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HomeMy WebLinkAbout07/17/1990 MEMO TO: Honorable Mayor and City Council FROM: Dennis R. Kraft, City Administrator RE: Non-Agenda Informational Items DATE: July 13 , 1990 1 . Attached is the Revenue and Expenditure Report as of June 30 , 1990. 2 . Attached is the Program Costs by Department Report as of July 5, 1990. 3 . Attached are the June 7 , 1990 minutes of the Planning Commission and Board of Adjustment & Appeals. 4 . Attached are the July 12 , 1990 agendas for the Planning Commission and Board of Adjustment & Appeals. 5 . The Shakopee Fire Department Relief Association By-Laws are not on the July 17th agenda. The Finance Director has been on vacation since the last Council meeting; therefore, he has not been able to do the follow up requested by Council on the by- laws. The by-laws will be put on an August agenda. 6 . Pursuant to direction from the HRA, an appraisal for Lots 8 , 9 & 10, Block 7 , West of the hi-rise was ordered and should be completed by July 27th. 7 . Attached is the Building Activity Report for June. 8 . The Lions Club of Shakopee has applied for renewal of their gambling license. They meet the requirements of the City Code. 9 . Attached is the police report on Jerry Carlson. You will recall that the Police Chief had given a verbal okay for his liquor licenses. 10. Attached is a letter to Cole VanHorn thanking him for submitting an application for the CDC and advising that it will be kept on file for future openings. 11. Attached are unofficial notes of the July 10th worksession -- for informational purposes! 12 . The 3 . 2 beer and wine licenses for Combined Ventures, Inc. (dba Something Italian) were tabled on June 19th because they were not in order. The licensee was advised that his licenses expired on June 30th and that he should cease selling beer and wine at that time. His applications are still not in order. Staff is not putting the applications on the July 17th agenda. When not removed from the table, they will simply die. If and when applications are submitted correctly, they will then be put on the agenda as new buiness. - - Judy Cox. 13 . Attached is a memo from the Chief of Police advising of an over budget expenditure as a result of upgrading the telephone system -- a state mandate! 14 . Attached is the Police Newsletter for Council review. 15. The membership dues for the League of Minnesota Cities are due for the year beginning September 1, 1990. The dues have increased this year to $5168 , but the amount budgeted for these dues was only $4700 . 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PLANNING COMMISSION SHAKOPEE, MINNESOTA REGULAR SESSION June 7, 1990 MEMBERS OF PLANNING COMMISSION: Allen, Christensen, Joos, Kahleck, Rockne, Spurrier MEMBERS PRESENT: Joos , Kahleck, Rockne , Spurrier, Christensen MEMBERS ABSENT: Allen OTHERS PRESENT: Lindberg Ekola - City Planner, Sharon Storholm - Recording Secretary I . ROLL CALL Chairperson Kahleck called the meeting to order at 7 : 37 and roll call was taken as noted above. II. APPROVAL OF AGENDA Kahleck suggested the addition of item 9a, Comments to City Council and 9b, selection of vice-chairperson for Planning Commission. III. APPROVAL OF MAY 3 MINUTES Rockne noted that on page 5, item 8 it should be changed to read: Trailer storage shall only be allowed for those trailers that are used on a continual basis. Permanent storage of any kind shall not be allowed on site. Rockne explained that this pertained to packing containers or any type of permanent storage. Minutes passed as amended. IV. CONSIDERATION OF APPROVAL OF THE PRELIMINARY AND FINAL PLAT OF VALLEY PARK 9TH ADDITION Ekola noted that there was a copy of the plat on the board and the plat was included in the packet. Ekola went on to explain the background of the application: Valley Industrial Realty has submitted an application for the preliminary and final plat of Valley Park Ninth Addition. The proposed plat, a one lot subdivision, is the site for the new Minutes of the Page - 2 Shakopee Planning Commission June 7, 1990 FMG-Tsumura Facility. The lot contains 29 . 5 acres and is zoned I-2 . The lot being created by this subdivision plat was previously divided by Registered Land Survey No. 134 as Tract A. The same property lines from Tract A are being used for the lot. City Council adopted Resolution 3173 which allowed building permits to be released for construction of the FMG Facility prior to the subdivision platting process. The streets, Valley Park Drive and 12th Avenue are roadway easements dedicated as a part of the Registered Land Survey process. A 20 foot drainage and utility easement adjacent to the entire perimeter of the lot is being dedicated to the public with this plat. Shakopee Public Utilities Commission advises for the record that a looping agreement for the water system will be required prior to the construction of the water main in the future roadway north of this lot. City water service is available to the FMG facility. The special assessments for the lots were apportioned after the Registered Land Survey was recorded. The special assessments on this parcel amount to $25, 555. 86. The park dedication fee will be paid in the building permit process. The fee calculates to $44 , 250. 00 and will be paid for by the developer. Ekola suggested two conditions be included in the approval of the plat: 1. Approval of a title opinion by the City Attorney. 2 . Street lighting to be installed as determined by the Utilities Manager. Spurrier asked if plans for public facilities had been submitted, such as sewer plans and drainage plans. Ekola replied that in the building permit review process by City staff the issues facing public facilities have generally been addressed. Spurrier asked about grading plans. Ekola said that the plans were submitted and approved by the City Engineer in the review of construction plans for the FMG facility. Rockne asked if access to the property had been designated. 3 Minutes of the Page - 3 Shakopee Planning Commission June 7, 1990 Ekola answered that the necessary roadway easements had already been dedicated to the City. He noted that the heavy line on the plat indicated the boundary of the plat. Jon Albinson, of Valley Industrial Realty, came forward and asked about the second condition that Ekola had suggested. Ekola explained that he was suggesting that street lights be installed as determined by the Utilities Manager. Lou VanHout, Shakopee Public Utilities Manger, came forward and said that in most cases, including this one, there was no dispute. Street lighting requirements are being re-evaluated by the City. Because of the road on the east side and 13th Avenue, there may be a separate part of the Industrial Park. VanHout suggested that it may be a good idea to put language into this approval to require better lighting. Up to this point, VanHout has used normal City practice as standard to lighting. Albinson asked if the condition on lighting was flexible as far as timing. He will be bringing a plat in later for a nearby property and would like to do all of it at the same time. He would like to install lights of quality and appeal. Ekola felt that this could be worked out. Rockne felt that this Commission should not get involved in what type of lighting should be used. Christensen agreed with Rockne, but wanted to commend Albinson for being concerned about the aesthetics of the area. Spurrier noted that normally the Commission received both a preliminary and final plat. Only the final plat had been received in this case. He objected to not being able to review the preliminary plat. Albinson said that the grading and drainage design had been approved through the building permit process. Spurrier agreed that there is nothing for the Commission to approve technically, but he felt they needed to see the preliminary plat. Albinson said that this plat had City water and sewer. Storm drainage calculations were submitted and reviewed by engineering. Ekola said that the City Engineering Department staff reviewed the grading and drainage plans and approved them. Minutes of the Page - 4 Shakopee Planning Commission June 7, 1990 Kahleck closed the public hearing. MOTION: Rockne moved that the Commission accept Staff recommendations as follows: Staff recommends approval of the preliminary and final plat of Valley Park Ninth Addition subject to the following conditions: 1. Approval of a title opinion by the City Attorney. 2 . Street lights to be installed as determined by the Utilities Manager. Christensen seconded the motion and it passed unanimously. Rockne noted that procedures sometimes leave this Commission in an awkward state. Ekola said that this project went under the fast tracking process - a review process new to the City of Shakopee. Staff is working to clarify the process. Spurrier felt that the survey information needed for the typical preliminary plat should have been included in the packet. The preliminary plat is the only opportunity the Commission has to create conditions. Ekola noted that Staff will provide this information in the future. V. DISCUSSION OF FENCES IN RESIDENTIAL AREAS Ekola noted that Councilwoman Vierling had received a telephone call from Mr. Ron Solseth concerning fences in residential areas. Mr. Solseth owns a single family detached house at 1137 Limestone Drive. The lots in the residential neighborhood are zoned R-2 . Mr. Solseth' s neighbor is proposing to build a fence up to the side property line between the two properties. The concerns raise by Mr. Solseth include maintenance of the fence and adjacent yard, especially around the posts. He also is concerned about the appearance of the fence toward his property. He suggested a one to three foot setback for fences between residential properties. Mr. Solseth would like to discuss these concerns on fences with the Planning Commission. Minutes of the Page - 5 Shakopee Planning Commission June 7, 1990 Mr. Solseth had requested that the discussion be tabled until next month' s meeting, since he was unable to be present. Christensen reviewed the information included with the memo. She noted Section 11. 60, subdivision 1, referring to exterior storage. She felt that consideration needed to be given to just what can and cannot be stored on property. It is important that property look pleasing and neat. Kahleck noted to Christensen that there is a tickler file for things that should be gone over before the Comprehensive Plan is finalized. Christensen noted Section 11. 60, subdivision 3 on screening. She cited the sentence regarding off street parking of more than four stalls requiring screening. This has not been the case in many areas in the City, she said, and noted some examples. Ekola said that the Comprehensive Plan provides general direction for the physical development of the City. The updating of the ordinance is important in the implementation of the Comprehensive Plan. In reference to administration and enforcement, the number of staff persons is limited. Additional staff costs additional dollars. New construction is easier to control as opposed to existing developments which are more difficult. The City has hired a code enforcement officer on a part time basis. This person will be responsible for efficient ordinance enforcement. He said he would include Christensen' s concern in the Comprehensive Code update. Spurrier felt that to review the entire screening ordinance would be very time consuming. Since this matter primarily concerns fences, an architectural control of fence construction needed to be pinpointed. Christensen said she would like to have the Planning Commission look at these issues. The concerns can be indicated to Staff, who can make recommendations. Then decisions can be made. MOTION: Rockne moved that the discussion on fences in the residential areas be continued until the next meeting. Spurrier seconded the motion and it passed unanimously. VI. ZONING ORDINANCE AMENDMENT, LANDSCAPE REQUIREMENTS FOR COMPLEX CENTER, SHAKOPEE TOWN SQUARE Ekola explained the background on the ordinance amendment as follows: Minutes of the Page - 6 Shakopee Planning Commission June 7, 1990 At it' s May 3 , 1990 meeting the Board of Adjustments and Appeals directed staff to take the necessary steps to amend the landscape requirements for commercial/retail complex centers. The public hearing for this ordinance amendment will take place at the July Planning Commission meeting. This memo is for discussion purposes. The current landscape requirements are listed in Section 11. 60, Subd. 7-B of the Zoning Ordinance. The ordinance states, "A minimum of one major deciduous tree shall be planted and maintained every 50 feet along public boulevards" . The City code also defines complex centers as a building in which two or more businesses are sharing the same principal space. With the recent redevelopment of the Shakopee Town Square the need for an amendment to the landscape regulations in the Zoning Ordinance was identified. As a major commercial/retail facility sited along a major highway, view corridors to the mall from the road were determined to be appropriate by the Board of Adjustments and Appeals. A net floor area of 100, 000 square feet was also identified as a minimum in defining a commercial/retail complex center. Further discussion by the Board indicated a preference to fine tune the Zoning Ordinance rather than grant variances with respect to the landscape requirements. With amending the ordinance the intent is not to reduce the number of trees required but to allow flexibility in locating trees into clusters. Clustering of trees can allow for view corridors to be created. A landscape plan would need to be submitted to illustrate the proposed clustering. Rockne questioned if staff decisions made on the review of the landscaping plans could be appealed. Ekola answered that decisions made by staff are appealable to the Council . Spurrier said he liked the process which included staff review, but felt there should be some guidelines from minimum plant materials. Joos agreed with staff on the recommendation. Ekola said that the number of trees required by the ordinance would not be reduced. The proposed amendment allows flexibility for the developer of a major retail facility in locating the trees. I Minutes of the Page - 7 Shakopee Planning Commission June 7 , 1990 VII. COMPREHENSIVE PLAN WORKSHOP The minutes from the Comprehensive Plan Workshop meeting held on May 24 were included in the packet. Ekola stated that staff is not prepared to make a presentation at this time. He suggested a meeting June 13 or 14 . Kahleck said the meeting should be for discussion on comments from department heads and also Ekola ' s response to the discussion that evening. Ekola suggested three meetings: June 13 or 14 Meeting with Planning Commission and City Council Next Planning Commission meeting in July The Commission decided to meet on June 28th. The next Planning Commission meeting will be held on July 12th. Kahleck asked Ekola to schedule a meeting for City Council and Planning Commission in July. VIII CITY CODE AMENDMENT PROCESS AND FORM Ekola called the Commission' s attention to the form included in the packet titled Code Revision Form. He explained that this form can be used to record problems with the current ordinances. He added that he will record Christensen' s concern. IX. OTHER BUSINESS A. COMMENTS TO CITY COUNCIL Kahleck explained that she had gone to the City Council meeting Tuesday night. She had spoken of three things: 1. Make-up of the Planning Commission: She was concerned that the mix of personalities on the Commission in that it may not be well balanced enough. 2 . Attendance: Kahleck noted that attendance has been a real concern. There has been full attendance at only one meeting. When members reapply, their attendance record should be considered. City policy states that if three meetings are missed, the Commissioner should not be serving on the Commission. The Planning Commission does a lot of Minutes of the Page - 8 Shakopee Planning Commission June 7, 1990 important things - attendance needs to be regular. 3 . Appeals of decisions: Appeals are usually granted by the Council . Commissioners may wonder why they are considering some issues. She suggested a joint meeting between Planning Commission and Council. Two items that needed to be discussed are: What are the Council ' s goals and ideas? What does the Council see the Commission doing as far as duties and decisions? Christensen said she was surprised that Kahleck felt the Commission was not tough enough. She said she was amazed at the professionalism of her colleagues. Kahleck agreed that the Commission is a very thoughtful group, but usually on most Boards and Committees, one member offers the other side of the issue under discussion. Christensen said she feels that this Commission offers the "other side" in it' s discussions. Each commissioner has his/her own concerns. Joos said he agreed with Christensen. He felt that people understand that their requests are considered, even though they may be turned down. Rockne said he felt only occasionally the decisions were overridden by the Council. Kahleck noted that some council persons feel they do not have the same criteria as the commission members. X. ADJOURNMENT Meeting adjourned at 8 : 45 P.M. 3. BOARD OF ADJUSTMENTS AND APPEALS SHAKOPEE, MINNESOTA REGULAR SESSION June 7, 1990 MEMBERS OF THE BOARD OF APPEALS: Allen, Christensen, Joos, Kahleck, Rockne, Spurrier MEMBERS PRESENT: Joos, Kahleck, Rockne, Spurrier, Christensen* MEMBERS ABSENT: Allen OTHERS PRESENT: Lindberg Ekola - City Planner, Sharon Storholm - Recording Sec. I . ROLL CALL Chairperson Kahleck called the meeting to order at 7 : 32 . Roll call taken as noted above. II . APPROVAL OF AGENDA Kahleck suggested that item be added before Other Business to select a vice-chair to replace Foudray. III. APPROVAL OF MAY 3 MEETING MINUTES Minutes were approved as submitted. IV. RECOGNITION BY BOARD OF ADJUSTMENTS AND APPEALS OF INTERESTED CITIZENS Chairperson Kahleck spoke to those citizens in attendance and reminded them that they were welcome to present their ideas on matters before the Board of Appeals and Adjustments at the appropriate times. V. SELECTION OF VICE-CHAIRPERSON FOR BOARD OF APPEALS AND ADJUSTMENTS Joos nominated Rockne for the position. Rockne accepted the nomination. MOTION: Spurrier moved that nominations be closed for the position and that there be a unanimous vote for Rockne. Motion passed unanimously. VI . OTHER BUSINESS None VII . ADJOURNMENT Meeting adjourned at 7 : 36 P.M. TENTATIVE AGENDA BOARD OF ADJUSTMENTS AND APPEALS Regular Session Shakopee, MN July 12 , 1990 Chairperson Melanie Kahleck Presiding 1. Roll Call at 7 : 30 P.M. 2 . Approval of Agenda 3 . Approval of June 7 , 1990 Meeting Minutes 4 . Recognition by Board of Adjustments and Appeals of Interested Citizens. 5. Adjourn Lindberg S. Ekola City Planner NOTE TO THE B.O.A.A. MEMBERS: 1. If you have any questions or need additional information on any of the above items, please call Lindberg or Aggie on the Monday or Tuesday prior to the meeting. 2 . If you are unable to attend the meeting, please call the Planning Department prior to the meeting. TENTATIVE AGENDA PLANNING COMMISSION Regular Session Shakopee, MN July 12 , 1990 Chairperson Melanie Kahleck Presiding 1. Roll Call at 7 : 30 P.M. 2 . Approval of Agenda 3 . Approval of June 7 , 1990 Meeting Minutes 4 . Recognition by Planning Commisssion of Interested Citizens. 5. 7 : 40 P.M. Public Hearing: Zoning Ordinance Amendment on Landscape Requirements for Commercial/Retail Complex Centers. Action: Recommendation to City Council 6. 7 : 45 P.M. Public Hearing: Conditional Use Permit to consider a request for a Condition Use Permit to allow retail sales. Applicant: Fragrance Marketing Group (FMG) Action: Conditional Use Permit #594 7 . 7 : 55 P.M. Review of Overhead Electric Lines: To consider allowing electric overhead lines to serve the Northstar Auto Auction site. Applicant: Lou VanHout - SPUC Action: Recommendation to City Council 8 . Discussion: Fences in Residential Areas 9 . Discussion: Comprehensive Plan Workshop (Verbal) 10 . Discussion: Street Lighting Policy 11. Discussion: Proposed Agenda for the Planning Commission/City Council Joint Workshop 12 . Other Business a. Scott County Lumber b. City of Shakopee Boards and Commissions Picnic c. Theatre Invitation d. Non-Agenda Information Items Lindberg S. Ekola City Planner NOTE TO PLANNING MEMBERS: 1. If you have any questions or need additional information on any of the above items, please call Lindberg or Aggie on the Monday or Tuesday prior to the meeting. 2 . If you are unable to attend the meeting, please call the Planning Department prior to the meeting. Ak (7 CITY OF SHAKOPEE BUILDING ACTIVITY REPORT June, 1990 PERMITS ISSUED Yr. to Date Previous Year Number Number Valuation Number Valuation No. YTD. Single Fam-Sewered 9 44 2 , 780, 900 9 42 2 , 936 , 950 Single Fam-Septic - 7 869 , 600 3 332 , 000 - Multiple Dwellings - - - 2 222 , 000 (# Units) (YTD Units) (-) (-) - (6) (6) - Dwelling Additions 16 33 78, 116 15 44 213 , 991 Other 6 13 114 , 110 2 7 163 , 590 New Comm. Bldgs 1 2 370, 000 1 3 812 , 700 Comm. Bldg. Addns. 