of 135.73 feet; thence South 84 degrees, 17 minutes, 30 seconds East a distance of 492.19 feet to the point of beginning of the land to be described; thence continuing South 84 degrees, 17 minutes, 30 seconds East a distance of 354.81 feet; thence South 00 degrees, 15 minutes, 00 seconds West a distance of 658.57 feet more or less to the intersection with a line drawn South 54 degrees, 08 minutes, 30 seconds East from the'aforementioned point "A"; thence • North 54 degrees 08 minutes, 30 seconds West a distance of 442.80 feet; thence North 00 degrees, 15 minutes, 00 seconds East a distance of 79.95 feet; thence North 54 degrees, 08 minutes, 30 seconds West a distance of 270.42 feet; thence North 49 degrees, 14 minutes, 22 seconds East a distance of 300.37 feet to the point of beginning. • rose.of trimly R+mnlu xtvety CAA,WI 1!!w M kulrernUt .r i m.d 'Aids since W\rrna M trio 3 tiny w ��� A.O. 15 SS&11:000.4-A dm. "" 6°'. ned n 21010' • Ows I Ci CO—! c:J CONSENT llama MEMO TO: Dennis R. Kraft, City Administrator FROM: Lindberg Ekola, City Planner RE: Amendment to the Conditions for Hillwood Estates, Resolution 3208 DATE: May 10, 1990 INTRODUCTION: Mr. Dale Dahlke, developer of Hillwood Estates, is requesting that plat condition number 6 from Resolution 3208 be amended to exclude the trail easement along the north half of Lot 1. BACKGROUND: On March 20, 1990 the City Council adopted Resolution 3208 approving the Preliminary and Final Plats of Hillwood Estates. The resolution contained eight conditions including the dedication requirement for a ten foot trail easement along the west edge of the subdivision. This condition was initiated by the Planning Commission as a means to provide an opportunity for the future Hennepin County bike trail along County Road 79. On Lot 1 of Hillwood Estates there is an existing house located approximately seventeen feet from the west property line. The dedication of the ten foot bike trail easement could locate the trail approximately seven feet from the existing residence. In addition, the house on Lot 1 is resting on a hill which is ten feet in elevation higher than County Road 79. The developer has suggested that the bike trail be located within the widened (50 ' half street) County Road 79 right-of-way in the area adjacent to the existing house. (See attached cross section drawings. ) Correspondence with the Scott County Highway Engineer, The Hennepin County Park staff, and the City Engineer verify that locating the trail in the right-of-way is acceptable for their respective concerns. Attached is a letter from the County Highway Engineer. On May 3 , 1990, the Planning Commission approved the request to exclude the dedication of the trail easement along the north half of Lot 1 of Hillwood Estates on a 3 - 1 vote. STAFF RECOMMENDATION: In concurrence with the Planning Commission, staff recommends that the City Council adopt Resolution No. 3233 which amends Condition #6 of Resolution 3208, addressing the trail easement dedication for Hillwood Estates. ACTION REQUESTED: Offer Resolution No. 3233, a resolution amending Resolution No. 3208, a resolution approving the Preliminary and Final Plat of Hillwood Estates and move it's adoption. SCOTT COUNTY l 1 CI.,DEPARTMENT 600 COUNTRY TRAIL EAST JORDAN, MN 55352-9339 (612) 496-8346 FAX(612) 496-8365 BRADLEY J.LARSON Highway Engineer DANIEL M.JOBE Asst.Highway Engineer-Design DON D.PAULSON Asst.Highway Engineer-Construction May 3, 1990 Lindberg Ekola, Planner City of Shakopee 129 East First Avenue Shakopee, MN 55379 Re: CR 79 - Trail Dear Mr. Ekola: Mr. Dale Dahlke has contacted this office in regard to the future trail along County Road 79 by Hillwood Estates . Considering the existing conditions and topography in this area, the Scott County Highway Department through the permit process would allow the trail to be located within the right-of-way of CR 79 west of the west line of Lot 1 , Block 1 , Hillwood Estates . This practice has been done along other County roads having similar conditions ( terrain, development, etc . ) . If you have any questions or would like any further information, please contact this office . incerely, {y c I/ ,+It , \_ Bradley J. Larson, P .E . County Highway Engineer BJL/kmg cc: Mr. Dale Dahlke An Equal Opportunity/Affirmative Action Employer RESOLUTION NO. 3208 t A Resolution Approving the Preliminary and Final Plat of Hiliwood Estates 4 . Soil testing shall be done to determine the best method of installing on-site septic systems for the individual lots. 5. No direct access from individual lots (excluding Lot 1) to County Road 79 will be allowed. Lot 1 shall not construct additional accesses off of County Road 79 . 6. The developer shall submit a recordable 10 ' easement to the City of Shakopee for trail purposes which shall be easterly of County Road 79 . 7 . Lot 5 will have a required front yard setback of 170 ' ; Lot 6 will have a required front yard setback of 80 ' ; and Lot 7 will have a required front yard setback of 70 ' . 8 . Residential units located on Lots 1-4 and Lots 8-10 must be situated so as to provide for future lot splits to accommodate future development if city sewer and water service is provided. J'/1i ; I 1 w 1.4_corner or Jec_�er.4 wp./In,rfge c^. Iv o.7 Y t r . —� —I234rn 9// / 5o ----_,--207-.50._—_-_--..7 -I r—- -`204.39 1._�_-201_44_1- r /Q/ .411 �� � VII _ Q ly -li ) l' - ,_4_.... 77. --. --_— — ...:7,... os L',70-x-Th N I ---.. --,,,)) i ,..11t_ /...,‘\ II Ce,3 I C , (E, Ai I i----. 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I I �o °� \ 1 I H � . so oI -- - 2 851.174 - -I r L\ - - �96.68 = - ��V-1238 II 589,12 / 1 ,) ) 1 � _\- 9-6-- - r i i .C. . lZA • ^ \-poS lc4;•.• 0 (-4 I . so' i • • PAvEfIrnrt <HOv - - -- - 0.....c..._.......6 'rRA I L • . . Z -� .� ,3;1 . . . . g PAVrtli Ir . :SNOULtCR ... S-t4Q : $6.I.O • .,`�j; . . - o • • • . • • • • - - • • • . / A. . . . . g ti PAY C-MC rT St-foUtAXIt j 'TR AiL 0 998 2‘.3.7 . • _ • N:•.+4 9 J C. . . . . • : (a4VaMaiIT. " 2 . : . .-MA 14 4th . ..SG�;�.a z . t • . . . . . PA\./ MCN7". • Si-eolA( R : - c... . . : TRAIL. • 4-W,. .8 6: • . _ h • C :5_ . .i o: • • • SCALE. I"__!o' • ,� .� *01./LOrt __��.. . _. _-- •- AIL ���.- RESOLUTION NO. 3233 A Resolution Amending Resolution No. 3208, A Resolution Approving the Preliminary and Final Plat of Hillwood Estates WHEREAS, on March 20th, 1990, the Shakopee City Council approved the Preliminary and Final Plat of Hillwood Estates with certain conditions ; and WHEREAS, the developer of said subdivision has requested that one of the conditions be modified; and WHEREAS, the Planning Commission did approve the developer' s request to amend Condition No. 6, contained in Resolution No. 3208 , at their regular meeting on May 3rd, 1990 ; and WHEREAS, the City Council has been fully advised in all things. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that Resolution No. 3208 is hereby amended by changing Condition No. 6 to read as follows: 6 . The developer shall submit a recordable 10 ' easement to the City of Shakopee for trail purposes which shall be easterly of County Road 79 along the west 10 ' of Lot 10 and the west 10 ' of the south 1/2 of Lot 1, Block 1. Adopted in adjourned regular session of the City Council of the City of Shakopee, Minnesota, held this 15th day of May, 1990 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 1990. City Attorney /a MEMO TO: Dennis R. Kraft, City Administrator FROM: LeRoy Houser, Building Official and Barry A. Stock, Assistant City Administrator RE: Youth Building Panic Hardware DATE: May 8 , 1990 INTRODUCTION: On May 1, 1990 , at the request of staff, City Council tabled action on the Community Youth Building Committee ' s (CYBC) request to install panic hardware to accommodate overnight sleeping in the Youth Building. BACKGROUND: On May 1, 1990, City staff presented the Community Youth Building Committee ' s request to install panic hardware to accommodate overnight sleeping in the Community Youth Building. Staff reported that when the building was in the planning stages, no one considered the possibility of using it as an overnight sleeping facility. Consequently, no panic hardware was installed. The proposal submitted by the CYBC does present a change in occupancy classification from the conceptual design. The City Building Official has contacted the State Fire Marshall to determine if overnight sleeping can be accommodated in the structure as originally designed. The State Fire Marshall has informed the City that sleeping can be accommodated in the facility if the doors are kept unlocked during the overnight sleeping function and the fire lanes are kept open or if the installation of panic hardware is pursued. In either case, overnight sleeping would be permitted in the facility as constructed. Two cost quotation have been obtained on the installation of the proposed panic hardware. The lowest quote obtained was for $780 . 00 . This item was not budgeted in the 1990 budget. Staff would therefore recommend that the CYBC be encouraged to raise funds for said panic hardware and report any progress that they have made in raising funds for this item to City Council prior to July 1, 1990 . This would coincide with the City' s 1991 budgeting process and in the event funds could not be raised from outside sources, City Council would have the option to budget for this item if they so desired. At our last meeting, several City Council members raised a concern regarding insurance and liability for accommodating overnight sleeping in the facility. I have spoken with the City' s insurance carrier to determine if overnight sleeping would impact our insurance premiums and/or insurance rating. Our insurance carrier has responded in the negative. However, our insurance representative is recommending that the City obtain certificates of insurance from those organizations utilizing the facility for overnight purposes. The Community Youth Building Committee is also proposing to limit the number of people utilizing the facility during overnight functions. They would like to propose that the building occupancy for overnight usage be limited to 50 persons. The CYBC would also like to propose that at least one chaperon be in attendance for every ten persons participating in an overnight function. The Community Youth Building Committee has informed staff that they generally plan on scheduling between six and ten overnight sleeping activities in the Community Youth Building. To date, three overnight functions have been scheduled for calendar year 1990. The CYBC feels that expanding the use of the facility provides Shakopee' s youth organizations with greater flexibility in planning activities. Often times, outdoor overnight activities are planned and canceled in the event of rain. The existence of the Youth Building provides these groups with an alternative on those instances when activities would normally be rained out. The expanded use also provides the youth organizations with a year around facility that can be utilized during those months in which outdoor camping is not practical. ALTERNATIVES: 1. Request the CYBC to attempt to raise funds for the panic hardware and report any progress made back to City Council by July 1, 1990. 2 . Allow overnight sleeping on the main floor of the Youth Building providing the appropriate fire lanes are kept open and doors kept unlocked during the overnight function. 3 . Prohibit sleeping in this building which would negate the need for panic hardware. 4 . Install panic hardware at a cost not to exceed $780. 00 (Funding to be provided from the Contingency Fund) . 5 . Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends alternative #1 and 2 . ACTION REQUESTED: 1. Move to request the CYBC to attempt to raise funds for the panic hardware and report any progress made back to City Council by July 1, 1990. 2 . Move to allow overnight sleeping on the main floor of the Youth Building providing that the appropriate fire lanes are kept open and doors kept unlocked during the overnight function. Occupancy during overnight functions shall be limited to 50 persons with one adult chaperon per ten persons in attendance. Additionally, certificates of insurance evidence liability insurance shall be submitted to the City of Shakopee by those organizations utilizing the Youth Building for overnight camping purposes. MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk( RE: Application for Intoxicating iquor Licenses - Turtle's Bar and Grill, Inc. DATE: May 11, 1990 INTRODUCTION: The City Council is being asked to consider issuing On Sale and Sunday Intoxicating Liquor Licenses to Turtle's Bar and Grill, Inc. , 132 East First Avenue. BACKGROUND: The City has received applications from Turtle's Bar and Grill, Inc. for On Sale and Sunday Intoxicating Liquor Licenses for the property currently occupied by the Shakopee VFW. Pursuant to Shakopee City Code Section 5.32 Subd. 12, the 12 liquor licenses authorized for issuance by the City shall be classed and granted only as follows: Authorized Issued To Date Class A, under 4, 000 sq ft 6 5 Class B, over 4, 000 sq ft 3 1 Class C, hotel/motel 3 1 restaurant/lounge Racetrack license is in addition to 12 authorized The size of this establishment is under 4, 000 square feet so it would qualify for a Class A license. Please note that this is the last license available for establishments under 4, 000 square feet. If and when there is another applicant interested in a Class A license, I will have to advise them that there are no licenses available, unless Council would amend the city code by adjusting the number of licenses available within the three classes. The applicant has entered into a letter of intent with the VFW to purchase the property. The sale is expected to occur prior to June 15, 1990. The application is for a license beginning June 15th and ending July 1st, which is the end of the city's licensing year. The applicant will make application for renewal of the licenses which will be considered on June 19th along with Council consideration of all liquor and beer license renewals. I � Turtle's Bar and Grill Inc. May 11, 1990 Page -2- The VFW currently holds Club On Sale and Sunday intoxicating liquor licenses for this location. Prior to delivering licenses to the applicant, the existing licenses will have to be surrendered or transferred to a new location. The application is in order, the certificate of insurance for dram shop coverage has been approved by the City Attorney, taxes on the property are current, and the facility is in compliance with the City Code requirements of Section 5. 02 , Subd. 3 relating to certificates of occupancy. The Police Department has conducted the necessary investigation and recommends approval. (Memo on table) ALTERNATIVES: 1] Approve applications and grant licenses 2] Deny applications and do not grant licenses 3] Table applications RECOMMENDATION: Staff recommends Alternative No. 1, approve applications and grant licenses. RECOMMENDED ACTION: Approve the applications and grant On Sale and Sunday Intoxicating Liquor Licenses to Turtle's Bar and Grill, Inc. , 132 East 1st Avenue, effective June 15, 1990, upon the surrender or transfer of the existing Club On Sale and Sunday Intoxicating Liquor Licenses currently issued to the Veterans of Foreign Wars, Post No. 4046. jc TURTLES No.263—Applicstion for"ON SALE"License for Intoxicating Liquor. BUSINESS RECORDS CORPORATION.MINNESOTA 1 "ON SALE" • state of Jairtnecsota, ' COUNTT OF ,..2e07r MUXICIPILITT OF 4S ! .017 TO THE 601'Elt.17.r1'C BOUT OF THE .9BOi'E :1".1,111,'1) .11U.VICIP.4L1TY: Pursuant to Chapter 46 of the laws of.Minnesota. Special Session of 1933-4 U. rree 437.43e temm ..................................... .... hereby appl%F5 .for a license,for the term.of. /4 bALYS 771 from. the �-5 .. day of k.J'L/it/e' 19.90, to sell intoxicating liquors as defined by lain at retail only for consumption. "OX T11F,' PIIF,.111,SER"described as follows:__. ............. Rde...ANO 412llL.....h 0e4 1- Q.. ..A-r—......../3,k F(.5.77... Asx/cls.. E!4S.T...,.... S'f//? Off E /V//1/.A,l .50721-................. _.. in said municipality, on which premises ./l eff 11&control and operate a Bate 4yezL.c ;and to that end hereby represent....and state..S ; • That said municipality is a . e/ QF >`1-16-_ Fe7g27-- t? 45-,,5 which has a population of AP.P,a42A/' 24T.,5 y /4..0420 and which.does not maintain an exclusive liquor store; That said /6/14 .!.)t1/4 �'I.e2/LL.... is an establishment having a. resident proprietor and manager and the following equipment and facilities,.._ ry`. 7"GLR1.e. NrQ.(1/00o. f.._ ....T. ...... /..reK'&t. . A-t/6 • • That said applicant /.5 citizen of the United States, /5 over twenty-one dears of age. NG of good moral character and repute, A4195 not,since the enactment of the act above specified, been convicted of any wilful violation of any law of the United States, or of the State of:Minnesota,or of any local ordinance, with.regard to the manufacture, sale, distribution,or possession for distribution or sale, of intoxicating liquors,and that no license issued to AL! ,11 under said act has ever been revoked: Thal no manna facturer or wholesaler will own or control, or has any financial interest in, the business of selling intoxicating liquors at retail on said premises, nor power to exact or require, by con- tract, understanding or otherwise, said applicant..........to handle or sell only the products of such manu- facturer or wholesaler: That no other retailer's license has been issued,directly or indirectly, to said applicant or for said premises; that no license of a.class other than, hereby applied for has been issued to any person at said premises; and that said premises are neither owned or controlled by any person to whom no license could be issued: That said premises are not within any area within which the sale of intoxicating liquors is pro- hibited by the laws of the. State of Minnesota, the provisions of any charter, ordinance or special law, or through zoning ordinances, proceedings or legal process regularly held for that purpose: Thal said applicant hereby egree5.....that any license granted pursuant hereto shall be non- transferable without consent of the authority issuing the same; that said license shall not be effective until a permit shall be issued under the laws of the United States in case such permit is required under said lairs;and that 111-9,40L/e sill keep said license posted in a conspicuous place in said premises: 7'hal this appliration is Made pursuant and subject to all the laws of Minnesota, the lams of the United States, the ordinances and regulations of said municipality, and the regulations of the Liquor !'mrtrol Commissioner of ,Minnesota, relating to the sale and places of sale of intoxicating liquors, all of which arc hereby made a part hereof, and which IIPPe-/erlWritereby agree.5. to observe and obey. N. .2 % A po \ HA i , • + Ni ~d o n ...., ..cfl flf\ t i a 4- 0 i �c v H K 1:-;* y i i k Zj t` A FS' co '' d O i ! ....• ''' : : - {a sandxg uo?ssiutueoo fiti^ C,i31, 9'N0 sartc3'um*/41 •uuVit(•'fi;nzO3 1 • atlgnd/1•")10A. uNnoo A3SYMJ �.S eti Zvi V105.9838'1810 011 „: -. � ' l�:R9y38'W GOII •7t", ��, 6I jjo"PP e?Y3 atY' ((//'' ''ice- -d ---‘ 277-op/ r' . Neff s a,l7/.... 9Jo,�ag 01 u.Joms puv p q-wagng f�t�l�� � PPal Y a ntou, umo 6/hi /o ono a.tv uol1vn7ddv pins ui apvut aluauta3v1s ay; Ivy; pun. !uo11vauddv u?yllot ay; {o alualuoa ay; puv 'loamy uollvaol ay; ' 1uvallddv plus{o ssautsnq all Jo puv uopvailddv unoyn ay; Id! palD 9 slav/ ay; Jo 4papmowl puny ls4 puv 1pt/ vy ay lull : 1uvatlddv urinal ay? • L 72/71,,, Q/W�9 t�v»/ ,ro .�t►`30r ar'd c/ �# ;VW five-ylvo uo 'Moms fillip Puaag2LZ/J7._/__ `yob ( _.110e),G` 10 d.IAt100 ee 'BI00auui 10 alintig 7o � 77�ii� o�d a� s/3 n/. . im 61 , y:)G,"�,t -p-,na • 'd..wS4,,r'mo 4z,. .-- wizi,/ • 7 40/asi c 04v/sAi he»O cg(J-- .fir/ " "ye (fiuv Jt'uol)vinsa.t;Dm Jo slur:aa.uuba.t.iaq;o 4079 a.tall) L 7 (Here state other requirements of local regulation,if any) c7 /1-e,G7LE .�Ol , ea-WE-0'541/4o o 5 5�,ey " . .6-0% Owae-/esiyeA. • Dated 4 lP 19..W0 lu E:5 LJ,-ie2 oem ‘1/zez .. 4 • ., .fez/.,.... *tate of innecSota, l„ T J COUXTY OF 6e'e7 cm-la,/ /7 T[(/q being duly sworn,.on oath. say that #E _.....i. P, t`srpi*�yr of /it/Irz f i6"-.-i4n./d eiziec E-T-Ne' the within applicant ; that he ha full and first hand knowledge of the facts stated in the within application and of the business of said applicant , the location thereof, and the contents of the within application; and that the statements made in.said application are true of H/.5 own knowledge. r SSubscribed and Sworn to Before /u.�e,.. $ . "xe,.,,d ez..t.. . .. e Me this c" W day of Amt- i i �- 10,7 f ...,2C'... c L 19 1 ,,nnvwwv�:.:::�::,•: � i LLOYD M.SERUM "// A.:...y •..(_- _-.14.7.` .1:7- NOTARY RUeuc—JANNEsoR1 r ✓ RAMSEY COUNTY Votary Public. . ..,/7A/I1 S l,y. County,.Minn. My Carom.Expires Dec.a Mt ,,�fin// G My Commission Expires e) "llX-c--6, /1y_3 (� av6 4 In •� -- ' Y) 0) _ pG 11 ~< EN 44 p :12 04 4ii b i ,~(� h .o..a `0 v � E �0 i q4 •tc) a k. v a. tJ '`''. 1N W . ` N W /2 LIQUOR LICENSE INVESTIGATION LIQUOR LICENSE APPLICATION PROM GARY F. & SHERRY L TURTLE. BASED ON INFORMATION SUPPLIED ON THE APPLICATION, A INVESTIGATION WAS CONDUCTED. THAT INVESTIGATION REVEALED NO IRREGULARITIES. t 611 -)ji 11 / zc jcj 89 14,4444 1:14t4AttA4) 2144' Wr64 aNNugL r? tPo ( t5 401MEMO TO: Shakopee City Council FROM: George F. Muenchow, Recreation Director RE: Swimming Pool Concession Stand Remodeling . DATE: May 8, 1990 Introduction I respectfully request re-consideration of the swimming pool Concession Stand Remodeling project as proposed by Building Official LeRoy Houser at the April 17, 1990 City Council Meeting. At that time action was deferred. Background The present concession stand area was constructed within the pool bath house 20 years ago and was designed to handle the most simple types of products such as pop corn, pop, and candy bars . For a number of years now the product line has expanded to accommodate the public' s wishes . New items include pizza, hot pretzels, ice cream, and snow cones. As a result, space is at a premium for workers and storage of products. The additional space will alleviate this crowded situation by allowing better storage of these food products . The new walls will be washable to enhance our capability of maintaining a clean facility. Most importantly the new space will allow the installation of sinks with hot and cold water . At the present time hot water is carried in a bucket from another location in the building. Lastly, this project will allow for a better permanent site for the pool cashier who controls who enters into the pool . Recommendation Authorize the acceptance of the recommendation of Mr Houser as outlined in his memo of April 12 , 1990, a copy of which is attached . MEMO TO: City Council / n G Z FROM: LeRoy Houser, Building Official RE: Pool Remodeling DATE: April 12 , 1990 Introduction Community Recreation has five thousand dollars budgeted for installing approximately 40 feet of walls, a three compartment stainless steel sink and some minor electrical work at the swimming pool. I obtained two sealed quotes for this project and the low bidder was Charles Ries Builders. However, we have a slight problem as usual . The bid is for $5, 486. 00. This is $486. 00 over budget. Recommendation I recommend we accept the Ries bid for $5, 486. 00. I have not given consideration to rebidding the project because of the time constraints involved. The work must be done before May 1, 1990. Action Requested 1. Authorize staff to enter into a contract with Ries Builders to do the work at the swimming pool for an amount not to exceed $5, 486. 00. 2 . Direct staff to prepare a resolution amending the budget to reduce the contingency appropriation and increase the swimming pool budget by $486. 00. EDMAN MIMIS MIN/ IM WIIMM -" 1066 WEST 3RD AVENUE INNINNIIIINNINIIINININIIMMBUILDERS, INC. P.O.BOX 178 SHAKOPEE.MN 55379 612.445$307 April 10, 1990 Mr . Leroy Houser City of Shakopee 1st Ave. Shakopee, MN 55379 • RE: QUOTE FOR WORK AT POOL BUILDING Dear Leroy: Furnish materials and labor as required to construct a wall system, install outlets and install a 3 compartment sink as per sketch supplied by Leroy Houser , building official , City of Shakopee. Description of work as follows: *Remove pipe rails and store on site. *Slot and demolish concrete to allow plumbing hookup of waste lines. *Remove section of existing wall to serve as framed opening into new area. *Construct a 10 ' 7" high frame wall approximately 37 ' long. *Wall to be 3 5/8" steel studs ( 25 ga . ) 16" o/c *Cover wall both sides with 1/2" M.R. sheet rock and fire tape. *Cover sheet rock both sides with 3/32" Glassteel Board (glue applied) with vinyl feature strips at all seams . Caulk connections to dis-similiar materials. *Install a cashier window of similiar construction as wall . *Install a 3 compartment NSF approved #400 stainless steel sink with hot and cold water lines and vented waste line. Insulate to match existing. *Run an electrical circuit and install 3 duplex outlets in new wall . Base Bid Price : $ 6 , 112. 00 Not included in price: permits, fees and bonds Special Note : Upon inspection of site, I noticed a material similiar in appearance to asbestos in the existing pipe insulation . As dictated by law, we would require written verification as to presence or absence of asbestos material at the •roposed wor ate . • !: nc: ely, Thomas G. E•man Edman Builders, Inc . P111110.5E11 Page No. of Pages RIES BUILDERS 681 Menke Ave. SHAKOPEE, MINNESOTA 55379 (612) 445.6906 PROPOSAL SUBMITTED TO /�� �j PHONE .�, DATE [� / STREEToci -4(!�2 , e / �I 'lel,sn v-7 �`) .../ r `r. . JOB NAME _.--- /—.. le_ ze),..ei„. . r r CITY, STATE AND ZIP CODE JOB LOCATION re V-4 ' /4:-/• S.---S'‘--)- 7ii ARCHITECT i JTE OF PLANS JOB PHONE -- We hereby submit specifications and estimates for: eevt/Rteek ' if . �G r 2:/(17//74Z.-r .. uei /6'4: , c.t u.Ls tc=./l Gc L /S. „3 � ! �'' ern .,p 2 ,Aetz;” t ) / ,, ' 6f /1Z(tJ 60-. ? c't,w470ee4244-4 Ct,►2ug-lllx.-t-te_ g ��a�, 4.L Ak 1.11 --C I? QC'Cc�C.e�=L • ti! - 4 ee� . J • • L 6 A16-214.,a4-�J , Z e e. 4C/14— et`£..L( - ' A1.4,44-:a11 4441/G �/ �.�at L .at'v'd � ec,H chi.,, t . • r Frapcnr hereby to furnish material and labor — complete in accordance with above specifications, for the sum of: Lti thC4..4.(' 0 {7,11.4t,4•A1 _id. A2C. dollars($ �T dCO)QC ). Payment to be made es follows: All material Is guaranteed to be as specified. All work to be completed in a workmanlike , manner according to standard practices.Any alteration or deviation from above specifics- Authorized tions involving extra costs will be executed only upon written orders,and will become an Signature i •1. - / extra charge over and above the estimate.All agreements contingent upon strikes,accidents or delays beyond our control.Owner to carry fire,tornado and other necessary insurance. • • is proposal may be Our workers are fully covered by Workmen's Compensation Insurance. withdrawn by us if not accepted within v _ days. Arreptanre of Proposal-The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized Signature to do the work as specified.Payment will be made as outlined above. Signature Date of Acceptance: 1 9-- MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Directo SUBJECT: Street Lights DATE: May 9 , 1990 INTRODUCTION: Staff would like to provide Council with a follow up to their previous discussion regarding street light requests and the possible funding alternatives for installing new street lights. BACKGROUND: The City Council received a request from a citizen group to install a street light on Tyler Street, between 12th Avenue and Vierling Drive. Attachment No. 1 is a copy of the letter requesting this street light. As you recall, this block is around 1, 000 feet long and the only street lights are at the intersections. At the April 3 , 1990 meeting, the City Council discussed this request and directed staff to contact Shakopee Public Utilities Commission to obtain an estimate to install street lights in the entire area (south of 10th Avenue and west of C.R. 15) and to also explore all of the funding alternatives available to the Council. Staff has met with the Utility Manager to determine the number of street lights needed in the subject area. If a street light were installed at mid-block on all of these streets, a total of 17 additional street lights would be needed. Attachment No. 2 is a map showing all existing street lights and the proposed street lights in the area south of 10th Avenue and west of C.R. 15. All of the blocks in this area are approximately 1, 000 feet long. The Utilities Manager has provided staff with an estimate to install the 17 street lights, as shown on Attachment No. 3 . The total estimated cost is approximately $15, 000 . 