1 4 1,741, 000 - - -- New Industrial-Sewered - 1 11, 972 , 000 - Ind. Sewered Addns. - 1 462 , 800 1 1 5, 760 New Industrial-Septic - - - - - - Ind. Septic Addns. - - - - Accessory/Garages 2 16 100, 304 4 17 101, 565 Signs & Fences 11 44 42 , 795 14 43 46, 031 Fireplaces/Wood Stoves 4 6 14 , 155 1 3 5, 400 Grading/Foundation 2 3 94 , 000 3 10 1, 406, 720 Remodeling (Res. ) 4 14 76, 800 4 14 76, 790 Remodeling (Inst. ) - - - - Remodeling (Comm/Ind. ) 2 17 433 , 050 2 24 1, 595, 669 TOTAL TAXABLE 58 205 19 , 149 , 630 56 213 7 ,919 , 166 TOTAL INSTITUTIONAL - - - - GRAND TOTAL 58 205 19 , 149 , 630 56 213 7 , 919 , 166 No. YTD. No. YTD. Variances - 2 2 Conditional Use - 2 1 10 Rezoning - - _ 1 Moving - - Electric 30 148 28 147 Plumbing & Heating 49 200 44 183 Razing Permits - - Residential 1 1 - Comm./Ind./Inst. 1 1 - Total dwelling units in City after completion of all construction permitted to date 4 , 430 Jeanette Shaner Building Department Secretary CITY OF SHAKOPEE BUILDING PERMITS ISSUED IN JUNE, 1990 8640 Novak Fleck 1172 Vierling Ct. House $ 66, 900 L 7 B 1 Meadows 2nd 8641 Novak Fleck 706 11th Avenue Remodel 5, 000 8642 David Yarusso 1203 E. 4th Avenue Comm. 290, 000 8643 Clete Link 1266 12th Avenue Fireplace 4 , 000 8644 Gardner Bros. 1270 Sapphire Lane House 56, 900 L 24 B 2 Heritage Place 2nd 8645 Novak Fleck 1317 Pondview Court House 63 , 000 L 3 B 2 Meadows 3rd 8646 Michael Hentges 1042 Dakota Street Patio 1, 000 8647 Bruce Brown 8730 McGuire Court Porch 2 , 160 8648 Gregory Tuttle 727 Shumway Deck 1, 505 8649 Shirley Hejhal 1043 Eastview Circle Fence 940 8650 Novak Fleck 1225 Minnesota Street Remodel 5, 000 8651 Peter Sames 812 Holmes Patio 250 8652 Paul Laxen 2501 Emerald Lane Deck 825 8653 Mpls. Northstar Auto 4908 Valley Ind. Blvd. Footing 26, 400 8654 Mpls. Northstar Auto 4908 Valley Ind. Blvd. Footing 39, 600 8655 Pouliot Designs 4700 Valley Ind. Blvd. Sign 250 8656 Pizza n ' Pasta 584 S. Marschall Road Sign 250 8656 J. I. Case Company 6340 Hwy 101 Comm. 95, 000 8657 Novak Fleck 1307 Minnesota Street House 63 , 000 L 2 & 3 B 2 Meadows 4th 8658 Novak Fleck 1303 Minnesota Street House 60, 000 L 1 B 2 Meadows 4th 8659 Wickenhauser Excavating Old Womens Prison Demo 65, 510 8660 Arlen Hoen 1531 E. Shakopee Ave. Deck 1, 920 f 8660 Roger Peterson 3251 Hwy 101 Tank Removal 1, 000 8661 Jerry Lewis 848 S. Market Deck 1, 600 8662 Daniel Guenther 2121 Heritage Drive Deck 1, 400 8663 Novak Fleck 1228 Clover Court House 68 , 000 L 15 B 1 Meadows 4th 8664 VFW 1202 East 3rd Comm. 7 , 200 8665 Viereck Fireplace 1222 Polk Street Fireplace 1, 500 8666 Koskovich Putt Away 1251 East 1st Avenue Mini Golf 15, 000 8667 Harold Olson 940 S. Holmes Fence 250 8668 Ken Von Bank 1521 E. Shakopee Avenue Deck 1, 200 8669 Midwest Fireplace Co. 1803 Granite Drive Fireplace 815 8670 Grant Gerlach 730 Marschall Road Fence 650 8671 David Rief 513 West 5th Avenue Remodel 14 , 000 8672 Jack Porter 1312 Pondview Court Deck 1, 000 8673 Wes Hukriede 706 E. 11th Avenue Deck 1, 080 8674 Kenneth Koch 1309 Pondview Court Fence 650 8675 Dave Kragthorpe 1017 Legion Street Fence 500 8676 Novak Fleck 1305 Pondview Court House 45, 000 L 1 B 2 Meadows 2nd 8677 Rick Coleman 1269 Diamond Court House 62 , 400 L 33 B 5 Hauer's 4th 8678 Terminal Transport 380 Viking Steel Road Office Trailer 750 8679 Signs of Quality 404 East 1st Avenue Sign 800 8680 Michael Hentges 1042 Dakota Street Chimney 500 8681 Rick Sames 1830 So. Marschall Rd. Addn. 1, 000 8682 Barthel Const. 2555 Onyx Drive House 63 , 600 L 8 B 4 Hauer' s 4th 8683 Merlin Grev 627 West 1st Avenue Deck 800 8684 Bill Menden 926 Atwood Garage 7 , 190 8685 Kevin Smith 1213 Minnesota Street Deck 1, 920 8686 Robert Beck 1088 Jackson Street Deck 1, 400 8687 Keith Lusignan 1042 Sibley Street Deck & Fence 2 , 566 8688 Tim Magalis 2051 Eaglewood Lane Porch 5, 400 8689 Scott Furrozzo 435 East 1st Avenue Sign 500 8690 Novak Fleck So. Apgar Street Demo 1, 000 8691 Monnens Custom Bldrs. 493 Marschall Road Tenant Impr. 6, 000 8692 Iron Horse Exc. 535 West 5th Avenue Tank Removal 4 , 500 8693 David Broderson 1174 Monroe Street Fence 600 8694 Maureen Erath 507 Minnesota Street Fence 100 8695 Ngo Nguyen 1170 Minnesota Street Remodel 7 , 900 90-3198 • SHAKOPEE POLICE DEPARTMENT 90-3198 MISCELLANEOUS REPORT DATE REPORTED: 06-12-90 TIME: 1110 hrs. BADGE: #10 DATE OCCURRED: — TIME: — COMPLAINANT: City of Shakopee (Judy Cox) ADDRESS : Shakopee, MN PHONE: 445-3650 INCIDENT: Liquor License Application for Jerry ' s Bar of Shakopee SUBJECT: Jerome Dean Carlson DOB : 07-27-55 ADDRESS : 124 So. Holmes St. , Shakopee (Business) PHONE: 445-8191 OFFICER: Detective R. Lawrence #10 . Shakopee P.D. On 06-12-90 I received the application for On/Off Sale intoxicating liquor license for Jerry ' s Bar of Shakopee . Attached with it was a memo from Judy Cox, City Hall. A B.C.A. check was done on Jerome Dean Carlson, showing negative results. Routine drivers ' license check showed one minor violation, March of ' 90 . He stated on his application that he had been a previous manager at the V.F.W. in Savage . I contacted Chief Vlasic and Sgt. Al McColl, who advised that during the time that he was manager there was approximately six calls at the V.F.W. They occurred mostly in October and November, involving mostly fights and arguments. It was found later that this evolved mainly around the pool tables, that were ultimately removed by the committee at the V.F.W. Mr . Carlson, in his interview, stated he was not going to put pool tables in Jerry ' s Bar in Shakopee. He stated that the problems he had at Savage V.F.W. , he inherited the pool tables along with everything else . During the time that he was the overall manager at the Savage V.F.W. After the pool tables were out the V.F.W. also installed private security to check individuals prior to entrance to the bar . I contacted Mel Soder , Commander of the Savage V.F.W. To the best of his knowledge , as well as another individual who is on the committee , Lyle Beoser , the reason Jerry left the V.F.W. was because of the usual complaint from fraternal organization that too many members thought they were the bosses and were telling him what to do . They were complementary in their overall evaluation of Jerry ' s work. Routine checks were also done on Jerry' s credit history, of which showed him to be a very reliable individual and prompt in payments. I requested Jerry Carlson to come in for an interview with me, which lasted approximately 45 minutes. He explained that he had -1- / n 'b>/ iiww ss 90- 3i gi taken over the corporation, did, ultimately, furnish me with the purchase agreements, insurance, forms. The bar is broken down into the business, the building, fixtures, and several types of percentages that are paid on various things. Jerry and I went through his entire outlay for monthly expenses, as well as the income from not just the liquor sales, but from the monthly apartment rental from the apartment above, plus a rental space to the Lion ' s Club to run the pulltabs out of there. Jerry does not intend to do his own book work, he is going to use the D.M. MILLER . ASSOCIATES accounting firm in Bloomington. He further relayed that he was planning on still taking out his yearly salary of that of being the manager , which was approximately twenty-five thousand a year . He has two other employees, being MARY WEBER, who lives in Lidia, MN, and PAM CHAMBERS a relative of his who was also going to work with him. Jerry Carlson further relayed that Newton Parker had been in the building, he believed it was in October, and had checked the building over. The only machines he intends to have in there is a dart board and a pinball machine. I verbally advised Deputy Chief DuBois that the background investigation on Jerry Carlson revealed nothing that would prohibit him from being issued a On/Off Sale intoxicating liquor license from the City of Shakopee. This information was ultimately passed on to the City Council . R. Lawrence #10 p.m. 6/29/90 -2- 4f/0 SHAKOPEE \01 CITY OF •'`. INCORPORATED 1870 f 129 EAST FIRST AVENUE, SHAKOPEE, MINNESOTA 55379-1376 (612)445-3650 r 70 • • July 9 , 1990 Mr. Cole D. VanHorn 303 East 1st Avenue Shakopee, Mn. 55379 Dear Mr. VanHorn: Thank you for completing an application for a city council advisory board. The city is always looking for interested citizens who are willing to give of their time and talents to serve on advisory boards and commissions which assist them in making important decisions for the community. Interviews have already been conducted and nominations made for current openings. I would like to keep your application on file; however, and will advise you when there is another opening on the Community Development Commission. I will check with you at that time to see if you are still interested in an appointment. Again, thank you for your interest in serving on the CDC. Sincerely, n � J 'udfi_th S. Cox i y Clerk CC: Dennis R. Kraft, City Administrator Members of the City Council The Heart Of Progress Valley AN EQUAL OPPORTUNITY EMPLOYER - 1I UNOFFICIAL PROCEEDINGS OF THE CITY COUNCIL WORKSESSION SHAKOPEE, MINNESOTA JULY 10, 1990 At 7 : 00 P.M. members of the City Council met in a worksession to discuss possible sites for a new city hall. The following were present: Cncl . Zak, Wampach, Vierling, Clay, Sweeney, Mayor Laurent, City Administrator Dennis R, Kraft, Ass 't. City Administrator Barry Stock, City Clerk Judith S. Cox, Pat Minelli, Editor of the Shakopee Valley News, and Jon Albinson, member of the CDC. Discussion ensued on the sites which were mentioned at the public hearing on June 26th: 30 acre site East on 4th Avenue, the hospital , Gorman Street site, and the Marquette Bank building. A fifth site was introduced by Cncl.Wampach - the site of the existing city hall. Councilmembers listed and compared the following criteria among the five sites: cost, time for completion of facility, constraints for each site, and positive aspects of each site. Councilmembers then listed each of the five sites in order of their preference. The result of the ranking of each site is as follows: 1. Block 4 , existing city hall site 2 . 30 acre site on East 4th Avenue 3 . Marquette Bank building 4 . Gorman Street site 5. Hospital site Discussion followed on the positive and negative aspects of razing the structures on the south one-half of Block 4 and the south one- half of Block 5 and constructing a new city hall and parking lot. Staff was directed to put the city hall site selection on the August 7th Council meeting. This will allow time for the Shakopee Valley News to report on tonight' s meeting and for comments to filter back to councilmembers before a decision is made. Staff was also asked to look into passible interim sites for use during construction should the City select to pursue the development of a new city hall on Block 4 . The worksession ended at 9 : 30 P.M. Judith S. Cox City Clerk #/3 To: Dennis Kraft, City Administrator From: Tom Steininger, Chief of Police Subject: Telephone System Upgrade Date: July 5, 1990 The State of Minnesota has mandated that users of the state computer system be tied into the system with a particular kind of telephone line. Agencies using the system must be in compliance by the end of August. The cost to install this line is $611 .22 , including $50 .00 for connections at the Scott County Dispatch Center . The monthly charge for this line will be $45 .94 . As this is an unforeseen expense, it was not budgeted for . Line item 4321 - Telephone, will run about $700 - $750 over budget for 1990 as a result of this. # Iy • City of Shakopee i��''�� 14'1(0 �� POLICE DEPARTMENT 44,4 1►/,• 4 F 476 South Gorman Street 1 ' � SHAKOPEE, MINNESOTA 55379 —4 O L ICS— Tel. 612/445-6666 gig 4/ d,<P ;:E: \� O A NEWS LETTER TO COUNCIL July 12, 1990 *****OTHER INTERESTS IN DEPARTMENT***** INVESTIGATOR DON BISEK 07-01-67 Investigator Don Bisek has completed 23 years with the Shakopee Police Department. Don began his career as a patrolman and in 1976 was appointed as a full-time investigator. DEPUTY CHIEF JOHN DUBOIS 07-01-63 Deputy Chief John DuBois has completed 27 years with the Shakopee Police Department. In 1976 John was promoted from Detective Sgt. to Assistant Chief of Police. In 1978 John was named Chief of Police and held this title until 1979 when he resumed his position of Deputy Chief of Police. In searching our archives it is found that the 1965/66 salary range for John was $6,000 per year, plus holidays and vacation . OFFICER BRIAN CLARK 07-01-86 Officer Brian Clark has completed four years with our Police Department. "Barney" has been a public radio broadcaster, television weatherman , Scott County Dispatcher, and came to us from the Orono Police Department. OFFICER GREG TUCCI 07-01-87 Officer Greg Tucci has completed three years of service with the Shakopee Police Department. Greg has been instrumental in streamlining the officers paperwork process for recording incident reports. DONNA HYATT 12-04-89 Donna Hyatt has completed her six month probation period . Donna joined our department after many years with the Eden Prairie Police. FIREWORKS AND AMMUNITION - The Bloomington Bomb Squad assisted our department this week with the safe disposal of ammunition and confiscated fireworks. DAKOTA COUNTY CHIEF' S ASSOCIATION - Chief Tom Steininger spoke to this group on July 11 , 1990. He touched on areas such as police licensing , firearms training , penalty go c$£zvE Jo Jn-,rotECt NEWS LETTER TO COUNCIL r *****INCIDENT HIGHLIGHTS***** 06-28-90 Burglary of business, 981 Bluff , loss of tools. 07-01-90 Discharge firearm in city limit, 900 block Fuller. Request city attorney to draw formal complaint. 07-01-90 Residential burglary , Valley View Road , loss of coin . 07-02-90 Theft of heavy duty batteries, Eagle Creek Blvd . 07-03-90 Numerous car prowls at Canterbury Downs. Arrest 1 adult male. 07-04-90 Vandalism to Municipal Swimming Pool . 07-04-90 Residential burglary, Valley View Road , loss of numerous household items. 07-05-90 Theft of electrical wire, Valley Park Drive. 07-05-90 Cruelty to animal , 640 Gorman . Impound dog and arrest one adult male. 07-07-90 Residential burglary , assault, 1245 E Shakopee Ave. , request formal complaint from County Attny. 07-07-90 2nd Degree Assault, Sharon Parkway, arrest 1 adult male. 07-08-90 Vehicle chasing ambulance, Hwy 101 , arrest 1 adult male. 07-09-90 Theft and forgery of checks, E 4th Avenue. Under investigation. 07-09-90 Theft of lawn tractor, 1700 block Canterbury Road . , under investigation . 07-11-90 Damage to vehicle window, theft of radar detector, 1800 block East Shakopee Avenue. opr� GI CRIMES REPORTED AND ARRESTS JUNE 1990 TOTAL # ADULT JUVENILE TYPE OF CRIME REPORTED ARREST ARREST ASSAULT 19 3 1 BURGLARY 6 0 0 FORGERY/COUNTERFEITING 3 0 0 DRUGS 5 3 1 uc3AFF%FLFF # •1 P ARSON/NEGLIGENT FIRES 0 0 0 GAMBLING 0 0 0 HOMICIDE/SUICIDE 0 0 t' CRIMES AGAINST FAMILY 4 0 0 (NEGLECT/ABUSE) TRAFFIC/ACCIDENTS 30 27 1 (DWI/HIT AND RUN) KIDNAPPING/FALSE IMPRISON 0 0 0 CRIMINAL SEXUAL CONDUCT 3 1 0 MISC/FEDERAL/CONSERVATION 40 13 8 JUVENILE STATUS/LIQUOR DISTURBING PEACE/PRIVACY/ 26 12 0 OBSCENITY 2 2 0 PROPERTY DAMAGE/TRESPASS 3 2 6 STOLEN PROPERTY 1 0 1 RECEIVE/CONCEAL ROBBERY 1 0 0 THEFT 27 2 4 THEFT RELATED/FRAUD/ 19 5 6 SHOPLIFTING ( 'e CRIMES REPORTED AND ARRESTS JUNE 1990 TOTAL # ADULT JUVENILE TYPE OF CRIME REPORTED ARREST ARREST VEHICLE THEFT/RELATED 15 0 0 WEAPONS 1 0 0 TAMPER W/WITNESS 0 0 0 OBSTRUCT LEGAL PROCESS 2 0 0 CONSPIRE TO COMMIT CRIME 1 0 0 CONTEMPT OF COURT 0 0 0 FALSE NAME TO POLICE 1 0 0 FRAUD/FINANCIAL TRANS CARD 2 0 0 5TH DEGREE ASSAULT 0 0 0 PROPERTY DAMAGE/ 32 0 1 VANDALISM ASSAULT/FELONY 0 0 0 MOTIVATED BY BIAS TOTAL ADULT TO JAIL 47 TOTAL ADULT BAIL/ROR 22 TOTAL JUVENILE TO COURT 29 TOTAL JUVENILE W & R 0 ARREST GRAND TOTAL 69 29 TOTAL # REPORTED 244 OTHER ACTIVITY OF INTEREST JUNE 1990 TRAFFIC ACCIDENTS PROPERTY DAMAGE ACCIDENTS 28 PERSONAL INJURY ACCIDENTS 10 HIT AND RUN ACCIDENTS 8 OTHER TRAFFIC ACCIDENTS 0 OTHER MEDICALS 28 FIRE CALLS DETOX 10 ALARMS 32 TOTAL CALLS FOR SERVICE, JUNE 1990 905 AGENDA Planning Commission/City Council Joint Workshop City of Shakopee Thursday, July 19, 1990 7 :30 P.M. City Council Chambers 1. Planning Commission Roles and Functions a. Long Range Planning b. Current Planning 2 . Comprehensive Plan Issues a. Downtown/Institutional Viability 3 . Comprehensive Code Update 4 . Enforcement Problems 5. Site Plan Review Process 6 . Attendance Policy 7 . Other Business a. b. c. 8 . Adjournment TENTATIVE AGENDA ADJ.REG. SESSION SHAKOPEE, MINNESOTA JULY 17 , 1990 Mayor Gary Laurent presiding 1] Roll Call at 7 : 00 P.M. 2 ] Reading by Mayor Laurent of City's Non-Discrimination Policy 3 ] Approval of Agenda 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 June 26th and July 3 , 1990 9] Communications: a] Edward W. Brownell III, Juran & Moody, Inc. re: Commercial Development Revenue Refunding Note (Shakopee Shops) b] Jon Albinson, Valley Industrial Realty, re: park dedica- tion fees for replats c] Association of Metropolitan Municipalities re: breakfast meeting, July 24th 10] Public Hearings: None 11] Boards and Commissions - No recommendations at this time 12] Reports from Staff: a] 1st Avenue Traffic Problems - tabled July 3rd b] 1990-1991 Strategic Plan c] Shakopee Derby Days *d] Library Parking Lot Resurfacing e] Tahpah Park Lights *f] Reconsideration of Drug and Alcohol Policy for Discussion - motion tabled June 19, 1990 g] Changing Polling Place for the 5th Precinct *h] Temporary 3 . 2 Beer Licenses - Shakopee Jaycees *i] Amendment to Agreement with MVRP Regarding Murphy ' s Landing TENTATIVE AGENDA JULY 17 , 1990 Page -2- 12 ] Reports from Staff continued: j ] Appointments to Boards and Commissions k] Approval of the Bills in the Amount of $ 1 , 013 , 564 . 16 1] Fiscal Disparities Option for Tax Increment Financing District #3 and #4 - tabled July 3rd - bring item #13a from July 3rd agenda *m] 3 . 2 Beer License - Shakopee Bowl *n] Request by A Government to Spend Gambling Funds 13] Resolutions and Ordinances: *a] Res. No. 3253 , Amending the Personnel Policy Regarding School and Sick Kid Leaves b] Res. No. 3256, Approving Preliminary Plans & Layout for CR-18 Project, I-494 to Shakopee Bypass c] Res. No. 3257 , Approving Plans & Specs for the Shakopee Bypass 14] Other Business: *a] Appointment of acting city administrator b] Set a date to interview finalists for the city attorney position d] 8. Y1- -C' -� e] S.z F/ `'a -3 '1J 3j 6t4A-4-, 1111 5I• )1Yl C4-141C4-141-•'-- . 15] Rece s for an executive session to discuss property acquisition 16] Re-convene 17] Adjourn to Tuesday, July 19 , 1990, at 7 : 30 P.M. , for a Joint Meeting with the Planning Commission. Dennis R. Kraft City Administrator REMINDER: July 19 , 1990, 4 : 30 P.M. - 1991 Budget Worksession OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ.REG.SESSION SHAKOPEE, MINNESOTA JUNE 26, 1990 Mayor Laurent called the meeting to order at 7 : 03 P.M. in the Assembly Room at the Scott County Courthouse. Members present were Cncl. Zak, Wampach, Vierling, Clay, and Sweeney. Also present were Dennis R, Kraft, City Administrator; Barry Stock, Ass 't. City Administrator; and Judith S. Cox, City Clerk. Mayor Laurent explained the purpose of the public hearing and thanked the group of citizens for their efforts in evaluating sites for a new city hall. Mayor Laurent opened the public hearing. Barry Stock, Ass't, City Administrator, explained what has transpired since 1984 towards the construction of a new city hall . He explained that the current city hall siting committee is recommending to Council for their consideration, three possible sites for a new city hall: one within the institutional district, one outside the institutional district and an existing building. Members of the city hall siting committee will present each site. Jane DuBois, member of the Community Development Commission, and Chair of the City Hall Siting Committee, presented the site outside the institutional district. The Committee is recommending the purchase of a 30 acre site somewhere in the vicinity North of Eagle Creek Boulevard, South of 4th Avenue and East of Marschall Road. This site is centrally located, has access to sewer and water, has highway access, is zoned multi-family, and will address the long term needs of the City. In addition to a city hall , future construction could include a community center, athletic fields, library, and a law enforcement facility, when the current facility is outgrown. The Committee determined that the site should be a minimum of 30 acres. Property in this area sells for $25, 000 to $35 , 000 per acre. The vacant property currently taxed agricultural and generates taxes between $8 . 00 to $22 . 00 per acre per year. Ms. Dubois stated that the issues have been studied and that she believes a decision should be made. Mayor Laurent clarified that the sites being by the presenterpresented by tee one members are not necessarily preferred Bill Mars, member of the CDC and the City Hall Siting Committee, presented the downtown site within the institutional district. He stated that it is time to move forward. He presented the site located in Block 50, which is South of the Library and East of Lewis Street. It is within the institutional area. It would cost approximately $1, 000, 000 for acquisition and preparation and approximately $2 , 000, 000 for construction. It will remove about $15, 000 gross taxes if converted to government use. When expansion is needed, it can go up. This site will strengthen the business district. Block 50 is the site for the future, as the city grows. Proccedings of the June 26, 1990 City Council Page -2- Mr. Mars stated that he would like to see the community lead, not be led. Mary Schmitt, member of the City Hall Siting Committee, presented the Marquette Bank building site. This building was first built in 1958 and has been expanded twice since then. It will meet the needs of a city hall and is located in the central business district. Two neighboring communities built their city hall in the downtown district: Lakeville at an approximate cost of $93/sq. ft. for 27 , 000 sq. ft. ($2 . 5 million) , and Chaska at an approximate cost of $100/sq. ft. for 32 , 000 sq. ft. ($3 . 2 million) . The bank has approximately 24 , 000 sq. ft. and the cost for acquisition, including furnishings, handicapped accessible restrooms, and an elevator, is estimated at $62 . 50/sq. ft. ($1. 