00. Staff has also researched the funding options available to the City Council for the installation of new street lights, specifically the special assessment option. The League of Minnesota Cities publishes a Handbook for local officials. The Chapter on Financing Public Improvements indicates that Cities may use special assessments to finance the installation of street lights (also for maintenance of street lights) . Attachment No. 4 (two pages) is an excerpt from the League Handbook which clearly outlines the statute on this issue. The City of Shakopee' s Special Assessment Policy, adopted August, 1978 by Resolution No. 1282 also indicates that the City may utilize special assessments to fund the installation or replacement l - � of street lights. Attachment No. 5 is copies of Pages 1 and 2 of the Special Assessment Policy. If the City Council were to elect to utilize special assessments to fund street lights, the City would have to follow the requirements of Minnesota Statutes 429 . 021, which basically requires that a public hearing be held for all assessed properties prior to ordering the improvements. At the conclusion of the project a second public hearing is required to levy the assessments. Special assessment projects may be initiated by a petition signed by at least 35% of the affected property owners or City Council initiated. If 100% of the affected property owners sign the petition, the public hearing prior to ordering the improvement is not required. For the street light that was requested on Tyler Street, there were 12 property owners out of a total of 22 properties on that block that signed the letter. The locations of the signees are shown on Attachment No. 6. Staff does not believe that the property owners that signed this letter did so with the intent of agreeing to pay for the street light, since the City of Shakopee has never utilized this funding alternative. The City has a standard petition form (Attachment No. 7) that indicates the undersigned does agree to be assessed for the improvements and waives all rights to a public hearing ordering the project and also waives all rights to appeal the assessments. If all 22 property owners on this block were to sign this petition, the cost of the single street light would be approximately $53 . 00 per lot. A public hearing would not be required if 100% of the affected property owners sign the petition. If only 12 property owners were in favor of the light, a public hearing would be required to assess all 22 . If the City Council were to initiate the installation of all 17 lights in the neighborhood, a public hearing would be required prior to ordering the project. A quick tabulation of the number of properties included in the subject area indicates that there are about 340 lots, not including the townhomes on the west side of Polk Street north of Vierling Drive. An in-depth search of the property I . D. files provided by the County would need to be done to determine the exact number of parcels in the subject area. Using 340 properties, the assessment per lot to install all of the street lights would be around $44 . 00 per lot. The other option for funding the street lights, excluding the Contingency Fund, would be to utilize the Capital Improvement Fund. According to the Finance Director, there is approximately $2 . 5 million in the Capital Improvement Fund. ALTERNATIVES: 1. Require the property owners who submitted the letter requesting a street light on Tyler Street sign a petition agreeing to pay for the street light and authorize Shakopee Public Utilities Commission to install it. 2 . Direct staff to schedule a public hearing to consider all 17 street lights and to notify all affected properties. 3 . Do not install any lights. RECOMMENDATION: Staff feels that utilizing special assessments is an excellent way to fund new street lights. If a neighborhood wants a street light and agrees to pay for it, the City should install one. For that reason, staff recommends Alternative No. 1. The main reason that the property owners on Tyler Street requested a street light was due to a vandalism situation. The other blocks in this area have not requested a street light. If other neighborhoods notice the street light being installed and question why their block did not receive one, staff could explain the process whereby if the neighborhood submits a petition and agrees to pay for the light, the City would install one. Staff recommends adopting that position rather than expending a lot of staff time and taxpayers dollars to hold a public hearing to install lights where they are not requested. There is no question that all of these blocks are unusually long and dark, but they have existed as such for many years without additional street lights being requested. ACTION REQUESTED: Direct the appropriate City staff to notify the neighborhood group on Tyler Street that if they submit an official petition agreeing to pay for the street light, the City will install one. DH/pmp LIGHT cc: John Perry ATTACHMENT 1 Mr. David Hutton City Engineer City of Shakopee Mr. Hutton; • We are residents of the 1200 block of Tyler Street, in Shakopee. This block is over 1300'in length. There is a street light on / each corner. Because of the distance between the lights, it is almost pitch black, at mid-block on many nights. We feel that this situation contributes to vandalism and other mischief that has occurred and will probably occur again, in our neighborhood. We have experienced this type of problem in this area, for over one year. March 1 , 1990, the most frightening of the occurrences took place, at mid-block. This is what happened: About midnight, one of our neighbors had two large rocks thrown through her children' s bedroom window. While she was on the phone to the police, two more rocks were thrown, one of those two also went through the window. The room was covered with glass fragments, including the crib for her infant son. Fortunately, these two children were not at home that night. Mrs. P. was home with their 5 year old daughter, while her husband and two children were in Wisconsin at a relatives home. Had the kids been home and in bed at that time it would have been tragic. This was the catalyst of our neighborhood forming a neighborhood watch organization. We met formally for the 1st time, March 12th. We had a Shakopee police officer speak with us and we have established a start. During our meeting with our neighbors, we found that there were many frightened people in our neighborhood. We learned of other vandalisms that had not been reported. The reason that people have not reported them were simply fear of retaliation from the vandals. Apparently, some of our neighbors feel that they have good reason to expect retaliation. Mrs. P and Mr. P. had been experiencing harrassment for the last year. 1 During our meeting, ideas for solutions were discussed and the lighting problem surfaced. After a brief discussion, the opinions were unanimous. . .we need a light, soon. . . .before more damage is done or before someone is injured. This is just one step, but it is the most logical and one of the most important steps that can be taken. Our neighborhood / watch will undoubtedly come up with more ideas that will help, that we can do without the city' s direct help. Reporting every act of vandalism to our police department and sharing the information with each other will also be done. We are asking that you and our city council demonstrate your concern for this problem by acting decisively and swiftly to install this much needed determent, mid-block. Most sincerely, 1 /OIL 4 c •i I rvti . - I ' / n v S-6.. i.,\ SC�-.` } '�,;� - l « 7 14 ' c ^ ��� , / n't -57,/ tr ______ ,c2sy_ 7-g.z.=-- ___, _ 045-e, �J - v_ /_-_,,/e R S,&. /)),---`i-e-- /,7. .2 ci -,--7:-;, /c-i, 1-7; ,‘....." ..._ 77-27r./ 1 07.4.....1., II /.---7&--c_..- .:/i. •'f' zllci; 1 i c111-2-Y -- /1: , LLu. !1ktd 4, J ' • 3.‘e2 or 5,' ,jg 7 5 2.- 9" During our meeting, ideas for solutions were discussed and the lighting problem surfaced. After a brief discussion, the opinions were unanimous. . .we need a light, soon. . . .before more damage is done or before someone is injured. This is just one step, but it is the most logical and one of the most important steps that can be taken. Our neighborhood / watch will undoubtedly come up with more ideas that win holy, that we can do without the city' s direct help. Reporting every act of vandalism to our police department and sharing the information with each other will also be done. We are asking that you and our city council demonstrate ynmtr concern for this problem by acting decisively and swiftly to install this much needed determent, mid-block. Most sincerely, -� \ ;i )7 Arrf(C ./ //et_ \tel �JC I/ 11")(_171 ! y 1?)Zd/ 7-7124-Y /<?c,,t, A / r; I A9./ / w. tint 01111LEIA �, ATTACHMENT 2 g� � ` z3 vu.Lurn...mr2ID ►E:tia Sli �r- -e tam 11,16� � a. �� �a� • �� as �d : ,�►1�ti1 • / / O'JTlO� A , Xt, OnEnI� STATE/ O I CORRECTIONAL a all mos FACIUT Y O `�� °� �� �� � • WOMEN rale�I% Z. • I 4::, ,A,,„..... milik 0 air �` �I ~ MI IN MI*: cm- a OAC 0 VIA d MIR,,,, li]IM i IM 1117; .x 1, .,, . dralErilli = - UMW)II GRACE i a _ E * L? * CST_ N3GNOOl n - =h. men mom- URCN ST PARRS R Q �r Dirlow Nor Se Y 440 i:tv+. ---....„ mi -7,-. MI MI MUNICIPAL //si. VALLEY PALLiii ME III IMF Ilw ism , O POOL MI 'v� 't�'L.��} M tiIL/ S SKI ,..\ ' M.� -= i 1E: !.�; 4 � .0, EE V f LOT I - _ _ mail - /Seer �ati'i/1 QO A� r —.-- •/v„ a-4 . LOT z ® M� MC Mir noir �� •, . °O'(Op ,y4 1 `A r` va�e3! v0 RIM i 0, alk 4 4**494 4"ACV IN 1 ....,,,,. LIONS PARK y. ...,- error A `\\ ®® 4 . V LIB '-I E . Ounorr o E ,-�icR-�AT-�- llY,T2 Vb. r- , TO.N SHIP 't--- T r i • 1 1 N. 1 �i ; X N. \ i TIMPAN ` PARK - X N. s. s. • EXISTING LIGHT A PROPOSED LIGHT ATTACHMENT 3 l2-' TO: Dave Hutton, Public Works Director FROM: Lou Van Hout, Utilities Manager RE: Streetlighting installation estimate, 15 locations W. Side of city, plus 2 previous estimates . DATE: 5/3/90 The estimated cost for installation on the additional 15 locations is : $12 , 500 . 00 The estimates previously sent for 2 other locations are: Tyler Street 1 ,164 . 00 Polk Street 1 , 316 . 00 (Sum of the estimates for 17 lights : $ 14, 980 . 00 ) Total Estimate for Installation of 17 Lights : 15 ,000 . 00 ATTACHMENT 4 ) z _9' Financing Public Improvements 2. Cities have frequently used special assess- adopting an ordinance establishing a local im- mcnts to underwrite premature public im- provement policy. 6 provemcnts. Because the city generally bears some of the cost of every public im- A council may consider such an ordinance for provement, land speculators sometimes several reasons. Fairness among property owners urge councils to do unjustifiable special as- requires that assessment policy be consistent. sessment programs. With a frequent turnover on the council,it is much easier to be consistent on such financing if the 3. The availability of special assessment policy is set out in advance in an ordinance. Any financing often tempts city officials to un- change in financing a particular project then re- derwrite the cost of governmental quires a change in the ordinance, a process which programs which should be an obligation of will focus proper attention on the general policy the entire city. involved. If the council has established the general policy in advance, it is easier to justify its decisions 4. Unless they conform to a long-term city in a particular case. Such an ordinance may also financial and capital improvements plan- facilitate the development of a long-range capital ning program,special assessments can sub- program for public improvements. ject the city to two serious financial dangers. A special assessment policy ordinance reflects basic policy decisions on financing local improve- a. If the city frequently undertakes spe- ments, decisions which the council must think cial assessment bond issues backed by through carefully, taking into account past prac- the full faith and credit of the city, in tice, equity, revenue productivity, political accept- an unplanned manner, they might ability, and the rest of the city's revenue system. over-extend city credit. This leads to higher interest charges on all city and * Programs Which Cities May school district borrowing and in- Finance With Special Assessments creases the possibility of default. If special along As a general rule, cities may only use special as- b. regupecial assessmentsty xnt withh sessments to finance public improvements. But, regular vy a burden on tiaxes becomeel ptoorty Minnesota cities may use them in financing certain current services and other programs, too. owners,they will encourage tax delin- quents and imperil the city's credit Local Improvements and borrowing position. From the council's point of view, the public's The public improvements which cities may reaction to a proposed special assessment program mance through special assessment levies are the I. might be the most important determinant of following. feasibility. While taxpayer resistance is usually 1. Streets, sidewalks, alleys, and curbs and minimal, this is not true in every instance. Special gutters: Acquiring, opening, and widening assessment programs receive much greater public streets and alleys; constructing, support if the council adequately informs the reconstructing, and maintaining sidewalks, people of its intentions to make the improvement, streets, gutters, curbs, and vehicle parking the benefits the improvements will provide, and strips.These projects may include charges the financial demands. Adequate advance educa- for beautification, storm sewers or other tion is crucial to the success of public improvement street drainage systems, and installation of programs whether or not the city finances them by connections from utilities to curb lines. special assessment levies. 