5 million) . This building will provide more space than is needed with 4 , 000 additional sq. ft. which could be leased until needed. A number of aspects have been found favorable and unfavorable for each site. The consensus of the Committee is that a new city hall is needed and has been needed badly for a long time. Jon Albinson, member of the CDC and the City Hall Siting Committee, presented a fourth alternative for Council consideration. He stated that the acquisition of the Marquette Bank building would serve the present needs and the acquisition of a 30 acre site would provide a commitment for the long term needs. The City is moving to the East and a 30 acre site will become central as the growth shifts. He stated that Mr. Bill Weber, the City' s comprehensive plan consultant has indicated that this is an excellent idea for the City to look at. The city hall siting process has gone on for a number of years. The Committee has tried to look at the long term needs of the City. He hopes that Council will make the right decision and knows that it will be a difficult one. Cncl .Vierling asked if any of the sites that were looked at were near the area of the future fire station and tying them together. Mr. Albinson responded that they had talked with the Fire Chief and that the 30 acre site would not meet the requirements for a second fire station. There are restrictions on how close two fire stations can be to one another. The proposed site for a second fire station (CR-17 and Vierling Dr. ) has easy excess to points of command. Cncl .Wampach asked of the Committee looked at the Gorman Street site. Ms. Dubois responded yes, but they considered their criteria which called for a 30 acre site. Mayor Laurent explained to the audience that the Council is under no obligation to pick any of these sites; that all options are still open at this time. He then gave instructions on how the public hearing would be conducted. He explained that the Council will not be making a decision on a site tonight. 0 Proccedings of the June 26, 1990 City Council Page -3- Mayor Laurent read a letter from Reverend Mary Keen, Chair of the Ad Hoc Downtown Committee, recommending that the site be located in the downtown district. Mayor Laurent read a letter from Melanie Kahieck, Chair of the Planning Commission, which stated that the keeping of the public institutions near the heart of our community is the vision of the proposed Comprehensive Plan. She believes that we should support the goals and objectives identified in the planning process. Jerry Hart, St. Francis Regional Medical Center, asked Council to consider the hospital as an alternative site. They have been planning for sometime and are not at liberty to go public because their finances are not in place. He has already advised Council of their reasons for leaving the current site. He is asking Council to help facilitate their move by considering renting a portion of their building for city hall offices. The advantages of renting space in the hospital include: not removing property from the tax rolls, could use for 10-15 year period plus acquire 30 acre parcel for expansion, it is a central area for government services, would stay in the downtown, can offer an attractive financial package for lease, the City will keep the asset of St. Francis Regional Medical Center, and would keep dollars in Shakopee. He explained that reuse of the present Medical Center is critical to the success of a new site for the Medical Center. He said that they could lease 26, 000 sq. ft. on the 2nd floor to the City plus 125 parking stalls. If part of the Medical Center is rented for a city hall, this will open up other opportunities for other tenants. Mr. Hart then shared with the Council a summary of cost implications for the City in regard to a lease arrangement. John Schmitt, 1015 So. Main, stated that he would like to see Council take positive and affirmative action. The City has taken advantage of its citizens. The library was built by donations, Tahpah and Lions parks have been developed by donations and the City has given nothing. The attitude within the community is low and the road structure has been short changed. The first thing we need is a new city hall. At first he supported acquisition of the bank and a 30 acre site when this alternative first came up, but has since changed his mind. He believes that the public deserves better. He does not believe that the Marquette bank building should be taken off the tax rolls. He supported the Block 50 site, but with the absence of downtown merchants at this public hearing, he no longer supports it. He supports the acquisition of the 30 acre site. We only need five acres for now, but property will appreciate and this acquisition will preserve land for more municipal development in the vicinity. It will provide for additional needs, opportunity for flexibility, orderly and well thought out development. He stated that it is time for the Council to give something back to the residents, and not something 2nd hand. He asked Council to take a hard look and make the hard choice. Proccedings of the June 26, 1990 City Council Page -4- Elmer Otto, 1057 East View Circle, stated that the Marquette Bank building has parking problems and that the Block 50 site is already causing traffic congestion East of Holmes Street. He recommends the 30 acre site where there is a lot of room to grow. Dr. Pat Adams, Sundance Medical Clinic, stated that he can't improve on Mr. Hart's presentation on considering the hospital as a site. He was in favor of the City utilizing the hospital as a site. Dr. Tom Luth, Sundance Medical Clinic and Chief of Staff at St. Francis Regional Medical Center, stated that the City should be more proud of the hospital we have. Every year the hospital must go through an accreditation. In the last three years Mr. Hart has improved on the accreditation from just getting by to the 3rd highest in the country. He knows that the Council is trying to make an important decision for the City. He believes that the City should support St. Francis by leasing space so they can relocate to their new campus. Ag Horeish, 1186 Van Buren, stated that Mr. Hart has had good results with upgrading the hospital and she believes that it is time to move on. She has a family who lives in Block 50 and they do not know what to do about making improvements. It is not fair to continue to take no action. Randy Laurent, 14635 Brenner Lane, President of the Chamber of Commerce, stated that the Chamber does not support any particular site, but that they do support a new site. He applauded the Council and the Committee for all of their work thus far. Pat Laschinger, 5085 Eagle Creek Blvd. , stated that he agreed with the 30 acre site concept. Tim Rein, 306 Sommerville, stated that as far as he new the Gorman Street site beat the Block 50 site in the 1987 referendum and questioned why the Block 50 site was still being considered. He is not in favor of the Block 50 site, but is in favor of a 30 acre site East of town; it would have the best access. Judy Tomczik, 1232 Monroe Street, stated that it is time for the people to have something that they can point to with pride. Whatever we do we must be proud of it. We need to look to the future. She stated that she would like to reinforce John Schmitt ' s thinking. She supports the 30 acre site or the St. Francis Regional Medical Center site. Cncl .Vierling asked what the Committee thought about leasing offices from the hospital and purchasing a 30 acre site. Jon Albinson responded that this was a new idea; an interesting issue and a financial issue. He suggested that this concept be discussed with the City ' s financial advisor. U Proccedings of the June 26, 1990 City Council Page -5- Jane Dubois, 1705 West 3rd Avenue, stated that the idea of leasing from the hospital is an interesting twist. She would like to see land purchased also for the future. She agrees with John Schmitt, we have been getting 2nd hand for years. Bill Mars, 1013 Market St. , stated that he has been a resident for nine months and that he likes what he sees. He is from Duluth where the downtown crumbled during the 1970 's. He supports a downtown site; and hasn't had time to consider the hospital site. He wants a downtown site plus acreage. He would like to see the City lead rather than follow. Candy Von Bank, 315 Lewis, asked when will a site be decided. Mayor Laurent stated that no one has stated that they don't want a new city hall. We need to commit to the whole process for selecting a site. As one of six members on the Council, he believes that a decision should be made this year. Cncl.Zak stated that a new city hall is number one on the city' s goals and objectives. Mary Jane Rein, 1070 Madison, stated that she would like to see the City work with the hospital or go out to the Eastern part of town. Don't go with Block 50; let the people stay in their homes. Mary Schmitt, 614 Spencer, stated that if there is a decision against the Block 50 site, to let these people know. If the bank is purchased, a 30 acre site should also be bought and a sign should be put on it indicating that it is the "future site" . Bill Mars said that he would like to poll the Council and the Mayor to know how they are coming together; a non binding indication of preference. Mayor Laurent stated that he has tried to put his bias aside and is committed to the complete process. He believes that one of the options presented would work well for the City. He will not reveal his preference at this time, but wants the process to continue on the site selection. Cncl .Vierling stated that she is in favor of a 30 acre site; she is not enchanted with purchasing property from a business, but would maybe support the hospital since they are a non profit organization. Cncl .Clay stated that he agreed with the Mayor. He initially favored the bank site, but would like to see the numbers for leasing from the hospital as well as the numbers for purchasing the bank. He is more and more leaning towards the long term interests for the City and is looking at a 30 acre site for the future. Proccedings of the June 26, 1990 City Council Page -6- Cncl.Sweeney stated that it was his understanding that tonight' s hearing was to here input; he is not comfortable recording a vote or commenting on a specific site tonight. Cncl. Zak stated that he is for a new city hall ; that we deserve to give ourselves something. He is not inclined toward the Block 50 site. He is not ready to speak for a site tonight, but needs more information. Cncl.Wampach stated that he always wanted to see a new city hall at the existing site, utilizing the whole block. With the hospital site, he realizes what we have there, but does not like the idea of remodeling. He is not in support of the Block 50 site nor the revamping of the bank; he prefers the Marschall Road and 4th Avenue site. Al Dubois, 1982 Davis Court, stated that he too came with a preconceived site, that there has been a lot of information heard tonight and that he agrees a lot with what John Schmitt has had to say. He would go with the 1987 vote where 55% of the voters chose the Gorman Street site. Pete Von Bank, 315 Lewis, stated that he is opposed to the Block 50 site. He has lived in a house in Block 50 since he was six years old and bought it from his folks. He favors a 30 acre site which will accommodate other facilities. If the hospital is remodeled, 10 years down the road we' ll still want to build. Mayor Laurent asked if there was anyone else who wished to comment. There was no response. Vierling/Zak moved to set a date for a worksession to discuss selecting a site for a new city hall . Motion carried unanimously. Sweeney/Clay moved to eliminate the Block 50 site from consideration as a site for city hall. Motion carried unanimously. Mayor Laurent adjourned the meeting at 8 : 43 P.M. Judith S. Cox City Clerk Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL REGULAR SESSION SHAKOPEE, MINNESOTA JULY 3 , 1990 Mayor Laurent called the meeting to order at 7 : 03 P.M. in the Council Chambers at city hall. Councilmembers present were: Joe Zak, Jerry Wampach, Gloria Vierling, Robert Sweeney, and Mayor Gary Laurent. Councilman Steve Clay was absent. Also present were Dennis R. Kraft, City Administrator; Barry Stock, Ass 't. City Administrator; Julius A. Coller II, City Attorney; and Judith S . Cox, City Clerk. Dave Hutton, City Engineer, arrived at 7 : 35 P.M. Changes to the agenda included the deletion of item 13m, Assignment of Auto for Custodian; and the addition of: 15c Transportation Delays, 15d Report on City Attorney Selection Process, and 15e an executive session to discuss labor negotiations. Sweeney/Vierling moved to approve the agenda, as amended. Motion carried unanimously. Mayor Laurent called a recess for a meeting of the Housing and Redevelopment Authority. Mayor Laurent re-convened the City Council meeting at 7 : 27 P.M. Liaison reports were given by Councilmembers. Mayor Laurent gave the mayor' s report. The Mayor asked if there was anyone in the audience who wished to speak about anything not on the agenda. There was no response. Vierling/Wampach moved to approve the consent business. Motion carried unanimously. Vierling/Wampach moved to approve the minutes of June 19 , 1990. (Motion approved under consent business. ) Vierling/Wampach moved to acknowledge the letter dated June 18 , 1990 from Mr. Robert F. Vierling regarding pollution on Lot 5, Block 50. (Motion approved under consent business. ) Wampach/Vierling moved to receive and file the letter dated June 13 , 1990 from Mr. Tom Hennen, Scott County Auditor, regarding the county public hearing date of the proposed 1991 levy. Motion carried unanimously. Mr. George Muenchow, Member of the Shakopee Area Chamber of Commerce Board of Directors, addressed the council regarding traffic problems in downtown Shakopee. He stated that a sub- committee of the Chamber had recently met with members of the Shakopee Police Department, Minnesota State Highway Patrol, Renaissance Festival, Canterbury Downs, and Valleyfair to discuss a temporary solution to the traffic congestion problems in downtown Shakopee. Proceedings of the July 3 , 1990 City Council Page -2- Mr. Muenchow explained the recommendations that the subcommittee came up with. They are unanimously recommending: 1) that there be no parking on the North side of 1st Avenue between Lewis & Holmes allowing for two right turn lanes, and 2) precluding left turns onto Holmes Street and Lewis Street when travelling west on Highway 101 between 4 : 00 PM and 6: 00 PM on weekdays; and precluding left turns on weekends during the Renaissance Festival between 8 : 00 AM and 12 : 00 PM. Discussion followed. Vierling/Zak moved that the recommendations of the subcommittee of the Chamber regarding traffic problems in downtown Shakopee be tabled until the next council meeting and that the businesses affected be notified of the recommendations and that they will be discussed at the next council meeting. Motion carried unanimously. The City Engineer reported on a letter that he had received from the Scott County Highway Engineer regarding the traffic speed study that was done by Mn. Dept of Transportation on CR-18 . He explained that the recommended speed limit on CR-18 from T.H. 101 to CR-42 is 55 mph, except for curves and hazards which should be signed according to their appropriate design speeds. Wampach/Vierling moved to receive and file the letter dated June 19 , 1990 from Brad Larson, County Highway Engineer, regarding the speed limit on CR-18 from CR-42 to TH 101. Motion carried unanimously. Mayor Laurent stated that Cncl . Clay had asked that council delay taking action on the fiscal disparities option for TIF Districts 3 & 4 because of his absence. Discussion followed. Sweeney/Wampach moved to table changing the fiscal disparities option for tax increment districts 3 and 4 . Motion carried with Cncl .Sweeney dissenting. The City Administrator addressed the new By-Laws for the Shakopee Fire Department Relief Association. Cncl .Sweeney suggested that the Finance Director do an actuarial of the information contained therein before Council makes any decisions. The City Clerk advised Council that representatives of the Association will be coming to the meeting a little later and that Council may want to table discussion until then. Vierling/Wampach moved to table discussion on the new By-Laws for the Shakopee Fire Department Relief Association until later in the meeting when representatives from the Association will be in attendance. Motion carried unanimously. Sweeney/Zak moved to pay the 2nd $25, 000 for 1990 to Murphy' s Landing in two installments, one-half on September 30th and one- half on December 31st. Proceedings of the July 3, 1990 City Council Page -3- Zak/Vierling moved to amend the motion by adding that payment be made based on a cost justification for payment in September. Motion carried unanimously. Motion carried unanimously on main motion, as amended. Vierling/Sweeney moved to remove the new By-Laws for the Shakopee Fire Department Relief Association from the table. Motion carried unanimously. Mr. Eugene Pass, President, Shakopee Fire Dept. Relief Assoc. , stated that he is a member of the by-law committee and that they have reorganized, clarified and updated the by-laws. One major change proposed is in regard to the amount of time for a member to become Early Vested which is being changed from 15 years to 8 years. Another major change relates to the financial minimum amount the city would contribute to the Relief Association and an increase in the amount of the lump sum per year of services pension benefit at which the city contribution would not be required. Discussion followed. Vierling/Wampach directed staff to compare the compensation and retirement benefits of the Shakopee Fire Dept. Relief Association with those in other communities and to make the members of the By- Laws Committee a part of the process as much as possible. Motion carried unanimously. Council took a 12 minute break at 8 : 38 P.M. Sweeney/Vierling moved to approve the 1990-1991 Strategic Plan, as drafted. Councilmembers discussed a few changes to the Plan. Motion defeated unanimously. Sweeney/Wampach moved that the 1990-91 Strategic Planning Analysis be amended as discussed tonight and directed staff to submit the analysis back to City Council for their final approval at the next meeting. Motion carried unanimously. Vierling/Wampach moved to declare the following vehicles surplus property and disposed of at auction: 1955 Willys Jeep #SN2535, 1955 Willys Jeep #SN79886, 1984 Ford LTD #1FABP43G2E2155291, 1982 Ford Fairmont #1FABP21S1CK116670, 1987 Chev Caprice #1G1BL5168HX200149 , and 1981 Olds Cutlass #1G3AR69AXBM467916 ; and move to allow staff to use the 1987 Chevrolet #0707 until the 1991 auction. (Motion approved under consent business. ) Vierling/Wampach moved to approve the bills in the amount of $2 , 475, 838 . 91. Motion carried unanimously. Vierling/Wampach moved to terminate the probationary status of Donna Hyatt effective June 4 , 1990. (Motion approved under consent business. ) Proceedings of the July 3, 1990 City Council Page -4- Sweeney/Vierling directed staff to prepare a resolution which approves remitting to ISD 720 the tax increment generated by the school referendum in the amount of $531,955. Motion carried unanimously. The City Engineer explained that Western Gas Utilities Inc. is proposing to install a new gas line along CR-15 and is offering the City $4 , 420 for two easements, one through Lions Park and one through Tahpah Park. Wampach/Zak moved to approve the offer made by Western Gas Utilities Inc. for easements within Tahpah Park and Lion' s Park in the amount of $4 , 420 and authorized the proper City officials to execute the easements after they have entered into a franchise agreement with the City. Motion carried unanimously. Vierling/Wampach moved to nominate Dolores Lebens to the Park and Recreation Advisory Board. (Motion approved under consent business. ) Vierling/Wampach moved to nominate Pamela Sveinson to the Park and Recreation Advisory Board and to the Planning Commission. (Motion carried under consent business. ) Vierling/Wampach moved to nominate Ronald Larson to the Park and Recreation Advisory Board. (Motion carried under consent business. ) Vierling/Wampach moved to nominate Paul Ten Eyck to the Park and Recreation Advisory Board. (Motion carried under consent business. ) Vierling/Wampach moved to nominate Steve Johnson to the Park and Recreation Advisory Board. (Motion carried under consent business. ) Vierling/Wampach moved to nominate Robert Tomczik to the Park and Recreation Advisory Board. (Motion carried under consent business. ) Vierling/Wampach moved to nominate Vicki King to the Park and Recreation Advisory Board and to the Planning Commission. (Motion carried under consent business. ) Vierling/Wampach moved to nominate Paulette Rislund to the Park and Recreation Advisory Board. (Motion carried under consent business. ) Vierling/Wampach moved to nominate Bill Preiss to the Park and Recreation Advisory Board. (Motion carried under consent business. ) Proceedings of the July 3, 1990 City Council Page -5- Vierling/Wampach moved to nominate Sandra McKenna to the Planning Commission. (Motion carried under consent business. ) Vierling/Wampach moved to nominate Joan Lynch to the Planning Commission. (Motion carried under consent business. ) Vierling/Wampach moved to nominate Michael Beard to the Community Development Commission. (Motion carried under consent business. ) Vierling/Wampach moved to waive the sixty (60) day reviewal period for the Shakopee Jaycees for a Gambling License at Arnie 's Friendly Folks Club, Shakopee. (Motion carried under consent business. ) Vierling/Wampach moved to authorize staff to draft a resolution amending the Personnel Policies for the City of Shakopee to comply with 1990 Legislative Amendments to M.S. 181. 