2. Storm and sanitary sewer systems: Ac- Local Improvement Policy quiring, development, construction, reconstruction, extension, and main- Some cities have attempted to minimize the con- tenance. Cities may include outlets, troversy over special assessment financing by treatment plants, pumps,lift stations, and Page 396 Handbook for Minnesota Cities ATTACHMENT 4 CONTINUED . Chapter 25 other appurtenances, and storm water 15. Fire Protection Systems: Construction in holding areas and ponds. existing buildings upon petition of owners. 3. Steam heating mains: Construction, reconstruction, extension, and main- A number of projects that the local improvement tenance. code defines as local improvements may benefit the entire city, such as a sewage disposal plant, in- 4. Street lighting sxstems: Installation, terceptor sewer, or a water treatment plant. The replacement,extension, and maintenance. constitutional provision authorizing special assess- ments for local improvements may allow these 5. Waterworks systems: Construction, kinds of projects as long as they confer a special reconstruction, extension, and main- benefit on assessed property that the improve- tenance. This includes all appurtenances ments do not confer upon the city as a whole. 8 of a waterworks system, even the treat- ment plant. Another law authorizes cities to use special as- sessments for acquiring or constructing parking 6. Parks, playgrounds and recreational facilities. 9 Cities must use the same procedures facilities: Acquisition and improvement in making the assessments for those projects. of land, and purchase of equipment and facilities. Current Services 7. Street trees: Planting, trimming, care, and Cities also have statutory authority to recover, removal. through special assessments, the following main- tenance costs: 10 8. Abating nuisances: Includes, but not limited to, draining and filling swamps, 1. Snow, ice, and rubbish removal from marshes, and ponds on public or private sidewalks; property. 2. Weed elimination from streets and private 9. Dikes and other flood preventions: Con- property; struction, reconstruction, extension, and maintenance. 3. Street lighting, sprinkling, and dust treat- ment: 10. Retaining and area walls, including high- way -� noise barriers: Construction, 4. Repair of sidewalks and alleys; reconstruction, extension, and main- tenance. 5. Trimming and care of trees and removal of unsound trees; and 11. Parking lots: Acquisition, construction. 6. Garbage collection. 11 12. Pedestrian skyway systems: Construction, reconstruction, maintenance, and promo- A city cannot exercise this authority until it has tion of bridges, overpasses, hallways, passed an authorizing ordinance providing that plazas, elevators, and escalators. such matters are the responsibility of the property owner. The League's "Local Improvement Guide" 13. Underground pedestrian concourses: contains a sample ordinance on this matter. Construction, reconstruction, main- tenance, and promotion of tunnels, ar- Not all of the same administrative procedures cades, plazas, elevators, and escalators. apply to assessments for current services. However, provisions regarding the levy of the as- 14. Malls:Acquisition, construction, improve- sessment (except those relating to installment pay- ment, alteration, extension, operation, ment), supplemental assessments, reassessments, maintenance, and promotion of public and appeals do apply. malls, plazas, or courtyards. Handbook for Minnesota Cities Page 397 ATTACHMENT 5 17, � I . DEFINITION OF IMPROVEMENTS ELIGIBLE FOR SPECIAL ASSESSMENT I • A. The fcllowing public improvements , being authorized by Minnesota Statutes 429 .021 , are hereby defined as being eligible for special assessment within the City of Shakopee . 1 . Acquiring, opening and widening streets and alleys ; constructing, reconstructing and maintaining side- walks , streets, gutters , curbs , and vehicle parking strips . Included in such projects may be charges for beautification, storm sewers or other street drainage inlet systems, and installation of connections from utilities to property lines . 2 . Construction, reconstruction & extension of waterworks systems . This includes all appurtenances of a water- works systems including treatment plants . 3 . Construction and reconstruction of sanitary sewer sys- II . _ tems. Also included may be outlets, treatment plants, pumps , lift stations, and other appurtenances . 4. Planting, trimming, care and removal of street trees . S . Construction and reconstruction of storm sewer systems. Also included may be outlets, treatment plants, pumps, lift stations and other appurtenances. 4)E 6. Installation, replacement and extension of street lighting . 7 . Acquisition and improvement of land and purchase of equipment for parks, playgrounds, and recreational facilities. 8. Acquisition and construction of parking lots. 9. Construction, reconstruction and extension of dikes and other flood control works . 10 . Construction, reconstruction, extension and maintenance of retaining and area walls . 11 . Abating nuisances; including, but not limited to, drain- ing and filling swamps, marshces and ponds on public or private property. 12 . Installation, replacement and extension of street signs. (1) ATTACHMENT 5 CONTINUED I . Continued B . The City of Shakopee also retains authority to recover, ►g through special assessment , the following maintenance costs : .kopee . 1 . Snow, ice and rubbish removal from sidewalks . 's ; 2 . Weed elimination from street and private property. ig for 3 . Street li hting, sprinkling, dust treatment, surfac- 'age ing an pa c i •m 4. Repair of sidewalks. irks 5 . Care of trees and removal of diseased and/or unsound er- trees. sys- II . INITIATION OF PUBLIC IMPROVEMENT PROJECTS nts, Public improvement projects may be initiated by petition of at least . 35% of the affected property owners . Such es . petitions will be received by the City Council until the first day of February of each year for inclusion in that tems. year' s capital improvement program. Petitions for public mps, improvements submitted after that date will be received and acted upon during the year only by special consent of the City Council , or will be received and considered for the capital improvement program of a subsequent year. Public improvements may also be initiated by the City f Council when, in its judgement, such action is required . s nance drain- ic or signs. (2) i VI i 12-'1 ''c] I 1 -H 1 i 1 ' -- 451 \ I1 11E4a ATTACHMENT 6 > ___ i __ \ i c0 S I A 1 •S ' \ i 1 clA ill . 4- 1 3 z 2 ' Z 1111 Z , ill EXISTING STREET LIGHT (TYPICAL) 1 Filli i pi , 0,,,difill I , 111 IllAger4 4. 111 tilli16- MII/2 hil-wierr in s -402. , hal_TT; 17.1 :/fr:j . —;-- , MO 1 • s2 • ,13)‘74-, Q-41 WA OMNI I 3 q t 0 11 '-'- ' .--.'-2—'1 '1 — — niii. 0 RE: \ t_r=3/42 6 . rda7....i . 1, TI rilM \ , 4 \ 1 1 RiLlf , G [IR ! E1) . OUTLOT 0 , X PROPERTIES THAT SIGNED THE n LETTER FOR THE STREET LIGHT 1 ‘ i X \ • SLY ATTACHMENT 7 ;- CITY OF SIIAKOPEE PETITION FOR PUBLIC IMPROVEMENTS The undersigned hereby petitions the City of Shakopee to install the following improvements where noted and to assess them pursuant to Minnesota Statutes Chapter 429: Avenue/Street from to by (improvements requested) The undersigned hereby waives their right to a public hearing prior to Council ordering the improvements and also waives their right to a public hearing prior to the levying of the assessments related to said improvements and further 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. Dated this day of , 19 • STATE OF MINNESOTA ) ) SS (INDIVIDUAL ACKNOWLEDGEMENT) COUNTY OF On this day of , 19 before me, a IJotary Public within and for said County, personally appeared and , being sworn, did say that said instrument was executed as their free act and deed. Notary This instrument was drafted by: Judith S. Cox City Clerk City of Shakopee 129 East 1st Avenue Shakopee, MN 55379 1z TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Fiscal Disparities Option for TIF Districts DATE: May 11, 1990 Introduction Council has been looking at the option to change the fiscal disparities contribution from the city as a whole to the districts. Data on payable 1990 taxes is now available. Background Attached are schedules showing projections for TIF income and expenditures for debt. Last years schedules are included as part of the March 15, 1990 memo. Schedule A-1990 is updated to reflect pay 1990 tax levels. Schedule B-1990 shows the change in fiscal disparities option. Schedule C-1990 reflects pay 1990 tax levels with the districts closed after pay 1996 and the change in fiscal disparities option and also showing no debt service needs in 1990 due to transferring funds needed for 1990 debt payments into the debt service funds in 1989. The deadline for Council to certify to the County Auditor to change the fiscal disparity option for pay 1991 taxes is , 1990. Waiting until closer to this date would give Council the opportunity to see how the track and the inn are doing for the season and if they pay their first half property taxes. Alternatives 1. Table until closer to October 25, 1990. 2. Direct staff to prepare resolution changing the fiscal disparity option for TIF districts 3 & 4. Recommendation Alternative number 1. 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N U 03 .O A .0 r r 0 w .0 00 r r U w .0 w W 0 0 0 0 0 U. 0 U 00 m V 00 U r 0. 0 P W r r r r N W y N 0. 0. 000 V .-. �-. .-. .0 4"y ,7 O V N .0 Oto 14 NO N CON0 .0 .VO Co 0 000 w .7 C . . . . . . . . . . . . . . 0 0 0 t Co V U 0 CO to O. CO 0 t t N t0 r 03 r r 0 w .0 0 0 .0 0 0O r 0O 0O 0 0 0 0 0 0 U 0 U 03 r U V r 0 U U V c) r r N w & O. 03 O. Co Co 0. 0 to W C U U U U N 00 CO .0 .0 0. U r U O. V V OO 03 03 CO 03 CO N U V O N U V .0 V Co N CO r t0 IJ U U U U to r r to U r CO CO CO .0 0 w O O M . . . . . .. .. .. . . . . . . . . .0 30 .O .0 W .0 0. r 03 U r t N to CO N 0 0 F" N N N N to i t V V U 0, T V 0, 0 03 0 4 0 0 0 0 0 0 U U 0 03 0 .0 0. 0 0 U O 03 0 1 ' V, \5- 2- 7RCtiv1 $/26140 TO: Dennis R. Kraft, City Administrator q't LN 1419, FROM: Gregg Voxland, Finance Director RE: Fiscal Disparities Option for TIF District #4 DATE: March 15, 1990 Introduction Council has requested information on the option of changing the fiscal disparities for TIF district #4 - Race Track from the city as a whole making the contribution to the district making the contribution. Background State law allows the City/HRA to make a one time change (irrevocable) to the manner in which a TIF district makes the fiscal disparities (FD) contribution to the FD pool. TIF districts number 3 - Downtown and 4 - Race track have the FD contribution coming from the city as a whole instead of the district. Attached is a letter from Council's bond counsel which states that the City has the authority to make the change if desired. The pros and cons of making the change are: Pro; Remove the "psychological factor" of the citizens "subsidizing" the the taxes for the track. Reduce tax burden on the citizens of the city. Shakopee taxpayers are paying higher taxes because of the FD option on the track and downtown. Springsted estimates the change to be approximately 1.6% in the tax capacity rate which would be about $38 per year on a house with an estimated market value of $85,800 (see attached report) . Make the administration of the TIF districts somewhat easier because the impact of FD is the biggest problem in reconciling county settlements for TIF. Con; Council made the decision the have the FD contribution come from the city in order to maximize the TIF income and recognizing that the county as a whole will be bearing some of the burden. In a sense, the city is getting back some its net FD loss from the other units in the county. For every dollar the city receives under the option, city taxpayers pay $.78 and other taxpayers in the county pay $.22. To the extent that Council spends TIF dollars on projects that would have been built using general property tax dollars, city taxpayers are getting a 22% discount. The option to change is a one time option. If the change is made, the revenue to the city for the next four years is permanently lost (currently amounting to about $381,000) . The revenue generated by the option is part of the cushion the city currently has to cover possible negative events such as failure to pay taxes by some of the parcels in the TIF districts and also to accumulate funds to allow early retirement of TIF debt. Other factors to consider: I don' t believe that Council has committed itself to a position on the use of the TIF trust balance. The City is using it for debt retirement but Council should consider whether it wants to restrict the use of the balance to only debt retirement or whether it wants to pursue the possibility of funding other projects such as the last phase of the downtown project or upper valley. Alternatives 1. Status Quo. 2. Exercise the option to have the TIF districts (#3 and/or #4) make the fiscal disparities contribution instead of the city as a whole. Recommendation Council should carefully weigh the above factors in discussing the issue and give staff direction whether or not to proceed with preparing a resolution making the change in the fiscal disparities option for districts 3 and/or 4. DORSEY & WHITNEY A PArn.I..4110.I.r uro,00 P.onn,ONAL CuwsoWATu,A. 350 PARE AVENUE 2200 FIRST BANK PLACE EAST :110 FIRST :JATIi,•.sl, BANE BUILDING NEW TORE,NEW TORE 10022 MINNEAPOLIS, MINNESOTA 53402 ROCHESTER 4I.:NEBOTA 35903 (212)415-9200 (507,,:98-3156 (612) 340-2600 1330 CONNECTICUT A- VENUE,N.V:. 315 FIRST NATIONAL DANK DV:LW NG WAEFL40TOEf,D.C.20036 TELEX 20-0605 WAYZATA,MINNE80TA 55391 (202)857-0700 FAX(612)340-2868 (612)475.0373 3 ORACECBCECR STREET 1200 FIRST INTERSTATE CENTER LONDON EC3V OAT,ENGLAND BILLINGS,MONTANA 59103 01,729-3334 (406)1'..53-:1800 36,RUE TRONCHET 201 DAVIDSON BUILDING 75009 PARIS,rEA-Y.:E TIiODIAS S. HAY GREAT PALLS,MONTANA 59401 01-42-68-59-49 (406)727-3632 (612)343-7965 FAR EAST FINANC- E CENTER I87 EAST FRONT STREET BONO 5030 MIBSOU LA,MOM TAY A 29802 8152-5.8612555 (-1061n:1-6025 March 5, 1990 Mr. Barry A. Stock Administrative Assistant Shakopee City Hall 129 East First Avenue Shakopee, Minnesota - 55379-1376 Re : Minnesota River Valley Housing and Redevelopment Project No. 1 (the Project) Dear Mr. Stock: You have asked for our opinion as to whether the City may now make the fiscal disparities election described in Minnesota Statutes, Section 469 .177, Subdivision 3, clause (b) , with respect to Tax Increment Financing District No. 4 established by the City within the above-described Project. Based upon the information and reasoning set forth below, we are of the opinion that the City has authority to now make this election. For purposes of giving this opinion, we have reviewed the Minnesota Statutes, Sections 469. 174 through 469 . 178, the tax increment law the City' s Housing and Redevelopment Plan for the Project, as amended; the City' s Tax Increment Financing Plan for Tax Increment Financing District No. 4 within the Project? City Council resolutions and other materials relating to outstanding general obligation tax increment bonds secured by tax increments received and to be received from Tax Increment bistricts formed within the Project, including Tax Increment District No. 4 ; a letter dated February 19th, 1990, to Dennis Kraft from Springsted Incorporated relating to the Project and the various bonds issued with respect to the Project and tax increment districts formed within the Project. FlSPRINGSTED PUBUC FINANCE ADVISORS 85 East Seventh Place. Suite 100 Saint Paul. MN 55101-2143 (612) 223-3000 Fax 612-223-3002 March 16, 1990 Mr. Dennis Kraft, Administrator Shakopee City Hall 129 East First Avenue Shakopee, MN 55379 Re: Fiscal Disparities Election and TIF District No. 4 Dear Mr. Kraft: We have prepared an analysis of two effects of the City changing its fiscal disparities election for TIF District No. 4, Canterbury Downs. At present, the fiscal disparities contribution is made from outside of the district, thereby permitting the district to retain all of the increment income. To change the election would affect the cumulative financial position of the district. A second impact would be to increase the level of taxable valuation of all local jurisdictions and thereby lower their property tax rates. Our objective is to estimate the magnitude of these two impacts. Our methodology to determine the property tax rate changes is to assume the fiscal disparities election occurred for property taxes payable in 1989. Fiscal disparities is probably the most complex property tax law to administer in the state. Projections of future fiscal disparities situations are almost impossible to perform with any accuracy because of the extreme number of factors which will vary over time. Therefore, our approach is to estimate the change in status given the best available information, which is for 1989. We have annually provided the City with an updated analysis of the overall financial condition of its TIF Districts' 1 and 4; TIF District No. 1 is the Kmart District. The last such analysis was done in September 1989. We have updated this September analysis to reflect the two districts' December 31, 1989 cash position, the actual 1989 increment income collections and the rescindment of the supplemental school district levy. The December 31, 1989 cash balance will be amended per footnote C on Schedules A-3 and B-3. Schedules A-1 through A-3 show the current situation with the fiscal disparities contribution coming from outside of the district. Specifically, column 6 of Schedule A-1 is of primary importance. With no change and based on 1989 figures, the City can expect to receive from District No. 4, $1,538,463 per year through 1994. This results in the cumulative financial position found in column 4 of Schedule A-3. Schedules B-1 through B-3 repeat the process with the fiscal disparities contribution being made from the district, thereby revising the district's income downward. Column 6 of Schedule B-1 shows annual increment income at $1,119,466, a reduction of $418,997 per year. This reduction is shown in 1991, the first year such a change would take place. Therefore, the total reduction in increment income over the period 1991-1994 would be $1,675,988. The resulting change in the cumulative situation is found on Schedule B-3. Indiana Off ce Kansas O"'ce Wisconsin Office 135 Nor:n Pennsylvania Street 6800 College Boulevard 500 Elm Grove Road Suite 20'5 Suite 600 Suite 101 Indianapolis IN 46204-2498 Overland Park KS 66211-1533 Elm Grove. WI 53122-0037 (317)684-6000 (913)345.8062 (414) 7828222 Fax 317.684.6004 Fax (913)345.1770 Fax 414782-2904 Shakopee, Minnesota March 16, 1990 Page 2 The estimate of the change in the property tax rates of the City, County, and School District reflect the situation if the change had been in place for property taxes payable in 1989. Schedules C-1 through C-3 provide the estimated changes in property taxes for the City, County and School District, respectively. Our fiscal disparities model is developed to show first the tax rate situation without the TIF district being established, and then compare the two election options. In this case, we have calculated this initial situation to approximate the actual tax rates in 1989. Table 1 summarizes the results of these estimates: Table 1: Estimated Changes in Property Tax Levies From Optional Fiscal Disparities Elections Estimated Estimated Tax Rate Tax Rate Estimated Rate F.D. Contr. F.D. Contr. Taxing Tax Rate Outside District Inside District Schedule District No TIF District (Option A) (Option B) C-1 City 14.205% 15.007% 14.462% C-2 County 35.585 36.111 35.758 C-3 School District 66.130 67.780 66.660 Other 3.61 3.61 3.61 Total 119.530% 122.508% 120.490% These figures should be viewed as estimates which approximate the situation had it existed in 1989. The City has an additional option rather than changing the fiscal disparities option for granting property tax relief for property owners in the City, County and School District. The City can annually declare a cash surplus in the TIF District and remit the funds back to the County for disbursement to the three jurisdictions. This option permits the City to review annually its capacity to fund its own commitments and capacity to grant tax relief. This flexibility is particularly attractive given the uncertainty regarding the racetrack. Once the fiscal disparities option is chosen it is irreversible. Given a worst-case scenario regarding the racetrack and a change in the fiscal disparities option, the City could find itself raising its own property tax levy to cover its existing debt service obligations. Although I have a previous schedule conflict for the Council's initial discussion of this topic, I would be glad to meet with the Council to fully discuss the City's options. We trust these estimates fully respond to your request. Please feel free to contact us if we can be of any further assistance. Respectfully, C:1-Diero David N. MacGillivray Vice President rls Enclosures SCHEDULE A 1 _T • L CD N C) C 7 T C) 0 C) C) .0 > C1 O '0 Y X Y C) CO CO 00 CO CO CO CC CO Cn Cn CO M 01 N C- C) C) C) CD C O O O O O en Cr) CO Al CO CO en C.1 CO CO VI N C CD 0. I Y 2 F- qNE� on + ns L O U) 1C1 UI In . . . . . . . . Ps, CDCV 0CO vvvvvvvv .cr CO Y > X 0 L LCl 10 0 I O. -UC.. 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O n CC O U Q •-. 4--- r. 0a. r. I 1 . [Y U. !r •l 0 /••• .4 r) W U W I- 0 4/) H 0 U < cJ I W > U. x f •C •C Ls. xQ 6 Q w r X O_ < U O r O i 0. I.4 :-C O x J • O LY 0 H 1--• U < M < U W la. J U 1-- O < 1-• .-.• ^ W• 0. .U-. Q X 2 0 4 O 0 0 W W <O. Q L). U U. 1- I- 4-•- 4 F- Q Z U "I1n r- O O CC c) I- I- z 0 4 a < m - ~ > )- Q 2 _ �x( 0 •i. 0J •cC .U.• O 1-• d O. Q w 0 0 0 r >- S - t.r I- <L 6 0 0 ZO p OC N W 0 0 I- • g F- 4 ~ LU > /- CD ^ �J. O O G J W 0 U) O Li )- O 0 ^ 0. 0 0 0 0 •--. LI CO W CO J 11 co CD ) O Q m p O. U H < < = I- J CC O g J J O_ C) S• p J 0 3 U CI !- I < P-• .0 0-• < V) i- C) Y (�) 0 • )( O 0 0_ d 2 1- 20 Q < I- Q 0 1: L..) W at CO CI U •-• 1- O tL W LJ 2•IC CI I- U U < I-0. C3 IL ta4 J J c) V) .•. N rn V .n co r. co 0) O -• tcv •1 TO: Dennis R. Kraft, City Administrator Ji° FROM: Gregg Voxland, Finance Director RE: Fiscal Disparities Option for TIF Districts DATE: May 15, 1990 Introduction Council has been looking at the option to change the fiscal disparities contribution from the city as a whole to the districts. Data on payable 1990 taxes is now available. Background Attached are schedules showing projections for TIF income and expenditures for debt. Last years schedules are included as part of the March 15, 1990 memo. Schedule A-1990 is updated to reflect pay 1990 tax levels. Schedule B-1990 shows the change in fiscal disparities option. Schedule C-1990 reflects pay 1990 tax levels with the districts closed after pay 1997 and the change in fiscal disparities option. Schedule D-1990 is the same as C-1990 but also showing no debt service needs in 1990 due to transferring funds needed for 1990 debt payments into the debt service funds in 1989. The deadline for Council to certify to the County Auditor to change the fiscal disparity option for pay 1991 taxes is , 1990. Waiting until closer to this date would give Council the opportunity to see how the track and the inn are doing for the season and if they pay their first half property taxes. Alternatives 1. Table until later in the summer. 2. Direct staff to prepare resolution changing the fiscal disparity option for TIF districts 3 & 4. Recommendation Alternative number 1. Action Move to table consideration of the fiscal disparity option for TIF district 3 & 4 until August 1990. . o N N N N N r r r r r r r r r r r kv 0 0 0 0 0 0 .0 .0 .0 .0 •0 .0 .0 .0 .o .0 .0 a 1 0 n 0 O 0 0 o 0 .0 .0 .O .0 .0 .0 .0 .0 .O .0 .0 ,C X ry rt A a W N r 0 .0 Co V 0. U a w N r 0 .O M a 0 N N N N N N r r r r r r r r r r 0 r'0't 11, 7 0 0 0 0 0 0 .0 .0 .0 .0 .0 .0 .O .0 •0 .0 1'• A 0 0 0 0 0 0 .0 .0 .0 .0 .0 .0 .0 .0 .0 .0 NI 777 0. Cl) p U w O a N r 0 .0 00 V O. 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O. 0. 0' O 0 0 0 0 0 .') .4 .4 .4 .4 51 51 .4 51 .-1 .4 .4 N N N N N Z /2 i 'I akupre (gummuuitg irrreation 129 Levee Drive Shakopee, MN 55379 Phone: 612-445-2742 MEMO TO: Dennis Kraft, City Administrator FROM: George Muenchow, Recreation Director SUBJECT: Tahpah Park Baseball Field Batting Eye DATE: May 11 , 1990 David Hutton requested that I respond to the question of the status of the proposed Tahpah Park Baseball Field Batting Eye Project. The Shakopee Mens Amateur Baseball Team is spearheading this project. Just as with a number of other items on the "wish list" for this facility, it is not a priority item for the City so donated materials and labor has to be solicited . The batting eye is a section of wooden fence in center field with a dark color to help a batter in better seeing the baseball when pitched . Mr Joe Schleper, Business Manager of this team, is doing most of the leg work. He has met with LeRoy Houser, City Inspector, who has provided him with a set of plans prepared by an Engineering Consultant . These plans are what will be followed . (See copies attached ) . The biggest part of the task is the securing of the funding . They apparently have been successfull in securing commitments of donated poles and some other materials . They have asked S.P.U.C. to erect them. Walden Bros . Lbr . will sell materials at their cost (app. $ 3,000. 00) . They now are out soliciting donations from businesses and organizations to help pay for this . Once they have all of the money in hand they will be back to the City to move ahead through normal channels. C.C. : David Hutton Joe Schleper Le Roy Houser A COOPERATIVE EFFORT OF THE CITY OF SHAKOPEE AND SCHOOL DISTRICT 720 SINCE 1954 1 , 7/ AVAN SICKLE, ALLEN & ASSOCIATES, INC. 4969 OLSON MEMORIAL HIGHWAY • MINNEAPOLIS, MN 55422 • 612/541-9804 February 22, 1990 Mr. LeRoy Houser City of Shakopee 129 East First Avenue Shakopee, MN 55379-1376 RE: Design Check of Backstop Shakopee, MN • VAA Comm. No. 90 .018 • 0( e ')1 ,i i Dear LeRoy: 0 We have reviewed the design of wood backstop as you requested in your memo dated February 15 , 1990 . The used ,telephone poles have adequate embedment into the ground and are strong enough if the diameter of the pole is at least 8 1/4" at the fourteen foot , height above grade. The horizontal 2 x 6 ' s and the plywood are adequate. Their attachment to the poles is sufficient for the wind loads in either direction. The double 2 x 10 diagonal brace is not adequate as sketched. A 6 x 6 spacer block should be added between the 2 x 10 ' s at the 1/3 points and bolted through the double 2 x 10 ' s with two 1/2" diameter bolts (please refer to the attached sketch) . The three 1/2" diameter bolts at each end of the 2 x 10 ' s are adequate. The 6 x 6 post at the bottom end of the double 2 x 10 brace must be anchored to the concrete. This can be achieved by driving four 40d common nails into each face of the 6 x 6 . These nails should be 2 1/2" into the 6 x 6 and 2 1/2" into the concrete (please refer to the attached sketch) . The soil around the base of the telephone poles and the 6 x 6 posts must be well compacted. The concrete strength for this project should have a minimum design strength of 3, 000 psi. If you have any further questions, please feel free to give us a call. Sincerely, VAN SICKLE, ALLEN & ASSOCIATES, INC. i _ . D‘1144..