940 . (Motion approved under consent business. ) The City Engineer explained that he has been talking with State of Minnesota Corrections officials about the City obtaining an easement for a triangular section of property adjacent to Adams Street. This is needed for the Adams Project North of 6th Avenue. Acquisition of this property will allow Adams Street to line up directly with CR-15 south of 6th Avenue. He was recently advised that the Commissioner will not sign the easement because it does not meet the test of the statutes. Discussion followed. Sweeney/Wampach offered Resolution No. 3252 , A Resolution Determining the Necessity for and Authorizing the Acquisition of Certain Property by Proceeding in Eminent Domain for Purposes of Constructing Adams Street from 6th Avenue to 3rd Avenue, Project No. 1990-3 , and moved its adoption. Motion carried unanimously. Sweeney/Vierling directed staff to prepare a feasibility study for the extension of 4th Avenue and 5th Avenue across the State property (East of Adams St. ) in order to complete the grid in that part of town. Motion carried unanimously. Vierling/Wampach offered Resolution No. 3251, A Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for Valley Industrial Boulevard North from County Road 83 to Valley Park Drive, Project No. 1990-8 , and moved its adoption. (Motion approved under consent business. ) Vierling/Wampach offered Resolution No. 3250, A Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for Watermain Improvements to Vierling Drive from Limestone Drive to Approximately 2 , 000 Feet West, Project No. 1990-2 , and moved its adoption. (Motion approved under consent business. ) Proceedings of the July 3, 1990 City Council Page -6- Sweeney/Vierling offered Resolution No. 3249 , A Resolution Approving Plans and Specifications and Ordering Advertisement for Bids 1990 Pavement Preservation Program, Project No. 1990-10, and moved its adoption. Motion carried unanimously. Consensus of Council was to meet for a worksession on July 10th at 7 : 00 P.M. to discuss a site for a new city hall ; and to meet on July 19th at 4 : 30 P.M. for a worksession to continue discussion on the 1991 budget. Mayor Laurent explained the reasons for the apparent delays on the 169 bridge, mini bypass, and Southerly bypass, which he learned after talking with Minnesota Department of Transportation. He stated that it may be advisable to separate the 169 bridge construction project from the mini bypass alignment construction project so that the 169 bridge project is not held up because of the mini bypass delays. The City Administrator updated the council on the City Attorney selection process. Mayor Laurent recessed the meeting for an executive session to discuss labor negotiations at 10: 01 P.M. Mayor Laurent re-convened the meeting. Mayor Laurent adjourned the meeting to Tuesday, July 17 , 1990 at 7: 00 P.M. Meeting adjourned at 10: 13 P.M. ` ; 1 JUd'th S . Cox City Clerk Recording Secretary 9a. MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Shakopee Shoppes - Commercial Development Revenue Refunding Note - Resolution No. 3254 DATE: July 13 , 1990 INTRODUCTION: On July 11, 1990 the attached correspondence was received from Mr. Ed Brownell, Juran & Moody, Inc. representing S & W Realty, the owner of the Shakopee Shoppes Shopping Center (Red Owl Complex) outlining his clients desire to refinance this project. A Commercial Development Revenue note was issued by the City in 1981 to finance the acquisition and renovation of the shopping center. Attached is Resolution No. 3254 authorizing the refinancing of the project. BACKGROUND: In December of 1981 the Shakopee City Council approved the issuance of $600, 000 in commercial revenue notes for this project. This note was issued at an interest rate of 12%. The owners feel that at this time they can obtain a substantially lower rate. (Approximately 8%) The owners are also seeking to extend the final payment of the note from 1996 to the year 1999 so that the balloon payment due on the final payment date can be reduced. The issuance of the original commercial development revenue note and the proposed refunding note do not impose any financial obligations on the City. The amount being requested for refinancing by the owner equates to approximately $496, 600. On September 5, 1989 the Shakopee City Council approved Resolution No. 3106 granting preliminary approval to the funding request and authorizing the preparation of the necessary documents. A public hearing was also held at that time to solicit comments on the proposed refunding. At the public hearing, no one spoke in opposition to the refunding request. The applicant has submitted the documents necessary to complete the refunding. Attached is Resolution No. 3254 authorizing the sale and issuance of a commercial development revenue refunding note and approving and authorizing the execution of various documents associated with said refunding. Mr. Ted Brownell, Vice President Juran & Moody Inc. will be present at the meeting to answer any questions regarding the proposed commercial revenue note refunding request. Staff is recommending approval of Resolution No. 3254 as attached. 9a- ALTERNATIVES: 1 . Offer Resolution No. 3254 authorizing the refinancing of a project under the Minnesota Municipal Industrial Development Act and the sale and issuance of a commercial development revenue refunding note, and approving and authorizing the execution of various documents. 2 . Do not adopt Resolution No. 3254 . 3 . Table action on this issue pending further information from staff. STAFF RECOMMENDATION: Staff recommends alternative #1. ACTION REQUESTED: Offer Resolution No. 3254 a resolution authorizing the refinancing of a project under the Minnesota Municipal Industrial Development Act and the sale and issuance of a commercial development revenue refunding note, and approving and authorizing the execution of various documents and move it ' s adoption. JURAN & MOODY, INC. Investment Securities Since 1939 P Minnesota Mutual Life Center 400 North Robert Stret-Suite 800 Saint Paul, Minnesota 55101-2091 Telephone 612/224-1500 Toll Free 1-800-950-4666 July 10, 1990 JUL > 1990 Cri r• ur • S AKOP � Dear Barry: E S & W Realty, the owner of the Shakopee Shops Shopping Center, is interested in refinancing The Commercial Development Revenue Bond issued by the City in December, 1981. At that time, the shopping center was expanded and remodeled with the proceeds of a $600,000 Note with a final payment date of December 1, 1996 Bearing interest at the rate of 12.00%. The owners are very interested in refinancing the original not only to substantially lower the interest rate but also to extend the final payment of the note from 1996 to 1999 so that there will no longer be a balloon payment due on the final payment date. The principal amount remaining unpaid as of August 1, 1990 is$483,481.33 The City held a public meeting and gave preliminary authorization for the issuance of the Refunding Note at its meeting on September 5, 1989 The notice of the hearing must be published no later than 15 days before the meeting date. Given the dates involved, this should not be a problem. You have been provided by separate mailing with proposed forms for the final resolutions to be enacted by the City Council at its meeting on July 17, 1990 by Joe Gonnella of Dorsey & Whitney, who is acting as Bond Counsel for this transaction. You should have received last week the final structuring of the Refunding Note together with an issuance schedule to effect a closing for the transaction on August 1, 1990 which you may use in the Council package as you see fit. It will be necessary for the Mayor to be available sometime prior to closing to sign all of the documents for the deal. If you or any members of the City staff have any questions, please do not hesitate to call me at the numbers listed. I am planning to attend the Council meeting to answer any questions. Very truly yours, Edward W. Brownell, III Vice President Saint Paul,MN-Minneapolis,MN-Houston,TX—Clearwater, FL Councilmember introduced the following resolution and moved its adoption: RESOLUTION NO. 3254 RESOLUTION AUTHORIZING THE REFINANCING OF A PROJECT UNDER THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AND THE SALE AND ISSUANCE OF A COMMERCIAL DEVELOPMENT REVENUE REFUNDING NOTE, AND APPROVING AND AUTHORIZING THE EXECUTION OF VARIOUS DOCUMENTS BE IT RESOLVED, by the City Council of the City of Shakopee, Minnesota (the "City") , as follows : Section 1 . Definitions . 1 .01 . In this Resolution, the following terms shall have the following respective meanings, unless the context hereof clearly requires otherwise: Act : the Minnesota Municipal Industrial Development Act, Minnesota Statutes, Sections 469 . 152 through 469. 165, as amended (formerly codified as Minnesota Statutes, Chapter 474, as amended; Assignment of Rents : the Assignment of Leases and Rents, from the Obligor to the Lender; City: the City of Shakopee, Minnesota, or its successors; Land: the real estate described in Exhibit A to the Mortgage; Lender: The Minnesota Mutual Fire & Casualty Company, in St . Paul, Minnesota, or its successors and assigns; Loan Agreement : the Loan Agreement to be entered into between the City and the Oblilgor; Loan Assignment : the Assignment of Loan Agreement, to be executed by the City in favor of the Lender; Mortgage : the Mortgage and Security Agreement and Fixture Financing Statement, from the Obligor, as mortgagor, to the Lender, as mortgagee; Note : the Commercial Development Revenue Refunding Note (Shakopee Shops Shopping Center Project) , Series 1990, dated as of the date of its delivery, numbered R-1, to be issued by the City; Ia' Obligor: Wolfson & Segal Realty, a Minnesota general partnership, or its permitted successors and assigns under the Loan Agreement; project : the approximately 29, 100 square foot commercial shopping center renovated, constructed and equipped on the Land by the Obligor; Refunded Note : the Commercial Development Revenue Note (Shakopee Shops Shopping Center) , Series 1981, dated as of December 17, 1981, and issued by the City in the principal amount of $600, 000; and Resolution: this resolution authorizing the issuance of the Note. Section 2 . . . . ' . ., . . . . Documents . 2 .01 . Authorization. The City is authorized by the Act to issue revenue bonds or notes and loan the proceeds thereof to business enterprises to finance the acquisition, construction and equipping of "projects" as defined in the Act, and to refund obligations issued under the Act and to make all contracts, execute all instruments and do all things necessary or convenient in the exercises of such authority. 2 .02 . Recitals . Pursuant to the Act, on December 17, 1981, the City issued the Refunded Note and lent the proceeds to the general partners of the Obligor for the purpose of financing a portion of the costs of the Project . The Refunded Note is now outstanding in the principal amount of $483, 481 .33 . 2 .03 . preliminary City Approval. By Resolution No. 3106, adopted by the Council on September 5, 1989 this Council approved the sale of revenue notes pursuant to the Act in the aggregate principal amount up to $510, 000 and the loan of the proceeds thereof to the Mortgagors or a related party, such as the Obligor, for the purpose of refunding the Refunded Note, and authorized the preparation of such documents as may be appropriate to the refunding. 2 .04 . Receipt of Documents . Pursuant to Resolution No. 3106, there have been prepared and presented to this Council copies of the following documents, all of which have been reviewed by the City Attorney and which are now, or shall be, placed on file in the office of the City Clerk: (a) Loan Agreement; -2- (b) Loan Assignment; (c) Mortgage; (d) Assignment of Rents; and (e) a form of the Note. Section 3 . Findings . This Council hereby finds, determines and declares that : (a) the refinancing of the Project through the issuance of the Note to refund the Refunded Note is authorized by and would further the purposes and policies of the Act; (b) it is desirable that the Note in an amount not in excess of the outstanding principal amount of the Refunded Note be issued by the City to the Lender, and that certain of the City's interests in the Loan Agreement and the payments receivable pursuant thereto be pledged to the Lender pursuant to the Loan Assignment as security for the payment of principal of and interest on the Note; (c) the payments required by the Loan Agreement are fixed, and required to be revised from time to time as necessary, so as to produce income and revenue sufficient to provide for prompt payment of the principal of and interest on the Note, and the Loan Agreement and Mortgage also provide that the Obligor and the Mortgagors are required to pay all expenses of the operation and maintenance of the Project including, but without limitation, adequate property damage insurance thereon and insurance against all liability for injury to persons or property arising from the operation thereof, and all taxes and special assessments levied upon or with respect to the Project and payable during the term of the Loan Agreement; (d) under the provisions of Minnesota Statutes, Section 469 . 162, and as provided in the Loan Agreement and the Note, the Note is not to be payable from nor constitute a charge, lien or , encumbrance upon any funds of the City other than the revenues under the Loan Agreement pledged to the payment thereof; the City is not subject to any pecuniary liability thereon; no holder of the Note shall ever have the right to compel any exercise of the taxing powers of the City to pay the Note or the interest thereon, nor to enforce payment thereof against any property of the City except the revenues under the Loan Agreement pledged to the payment thereof; the Note shall recite that it is payable solely from the revenues pledged to the payment thereof; and the Note shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation; and -3- A/ (e) the Note shall contain a recital that it is issued pursuant to the Act and, as authorized by Section 469. 160, such recital shall be conclusive evidence of the validity and the regularity of issuance of the Note. Section 4 . Approval and Execution of Documents . The form of Loan Agreement and the Loan Assignment referred to in Section 2 .04 are hereby approved. Each such document, with such variations, insertions and additions as the City Attorney may hereafter approve, are directed to be executed in the name and on behalf of the City by the Mayor, the City Administrator and the City Clerk. In the absence or disability of the Mayor any of the documents authorized by this Council to be executed shall be executed by the acting Mayor, and in the absence or disability of the City Administrator or the City Clerk by an officer or officers of the City who in the opinion of the City Attorney has authority to execute such documents . Copies of all of the documents shall be delivered, filed and recorded as provided therein. The forms of the Mortgage and the Assignment of Rents are also approved. Section 5 . The Note . 5 .01 . Form and Authorized Amount . The Note shall be issued substantially in the form on file in the office of the City Clerk, with such appropriate variations, omissions and insertions as are permitted or required by this Resolution, in the principal amount equal to the outstanding principal amount of the Refunded Note on the date of issuance of the Note. 5 .02 . Execution. The Note shall be executed on behalf of the City by the signature of the Mayor and attested by the signatures of the City Administrator and the City Clerk, and shall be sealed with the corporate seal of the City. In the event any officer whose signature shall appear on the Note shall cease to be such officer before the delivery thereof, such signature shall nevertheless be valid and sufficient for all purposes . 5 .03 . Mutilated, Lost or Destroyed Note. In case the Note shall become mutilated or be destroyed or lost, the City shall cause to be executed and delivered a new Note of like outstanding principal amount and tenor in exchange and substitution for and upon cancellation of the mutilated Note, or in lieu of and in substitution for such Note destroyed or lost, upon payment by the holder of the reasonable expenses and charges of the City in connection therewith, and, in case a Note is destroyed or lost, upon filing with the City evidence satisfactory to it of such loss or destruction. 5 .04 . Registration, Assignment and Exchange . The City Clerk shall act as Note Registrar and as such shall maintain a -4- ?I "/ Note Register for purposes of recording the name and address of the owner of the Note . The Note shall initially be registered in the name of the Lender. The Note shall be transferable by the registered owner or its attorney duly authorized in writing upon presentation thereof to the City Clerk together with a written instrument of transfer satisfactory to the City Clerk duly executed by the registered owner or its attorney. The following form of assignment shall be sufficient for said purpose : For value received hereby sells, assigns and transfers unto the within Note of the City of Shakopee, Minnesota, and does hereby irrevocably constitute and appoint attorney to transfer said Note on the books of said City with full power of substitution in the premises . Dated: Registered Owner Such transfer shall also be noted on the Note. Upon request of the registered owner or transferee, and upon surrender of the Note, the City shall execute and deliver one or more other fully registered notes, in denominations of $1, 000 or more (or equal to the outstanding principal amount of the Note, if less than $1, 000) , in an aggregate principal amount equal to the principal amount of the Note which then remains unpaid, and maturing at the same time or times as the then unpaid principal thereof, and the Note shall be promptly cancelled by the City Clerk. No service charge shall be made for such transfer or exchange, but the City may require payment of a sum sufficient to cover any tax, fee or governmental charge or other expense incurred by the City with respect to such exchange. In the event of a request for the issuance of more than one new note upon any such exchange, the City Council shall by resolution make such provisions relative to the form of such notes as shall be deemed necessary or desirable to ensure that the terms of and the security for the indebtedness represented by the Note shall not be varied in any material respect by reason of such exchange. 5 .05 . Delivery and Use of Proceeds . Prior to delivery of the Note, the documents referred to in Section 2 .04 shall be completed and executed in form and substance as approved by the City Attorney and an executed counterpart of each such document shall be delivered to the Lender. The City shall thereupon deliver to the Lender the Note, together with a copy, duly certified by -5- the City Clerk, of this resolution and such closing certificates as are required by bond counsel. Upon delivery of the Note and the above items to the Lender and upon presentation and surrender of the Refunded Note by the holder thereof, the Lender shall remit the proceeds of the Note to the holder of the Refunded Note for the account of the City and the Obligor shall remit such additional funds as may be necessary to redeem the Refunded Note in accordance with its terms, and thereupon the Refunded Note shall be cancelled and delivered to the City Clerk . Adopted this 17th day of July, 1990 . Mayor Attest : City Clerk City Administrator Approved as to form this day of July, 1990 . City Clerk City Attorney -6- g GI,' The motion for the adoption of the foregoing resolution was duly seconded by Councilmember and, upon vote being taken thereon, the following Councilmembers voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted and was signed by the Mayor, which signature was attested by the City Clerk. -7- MEMO TO: Dennis R. Kraft, City Administrate FROM: Lindberg S. Ekola, City Planner RE: Park Dedication Fees on Replats DATE: July 13 , 1990 INTRODUCTION: Mr. Jon Albinson of Valley Industrial Realty is requesting that the City Council review the policies on Park Dedication Fees for replats. Attached is a copy of Mr. Albinson' s letter which provides his overview to the issue of paying additional Park Dedication Fees on property being replatted. Also attached is the February 14 , 1990 letter from Julius Coller, the City Attorney, in response to the specific case Mr. Albinson refers to in his letter. BACKGROUND: In addition to Mr. Albinson' s letter, staff provides the following supplemental information. 1. What is a replat? This term is not specifically defined in the state statutes, nor in the City Code. The term "replat" has been used generically in several land divisions applications. It is suggested that the land division terminology be clarified. The City Staff suggests the following urban land division terminology. 1. Subdivision Plat - The initial division of land from a metes and bounds description or government survey to a lot, block and subdivision name description. 2 . Replat - a reconfiguration of lot lines only. 3 . Resubdivision Plat - a reconfiguration of lot lines and streets. If unplatted land is being added to previously platted land the term resubdivision plat should be used also. 4 . Lot Division - A splitting of a platted recorded lot into two to five lots. 2 . What State Statutes apply to Park Dedication Fees? Park Dedication Fees are controlled under State Statute Section No. 462 . 358 , Subd. 2 - Dedication. This Section of the state law is attached to this memo. The state law provides " (A) A municipality may choose to accept an equivalent amount in cash from the applicant for part of or all of the portion required to be dedicated to such public 1 II e uses or purposes based on the fair market value of the land no later than at the time of final approval . " 3 . What City Codes regulate Park Dedication Fees? Section 12 . 07 Subd. 5 of the City Code regulates Park Dedication Fees. Paragraph A describes the land dedication requirements. Paragraph B allows a fee in lieu of land dedication and sets the fee schedule. Paragraph C states, "C. When structures are constructed on property which has previously been platted and on which plat no park dedication in cash or land was given to the City, a park dedication fee in accordance with the schedules hereinbefore set forth shall be paid at the time the building permit is issued. If the park dedication has been previously satisfied at the time of platting in accordance with the requirements then in existence, then no further fee shall be levied. " DISCUSSION: What is the City' s current policy on the payment of Park Dedication Fees for replats? Canterbury Park 4th Addition provides precedence on this issue. It should be noted that unplatted land was being incorporated into the new subdivision plat for Canterbury Park 4th Addition. According to the February 14th letter from the City Attorney, the submitted "replat" was viewed as a new plat and the new park dedication fees currently in force should be paid with credit being given to amounts previously paid. The resolution for Canterbury Park 4th Addition required the following: 3 . The developer shall pay cash in lieu of land dedication for park purposes, minus any park dedication fees paid previously. Park fees for Lot 2 shall be paid prior to the recording of this plat. Park fees for Lot 1 may be paid at the time a building permit is issued. Is the park dedication fee a one time only payment for a developer through the subdivision platting process in Shakopee? Or should additional fees be collected with the replatting or resubdividing process? This question is the central policy issue involved with this memo. In reviewing state laws on park dedication fees one could imply 2 that the value at the time of final approval of the subdivision plat be the amount of the park dedication fee. The park dedication fees were amended in 1984 . The fees remained at this rate until the recent fee increase was approved by the City Council in January of this year. With the recent increase in fees the resubdivision ("replatting" - generic terminology) of Canterbury Park 4th Addition became the first subdivision plat to encounter the additional park dedication fees as created by the new increased fee schedule. It is almost certain that other landowners in the community will request to reassemble their property lines in the platting process and the issue of additional park dedication fees will reoccur. The timing of payments (with subdivision play approval or building permits) and the method of land division (subdivision plats, registered land surveys, metes and bounds, etc) both complicate the issue of park dedication fees. A goal of the City should be to administer the division of land within its boundaries with the appropriate means - urban land division/subdivision platting process and rural land/government survey. For property within the MUSA line the City should encourage the subdivision platting process for improved development review as well as a better designed land division pattern. The need to clarify the City' s policies and ordinances in the division of land is critical, essential and an ongoing task. This issue is just one example of the clarification work needed. Creating varying time frames for the payment of park dedication fees and additional payments in replatting makes the administration process more difficult. The development community is requesting consistency. More study, research, and policy development in the land division process is needed to provide better consistency. Clearly defined terminology and procedures also build that consistency ALTERNATIVES: On the payment of additional park dedication fees several alternatives can be created. 1. On all replats and resubdivision plats the current park dedication fee will be required minus any previously paid fees. This alternative would continue the procedure set in the Canterbury Park 4th Addition. 2 . On all replats and resubdivision plats where park dedication fees have been paid or have been addressed in a developer' s agreement approved by the City Council, no further payments will be required. This would be opposite of alternative #1. 3 qP i 3 . Only on replats and resubdivisions where an increased demand on parks and open space will be created by the new land division pattern will an additional park dedication fee be required. RECOMMENDATIONS: Staff recommends Alternative #3 . Additional park dedication fees should only be required if the new development will increase demands on parks and open space. An example of this would be if a previously platted subdivision for single family residential were replatted for multi family residential projects. The increased density would certainly merit the need for increased fees. If the same basic density/intensity is proposed in the replat, additional fees become a form of double taxation. ACTION REQUESTED: 1. Direct staff to further develop an amendment based on Alternative #3 . 4 JULIUS A. COLLER. II JULIUS A.COLLER ATTORNEY AT LAW 612.442.1244 1859-1940 211 WEST FIRST AVENUE SHAKOPEE. MINNESOTA 553Z9 February 14, 1990 Ms. Janelle Szklarski Planning Intern Shakopee City Hall 129 East First Avenue Shakopee, MN. 55379 Dear Ms. Szklarski I have your letter of February 12th again concerning the question of whether or not new park dedication fees could be assessed against property which is being replatted even though the previous park fee requirement has been satisfied and you further comment that the Planning Commission requests that I look into the matter further and that I cite applicable sections of the City Code or State Statute to support the interpetation. By"the interpetation" I assume you mean mine. Under date of February 1, 1990 I replied that"I view a replat as a new plat and it follows that park dedication fee would be according to the schedule in force at the time the replat is presented for approval and acceptance." Upon further reflection and at a risk of being over simplistic I probably could have stated for verification that if the new schedule or fee is higher than the previous classification, credit, of course, should be given for the amount previously paid. No part of our Code has been subject to judicial interpetation and hence no specific citations are available on this point. Likewise, the Statutes are also silent on this point and for our answer we have to consider basically what a replat is and its effect to the question you ask. A plat is a plan or map of a given area of land; it is a division of land into smaller pieces. A replat is a new plat filed over an original or existing plat or a part of one and supersedes the original plat or the portion thereof covered by the replat thus taking the place of the original plat or a portion thereof. Gannett v Cook 61 NW 2nd 703; 245 Iowa 750 Kane v State 55 NW 2nd 333; 237 Minn 261 Northern Indiana v McCoy 157 NE 2nd 181 239 Ind. 301 Words and Phrases 32A page 233 and supplement. Our Code 12.07 (5) provides that all plats which include residential, commercial and industrial uses or any combination thereof should provide a reasonable portion of such proposed subdivision to be dedicated for public use as park, playground or public open space. The City shall have the option of requiring a cash contribution in lieu of a land dedication. Janelle Szklarski February 14, 1990 Clearly, subparagraph C of Section 12.07 of the Code applies to a situation where you are altering area by constructing a building on the property. This is not what is being considered here. Very truly yours, Julius A. Coller, II Shakopee City Attorney JAC/nh NM. )1" VALLEY INDUSTRIAL REALTY - - June 20, 1990 frtiUN 2 1990 C• , , OF SHgKOPE Mr. Lindberg Ekola City Planner City of Shakopee 129 East First Avenue Shakopee, MN 55379 RE: Park Dedication Fees - Replats Dear Lindberg: In our meeting of June 12, we discussed a number of issues concerning the proposed plat of Valley Park 10th Addition. One of the issues discussed was an inconsistancy that deals with park dedication fees as they may relate to replats on land where a structure already exists. As an example, I would offer the recent plat of Canterbury Park 4th Addition, a replat of the Canterbury Inn Hotel parcel as one which has inconsistancies I would like to address with the City so as to hopefully eliminate any future confusion on our part and for other developers if similar circumstances arise in the future. This issue will also be presented to the Council with the proposed plat of Valley Park 10th Addition. I therefore request staff consider approaching Council with our concerns to clarify the issue and correct what we believe may very well be an inaccurate definition for replats as they relate to park dedication fee requirements . Therefore, please consider the following: The plat of Canterbury Park 4th Addition was a replat of Lot 1 and Lot 2 , Block 2 - Canterbury Park 2nd Addition into Lot 1 and Lot 2 , Block 1 - Canterbury Park 4th Addition. This plat was a replat of the two existing lots plus additional unplatted land for which park dedication fees had never been paid. Park dedication fees were paid on the land which was part of Canterbury Park 2nd Addition back in 1985. In the process of replatting Canterbury Park 2nd Addition, it was determined by the City Attorney that a replat is to be interpreted as a new plat and, therefore, the new structure for park dedication fees should be applied. We discussed the point and definition at length with 1244 Cantercury Rd., P.O. Box 509, Shakopee, MN 55379 •Bus.: 612-445-3242 June 20, 1990 Page 2 staff and with Mr. Collar, but to no avail. I therefore, as a by-product of this replat, was required to pay the substantially higher park dedication fees, which were applied to Lot 1, Block 1 Canterbury Park 4th Addition, to be paid upon development. It is my request that the platting of additional land for Valley Park 10th Addition that will expand the legal boundaries of two existing, previously developed parcels of land, 1) the Toro property, and 2) the Valley Industrial Center 3 property be considered for interpretation. I understand that the additional land to be added to these parcels should pay park dedication fees based on the new park dedication fee structure provided for in the City Zoning ordinances, but I believe the previously developed parcels should be excluded from any additional park dedication fee requirements. There are a variety of circumstances that would lead developers to replat land on which development has already taken place. A prime example is the above referenced Canterbury Park 4th Addition plat. The Toro parcel and Valley Industrial Center 3 parcel currently are meets-and- bounds property. It would seem to be everyone's best interest, from a planning standpoint, to eliminate these meets-and-bounds parcels and get them subdivided accordingly. I sincerely hope the issues we have put forth warrant further consideration by City staff and Council . I therefore request staff bring this issue to the attention of the City Council for their feedback and input. Your attention to this matter will be greatly appreciated. Respectfully, V LLEY INDUSTRIAL REALTY s__//C-Y\. Ton R. Albinson Broker/Manager c.c. Dennis Kraft Dick Peterson Ron Zamansky Brian Brennan . A-- ._ PMNNING. ZONLNG § 462.358 1 ments will be constructed or installed according to the specifications of the municipality. Sections 471.345 and 574.26 do not apply to improvements made by a subdivider or a subdivider's contractor. The regulations may permit the municipality to condition its approval on compliance with other requirements reasonably related to the provisions of the regulations and to execute development contracts embodying the terms and conditions of approval. The municipality may enforce such agreements and conditions by appropriate legal and / equitable remedies. Subd. 2b. Dedication. The regulations may require that a reasonable portion of any proposed subdivision be dedicated to the public or preserved for public use as streets, roads, sewers, electric, gas, and water facilities, storm water drainage and holding areas j or ponds and similar utilities and improvements. `I In addition, the regulations may require that a reasonable portion of any proposed I subdivision be dedicated to the public or preserved for conservation purposes or for public use as parks, playgrounds, trails, wetlands, or open space; provided that (a) the munici- ,«.; pality may choose to accept an equivalent amount in cash from the applicant for part or (r.�. .Q all of the portion required to be dedicated to such public uses or purposes based on the fair market value of the land no later than at the time of final approval, (b) any cash payments received shall be placed in a special fund by the municipality used only for the purposes for which the money was obtained, (c) in establishing the reasonable portion to • be dedicated, the regulations may consider the open space, park, recreational, or common areas and facilities which the applicant proposes to reserve for the subdivision,and(d) the ' municipality reasonably determines that it will need to acquire that portion of land for the purposes stated in this paragraph as a result of approval of the subdivision. Subd. 3. Repealed by Laws 1980, c. 566, § 35. Subd. 3a. Platting. The regulations may require that any subdivision creating par- cels, tracts, or lots, shall be platted. The regulations shall require that all subdivisions which create five or more lots or parcels which are 2-1/2 acres or less in size shall be platted. The regulations shall not conflict with the provisions of chapter 505 but may address subjects similar and additional to those in that chapter. Subd. 3b. Review procedures. The regulations shall include provisions regarding the content of applications for proposed subdivisions, the preliminary and final review and approval or disapproval of applications, and the coordination of such reviews with affected political subdivisions and state agencies. The regulations may provide for the consolidation of the preliminary and final review and approval or disapproval of subdivi- sions. Preliminary or final approval may be granted or denied for parts of subdivision applications. The regulations may delegate the authority to review proposals to the planning commission, but final approval or disapproval shall be the decision of the governing body of the municipality unless otherwise provided by law or charter. The regulations shall require that a public hearing shall be held on all subdivision applications prior to preliminary approval, unless otherwise provided by law or charter. The hearing shall be held following publication of notice of the time and place thereof in the official newspaper at least ten days before the day of the hearing. At the hearing, all persons interested shall be given an opportunity to make presentations. A subdivision application shall be preliminarily approved or disapproved within 120 days following delivery of an application completed in compliance with the municipal ordinance by the applicant to the municipality, unless an extension of the review period has been agreed to by the applicant. When a division or subdivision to which the regulations of the municipality do not apply is presented to the city, the clerk of the municipality shall within ten days certify that the subdivision regulations of the municipality do not apply to the particular division. If the municipality or the responsible agency of the municipality fails to preliminarily approve or disapprove an application within the review period, the application shall be deemed preliminarily approved, and upon demand the municipality shall execute a certificate to that effect. Following preliminary approval the applicant may request final approval by the municipality, and upon such request the municipality shall certify final approval within 60 days if the applicant has complied with all conditions and requirements 137 `k.... as ociation of metropolitan municipalities July 6, 1990 Mr. Dennis Kraft City Administrator 129 E. 1st. Ave. Shakopee, MN. 55379 Dear Dennis: We want to know what you think, and in order and to provide you the direct opportunity to share your input with the AMM Board and staff you are invited to a breakfast meeting on Tuesday, July 24th. at 7 : 30 A.M. We will be meeting in the Ballroom at the Burnsville Holiday Inn, 14201 Nicollet Ave. , Burnsville. (N.W. quadrant of the I-35E and Co. Rd. 42 intersection) . This "get-together" , one in a series of area meetings sponsored by the Association of Metropolitan Municipalities (AMM) , has several purposes: 1. To provide you with the means to help establish the yearly AMM agenda and work program. Legislative issues raised at this meeting will be forwarded to the appropriate policy committees. 2 . To appraise you of major upcoming program and issue priorities as seen by the Board and Staff. 3 . To discuss and receive your input with respect to the AMM Mission and Services Task Force Report recommendations which were released at the Annual Meeting and previously mailed to each member city. We expect this to be a very informal gathering with lots of give and take and hope you will attend and share your ideas with us. Please extend this invitation to members of your City Council as well. 183 university avenue east, st. paul, minnesota 55101 (612) 227-4008 This invitation is being sent directly to Mayors, Managers/Administrators and the designated Legislative Contact person for your city. All reservations must be made with Carol Williams at 227-4008 by Friday noon July 20, 1990. Most Sincerely, Z.WV604..JZ Larry B ken, AMM President Bernie Peroz , AMM Boardmember Golden Valley Councilmember Burnsville Councilmember Gene White, AMM Boardmember Prior Lake Councilmember IL a) MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: 1st Avenue Traffic Improvements DATE: July 12 , 1990 INTRODUCTION & BACKGROUND: On July 3 , 1990 the City Council of Shakopee received the attached correspondence from the Shakopee Chamber of Commerce requesting that temporary improvements be made to 1st Avenue to improve the traffic flow until the new bridge is constructed. The improvements requested consist of: ® No parking on the north side of 1st Avenue from Lewis Street to Holmes Street to create a free flowing right turn lane. • No left turns at Holmes or Lewis between 4 : 00 P.M. and 6: 00 P.M. This issue along with other suggested improvements, had been previously discussed by the City Council in 1988 and rejected due to opposition from the majority of the downtown merchants. Because of that previous discussion, the City Council directed staff to notify all downtown merchants of the Chamber of Commerce request so their input could be solicited prior to any Council action on the request. Council , further directed staff to bring this item back to Council at their July 17 , 1990 meeting. Staff has notified all of the downtown merchants within an area between Sommerville and Atwood Streets and between 1st Avenue and 2nd Avenue of the requested improvements and of the July 17 Council meeting. To provide Council with additional background information, staff has attached several memos and correspondence from the 1988 discussion on this issue. ACTION REQUESTED: Discuss the requested improvements with the downtown merchants and take the appropriate action. DH/pmp DOWNTOWN /DcG8h �. hakopee CHAMBER OF COMMERCE CONVENTION & VISITORS BUREAU June 27 , 1990 Dear Mayor Laurent and Members of the Council : A subcommittee of the Shakopee Area Chamber of Commerce recently met with members of the Shakopee Police Department, Minnesota State Highway Patrol , Renaissance Festival , Canterbury Downs, and Valleyfair to discuss a temporary solution to the traffic congestion problems in downtown Shakopee. Although the new Highway 169 bridge and the Highway 101 by-pass will permanently alleviate most traffic problems in Shakopee, it was felt by this group that perhaps something could be done before completion of the major highway improvements in 1993 . The possibility of having a uniformed officer at the intersection of Highways 169 and 101 was discussed, however, due to cost of hiring an additional officer and the set up of the intersection, it was felt that an officer would not be effective. The following options were discussed and are recommended by this group as a positive step towards enhancing the traffic flow in downtown Shakopee: * No left turn on to Holmes Street and Lewis Street when travelling west on Highway 101 between 4 : 00 pm and 6 : 00 pm weekdays. It was also recommended that no left turns be allowed on the weekends during the Renaissance Festival as needed during heavy traffic periods. * No parking on the North side of the first block of First Avenue. It was also recommended that striping be painted on the North side of the street to clearly mark the two lanes, one specifically for turning right. Thank you in advance for your time and consideration of this matter. Sincerely, /v /U �C"GG-.;�,,1 Randy Laurent, President, Shakopee Area Chamber of Commerce 1801 Trunk Hwy. 101 P.O. Box 203 Shakopee. Minnesota 55379 612-445-1660 • MEMO: John K. Anderson, City Administr . tor .► FROM: Dave Hutton, City Engine- �r SUBJECT: Interim Improvements to Hwy. 101/ 169 Intersection DATE: September 1 , 1988 INTRODUCTION: This memo is a follow up to several previous discussions by City Council regarding proposed temporary improvements to the Hwy . 101/ 169 intersection. BACKGROUND: In May , City Council directed staff to explore possible temporary improvements to the 101/ 169 intersection with Mn/DOT. Staff informed Council of several proposed alternatives in a memo dated June 27 , 1988 . Council then set a public hearing for July 26 , 1988 to receive public comments on the proposed alternatives. Consequently, City Council discussed this issue again on August 16 , with the Police Chief and Mn/DOT Traffic Engineers present. Council then directed staff to explore two possibilities • Prohibiting left turn movements from 1st Avenue to southbound traffic on Sommerville, Lewis , Holmes and Fuller Streets. • Prohibiting parking on 1st Avenue during peak times. Staff would like to discuss each of these items as well as summarize all of the discussions and public comments received to date . Prohibit Left Turns Onto Sommerville. Lewis, Holmes and Fuller According to Mn/DOT, this will have a minimal impact on improving the traffic flow , but can easily be implemented with signs . Enforcement may be dif ficuilt due to current congestion in this area. Several people have suggested adding left turn arrows to Lewis and Holmes. Mn/DOT has indicated that these cannot be added to the current signals without major modifications and possibly replacement. In addition, Mn/DOT has indicated that this would worsen the situation at Holmes Street by taking away additional "green time" from that intersection to allow a green arrow. Mn/DOT is not willing to add the left turn arrows for those reasons , but indicated that adding signs to prohibit left turns could be done if the City desired . 