-�cf /1 � /Li.�X` Donald A. Loukusa, P.E. Project Engineer DAL:br/v222hous Enclosure Consulting Engineers Civil • Structural ~S2C��{[F ALLEN & ASSOCIATES | ' | -` SHEET NO I OF | 4969 Olson Memorial Highway K4|NNEAPOL|S. MINNESOTA 55422 CALCULATED BY DATE_a �� (612) 541'9804 / / / FAX (612) 542-1405 CHECKED BY //.1\4 DATE � SCALE ^�����, | . /� � � ' �� � , � | | • IX :10' l''‘, 4 4 V;g4:... I ...,.: ... ' r r + i 4 •i• f LI' 1.1 . . t -t , , .._;. r_ ,-. __,____t i ' e.-111c7N.,. . /' \ , / 4 1" : , . . , ; , , .• .. , , ; . • . . , .. • , . , , , • • . , .• . .. . . .• . .• , „. ; . , • . , .. • , , , , , , . ,... ., i , 4 1 z i. ; • - i .. 4 4 - • , 1 . +I; ! 4 -..I i .i.--4--1. 11 I _.i......7 i 1,.. . !. ... : ...... t. L. : 40 ...,.. : t 7 t ---; ! i • 15.71-12S‘I L -11- r 1 i "F.. , • - ...ir.... ..r..10 , 5) i_ki 11 •I il . . 4 II 0 , . • . . ` -^• *,~ ,^`.'. �~--� ^� .� _ . _ - _ ' _' ' '_' --- _-_ _-_`-� _ � / - -- -'- •' . 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Cr Cr ON Cr Cr CT CT Cr CT 01 ON \-71 - w CO H 0 \O CO -4 0\ vi vi \n 4 4- W w N H' H 0 Z 0 O C 'O C 'j '•d H x 0 : : : 3 - C = C C) = 3 C < '�1 'i t7 t=1 17,1 (D 0 P 3 Otl 0 as (D a coc0 'd coCD 0 '-s c 0 C g CD O 's ci- W c+ c- 0 Cl) 3 Oti W c+ ~ 3 c< N x C am c 0 + C) 3 C cam+ 0 < Cl) O4 r cr (D a 3 ci- fD 'd 0 cu 0[1 c+ C7 3 C 0 C 0 C C < H' 'S TS Cn • CD CD x 11-41 HN N \O w I-H ' '.O 0 > w OO 4 O O VO H' N •P- O (-0 H H -,- -J \n -1) O v1 ON \n O CA" vi Cr CT H' \O H' wvt H' 4 O Cb -P- O -4 w O Cp O O N O O -P" \O O - --.1 O O Cb O 11OO W Cb -� 0 \-11� 0 -4 \C)O 0 � 0 0\ 0 0 N I A TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Local Government Aid Cuts DATE: May 8, 1990 Introduction Information has been requested on how the City can deal with the 1990 Local Government Aid (LGA) cuts. Background According to the League Bulletin dated April 27, 1990, the State has cut Shakopee's LGA for 1990 by $37,594. Council can deal with the cut by amending the 1990 General Fund budget to reduce the appropriation for the Housing Inspector position which Council terminated effective July 1, 1990 and the vacant Police Sergeant position. Alternatives 1. Status Quo. 2. Amend budget as per above. 3. Take other action to offset LGA cuts. Recommendation Alternative number 2. Action Move to direct staff to prepare a resolution amending the 1990 General Fund Budget by reducing the appropriations for the vacant Police Sergeant position and the terminated position of Housing Inspector in order to offset the State cut in Local Government Aid for 1990. MEMO TO: Dennis Kraft, City Administrator FROM: John H. DeLacey, Engineering Tech. III ,( f SUBJECT: Renaming of Street in an Existing Plat DATE: May 10, 1990 INTRODUCTION: At their May 1, 1990 meeting City Council voted to direct staff to readdress the Timber Trails Subdivision. While working on this, staff encountered another addressing problem with tying together Stonebrooke First Addition and Timber Trails. BACKGROUND: At their May 1st meeting staff brought to Council ' s attention that the Timber Trails Subdivision had been addressed backwards at the time it had been platted. This had not caused any problems until now when other subdivisions are being platted and tie into Timber Trails. City Council directed staff to readdress Timber Trails so it would be in conformance with the grid system for the City of Shakopee and notify all the property owners, utilities and other interested parties. While reassigning addresses to Timber Trails and at the same time addressing Stonebrooke First Addition staff became aware of another problem regarding Lakeview Drive. In the Timber Trails Subdivision, Lakeview Drive runs mostly north to south (See Attachment) with a grid numbering range between 2500-2700. The Stonebrooke 1st Addition Plat shows an extension of Lakeview Drive running east-west. To stay in conformance with the grid system, this portion of Lakeview Drive would be numbered in the range of 500-1200 . In the past, staff has deviated from the grid system numbering on a curved road, if the numbering "made sense" and we felt it would be less confusing than to change an entire numbering sequence just because the road "turned a corner" . At first we thought that we could take the same approach with Lakeview Drive, but in looking at a preliminary plan for the entire Stonebrooke area (See attachment) we found that Lakeview Drive will continue further north and then will have another east-west leg. In having two east-west legs and one north-south leg of a street, staff feels that addressing this would be very difficult to do without confusing the public. We have contacted the developer of Stonebrooke, and he has expressed no objection to renaming of Lakeview Drive in Stonebrooke First Addition. The name he has suggested is Stonebrooke Drive. The northern east-west leg will be renamed when that portion is replatted. In checking with the City Clerk, City Council needs to pass an ordinance to change the name of Lakeview Drive in Stonebrooke First Addition to Stonebrooke Drive. ALTERNATIVES: 1. Pass Ordinance No. 289 changing the street name of Lakeview Drive to Stonebrooke Drive in Stonebrooke First Addition. 2 . Do not change the street name of Lakeview Drive to Stonebrooke Drive in Stonebrooke First Addition. RECOMMENDATION: To stay in conformance with the City' s Grid System, staff is recommending Alternative No. 1. ACTION REQUESTED: Offer Ordinance No. 289, An Ordinance of the City of Shakopee, Minnesota, Renaming Lakeview Drive in the Plat of Stonebrooke First Addition from Lakeview Drive to Stonebrooke Drive and move its adoption. JHD/pmp ADDRESS / L ORDINANCE 289 Fourth Series An Ordinance of the City of Shakopee, Minnesota, Renaming Lakeview Drive in the Plat of Stonebrooke First Addition from Lakeview Drive to Stonebrooke Drive THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: SECTION I: Lakeview Drive renamed Stonebrooke Drive All of Lakeview Drive in the plat of Stonebrooke First Addition, hereby is renamed Stonebrooke Drive. SECTION II: When in force and effect After the adoption, signing and attestation of this Ordinance, it shall be published once in the official newspaper of the City of Shakopee and recorded in the office of the Scott County Recorder and shall then be in full force and effect on and after the date following such publication. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1990. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 1990. City Attorney 0 y �� 'yam,• t•Ma• f•• r•Nii,. , . , ........,\ ' \ /L.7 �� • • i '..En+ .o) )°1' Ii " • I • a .r r,1 N.•. • iii• (4•••,....,... . 4h1r .r ly r s.a., �s Ii.: ;..*,",',. .....7r,•j •. wKE VIEW.--.1%!14.f.W.J#1, Arjggtia.., , DRIVE _.,- h• 1 W ri •[sl.,f ..... ' Cv/ K yr . _, i. • •,...r., : •.. .-.sicnuizuru4 / W Q t Q W .rt •Hsw•.•' • �• cvC ° 'e {JIIAAWAUIWAWUIg •.t .•••••.•K _ 7 n� .�'c C %v, w..,,,::...004:1..„ av',t- ��fFf L1W D 00 sl �• • .�c �t��,' vas• I U W{A 0 In lit 0 D<D G / o{a!+ �'n•rr Cr n L C? Lb �- IUN U up U 1 D� ~ t k•• j .OEt••• eC �f • ti., mJQ1UlAWN�O� i • f:C . r; �. • � �•t, � J Q1bUlAAAWUIWA� r Z. I . a- .!2.. .r , u ': 1 J 7 1 1 7 O �7p� D A U[)u OOOON� NO<1 � -� -- -tea' 1,1 �to { e'0.2->' .. ---f .l, ti ib,1 i-.1, §t, ',,N i ./ . . A 0 .•4..... es, • �; U 111. 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LONDONDERRY \ ..4-e � ia�tFe�• •�f'1\ ` •r••'K"',/v� -••j 4 ; - . ; \ ...1 C. rc.., 411110.11* OIDOWD -) •,,, E • •.Cir.alrs▪ •r-c 1•• 'a. .r y.. b.• �.. ''•.•(•• � • 66 +..fid• ��',�`,'`.GI/�`y,t•'•w ,a aY% . \• �.�a• • •a' 11E�a+-tC' • • �/ 'tt J V.-'. Qo/61/0 �•L... •`� `�7,�.�.,„.,:•. ` -r•.'s 4. �r O,:••'.a.4 i •2a r.4 O • _ i Ir.ul�•••.• .. - �� !� \ .`..'9.. ,e7,..-�.�' ''�6,-, .h._. !x'1,1 I 2, k MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk RE: Boards and Commissions Annual Picnic DATE: May 8, 1990 INTRODUCTION: It is appropriate for Council to select a date for holding the Annual Boards and Commissions Picnic. BACKGROUND: On March 5, 1985, Council adopted a resolution which provides for the Council annually conducting a festivity as an expression of appreciation to members of the Boards and Commissions and their families. For the past five years the Council has hosted a picnic at Tahpah Park. Guests were also able to use the swimming pool and water slide at no cost. The picnic provides an opportunity for Councilmembers to mingle with the various members of Boards and Commissions in an informal atmosphere so that Councilmembers can personally thank them for the services they provide the community. It also provides an atmosphere for Boards and Commission members to meet one another and compare experiences which might encourage them to continue on and/or seek appointment to other Boards and Commissions with more responsibility than those they currently serve on. It is appropriate to select a date at this time for the 6th Annual Picnic for Boards and Commissions in order to give adequate notice so that people can mark their calendars before their summer evenings fill up. There is $800. 00 budgeted in 1990 for the picnic, and miscellaneous other expenses. These other expenses include cards and flowers sent by the City to persons who are in the hospital or when there is a death in the family - per the administrative policy #115. The average cost over the last three years for flowers and cards is $200. 00/yr. The cost for the Annual Boards and Commissions Picnic has been as follows for the past three (3) years: Picnic Costs 1989 - $229. 22 1988 - $192 . 58 1987 - $242 . 31 If there is a desire to plan a festivity other than the Annual Picnic, Council may wish to consider planning it for 1991 and to budget accordingly. Beginning with the second week in June through July, the following dates will not interfere with scheduled meetings: Monday Wednesday Thursday June 11th June 13th June 14th June 21st June 25th June 27th June 28th July 9th July 11th July 12th July 19th July 23rd July 25th July 26th July 30th If it is Council ' s desire to include the use of the pool and water slide again, Council should make that motion. ALTERNATIVES: 1. Select a date for the Annual Picnic. 2 . Select another festivity. 3 . Discontinue holding an annual festivity. RECOMMENDATION: Alternative No. 1, select a date for the Annual Picnic. ACTION REOUESTED: Direct staff to make plans for the Annual Boards and Commissions Picnic for , and authorize the Community Recreation Director, upon proper reservation of the swimming pool under the Community Recreation Group Rental Policy, to include free use of the pool, water slide and picnic shelter for the 1990 Boards and Commissions Picnic. If Council desires to host the Employee Annual Picnic, an identical motion would be in order inserting another date. JSC/tiv O E n v N N v = oo h ao = N a V) V) N VF¢] U'� N N Z o _ o n M o n v oo 01 Q: N N N M N N [L LL {y • .. V1 N O+ sO N so — M O sO M O n F. 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Z N as so O G RESOLUTION NO. 2375 A RESOLUTION PROVIDING FOR THE RECOGNITION OF MANY WHEREAS, through the years countless fine citizens of the City of Shakopee have performed gratitious services for the City with no expectations of compensation of any kind, and WHEREAS, these countless hours of service so generously rendered have been of great and inestimable benefit to our City and its citizens, and WHEREAS, it has long been desired by the Shakopee City Council to show the City's • gratitude to all these public spirited citizens in some visible way. THEREFORE, BE IT RESOLVED, That the Shakopee City Council in regular meeting assembled, that the Shakopee City Council each year on a date selected by it, put on a picnic, dinner or other festivity as an expression of the City's appreciation to all the public spirited citizens, who would be invited to be guests of honor of the grateful City and to take part in an afternoon or evening of merriment, conviviality and relaxation. r BE IT FURTHER RESOLVED, That the entire cost of the said festivity be born by the City and that the proper City officials be and hereby are authorized to do all things necessary and proper to make the arrangements for whatever festivities and on whatever date the Council decides. Passed in ji -_,1,60„, session of the Shakopee City Council held this \S day of 'Ali! .1 , 1985. ' -Alle2'711c-i ZAy'71)7/7•. or of the City of Snaklipe'. ATTEST: a iz,4 ei 4C . City Clerk Prepa\K...)eand approved as to form this 25t day of February, 1985. �.� Julius A. Coller, II, City Attorney For Council ' s information, only. This referred to in staff memo. ADMINISTRATIVE POLICY NO. 115 Subject : Giving Flowers , etc . Date Adopted: January 9 , 1985 Source of Authority: Department Head Staff Meetig , W 1/ 216175--- J 1 . The City will pay for and send flowers to Councilmembers , employees and their immediate families as defined in the Personnel Policy for hospitalization or death in the family. 2. All board and Commission members will receive a get-well card or the equivalent paid for by the City. No cards will be sent to board and commission members ' spouses or family members . 