101/169 Intersection ?"' Sept. 1 , 1988 Page 2 Prohibiting Parking on 1st Avenue During "Peak Times" According to the Mn/DOT traffic counts, there are no clear cut peak traffic times or the peak varies from day to day depending on if the racetrack is open or not. In addition, it would be extremely difficult to mark the lanes and add appropriate signing to obtain a fifth traffic lane during certain periods of the day and no extra lane during other periods. Mn/DOT is unwilling to consider this alternative due to the potential confusion to motorists and difficulty in delineating traffic lanes during "parking" and "no parking" periods. Summary of Proposed Improvements 1 . Completely eliminate parking on both sides of the street from Lewis to Fuller. There have been several comments and remarks regarding this proposal that staff would like to summarize • Improved Traffic Flow. Mn/DOT has indicated that this would improve the traffic flow thru this intersection by about 15% . Several people have commented to staff that even though the intersection will operate better , there would still be congestion at the 2-lane bridge and also at the points on 1st Avenue where the traffic has to merge from 5 traffic lanes to 4 . This is true at the bridge. Enabling more traffic to pass thru the intersection does not help the congestion due to merging traffic at the bridge , but if the traffic can at least get thru the light and merge� at their own pace , it will improve the overall traffic flow through the intersection. The potential congestion due to merging traffic at Fuller and Lewis caused by 5 lanes going to 4 lanes will not occur because there would still be 4 thru lanes at these intersections . The fifth lane would be used for turning lanes only , at the intersection, not thru traffic . • Vehicular Safety. Mn/DOT has provided staff with the accident report for 1st Avenue between Atwood and Sommerville for the last 3 years . There have been 8 accidents involving parked cars along this 101/169 Intersection 107— Sept. 1 , 1988 Page 3 stretch with 5 of the accidents being between Lewis and Holmes Street. The number of accidents may be deceptively low because many motorists may choose to not park on 1st Avenue due to the congestion and potential for accidents. • Pedestrian Safety . While it is true that parked vehicles can act * as a buffer to pedestrians , I don' t believe a parked car will be able to stop a loaded semi from climbing the sidewalk . It is true that vehicles traveling next to the curb are more dangerous to pedestrians than if they were 6- 8 feet away from the curbs . Conversely , parked cars tend to "hide" pedestrians trying to cross the street in midblock or trying to get to the drivers side door. • Noise and Air Pollution. Eliminating parking will not increase the amount of air and noise pollution that already is a problem downtown . The same number of vehicles will be passing through the downtown area in either case . • Impact on Downtown Businesses. Eliminating the parking will definitely impact on the businesses fronting on 1st Avenue . The extent can only be speculative at this point. Again, the problem has existed for some years now and with the minibypass scheduled for 1990 construction the Council must decide if the net short term benefit to the overall community outweighs the possible negative impact to the downtown businesses. 2 . Closing Holmes Street to through traffic (right turns in and right turns out of Holmes) This improvement will have the biggest impact on the intersection improving the traffic flow by 18-20% . The main reason is that more "green time" can be alloted to the other three legs of the intersection thereby improving the overall traffic flow . Mn/DOT continues to stress that this improvement will provide the greatest benefit with the least amount of negative impacts. It has been stated by various people that closing Holmes Street to through traffic will seriously overload Lewis and Fuller Street. Actual traffic counts taken by Mn/DOT during the reconstruction of Holmes Street proved differently . Lewis and Fuller did not increase at all during the 101/ 169 Intersection Sept . 1 , 1988 Page 4 closing of Holmes Street . Motorists throughout Shakopee found alternative routes to get to 1st Avenue, depending on where they lived in town . With adequate publicity and signing , Mn/DOT feels that closing Holmes Street is a very workable alternative and a big improvement to the intersection. The businesses along Holmes Street may or may not be impacted , but motorists would still have access to Holmes Street and full parking rights would exist on both Holmes and 1st Streets. Another alternative would be to allow southbound traffic to go into Holmes , but prohibit northbound traffic only. 3 • Restricting left turns off the bridge into the alley behind City Hall would improve the traffic backup on the bridge , though minimally , and is still a viable alternative . ALTERNATIVES: 1 . Eliminate parking completely on 1st Avenue from Fuller to Lewis. 2 . Retain all parking . 3 . Eliminate parking on the north side of 1st only, from Fuller to Lewis. This would enable a full right turn lane to be created along this block, while the businesses on this side of the street would still have some parking behind their buildings . 4 . Close Holmes to all through traffic. 5 . Close Holmes to northbound through traffic only. 6 . Prohibit left turns( from 1st Avenue to Sommerville , Lewis, Holmes & Fuller Streets. (or any combination) 7 . Prohibit left turns from the bridge into the alley behind City Hall. 8 . Do Nothing . RECOMMENDATIONS: Staff recommends Alternatives 5 and 7 as a minimum to close Holmes Street to northbound through traffic and to prohibit left turns from the bridge into the alley behind City Hall. Staff also feels that prohibiting left turns from 1st Avenue would help alleviate traffic congestion (Alternate 6 ) , but rather than prohibit it at all 4 intersections, it should be prohibited at lyo,, 101/169 Intersection Sept. 1 , 1988 Page 5 the two intersections with signals (Lewis and Holmes) . Staff also feels that strictly from a traffic flow standpoint , parking should be eliminated on 1st Avenue from Lewis impact to ler er but Council must weigh all factors including downtown businesses. While there are certainly pros and cons to all of the proposed temporary improvements, staff feels that the overall community would benefit greatly to improving the downtown traffic congestion. The traffic problem has been around for some time now, but every year it gets worse as the communities south of the river expand and develop. The main question is does the City Council feel strongly enough about improving the traffic downtown in the interim until the mini-bypass is open ( 2 , 3 , 4 years down the road ) or are they comfortable with the situation as it is for the next several years . ACTION REQUESTED: Discuss the proposed improvements to improving the traffic flow downtown and decide which improvements are justified based on all pros and cons . Move to direct staff to implement those improvements that Council feels are justified or move to end this issue once and for all , rather than consuming more of staff' s , Mn/DOT's and Downtown Business ' s time in exploring further u: alternatives. DH/pmp INTERSECT T0: THE CITY COUNCIL & CITY STAFF /7/../ FROM: CONCERNED DOWNTOWN BUSINESS PEOPLE (LIST ATTACHED) / 9' DATE: AUGUST 25, 1988 RE: THE CURRENT PROPOSAL FOR TRAFFIC CHANGES TO FIRST AVENUE TRAFFIC This is a unified position of concerned downtown business people on First Avenue and adjoining streets. The attached represents the position of this group concerning the proposals currently before the City Council . This group recognizes that like many other communities Shakopee has traffic problems , particularly along First Avenue. While we share the Council 's concerns regarding traffic flow along First Avenue, it is our position that the current proposals while they may or may not improve that traffic flow, will cause severe and perhaps irreparable harm to Downtown and Shakopee as a community. We ask that we are all notified of the next City Council meeting regarding this proposal . . PROHIBITING PARKING ON FIRST AVENUE DURING BUSY TRAFFIC HOURS ON MONDAY THRU SATURDAY AND PROHIBITING PA 'NG ENTIRELY ON FIRST AVENUE Or 'UNDM (Sommerville to Atwood?) IMPROVED TRAFFIC FLOW: A. Instead of having four lanes of congestion, there will be five lanes of congestion and this hardly seems like an improvement. B. No matter how many lanes there are trying to get vehicles out of town, there is only a 2-lane bridge. You will be trying to funnel more traffic than the bridge can handle. That fact is, there are far more cars passing over these roads than they were ever meant to handle. SAFETY : A. Traffic will not be too close to cars, but too close to pedestrians and buildings . Can you imagine the dangers to people and buildings that would be created by a loaded grain truck travelling curbside (hopefully the speed limit) . B. The debris that could be launched through the air could be much more hazardous than now. C. The noise and pollution on First Avenue are bad enough now but add another lane of traffic and bring traffic up to the curb, the situation would be unbearable and possibly dangerous . D. Rather than being a hazard, parked cars actually act as a buffer. E. If crossing First Avenue is difficult now, adding another lane of traffic can hardly make it easier. Instead of four lanes blocking inter- sections , there will be five. F. SPEED is a definite problem now. It's no secret that 40-45 mph is common on First Avenue. If parking is eliminated and First Avenue is opened up, it may well encourage speeding . Rather than solving the problem it may make it worse. IMPACT ON DOWNTOWN BUSINESSES : With parking at such a premium in Shakopee, we don't believe we can afford to eliminate any spots . The parkin§ related accidents in recent years have been very minimal . If people want to park on First Avenue, let them make the choice. Let us as businesspeople make or break our business . Don 't legislate us out of business . **Legal Action: How can Shakopee be negligent for allowing parked -cars where they have been for over 50 years . But if you change from the norm, banning parking , encouraging speeding , bringing traffic curbside""' NO LEFT TURNS FROM FIRST AVENUE ONTO THE FOLLOWING STREETS SOMMERVILLE LEWIS HOLMES FULLER THE DETRIMENTAL AFFECT TO DOWNTOWN BUSINESSES by discouraging west-bound traffic from entering the downtown community is apparent. TRAFFIC FLOW : With narrowing the choice of turning left to two or three streets in the center of our City, the current practice of turning when there is an opening would be eliminated . This does not alleviate back-up. It only places it. SAFETY : This is a valid concern . Perhaps the consideration here should be a le turn arrow to help our citizens enter their own town safely. We provide this convenience for all traffic but that wishing to enter the City through the Downtown area . WE BELIEVE THE FOLLOWING STEPS WOULD HELP MAKE THE TRAFFIC PROBLEM ON FIRST AVENUE MORE MANAGEABLE: 1 . Strict and aggressive enforcement of the speed limits and traffic viola- tions along First Avenue. Nothing discourages speeding more effectively than getting or seeing someone get a citation. Posting signs informing the motorists that our speed limits are strictly enforced would also be helpful . 2. Striping the parking lane to define it more clearly would create better awareness of where the traffic belongs . This would make the parking safer. 3. Installation of left turn signals for west-bound traffic. SUMMATION There has been traffic congestion in the area for years, and may be for years to come . It is simply a case of too many vehicles on roads that were never designed to carry the existing traffic volume. Don 't penalize the citizens of Shakopee for something they did not create. We are convinced that elimination of parking on First Avenue, even on a temporary or partial basis , would be devastating to businesses in the area . Shopping is a habit. . . .once the habit is broken, it is difficult to get people back into it. There are already vacant stores along First Avenue. . . . Please don' t add to that number by legislating even one of us and our employees out of business . C D TAXIDERMY 212 East First SHAKOPEE BOWL 22 _ast First Sport STOP 101 South Lewis VIDEO VISION 1147 Harrisson BERENS 123 West 2nd VALLEY SPORTS 102 First Ave W THE COUNTRY COLLECTION 213 E First ANTIQUES EASTMAN DRUG 214 S Holmes JIM & LUCY 'S 201 W First WAMPACHS 126 W. First BRAMBILLAS - " " 114 N Holmes RUEHLE JEWELERS 201 E. First RIVERSIDE TV & APP. 125 E. First FONDER CARPET 120 E First PARKSIDE PRINTING, INC. 123 East First JOHN PERRY AGENCY 120 East First PERRY & ROG'S BARBER SHOP 105 South Lewis GAIL ANDERSON OWNER OF VIDEO VISION BUILDING THE TOLLBRIDGE 102 East First GESSWEIN AUTO SALES 131 West First GARY LAURENT 128 South Fuller EAGLE PET SHOP 126 East First MARY 'ANN'S QUILT SHOP 126 South Holmes 125-1/2 DR. JANU East First Avenue TOM REIN 119 First Avenue East TOM'S BARBER SHOP SHAKOPEE BAKERY 114 East First SILLS TO3GERY 138 South Lewis P;' .SON FLORISTS 112 South Sommerville i JO MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: 1990/1991 Strategic Plan DATE: July 5, 1990 INTRODUCTION: On July 3 , 1990 the City Council directed staff to make several changes to the 1990/1991 Strategic Planning Analysis and submit the report back to them for their final approval at their next meeting. BACKGROUND: The 1990/1991 Strategic Planning Analysis identifies the top nine issues facing our community. These issues have been structured into goals for the City of Shakopee. Objectives have also been identified for the City to pursue in accomplishing and reaching their goals. On July 3 , 1990 the Shakopee City Council suggested several amendments to the 1990/1991 Strategic Planning Analysis as originally submitted by staff. Staff has made the changes as recommended by City Council and is recommending approval of the 1990/1991 Strategic Planning Analysis at this time. ALTERNATIVES: 1. Approve the 1990/1991 Strategic Planning Analysis. 2 . Amend the 1990/1991 Strategic Planning Analysis and move it ' s adoption. 3 . Amend the 1990/1991 Strategic Planning Analysis and direct staff to submit the Analysis back to City Council for their final approval at their next meeting. STAFF RECOMMENDATION: Staff recommends alternative # 1. ACTION REQUESTED: Move to approve the 1990/1991 Strategic Planning Analysis. I ?- 1990/91 fir' 1990/91 STRATEGIC PLANNING ANALYSIS Goal #1 - To eliminate over crowding in City Hall, to meet handicapped accessibility standards and to improve the community' s image, construct a new city hall. Objectives 1. Identify a site by for a City Hall facility by August, 1990 . 2 . Based upon the site selected for a City Hall facility implement a decision strategy to ensure occupancy in as timely manner as possible. Goal #2 - To provide for the orderly development of Shakopee, complete, adopt and implement the comprehensive plan and subsequent amendments to the City Code. Objectives - 1. Secure City Council approval of the Comprehensive Plan by September, 1990. 2 . Secure Metropolitan Council approval of the Comprehensive Plan by December, 1990. 3 . Provide the necessary staff resources to complete a major overhaul of the Zoning Ordinance by the fall of 1991. Goal #3 - Develop a program which will improve internal and external communications as well as the community' s image. Objectives - 1. Quarterly distribute a Community newsletter to Shakopee residents using bulk-rate mail . 2 . Set up a formal press release program which would be utilized to announce positive events occurring in our community. 3 . Continue to have Mayoral and Council representation at as many public functions as possible. 4 . Develop a citizenship program which recognizes extraordinary examples of volunteerism or community support and have an awards banquet or similar event to recognize those individuals. 5. In addition to the employee picnic, annually conduct an open house for City Hall and Public Works/Police buildings. This program would allow Council to informally mix with City personnel and give Council a better understanding of the employment classifications and corresponding job duties and responsibilities. 6. Semi-annually conduct a one hour worksession with department heads to discuss objectives, issues and problems. Goal #4 - Develop plans and programs which will stimulate industrial development. Objectives - 1. Continue to work with the Chamber to retain our existing industries working towards a positive working relationship between all parties and developing an awareness amongst our existing industries that the City of Shakopee is concerned about their well-being and problems that they may be experiencing. 2 . Investigate working with other communities in Scott County to create an Economic Development Coaltion. Said coalition would be able to obtain membership in the Twin Cities Certified Development Corporation. Said membership would provide access and development assistance to small businesses interested in low interest loans. Fees collected from loans processed would generate revenues for the Development Coaltion that could be that could be utilized to market the Scott County Area. 3 . Develop an Economic Development Activity Report that could be distributed to brokers and realtors on a semi-annual basis. Goal #5 - To improve the economic vitality of the Downtown area, develop plans and programs for the elimination of downtown blight and the rehabilitation of the area. Objectives - 1. Continue to support the Downtown Rehab Grant program through 1991 at its current level of financing commitment. ($50, 000 total available funds) 2 . Consider hiring a consultant to analyze the redevelopment potential of the existing buildings in the Downtown Area developing a property inventory rating the preservability of the existing buildings in terms of cost and market conditions. 3 . Following the completion of the property inventory, consider hiring a consultant to analyze the parking needs in the Downtown area and subsequent development costs associated with suggested improvements. )d- 't 4 . Work with the County to maintain the location of all County Services presently provided at the Courthouse within the institutional area. 5. Encourage and support the development of high density multi- family development within or adjacent to the Downtown and Institutional areas. 6. Establish a program to acquire non conforming uses identified in the property inventory analysis as they become available on the market. 7 . Acquire the railroad depot and offer it for sale to a developer interested in rehabilitation and relocation to a site within the B-3 zoning district. 8 . Continue to solicit and contact developers interested in pursuing development projects in the downtown/institutional area. Goal #6 - Develop a program which will ensure that quality services are being provided to Shakopee residents at the lowest possible cost. Ob-lectives - 1. Continue to practice the frugal budgeting practices that City Council and City Staff have been accustomed too. 2 . Have each department head meet with their employees in a one hour meeting to brainstorm on methods for reducing costs and increasing revenues. Assemble all ideas and have a one hour worksession with City Council and Department heads to continue brainstorming session and adopt specific ideas for implementation. 3 . Continue to inform residents of our fiscal disparity dilemma and continue to lobby on this issue whenever the opportunity arises. 4 . Pursue local, state and federal grant programs whenever it is economically prudent to do so. 5. Periodically evaluate whether quality services are being provided at a reasonable cost. Goal #7 - Develop plans and programs which will provide quality park and recreation programs, services and facilities to our residents. Objectives - 1. Provide necessary staff support to provide smooth transition from the Joint Rec. Board to the newly established Park and Recreation Advisory Board. 2 . Continue to encourage community organization commitment to developing our parks. 3 . Develop a plan to ensure that all organizations or individuals are recognized publicly for their financial contributions or in-kind support. 4 . Encourage the Park and Recreation Advisory Board to develop financing mechanisms which support program expansions and new park development. Goal #8 - Develop programs which will provide for the enforcement of the City Code and a means to ensure code compliance in those cases where violations are apparent. Objectives - 1. Amend the City Code where it is no longer effective in terms of enforcing code compliance. 2 . Consider hiring a code enforcement officer in 1991 to handle both zoning violations and nuisance complaints that are commonly referred to the police department. Goal #9 - Develop programs or policies which will foster intergovernmental cooperation in an effort to reduce overlapping responsibilities and sharing information which may reduce the financial impact on the various taxing jurisdictions in our area. Objectives - 1. Continue to have a Council liaison in attendance at the County and School Board Meetings. 2 . Conduct an annual joint meeting with the School Board and to discuss capitol improvement issues and the financial condition of the various jurisdictions given their taxing abilities. 