3. People can do things on their own, if they wish. /2 S MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: City Attorney Budget and Information DATE: May 10, 1990 INTRODUCTION: On May 1, 1990 City Council authorized the City Administrator to advertise for a full time City Attorney position. It would be appropriate at this time for Council to approve the job description for said position and amend the 1990 pay plan accordingly. BACKGROUND: In an effort to keep City Council informed of the impact of their decision to hire a City Attorney, staff has prepared the following information for Council 's review and consideration. Historical Background Jack Coller has been retained by the City of Shakopee as the City Attorney for the past 51 years. Krass and Monroe has served as the Assistant City Attorney for over 10 years. The City of Shakopee also has traditionally contracted with a bond counsel firm. In the Fall of 1988 the City of Shakopee solicited request for proposals for City Attorney services. On March 7, 1989 the City Council moved to appoint Jack Coller as the City Attorney and the firm of Krass and Monroe as the Assistant City Attorney. At that time, City Council also made a motion that these positions be reviewed in two years. In 1988 the City of Shakopee expended $111,200. 00 on legal services. In 1989 the expenditure equated to $97, 256. 00. Proposed Staffing Levels In accordance with City Council direction staff has prepared a job description for the proposed City Attorney position. Shown in attachment #2 is a memo from the Personnel Coordinator. Ms. Remer has completed a survey of other metropolitan communities who have full time City Attorneys. She has also prepared a preliminary job description and Resolution amending the 1990 Pay Plan for City Council 's review and approval. The proposed salary range for the City Attorney position is $38,800 to $51,800. The position will be a full time exempt position under the direction of the City Administrator. The position will be classified and placed on the City's pay plan. The position will receive full City benefits. + ' Y Hiring a full time City Attorney will necessitate the hiring of additional clerical support. Staff projects that the position will require a full time clerical position. However, staff is not recommending that we proceed in advertising for clerical assistance at this time. The City Attorney will be responsible for handling the majority of the City' s judicial proceedings. However, there may be occasions when it may be more appropriate for the City to hire outside legal services. For example, in the event that the City requires legal assistance regarding bond sales, it would be appropriate for us to utilize a law firm specializing in this area. The City may also have the need to utilize outside legal assistance when the work load becomes too heavy for our City Attorney to handle or for civil litigation of a major magnitude. Finally, it would be prudent to retain the services of an Associate City Attorney on an appointment basis such as we have done in the past with Krass and Monroe. This would provide the City of Shakopee with legal assistance to supplement the services of the City Attorney. Office and Equipment Needs Staff is proposing that the City Attorney' s office be located in the upstairs portion of the City Hall . The space recommended by staff is the area formerly occupied by the Chamber of Commerce. There is adequate room in this area for both a City Attorney and secretarial position. At the present time, the City does not have a network computer station available for the City Attorney or secretary. Therefore, staff would be recommending that a new computer station be acquired. The approximate cost for the computer station is $1500. 00 . The City does have extra desks and chairs available to meet the needs of the City Attorney and secretary. It would also be prudent for the City to consider acquiring a transcriber and dictaphone for the City Attorney position. This equipment greatly increases the efficiency of the department. A transcriber and dictaphone can be acquired for approximately $1500. 00. 1990/1991 Projected Budget Shown in attachment #1 is a projected budget for the remainder of 1990 and 1991 . The budget takes into consideration the information previously discussed in this memo. Staff is projecting that the City Attorney position will be filled by July 1, 1990. Staff has also used step 3 of the proposed pay plan for this position to project 1990 and 1991 expenses. Staff is also projecting that the secretarial position would be filled by September 1, 1990. Staff has also included in the budget funds for supplies, capital equipment, and professional services. The proposed 1991 budget will likely be amended during the regular 1991 budget preparation process. Budget Impact Staff's projected 1990 budget for City legal services is $102, 856. 00 . This includes the hiring of a full time City Attorney, additional clerical support as well as legal expenses incurred to date and projected legal services that will not be covered by our City Attorney. The 1991 budget includes services provided by the full time City Attorney, a full time secretarial position, an appointed Assistant City Attorney as well as other professional legal services which will be contracted out on an as needed basis. The 1990 budget includes $95, 750. 00 for legal services. The projected 1990 budget with the addition of the full time City Attorney is $7000. 00 over what is currently budgeted. Therefore, if staff ' s projected 1990 budget estimates are in fact accurate and/or perhaps under estimated, it may become necessary for City Council to process a budget amendment transferring funds from the contingency fund to offset any deficit spending within this division of the City budget later this year. Summary Unless Council would like to redirect any of the above mentioned recommendations or directions, it would be appropriate at this time to approve the job description for the City Attorney position and amend the 1990 pay plan accordingly. ALTERNATIVES: 1 . Approve the City Attorney job description and amend the 1990 pay plan accordingly. 2 . Amend the job description and/or pay plan and proceed accordingly. 3 . Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends alternative #1. ACTION REQUESTED: 1 . Move to approve the City Attorney job description. 2 . Offer Resolution #3236 A Resolution Amending Resolution #3171 , Adopting the 1990 Pay Schedule for the Officers and Non-Union Employees of the City of Shakopee and move its adoption. I 11 Attachment #1 Legal Budget Projections Actual Actual Projected Projected Object Description 1988 1989 1990 1991 Salaries FT - - 27 , 659 64 , 846 Benefits - - 8, 297 19 , 454 ** Total Personal Ser. - - 35, 956 84 , 300 Supplies - - 1000 1, 000 Legal Filing Fees - - 400 400 Motor Fuels & Oil - - 200 400 Equip. Maint. - - - 200 Professional Services 111, 200 97, 256 60, 000 20, 000 Telephone - - 200 400 Travel & Sub. - - 500 1, 000 Printing and Repro. - - 300 600 Conf. & Schools - - 300 600 Dues & Subcript. - - 1000 1, 000 ** Total Supplies/Ser. 111, 200 97, 256 63 , 900 25, 600 Capitol Equipment - - 3 , 000 1, 000 *** Total Capital Equip. - - 3 , 000 1, 000 **** Division Total 111, 200 97 , 256 102 , 856 110, 900 ATTACHMENT #2 1 y Memo To: Dennis R. Kraft, City Administrator From: Marilyn Remer, Personnel Coordinator Re: Information regarding hiring a full time City Attorney Date: May 11, 1990 Introduction Council authorized advertising for a full time City Attorney at the May 1, 1990 meeting. Background Prior to advertising, the City Administrator has requested preliminary information, i.e. job responsibilities, pay ranges, metro cities with City Attorneys on staff. In November 1988, staff solicited proposals for legal services. The services as defined in the RFP have been used to draft the attached job description. See Exhibit No. 1. Metro Cities with Legal Departments/Pay Ranges According to the 1989 Stanton Salary Survey, metro area communities having in-house legal departments are Bloomington, Coon Rapids, Minnetonka and West St. Paul . Bloomington (pop. 85, 300) legal staff: (1) City Attorney - Salary Range $52 . 8 - 79 . 2 (3) Associate Attorneys - Salary Range $31. 2-50. 4 (3) Assistant Attorneys - Salary Range $24 . 4-44 . 4 (2) Private Secretaries (1) Clerk II Coon Rapids (pop. 45, 800) legal staff: (1) City Attorney - Salary Range $45 . 0-68 . 8 (2) Assistant Attorneys - Salary Range $35. 6- 54 . 5 (1) Administrative Secretary (1) Clerk Typist (1) Code Enforcement Minnetonka (pop. 43 , 700) legal staff: (1) City Attorney - Salary $64 . 0 (1) Assistant Attorney - Salary Mean of $44 . 2 (1) Paralegal (1) Secretary West St. Paul (pop. 18 , 600) legal staff: (1) City Attorney - 89 Adjustment Pending - $51. 4 (1) Secretary The Cities of Bloomington, Coon Rapids and Minnetonka have long-established legal departments. The West St. Paul City Attorney is a special unique arrangement. The City Attorney is a distinguished senior I ;- attorney who has been West St. Paul ' s City Attorney for 25 years, along with maintaining a private practice. He also has been a State Legislator, Police Officer and Mayor. As he was nearing retirement and realized he needed several more years with PERA in order to receive PERA retirement benefits, he approached the West St. Paul City Council with the current arrangement. He is on West St. Paul ' s staff and handles all their legal services but no longer has a private practice. This agreement was effective 1-1-89 at the annual salary of $51, 395/yr. subject to a cost of living increase for 1990 which is still pending. One of the contract provisions was that he paid own part time secretary for six months. Due to Affirmative Action requirements, the city could not guarantee him hiring his secretary, so he continues to pay his own secretary, with the city contributing to this arrangement. They feel that because the City is accommodating the City Attorney, his salary is much less than what normal market rates would dictate. The 1990 Pay Plan needs to be amended to include the City Attorney classification. This is accomplished by using 110 points and a 50/50 blend of the mean salary of Stanton Jobs No. 141, City Attorney and the Additional Legal Classification between Job. 140, Attorney I & Job 141, City Attorney. This is consistent with past procedures to establish new City job classifications. A salary blend is necessary because of the limited number of comparable City Attorneys and comparable job responsibilities. The new City Attorney will complete a Comparable Worth TSP within 6-12 months after date of hire to determine appropriateness of points and classification. Resolution No. 3236 (Exhibit No. 2) amends the 1990 Pay Plan. Action Required 1. Move to approve the City Attorney Job Description. 2 . Move Resolution No. 3236, A Resolution Amending Resolution 3171, Adopting the 1990 Pay Schedule for the Officers and Non-Union Employees of the City of Shakopee. EXHIBIT NO. 1 POSITION DESCRIPTION Position: City Attorney Department: Legal Accountable To: City Administrator Primary Objective of Position To provide legal advice, services and representation to City Council, City Administrator, City Departments and divisions to assure the protection of their legal rights and interests. To act as the City' s legal representative in courts of various jurisdictions. Examples of Responsibilities 1. Attends and provides counsel at all City Council meeting, and on a request basis, other City or committee meetings. 2 . Meeting with and advising the Mayor, Council Members, City Administrator, Department Heads and designated individuals on general legal matters. 3 . Representation of the City in the acquisition of properties for public improvements, easements, parks, etc. 4 . Research and submission of legal opinions on municipal or other legal matters. 5. Providing updates on new state or federal legislation or judicial rulings which impact the City, and suggest actions or changes in operations or procedures to assure compliance. 6 . Prepares various legal documents, contracts, reports, resolutions, ordinances, memoranda, etc for City Departments, Boards and Commission in an effective and timely manner. 7 . Prosecutes gross misdemeanors, misdemeanors and traffic violations in District Court; includes legal research, preparation of briefs, memoranda, negotiations, plea bargaining, motions, conducts jury trials, court trials, etc. 8 . Defend the City in all litigation, except in those cases where insurance companies are required to provide defense, including but not limited to: (1) Human Rights claims; (2) Zoning, permits, administrative actions; (3) labor matters. 9 . Drafting complaints, representing the City at Court appearances, including pretrial conferences, court and jury trials. l 10. Prepare and litigate lessor civil cases including hazardous building cases. 11. Receives, screens and answers various citizen inquiries and complaints in a tactful and timely manner. 12 . Performs other duties and responsibilities as apparent or assigned. Knowledge, Skills & Abilities Extensive knowledge of statutes, rules and regulations relating to municipal government. Familiarity and working relationship with land use law and practices. Thorough knowledge of the City' s operations, policies and procedures. Awareness and understanding and implementation of new legal trends, court cases and procedures. Ability to communicate with the general public in an effective, tactful and courteous manner. Minimum Qualifications Graduate from an accredited college of law. Current license to practice law in the State of Minnesota Two-four years as a practicing attorney. General knowledge of municipal government. Ability to communicate effectively both orally and in writing. Ability to try both civil and criminal cases in the Minnesota courts in an effective manner. Desirable Qualifications Experience in state or local government. EXHIBIT NO. 2 I � RESOLUTION NO. 3236 A RESOLUTION AMENDING RESOLUTION NO. 3171, ADOPTING THE 1990 PAY SCHEDULE FOR THE OFFICERS AND NON-UNION EMPLOYEES OF THE CITY OF SHAKOPEE WHEREAS, Resolution No. 3171 was adopted by the City to clearly define 1990 job classifications and pay ranges for the officers and non-union employees of the City of Shakopee; and WHEREAS, it is necessary to amend the Pay Plan to include the new classification and pay ranges of City Attorney. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OS SHAKOPEE, MINNESOTA, that the 1990 Pay Plan Schedule for the Officers and Non-Union Employees of the City of Shakopee is hereby amended to read as attached. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of May, 1990 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of May , 1990. City Attorney CITY OF SHAKOPEE 11-May-90 Print Revised 1990 Pay Plan Step Step Step Step Step Step #1-Start #2-1Yr #3-2Yr #4-3Yr #5-4Yr #6 (Top) JOB TITLE OVT 75% 80% 85% 90% 95% 100% City Admininstrator E 44,749 47,733 50,716 53,699 56,682 59,666 City Attorney E 38,834 41,423 44,012 46,601 49,190 51,779 Finance Director E 37,615 40,123 42,630 45,138 47,646 50,153 Police Chief E 39,364 41,988 44,612 47,236 49,861 52,485 Comm. Recreation Dir E 31,358 37,165 39,488 41,810 44,133 46,456 Public Works Dir. E 38,258 40,809 43,359 45,910 48,461 51,011 City Planner E 28,833 30,755 32,677 34,600 36,522 38,444 Dep Chief E 33,110 35,318 37,525 39,732 41,940 44,147 Supervisor PW E 30,824 32,879 34,934 36,989 39,044 41,099 Building Official E 30,944 33,007 35,070 37,133 39,196 41,258 MIS Coordinator E 27,104 28,911 30,718 32,525 34,331 36,138 Program Supervisor E 25,975 27,707 29,438 31,170 32,902 34,633 Assistant City Admin. E 30,535 32,571 34,607 36,642 38,678 40,714 City Clerk E 27,245 29,061 30,878 32,694 34,510 36,327 Step Step Step Step #1-Start #2-1Yr #3-2Yr #4 (Top) 75% 80% 90% 100% Eng. Coordinator 26,427 28,189 31,713 35,236 Ass't Bldg Inspect 25,405 27,098 30,486 33,873 Housing Inspector 25,405 27,098 30,486 33,873 Ass't. City Planner 24,552 26,189 29,462 32,736 Sr.Act.Clk/Prsnl.Cord. 25,927 27,655 31,112 34,569 Tech III 22,783 24,301 27,339 30,377 Tech II 20,250 21,600 24,300 27,000 Secretary 18,104 19,310 21,724 24,138 Acct'g Clerk 16,788 17,907 20,146 22,384 Clerk/Typist II 16,830 17,952 20,196 22,440 Clerk/Typist I 15,313 16,334 18,375 20,417 Receptionist 14,633 15,609 17,560 19,511 Custodians 14,382 15,341 17,259 19,176 1Z � Footnotes: A) The City has adopted the use of bench marks where they exist. Positions not on bench marks use the points achieved on the Control Data TSP's. B) Market for 1989 is defined as Stanton Group 5 averages. C) MIS Coordinator market is Stanton Job #115, Systems Analyst, which most closely matches job duties. Note: This is first year MIS has a comparable Stanton market. D) Sr. Actg. Clerk/Personnel Coordinator is average of 50X Sr. Clerk, 25% Adm. Ass't. and 25X Personnel Dir. E) PW Supervisor is 50% Maint. Supervisor & 50% Superintendent F) The 51X/49X blend of points versus market is used to meet requirement of law that points carry more weight than market. G) The dollar value per point is assigned based on the Finance Director. This was the best fit across the pay ranges that existed in the 1986 pay plan and that position was most consistent between the Stanton metro and Group 5 and the 1986 pay plan. The adjustment for 1989>90 is 3.4X based on average Stanton increase for 1989. A) The 2% adjustment is to reduce market due to increased City contribution to health and life package. I) Park Leadman market data is 20/80 blend of market for Foreman and Parkkeeper. Street Foreman market is 50/50 blend of foreman and HEO. J) Juvenile Officer's points are close to Detective rather than to Officer, therefore the market for Detective is used. There is no Stanton position for Juvenile Officer K) The range of error for 1989 is 5%. Any pay within 5% of the pay plan is considered accurate and will not have an adjustment made. Plan evolution over the next couple of years will be studied with the goal of steadily reducing the range of error. L) There is no true bench mark for Admin. Ass't. but the CDC study indicated a range of 80 to 85 points as being comparable to a bench mark. M) "E" indicates position exempt from overtime. N) City Attorney is 50% mean of Additional Legal Classifications Between Attorney I (No. 140) & City Attorney (NO. 141) and 50X mean City Attorney Classification # 1041 MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk. RE: Request by Shakopee VFW DATE: May 11, 1990 INTRODUCTION AND BACKGROUND: The Cooties, a part of the VFW, are planning a camp over in August. The Cooties and their families will be staying at Jellystone Park in Shakopee. They would like to have a wiener roast and a keg of beer at the parking lot of their new site on East 3rd Avenue and Marschall Road. The beer would be served by members of the VFW to the Cooties and their families, only. Liquor and beer licenses are limited to the enclosed buildings listed on the applications. In order to have a keg of beer outside of the licenses premises, Council must grant permission. Also, the area where the beer will be served must be in an enclosed area - either fenced off or within a tent. The VfW is looking into setting up a tent for this occasion, and the consumption of the beer would be limited to individuals within the tent. The VFW has a buyer for their facility at 132 East 1st Avenue and the sale is expected to close around June 15th. If this occurs, the VFW will be out of business until their new facility is completed. This is expected to be sometime in August. The VFW' s existing license will expire on July 1st, if not surrendered prior to that time because of a new owner. The renewal of their license, which will be for the new site, will be considered by Council on June 19th. Council approval of the renewal will direct staff not to deliver the license until the new facility is completed. It may not be completed until mid August. The City Attorney has advised me that staff may deliver the license to the VFW for the one day occasion, if Council desires to permit the license to be extended for one day to include the area within the parking lot occupied by a tent. This action can be taken by Council on June 19th, when the license renewals are considered. In order to begin making plans for this event, the VFW would like some indication from Council whether or not they would permit the serving of beer to the Cooties and their families, within the tent to be erected on their parking lot at 3rd and Marschall Road, on August 4 , 1990. ALTERNATIVES: 1] Indicate approval 2] Deny request 11%/t Request by Shakopee VFW May 11, 1990 Page -2- RECOMMENDATION: Staff recommends Alternative No. 1, indicate approval of the request. Since no license exists at this location at this time, actual approval will have to be delayed until the June 19th Council meeting when license renewals are approved. ACTION RECOMMENDED: Move to advise the Shakopee VFW that it is Council ' s intent to approve their request to expand their Club license to include that part of the parking lot located at East 3rd Avenue and Marschall Road, occupied by a tent, for August 4th, 1990, at such time when their 1990-1991 Club Liquor License is approved. MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: Lewis Street Reconstruction Project Project No. 1990-5 DATE: May 9 , 1990 INTRODUCTION: Attached is Resolution No. 3234 , A Resolution Accepting Bids and Awarding the Contract for the Lewis Street Reconstruction Project, Project No. 1990-5. BACKGROUND: On April 3 , 1990, the City of Council of Shakopee ordered the advertisement for bids for the Lewis Street Reconstruction Project. This project consists of total reconstruction of Lewis Street from 4th Avenue to 10th Avenue including Sommerville Street between Shakopee Avenue and 10th Avenue. On May 8, 1990 at 10: 00 A.M. bids were received and publicly opened for this project. A total of five bids were received and are tabulated in the attached Resolution. The low bidder was S.M. Hentges & Sons of Shakopee, MN with a total base bid of $482 , 259 . 20. The Engineering Department has reviewed all bids for completeness and also the qualifications of S.M. Hentges & Sons, Inc. , the low bidder, and have determined that they are able to perform the work as described by the plans and specifications. The Engineer' s estimate for this project as listed in the feasibility report is approximately $481, 000. 00 not including any watermain installation. The watermain portion of the low bid was bid at $77 , 000. 00. In conformance with the current City of Shakopee' s Change Order Policy, staff is also requesting that the City Council authorize a contingency amount equal to 10% of the project cost for use by the project administrator to cover any change orders or final quantity pay items. The 10% contingency is equal to $48, 225. 00. The Change Order Policy authorizes the project administrator (City Engineer) to approve of all change orders up to that amount with the City Administrator' s concurrence. Attached is Resolution No. 3234 which accepts the bid on this project and awards the contract. ALTERNATIVES: 1. Accept the low bid and adopt Resolution No. 3234, awarding the contract to S.M. Hentges & Sons, Inc. 2 . Reject the low bid and award the contract to the second low bidder or another bidder. 3 . Reject all bids and rebid. RECOMMENDATION: Staff recommends Alternative No. 1, to accept low bid and award the contract to S.M. Hentges & Sons, Inc. of Shakopee, MN. ACTION REQUESTED: 1. Offer Resolution No. 3234 , A Resolution Accepting Bids on Lewis Street Reconstruction Project No. 1990-5 and move its adoption. 2 . Approve of a contingency in the amount of 10% for use by the project administrator in authorizing change orders or final quantity amounts on this project. DH/pmp MEM3234 RESOLUTION NO. 3234 A Resolution Accepting Bid On Lewis Street, Between 4th Avenue and 10th Avenue Sommerville Street, Between Shakopee Avenue and 10th Avenue Project No. 1990-5 WHEREAS, pursuant to an advertisement for bids for the Lewis Street Reconstruction Project, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: S.M. Hentges & Sons $482, 259 . 20 Hardrives, Inc. $523 , 017 . 70 Brown & Cris $540, 023 . 50 Barbarossa & Sons $587, 545 . 00 F. F. Jedlicki $604, 118 . 00 AND WHEREAS, it appears that S.M. Hentges & Sons, Inc. , P.O. Box 212 , Shakopee, MN 55379 is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAROPEE, MINNESOTA: 1. The Mayor and City Clerk are hereby authorized and directed to enter into a contract with S.M. Hentges & Sons, Inc. , in the name of the City of Shakopee for the improvement of Lewis Street Reconstruction by Pavement, Curb & Gutter, Sidewalk, Storm Sewer, Sanitary Sewer, Watermain and other Incidentals, according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. 2 . The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 19 Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 19 City Attorney 1 f3 JO MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, City Enginee6i0alifti SUBJECT: Killarney Hills, Project No. 1989-7 DATE: May 9, 1990 INTRODUCTION: Attached is Resolution No. 3235, A Resolution Accepting Bids and Awarding the Contract for Killarney Hills, Project No. 1989-7 . BACKGROUND: On April 3 , 1990 the City Council ordered the advertisement for bids for the Killarney Hills Project. This project consists of paving Tyrone Drive and Sharon Parkway. On May 8 , 1990 at 10: 00 A.M. bids were received and publicly opened for this project. A total of eight bids were received and are summarized in the attached Resolution. The low bid was submitted by GMH Asphalt of Minnetonka, MN for a total bid of $99, 251. 50. The Engineering Department has reviewed all bids for completeness and also the qualifications of GMH Asphalt, the low bidder, and have determined that they are able to perform the work as described by the plans and specifications. The Engineer' s estimate was approximately $112 , 000 . 00. In conformance with the current City of Shakopee' s Change Order Policy, staff is also requesting that the City Council authorize a contingency amount equal to 15% of the project costs for use by the project administrator to cover any change orders or quantity adjustments. A contingency amount of 15% of the bid is equal to $14 , 900. 00. The current Change Order Policy authorizes the project administrator (City Engineer) to approve of all change orders up to the contingency amount with City Administrator' s concurrence. Attached is Resolution No. 3235 which accepts bids on this project and awards the contract. ALTERNATIVES: 1. Accept the low bid and adopt Resolution No. 3235, awarding the contract to GMH Asphalt Corporation. 2 . Reject the low bid and award the bid to the second low bidder or another bidder. 3 . Reject all bids and rebid. RECOMMENDATION: Staff recommends Alternative No. 1, to accept low bid and award the contract to GMH Asphalt Corporation of Minnetonka, MN for a total amount of $99 , 251. 50. ACTION REQUESTED: 1. Offer Resolution No. 3235, A Resolution Accepting Bids on Killarney Hills, Project No. 1989-7 and move its adoption. 2 . Approve of a contingency in the amount of 15% for use by the contract administrator in authorizing change orders on this project. DH/pmp MEM 3235 3 RESOLUTION NO. 3235 A Resolution Accepting Bid On All Roadways Within Killarney Hills Addition (Sharon Parkway and Tyrone Drive) Project No. 1989-7 WHEREAS, pursuant to an advertisement for bids for the Killarney Hills Addition (Sharon Parkway and Tyrone Drive) bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: GMH Asphalt Corp. $ 99, 251. 50 Hardrives, Inc. $100, 775 . 00 Valley Paving $105, 230. 10 NW Asphalt $106, 163 . 00 Alexander Const. $108 , 752 . 00 Alber Const. $108 , 850. 00 S .M. Hentges & Sons $109 ,234 . 00 Wm. Mueller $126, 731. 00 AND WHEREAS, it appears that GMH Asphalt Corp. , 17018 Saddlewood Trail, Minnetonka, MN 55343 is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. The Mayor and City Clerk are hereby authorized and directed to enter into a contract with GMH Asphalt Corporation, in the name of the City of Shakopee for the improvement of Killarney Hills Addition (Sharon Parkway and Tyrone Drive) by Pavement, Curb & Gutter and Storm Sewer, according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. 2 . The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 19 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form this day of , 19 . City Attorney