3 . Conduct an annual meeting of the administrative directors (Dept. heads) from the County, City and School in an attempt to identify areas where duplicative services are being provided in an effort to consolidate services whenever possible and reduce costs. MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Shakopee Derby Days DATE: July 12 , 1990 INTRODUCTION: Since last fall the Chamber of Commerce Derby Days Committee has been working hard to coordinate this year' s Derby Days Celebration. The dates for this year' s celebration are August 3 - 5 . The Derby Days Committee has requested that I share with the City Council the major activities and events planned for this year' s celebration. The Committee would also like to request City Council ' s consideration of several in-kind contributions and the use of City property for said event. BACKGROUND: Last year' s Derby Day Celebration was held in Lions Park. This site provides an excellent location for the community celebration because it is served with restrooms, shelter facilities, electrical service and parking. Following is just a sampling of a few of the events being planned! Arts and crafts festival, family fun walk, volleyball tournament, gong show, on-going stage entertainment, diaper derby, toddler trout, antique car parade, beach party at the pool, teen battle of the bands street dance, and a Saturday evening concert featuring Spiff Cool & the Jets. Food and refreshments will also be available throughout the entire celebration. Section 7 . 08 of the Shakopee City Code allows for the sale of goods upon public property with City Council approval. On behalf of the Derby Days Committee I would therefore like to request City Council to approve the request for the sale of goods by the arts and crafts vendors and food and refreshment vendors on public property during the Derby Days Celebration. The Derby Days Committee would also like to request City Council to consider authorizing the use of City park and/or maintenance crews to assist in preparing the site for the celebration and clean up following the celebration. Last year' s celebration was a tremendous success and we experienced very few problems. Last year, the Derby Days Committee did request that a police officer be present at the street dance. This year the Committee does not feel that there is a need to have a police officer on the site during the entire street dance. The Committee would simply like to request that the Shakopee Police Department be made aware of the event and that they make an occasional appearance. Attached is a copy of the 1990 Derby Days budget. The Derby Days Committee has thus far been very successful in soliciting sponsorships from over 75 businesses within Shakopee to off-set the costs of this year' s celebration. We are optimistic that we will be able to operate the third annual Derby Days Celebration at a break even. We are very pleased that we do not have to request any City financial assistance in this endeavor at this time. (With the exception of in-kind contributions. ) SUMMARY If the City Council has any suggestions or comments regarding the Derby Days Celebration, please feel free to bring them to my attention. Following is a list of areas in which City assistance is being requested. 1. Permission for the sale of goods on public property. 2 . Permission to utilize City park and/or maintenance crews to assist in preparing for the celebration and to assist in clean up following the event. ALTERNATIVES: 1. Move to approve the in-kind contributions as requested by the Chamber of Commerce Derby Days Committee for the proposed Derby Days Celebration. 2 . Do not offer any in-kind assistance for the proposed Derby Days Celebration. 3 . Select those activities in which the City agrees to provide in-kind assistance for the proposed Derby Days Celebration. STAFF RECOMMENDATION: Staff recommends alternative #1 . ACTION REQUESTED: Move to approve the Chamber of Commerce Derby Days Committee request for in-kind assistance for the Derby Days Celebration and grant permission for the following: 1. Use of City park and/or maintenance crews to assist in set-up and clean-up of the area before and after the event. 2 . Sale of goods on public property. AiNSENT / ;• Memo To: City "Council From: Building Inspector Subject: Library Parking Lot Resurfacing Date: 7/10/90 INTRODUCTION I have budgeted $15, 000. 00 to repave and install curbing at the Shakopee Library. I was informed by an employee in engineering that the project could be done for $7 , 500. 00 by an addendum to an existing contract. It appears this is not correct. Mr. Hutton obtained three quotes for this project from contractors working in our area, They are as follows: 1. S.M. Hentges & Son; $12 , 301. 50 2 . G.M.H. Asphalt; $13 , 689 . 00 3 . Bury & Carlson; $12 , 953 . 00 RECOMMENDATION I would recommend S.M Hentges be awarded the contract to pave and curb the library for the sum of $12 , 301. 50. ALTERNATIVES 1. Do not do the project. 2 . Do the project. ACTION REQUESTED Direct staff to enter into a contract with S.M Hentges & Son for paving and curbing the library for the sum of$12 , 301. 50 / et MEMO TO: Dennis Kraft, City Administrator � 1 V FROM: Dave Hutton, Public Works DirectorVj) SUBJECT: Tahpah Park Lights DATE: July 12, 1990 INTRODUCTION: Two Change Orders are being requested to the contract for the Tahpah Park Lighting Project. BACKGROUND: On March 6, 1990 the City Council of Shakopee awarded the contract for the Tahpah Park Lighting Project to the low bidder, A & B Electric. The total bid was $84,190. 00. This project was bid as a lump sum contract rather than a unit price contract. By that I mean, that the bid was a lump sum amount of $84, 190. 00 to install lights on the three fields (two softball and one football field) rather than individual unit prices for each separate item such as poles, lights, fixtures, etc. At the time the contract was awarded, the City Council did not authorize any contingency amount for use by staff in processing any Change Orders. There are now two Change Orders being requested for this project. The first Change Order is regarding the placement of the lights for the football field. The consultant for this project designed the lights to accommodate a 6-man football field which is smaller than a regulation field. A regulation field is dimensioned 160 ft. x 360 ft. as compared to the 6-man field dimensions of 120 ft. x 300 ft. , as shown on these diagrams. ' 360'-0.• k 30'•0" 300'-O" FIELD OF PLAY 130'•0" 30._0.. ` 2�._O.. , 0 3 YDS. 1 SIDELINE 10\J IN BOUNDS LINE SIDELINE OW 7 {�Ii O IN BOUNDS LINE W Z OliHilliH1t O�f _ iiiii* 'Ik r 1 / wW b 1ZZ b �in Wn / ¢I , L- 10 1520 25 3035*0.550*5 4055 5025 20 15 10 5 0 EC _ 2 5 0 IS 20 25 'A 73 00 3G J FOOTBALL BEST SIX-MAN FOOTBALL National Football League(NFL) ORIENTATION National Collegiate Athletic Association(NCAA)= Football Rules When the football field was designed, graded and constructed in 1988 by the City it was built for a regulation, full sized football field. Staff feels that the lights should be installed to the full sized football field dimensions. In order to do that though, modifications must be made to the existing plans and the lights must be redesigned to ensure adequate lighting coverage of the larger field. Additional lights are needed, as well as more wiring, longer cross arms, bases and other miscellaneous items. Staff has requested that the consultant redesign the lights and that the contractor submit a Change Order to cover the additional items that need to be added to this project. Attachment 1 (4 pages) is a copy of the proposed Change Order. The total amount being requested is $6, 638 . 00. This consists of the following items: Redesign $1,000.00 (Consultants fee) Remove Old Bases $ 962 . 00 (Contractor) Install Additional Items $4 , 676.00 (Contractor) Total $6,638.00 The original cost of the football field portion of the contract was $29 , 950. 00. This portion of the project is being funded 100% by the Shakopee Jaycees and the Shakopee Football Association. Staff feels obligated to offer an explanation to Council of how this "error" could occur. To do that, staff would like to provide Council with a historical review of how this project developed. Since Tahpah Park was first acquired by the City of Shakopee in 1968 , developing the athletic fields including installing lights on all the fields, has been a long range goal of the Community Recreation Department, the Softball Association and the Jaycees. Over the years, the fields have been developed as funding becomes available. In the spring of 1989 , a special Lighting Committee was formed to coordinate this project and to obtain the necessary funding. The Lighting Committee consisted of the Community Recreation Department as well as members of the following organizations who were participating in the funding of this project: Shakopee Softball Association, Shakopee Rotary, Shakopee Jaycees and the Shakopee Football Association. It should be noted that City staff were not represented on this Committee. In the fall of 1989 the Committee interviewed 3 engineering consultants and selected Oliver D. Billings to design this project. In December, 1989 the design was completed and ready for bids. At that point, City staff first became involved since it was felt that the City of Shakopee should administer the contract for installing the lights. The bids were opened on February 15, 1990 and on March 6, 1990 the City awarded the contract. During the construction staking of the lights for the football field, engineering staff noticed that the plans showed the lights for the smaller field and immediately notified both the contractor and the consultant that the lights would have to be relocated out further to accommodate the larger dimensions. A week or so later the consultant notified that Community Recreation Director that it did not appear that there was adequate room to move the lights out due to the side slopes of the field and recommended leaving them at the smaller, designed locations. The Community Recreation Director did not question this statement and instructed the consultant to install the light poles at the designed location. The consultant informed the contractor to proceed. All of this was done without Engineering staff' s knowledge or involvement. The Engineering Department first became aware of this decision when the contractor poured the concrete bases for the lights. Staff immediately halted construction and basically that has brought us to today' s discussion. Staff has inspected the site numerous times with the consultant and there is adequate room to install the lights for the larger field. Staff has met with the Committee to discuss this change and it is unanimously recommended that the lights be installed to accommodate the larger field. Not only would it give the City the flexibility of using it for a 6-man league or full sized leagues, but it would enable the field to also be utilized for soccer. The Jaycees/Football Association are funding this portion of the project and have agreed to pay for the additional costs, with the following exceptions: 1. They do not feel they should pay the $1, 000 . 00 additional design fees because they were under the impression that a full sized field was being designed all along. Apparently, there was a misunderstanding between the consultant and the Committee somewhere in the process regarding the size of the field. 2 . They do not feel that they should pay the $962 . 00 to remove the wrong bases that were poured because the Community Recreation Department authorized that work. Representatives of the Shakopee Jaycees/Football Association will be present at the July 17 Council meeting to further explain their position. The second Change Order being requested is far less complex. This Change Order is to install a time clock and lockout switch on the control panel to control energy usage and to ensure that the lights are not utilized when not needed. The clock and lockout switch are being required by Shakopee Public Utilities. The total amount of this Change Order to the contract is $2 , 197 . 00 and consists of the following items: Materials and Installation $1, 697 . 00 Control Panel Redesign 500. 00 $2 , 197 . 00 This amount would be funded 100% by the various groups contributing to the project. The Softball Association would fund 2/3 of this item and the Football Association would fund 1/3 of this item. All of the organizations have agreed to pay this amount with no dispute. The total amount of both Change Orders equals $8, 835. 00 or about 10% of the contract and increases the contract amount to $93 , 025. 00. ALTERNATIVES: Based on the controversy surrounding the football field lights the following options are available to Council : 1. Approve Change Order No. 1 in its entirety and require the funding organizations to resolve the differences directly with the consultant. 2 . Approve of Change Order No. 1 with the City of Shakopee agreeing to pay the $963 . 00 for removal of the old concrete bases. 3 . Approve of Change order No. 1 with the City of Shakopee agreeing to pay the $1, 000. 00 additional design fees. 4 . Deny Change Order No. 1, thereby resulting in the lights being installed as designed (for a 6-man field) . 5. Approve of Change Order No. 2 . 6. Deny Change Order No. 2 . 7 . Table this issue for additional information. RECOMMENDATION: This project is a classic case of a project being designed "by Committee" with little or no input from City staff. If this project had gone through normal City channels and involvements, there would be small likelihood of these changes being required. Regardless, the issue must be addressed at this time. Staff and all the organizations who are funding this project agree that the lights should be installed for the larger field. Since the City has the responsibility to administer this contract, though, staff feels that the removal of the existing concrete bases should be absorbed by the City of Shakopee. Staff also feels that the additional $1, 000. 00 design fee should be resolved directly between the Lighting Committee and the consultant. Staff recommends Alternative No. 2 to approve of the Change Order an have the City pay the $962 . 00 to remove the existing bases. The various organizations are paying over $90, 000. 00 for this project and for the City to pay $962 . 00 seems like a small contribution. Staff recommends that the Committee resolve the additional design fees with the consultant directly and the City should not be involved in this issue since the Committee hired the consultant, not the City. Staff also recommends Alternative No. 5, to approve of Change Order No. 2 . ACTION REQUESTED: 1. Authorize City staff to execute Change Order No. 1 and No. 2 to A & B Electric for the Tahpah Park Lighting Project, excluding the $1, 000. 00 additional design fee for a total addition to the contract of $7 , 835. 00 . 2 . Authorize staff pay $962 . 00 of this project out of the Capital Improvement or Park Reserve Fund. DH/pmp LIGHTS ATTACHMENT 1 TAHPAH PARK SPORTSLIGHTING PROJECT MOD NO. El Date: 6/25/90 Mod Rejected: Change Order No: MODIFICATION TO CONSTRUCTION DOCUMENTS When this MODIFICATION is signed, it shall become an order to proceed in accordance with the requirements of the MODIFICATION and the CONTRACT DOCUMENTS. PROJECT NO: 89-29 PROJECT: Football Field Lighting CONTRACTOR: A & B Electric, Inc. 755 Hwy 7 West Hutchinson, MN 55350 X Cost Change Add $6, 638. 00 No change in cost or time Submitted: A & B Electric Contractor Date: 4 June 90 Recommended: 0. D. Billing & Assoc. Engineer Date: 25 June 90 Approved: City Engineer Date: Party Requesting Change: City Engineer Reason for Change: Utilize Full Size 160' x 360' Football Field as Playing Surface. Description of Change: Relocate poles 25 feet further from 0.1. .1C 111100 u11..3 u�%i O i1��£V ssa V.ws v.J VV maintain design lumination levels. Demolish existing pole bases, add light fixtures and extend wiring. Refer to Drawing Sheets 1A/E2 and 1B/E2. Cost Breakdown: Redesign - $1 , 000 . 00 Construction Work - $5, 638 . 00 ATTACHMENT 1 i Z P �',' Oliver D. Billing & Associates, Inc. =�-�= ��f�'� Consulting Engineers 3960 Minnehaha Ave. So. • Minneapolis, Minnesota 55406 tis,.. _ (612) 724-3611 • PROPOSAL REaUEST NO. ---- Project: Tahpah Park Sportslighting Work Affected: A & E Electric Co. Date: May 30 , 1990 The Contractor is requested to submit a quotation to the Engineer for the work described below: Modify the football field lighting standard locations as indicated on drawing sheets lA and 1B/E2 to increase the setback from the field. Provide additional luminaires as required to meet lighting performance standards specified in section 16500. Provide crossarms as required to support the additional luminaires. Extend wiring to new pole locations . Provide handholes to access splices per NEC requirements where splices are necessary. Demolish existing pole bases in previously specified locations to below finish grade leve_ . The Contractor is requested to acknowledge receipt of this Proposal Request. State an add amount. The Owner may accept or reject the work described in this Proposal Request. All work shall conform to the requirements of the original contract documents and addenda wherever they apply. This request for quotations does not constitute authorization to proceed with the work. -. - °- ATTAGH11/�E .� 1 , . AXE ,.... *. .. , , EI_ECTUIC a , ,' 755 Hwy. 7 West N, MN 55350 ;�. Inc. -- 1 � HUTCHINSON, j June 4, 1990 Oliver D. Billing & Associates, Inc. r 3960 Minnehaha Avenue South '" '' Minneapolis, MN 55406 Attention: George Gow .: Subject: Tahpah Park -1 Football Field -,,. Dear George, The following will bQa breakdown on additional work required for moving football field lights and poles. 1 . Demo exising bases to �4" below grade. Haul away debris and F4 fill hole with clean fill. a. Jack hammer - 6 hrs. b. Truck rental $ 150.00 - -, 60.00 `il c. Torch off bolts and re-rod 80.00 d. Labor - 2 men 1 day 672.00 $ 962.00 `_y 2. Change corner poles from 2 lights to 4 lights each. ifi a. Add 8 1500watt fixtures b. Change cross arms from 2 light to 4 light $2,910.00 = c. Add 2 new bases 1 ,200.00 d. Extra labor 400.00 $4,510.00 _ _ ,•-'4.. 3. Under ground wire from existing location to new location , if needed. ;, a. 55' - 10/2 UF i $ 30.00 •.� b. Underground J Box 28.00 ;'� c. Splice connection 6.00 ~- d. Additional trenching 22.00 E ° e. Labor '`-_ 80.00 va $ 166.00 ea locatic Add $30.00 ea. only to move wire -717h_556 38.0 • s_ : 4"'�-1.11_44,-.::7,-.14:,:_:2 . . .fix� _ ....: ATTACHMENT 'Ilz .� T EYEING SOFTBALL OUTFIELD NEW FOOTBALL FIELD FENCE TO REMAIN LAYOUT INCOMING [32. POWER FROM ROAD r- 1\! 1 C1 C1 C1 p I ---- - �: rg41 N' 1 , L ' 1 I - ---,/ 25' 1 - 1 II 5 300' ,1• 25' T T T T T i _., 1 I I I I I . ' I 1 I 1 I I I I /...s. 1 1 I I I ...„..: OLD LIGHTING DESIGN 170' FOR FOOTBALL FIELD 120' 160' 1 , I i I I I I t I I i I I I I I 1 1 1 1 1 • ,• t I 25' I I te C 11 25' Cl Cl ,' 120' ? l' ,7 240' , i / 360' ,, 1A NEW FOOTBALL HELD LIGHTING PAN E2 NO SCALE PLANS PRINTED MAY 3 01990 OLIVER D. BILLING & ASSOCIATES, INd„ 3960 MINNEHAHA AVE. MINNEAPOLIS, MN. 55406 ATTACHMENT 2 TAHPAH PARK SPORTSLIGHTING PROJECT MOD NO. E2 Date: 6/25/90 Mod Rejected: Change Order No: ; - MODIFICATION TO CONSTRUCTION DOCUMENTS When this MODIFICATION is signed, it shall become an order to proceed in accordance with the requirements of the MODIFICATION and the CONTRACT DOCUMENTS. PROJECT NO: 89-29 PROJECT: Electrical Power Lockout Timer CONTRACTOR: A & B Electric , Inc. 755 Hwy 7 West Hutchinson, MN 55350 X Cost Change Add $2, 197 . 00 __ No change in cost or time Submitted: A & B Electric Contractor Date: 4 June 90 Recommended: 0. D. Billing & Assoc . Engineer Date: 25 June 90 Approved: _ _ — City Engineer Date: Party Requesting Change: Municipal Utility Reason For Change: Control on-Peak Electrical Energy Use Description of Change : Add time clock and associated wiring and controls to lock out power to sportlights according to time of day. Refer to Drawing Sheet 6A/E1 and 6B/E1 . Cost Breakdown: Redesign - $500 . 00 Construction Work - $1 , 697 . 00 I... _ ._ -s, ATTACHMENT -2 Iv .. `\ ' AMU :: _.-- _ r n 4 y'_ _ -- FI_E1ITI IC '; i ... 755 Hwy. 7 West C• I . HUTCHINSON, MN 55350 612/587-6590 4. Time clock control for softball/football fields. a. 2 - Acme control transformer - $ 48.00 b. 2 - Paragon time clock #EC71ST 340.00 c . 2 - Neon pilot with test swith'es 90.00 d. 2 - Fuse block for secondary w th fuse 28.00 '; e. 2 - Fuse block for primary with fuse 24.00 •� 1 f. i - J box 12x12x6 with hinge door 28.00 1 g. 1 - J box 12x12x6 weather proof 37.00 h. 3 - 4 pole 30a contactor #AB500LP-BOB94 726.00 i. 1 lot misc. nipples, wire etc. 40.00 • j . Labor 8 hrs 6.00 $1 ,697.00 Respectfully Submitted A & B Electric, Inc. J • Per Gf/ ^. ._ &..„4,0e,--) // G I fix.. t. N&s \990 -GY`' Com,. n • 's i r x~ S`- 4w amu'}. '4,,` 'Y+ -- -{�f„FdY..-72 ® NSENT lc;L MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk RE: Reconsideration of Drug and Alcohol Policy for Discussion DATE: July 13 , 1990 INTRODUCTION AND BACKGROUND: On June 19th, City Council tabled a motion to reconsider the drug and alcohol policy for discussion. You will recall that Councilman Sweeney raised two concerns relative to the drug and alcohol policy which was adopted on June 5th (Res. No. 3242) . One related to the definition of premises and the other related to who would order the testing. Council wanted staff to obtain more information and bring it back to them in July. I understand that staff does not have all of the information desired to take the subject back to Council for further discussion. In order to keep the motion to reconsider the policy from dying, it is necessary that the tabled motion be taken off the table and then retabled. ACTION REQUESTED: 1. Remove from the table the motion to reconsider the drug and alcohol policy for discussion. 2 . Move to table the motion to reconsider the drug and alcohol policy for discussion. RECN.DRUG MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk RE: Changing Polling Place for the 5th Precinct DATE: July 3 , 1990 INTRODUCTION: It is my recommendation that the Council consider relocating the polling place for the 5th precinct from the Christ Lutheran Church to the scout building in Lions Park. BACKGROUND: Christ Lutheran Church has been kind enough to allow the City to utilize one of its rooms for a polling place since the creation of a 5th precinct, after the last census. The room is also used by a child learning center five days a week. When there is an election, other arrangements have to be made for the learning center. The room also has two doors and there has always been confusion on the part of the voters which door to enter and which door to exit. Now that the scout building has been erected, and is located within the 5th precinct and is very close to the church, I recommend that the polling place be relocated. The new location should not cause too much confusion to the voters. Access to both the church and the scout building is from Adams Street. In addition to publicizing the new polling place in the local newspaper, a directional sign will be installed at Adams Street and 11th Avenue directing voters to the East versus the West. A notice can also be posted on the church door indicating the location of the new polling place. The scout building has been reserved for the September 11th primary and for the November 6th general elections. I have been advised that no other use has been scheduled for these days. If Council concurs with the change of the polling place, staff will incorporate the change into the appropriate resolution for their consideration at the next council meeting. RECOMMENDED ACTION: Direct staff to prepare the appropriate resolution changing the polling place for the 5th precinct from the Christ Lutheran Church to the new scout building in Lions Park. l0.2, CONSENT MEMO TO: Dennis R. Kraft, City Adm lstrator FROM: Judith S. Cox, City Clerk_ RE: Application for Temporary Beer License - Shakopee Jaycees DATE: July 11, 1990 INTRODUCTION & BACKGROUND: The Shakopee Jaycees have made application for two Temporary On-Sale 3 . 2 Beer Licenses. The first application is for July 22 , 1990, at Tahpah Park for a Regional Softball Tournament. The second application is for August 3rd, 4th and 5th at Lion' s Park for Derby Days. The application and certificates of insurance are in order. RECOMMENDED ACTION: 1. Move to approve the application and grant a Temporary On-Sale Non-Intoxicating Malt Liquor License to the Shakopee Jaycees at Tahpah Park on July 22 , 1990. 2 . Move to approve the application and grant a Temporary On-Sale Non-Intoxicating Malt Liquor License to the Shakopee Jaycees at Lion' s Park on August 3rd, 4th & 5th, 1990. JSC/tiv CONSENT 124° MEMO TO: Dennis R. Kraft, City Admiin4strator FROM: Judith S. Cox, City Clerk RE: Amendment to Agreement with urphy's Landing DATE: July 11, 1990 INTRODUCTION & BACKGROUND: At their regular meeting on June 19 , 1990, City Council directed staff to prepare an amendment to the agreement between the City and Minnesota Valley Restoration project (MVRP) to reflect the current state of affairs at Murphy' s Landing. The City Attorney has prepared the attached modification of agreement for operation and management of Murphy' s Landing. Also attached for your information, is a copy of the original agreement with MVRP for the operation and management of Murphy' s Landing. RECOMMENDED ACTION: Move to approve the modification of agreement for operation and management of Murphy' s Landing dated July 17 , 1990. SC/tiv MODIFICATION OF AGREEMENT FOR OPERATION AND MANAGEMENT OF MURPHY'S LANDING WHEREAS, Agreement was made and entered into by and between the Minnesota Valley Restoration Project, Inc. and the City of Shakopee on March 21, 1989 providing for the operation of Murphy's Landing and placing various responsi- bilities on the City and on the Restoration Project; and WHEREAS, Paragraph 3 on page 2 of the Agreement provides "The Board will immediately institute a search for and retain the services of a qualified museum professional who also has valid experience relating to the business aspects of an operation such as Murphy's Landing"; and WHEREAS, It has been impossible at this time to secure one person possessing the required skills to perform all the duties. THEREFORE, IT IS HEREBY AGREED By and between the parties to said Agreement that said paragraph 3 be, and the same hereby is, repealed and replaced by the following paragraph: 3. The Board will immediately institute a search for and retain the services of a qualified museum professional (curator) and that another individual may be retained to assist in the operation of the Restoration Project as an assistant administrator and such person to be one knowledgable and possessing the necessary prerequisites for such a position." IN TESTIMONY WHEREOF The parties hereto have executed this Modification of Agreement this J 7 day of ��i , 1990. MINNESOTA VALLEY RESTORATIO THE CITY OF SHAKOPEE PROJECT, INC. Mayor President City Administrator Secretary-Treasurer City Clerk 411 • AGREEMENT FOR THE OPERATION AND MANAGEMENT OF MURPHY'S LANDING WHEREAS, the City of Shakopee, a corporate body politic organized under the laws of the State of Minnesota and herein referred to as The City, owns and controls certain property located with the City of Shakopee and which is commonly known and referred to as "Murphy's Landing" ; and WHEREAS, the City of Shakopee desires to enter into an agreement for the operation and management of Murphy's Landing as herein provided for a five (5) year period beginning January 1, 1989 ; and WHEREAS, the Minnesota Vally Restoration Project, Inc. hereinafter referred to as MVRP, is a corporation organized under the laws of the State of Minnesota with its office in Shakopee, Minnesota, and which has been managing Murphy's Landing for several years including the past year; and WHEREAS, the Scott County Historical Society, a branch of the Minnesota State Historical Society and herein after referred to as SCHS has operated in the County of Scott for many years and has operated Murphy's Landing site for a period of a few years; and WHEREAS, MVRP desires to continue the operation and management of Murphy's Landing for the coming five years; and WHEREAS, both parties hereto desire to enter into this Agreement setting forth terms and conditions of the operation and management of Murphy's Landing by MVRP as herein provided and later amended by mutual written consent of the parties hereto. NOW, THEREFORE, IT IS AGREED by and between The City and MVRP as follows: That as and from January 1, 1989 the City hereby contracts and engages MVRP to manage and operate Murphy's Landing as follows: 1. That during the period covered by this agreement MVRP shall make no major changes in the operation of Murphy's Landing except as herein provided nor commit the enterprise to significant capital or other contractual obligations without first receiving the written authorization of The City. 2 . The Board of MVRP will, as soon as possible, assume policy making decisions and endeavor to generate grants and donations to MVRP and will delegate the management to a staff that MVRP will assemble and engage as prudent judgment requires. ���,� /, led/: .u/ne. , : G% r' 3 . The Board will immediately institute a search for and s� retain the services of a qualified museum professional who also has valid experience relating to the business aspects of an operation such as Murphy's Landing. 4 . The MVRP will complete a full and detailed inventory of the improvements and structures now on the Murphy's Landing site and will also complete a detailed inventory of and location of all artifacts and personal property and include, for each item, the description, date of acquisition (when available) , the purchase cost or appraised value, if donated, and such inventory will distinguish between property and equipment used in the operation of Murphy's Landing and property that would fall within the category of historical treasures and artifacts. See page two of Richard 0. Ellsworth, of the George M. Hansen Company, P.A. , managerial letter of January 12 , 1989 addressed to the City Council, attached hereto as Exhibit A. 5 . MVRP shall report to the City Administrator on at least a monthly basis relative to the on-going operation of Murphy's Landing including a monthly operating statement. 6 . MVRP shall obtain liability insurance as well as comprehensive insurance on the structures, contents and artifacts at Murphy's Landing, naming both The City and MVRP as insureds under the terms of such policies. The policies shall be in the amounts and forms as mutually agreed upon between The City and MVRP and will require a minimum of a ten-day written notice of cancellation or termination of the policies, and MVRP and The City shall be furnished with current copies of all insurance policies and any subsequent changes therein. 7 . The City shall be notified of all meetings of the Board of Directors of MVRP and both parties agree that a member of the City Council will be an active voting member of the MVRP Board of Directors . 8 . The MVRP shall invite and request SCHS to name two members of its Board to the Board of the MVRP and such membership shall continue during the life of this Agreement and membership shall be replaced as and when required. 9 . The City and MVRP will arrange for an annual independent audit to be financed at the expense of MVRP. 10 . The City will cooperate with MVRP in endeavoring to ensure the sound operation of Murphy's Landing. 11. The SCHS , while not a party hereto, does hereby sign this agreement as an indication of its approval and its willingness to cooperate with the parties hereto without affecting its own operations. 12 . Both parties hereto agree to enter into and execute any further documents and agreements necessary or convenient to effectuate the terms and conditions of this Agreement. -2- I z 13 . This Agreement shall be governed by the laws of the State of Minnesota. �.,/J This Agreement executed as of this os /.QJ day of /,i/1.,Y i , 1989 by The City and MVRP. THE CITY OF SHAKOPEE MINNESOTA VALLEY RESTORATION (The City) PROJECT, INC. ( �;) �t i,...�a/ }71. 6-4: cd By Ai OZLQ- 'li. t..11 -ii BYMa or Pre-o d Y � B /�L[,�✓�i1V) %� 7f By A/c,_r !_.. _ Y Acting City Admini trator Secretary-Treasurer By 0 fp)trjl: (7 . lf_,f,/ i CetyV1 P..rk State of Minnesota) ss County of Scott ) The foregoing was acknowledged before me this-7 day of � , 1989 by Dolores M. Lebens, Dennis R. Kraft and Judith . o , the Mayor, Acting City Administrator and City Clerk respectively, of the City of Shakopee, a municipal corporation under the Laws of the State of Minnesota, on behalf of the City of S -- .ra►ee a Kaiandar / 7‘11116 �'` . Harr+Notify #irmsaOaCa*+b / if Ault.. . '' . .A....--/`' Mr Comm.Exp.12-2142 r State of Minnesota) ss County of Scott ) The foregoing was knowl dged before me this u-)/4 day of // 1989 by (�a.r- ev.o. ae,tEctAand �e.,t�,' X 'e, k.'Ne.\Srny-i t - President and Secretary-Treasurer of the Minnesota Valley Restoration Project, Inc. (MVRP) , a corporation under the Laws of the State of Minnesota, on behalf of MVRP. 7 af7-(.6zt ///, /c/ z(i - MARG/&Y M.KLEIN ) UA.RY PU8tSC•Mi1i S✓t� 7_ / M, EapKa Dec 12 1492 -3- 1 i 2 MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk4--- RE: Appointments to Boards and Commissions DATE: July 11, 1990 INTRODUCTION: On July 3rd, City Council made nominations to openings on the Park and Recreation Advisory Board, the Community Development Commission, and the Planning Commission. Pursuant to City Council policy, it would be appropriate that the appointments be made at this time. BACKGROUND: The recently created Park and Recreation Advisory Board shall consist of seven members appointed by the Council having staggered terms. There is an unexpired term on the Planning Commission, due to the recent resignation of R. Gene Foudray. This term expires January 31, 1991. Council recently amended the city code adding a seventh member to the Community Development Commission. The interview committee, consisting of Mayor Laurent, Councilmember Wampach and City Administrator Dennis R. Kraft, did interview the applicants for these openings. It is my understanding that the interview committee recommends the following appointments: 1] Park and Recreation Advisory Board: Paulette Rislund - 3 year term Bill Preiss - 3 year term Paul Ten Eyck - 2 year term Dolores Lebens - 2 year term Ronald Larson - 2 year term Bob Tomczik - 1 year term Steve Johnson - 1 year term 2] Community Development Commission: Michael Beard 3] Planning Commission: Joan Lynch Pursuant to Res. No. 2206, when more than one person is nominated for an opening on a board or commission, each councilmember shall write his preference for appointments on a paper and sign their name. Those candidates receiving a majority vote of the councilmembers present may be appointed. IV Appointments to Boards and Commissions July 11, 1990 Page -2- Pursuant to Ordinance No. 290, appointments to the Park and Recreation Advisory Board shall be made by resolution, naming the board members and setting the term of office. Pursuant to Ordinance No. 286, appointments to the Community Development Commission shall be by resolution. Staff has, therefore, prepared the attached resolution for Council consideration. After the balloting by councilmembers, the names of the successful candidates will have to be inserted into the resolution. This could be done by consensus of the council, or by motions of the council . RECOMMENDATION: 1. conduct election of candidates 2 . adopt resolution making appointments RECOMMENDED ACTION: Offer Resolution No. 3255, A Resolution Appointing Individuals to the Park and Recration Advisory Board, Community Development Commission, and Planning Commission, and move its adoption. l2' a PLEASE CHECK THE NAMES OF THOSE INDIVIDUALS YOU WOULD LIKE TO SEE APPOINTED TO THE BOARDS AND COMMISSIONS INDICATED BELOW Park & Recreation Advisory Planning Commission Vote for 7 Vote for 1 Vicki King Vicki King Ronald Larson Joan Lynch Dolores Lebens Sandra McKenna Steve Johnson Pamela Sveinson Bill Preiss Paulette Rislund Community Development Commission Pamela Sveinson Vote for 1 Paul Ten Eyck Michael Beard Robert Tomczik Clay Laurent Sweeney Vierling Wampach Zak APPLICATION FOR COUNCIL ADVISORY BOARDS AND/OR COMMISSIONS City of Shakopee 129 East 1st Avenue Shakopee, MN 55379 We welcome you as a possible applicant for one of our City Boards and/or Commissions. What are the qualifications for serving on these advisory Boards and Commissions? You must be a resident of Shakopee, except where non residency is permitted by Council resolution, and more importantly, you must have an interest in serving your community. The Boards and Commissions meet during the evening and typically have from one to two meetings per month, as follows: Planning Commission/Board of 1st Thursday after 1st Adjustments and Appeals Tuesday at 7: 30 p.m. Community Development Commission 3rd Wednesday at 5: 00 p.m. Energy & Transportation Committee 3rd Wednesday at 7: 00 p.m. Ad HOC Downtown Committee 2nd Wednesday of month or as needed at 7 :45 a.m. Cable Communication Commission Quarterly or as needed on Monday at 7: 30 p.m. Housing Advisory and Appeal Board As Needed Building Code Board of Adjustment As Needed & Appeals Shakopee Public Utilities Commission 1st Monday at 4 : 30 p.m. Shakopee Community Recreation 3rd Monday at 7 : 00 p.m. Police Civil Service Commission As Needed Shakopee Youth Building Committee As Needed \ r Name: S(`kit;' 1 ( A•kc- rkc'stf\r:k Address: ,--:,-; -r f+ ;� J( — �Y�C(����� Phone: (H) -><`! ILL: 7 (B) /007 How long have you been a resident of Shakopee? _-?Fi c r%%A4—S r- J Occupation: (-t-ou ()%4 (Fire Prcdicier- d Does your work require you to travel? (check one) A great deal Periodically Very little /Not at all Do you have any special interests or training which you feel a particular board or commission could use_? "(Use separate sheet if necessary) J rltu2 t'�j\rtrr1� :EYE{ c���l�i'��1.:,� �r� f ! ' viiL,("'�"✓i '� "lt_j F ecz-r eta ( c'1cl 2i�r�� t fec� cL(k ' P" . T h�, -c 1,--tkd-Ed t P (G n-- 4-=;(--- ►rtc(l �,t: �ZGL{S I)iu.�(,t�tit.: r`teit) 3h'uCli�►'eS Q��IG�t' Idek ac_a(Vt' 1 ,�.:�� �ti u��, pLt;."t1s -C-0; r-F Board or Commission in which you are interested? Please state briefly why you are interested in serving on this Board/Commission for which you are submitting an application: ? b {reit - 1 , u. =:, i bC14�C'u/c .triG ( 31.1,k td,d T> v66i. (,"cQ !end h-r' --1-6Lua, W t t7VFkiAuc SS i G✓k Conflict of interest is defined as the participation in any activity, recommended action, or decision from which the individual has or could have the potential to receive personal gain, whether it be direct or indirect. In accordance with this definition, do you have any legal or equitable interest in any business, however organized, which could be constructed as a conflict of interest? Yes No If yes, please provide the details on a separate sheet of 1:47. Please list three references (Name, Address and Phone) : ,1. _loric 44s- 3C X rt 445 - 74-0 2 . dro\e. 1--katA5en res • 4-10 i) - qoo 1)fC i u; A (1 x[[ � 445 4- Ict 3. Mork K '�'cii e41hte_is r Sk(lkU�a_ - ri) 44.5 - 7.)CC I hereby certify that the facts within the foregoing application are true and correct to the best of my knowledge. Signature RETURN APPLICATION AND PLEDGE TO: Date City Clerk City of Shakopee 129 East 1st Avenue Shakopee, MN 55379 ,��, z �„ 445-3650 �r7c VIM MAY p 71990 DATE RECEIVED: - - - CC 21 APPLICATION FOR COUNCIL ADVISORY BOARDS AND/OR COMMISSIONS / City of Shakopee 129 East 1st Avenue Shakopee, MN 55379 We welcome you as a possible applicant for one of our City Boards and/or Commissions. What are the qualifications for serving on these advisory Boards and Commissions? You must be a resident of Shakopee, except where non residency is permitted by Council resolution, and more importantly, you must have an interest in serving your community. The Boards and Commissions meet during the evening and typically have from one to two meetings per month, as follows: Planning Commission/Board of 1st Thursday after 1st Adjustments and Appeals Tuesday at 7: 30 p.m. Community Development Commission 3rd Wednesday at 5: 00 p.m. Energy & Transportation Committee 3rd Wednesday at 7 : 00 p.m. Ad HOC Downtown Committee 2nd Wednesday of month or as needed at 7:45 a.m. Cable Communication Commission Quarterly or as needed on Monday at 7: 30 p.m. Housing Advisory and Appeal Board As Needed Building Code Board of Adjustment As Needed & Appeals Shakopee Public Utilities Commission 1st Monday at 4 : 30 p.m. Shakopee Community Recreation 3rd Monday at 7 : 00 p.m. Police Civil Service Commission As Needed Shakopee Youth Building Committee As Needed `(�,, Name: �' � 4/77,d Address:�c �� „'"` • .1 Phone: (H) (B) % `- a2/aS How long have you been // ,,aresident of Shakopee? 070 _ Occupa ion: l,�/� — 1494Q-64---) ^ amend 4 &21..erz- Does you work you to travel. (check one).4 446 A great deal X , Periodically Very little Not at al • f Do you have any special interests or training which you feel 4(a"'�°CelAit) particular board r commission could use? (Use separate sheet if • necessary) .2 .ki-C44242-6 (f.e2..e ritz, tfu;o1,4, 76_6,e,,az,to,2 Board or Commission in which you are interested? Please state briefly why you are interested in serving on this Board/Commission for which you are submitting an application: —"Que._ �" -1--rcJ 4e4 � 7 amu-`-e . c_)ct-nd -u."_c z ze. " 1--,..,-,v, -/�.sc.c. _ /lG - . � 7`'!c1._ -fee..., t19 -G-e--t4 6.-,- of - a-S, Ice et..t d esL-r_ c92-0.11-0-2,--64Le-aeic„ . = / / — L� � " onf iOe . " interest is defined as the participation in activity, P any recommended action, or decision from which the individual has or could have the potential to receive personal gain, whether it be direct or indirect. In accordance with this definition, do you have any legal or equitable interest in any business, however organized, which could be constructed as a conflict of interest? Yes No X . If yes, please provide the details on a separate sheet of paper. Please list three references (Name, Address and Phone) : 1. , L-4 Al-t-c 4/r --Vcr,V 2 . .�-r,.rif i i .Lii .. "./ 4L4&2, Af 55, 79'- v9.5-2543 3 . 4, 1 " . ' i6C-7:46 .;Z eige;l4.41/ 44fit-6,4,44-,61.1,2t6i.„,„,,,,,;_pd-ta4e- I hereby certify that the fact wi in the foregoing application aret ue and correct to the best of my knowledge. Dal I). 4,,e7,„&e.„,t, Signature RETURN APPLICATION AND /--- 90 PLEDGE TO: Date City Clerk City of Shakopee 129 East 1st Avenue Shakopee, MN 55379 445-3650 DATE RECEIVED: L cid,. r d { APPLICATION FOR COUNCIL ADVISORY BOARDS AND/OR COMMISSIONS City of Shakopee 129 East 1st Avenue Shakopee, MN 55379 We welcome you as a possible applicant for one of our City Boards and/or Commissions. What are the qualifications for serving on these advisory Boards and Commissions? You must be a resident of Shakopee, except where non residency is permitted by Council resolution, and more importantly, you must have an interest in serving your community. The Boards and Commissions meet during the evening and typically have from one to two meetings per month, as follows: Planning Commission/Board of 1st Thursday after 1st Adjustments and Appeals Tuesday at 7 : 30 p.m. Community Development Commission 3rd Wednesday at 5: 00 p.m. Energy & Transportation Committee 3rd Wednesday at 7 : 00 p.m. Ad HOC Downtown Committee 2nd Wednesday of month or as needed at 7 :45 a.m. Cable Communication Commission Quarterly or as needed on Monday at 7 : 30 p.m. Housing Advisory and Appeal Board As Needed Building Code Board of Adjustment As Needed & Appeals Shakopee Public Utilities Commission 1st Monday at 4 : 30 p.m. Shakopee Community Recreation 3rd Monday at 7 : 00 p.m. Police Civil Service Commission As Needed Shakopee Youth1Building Committee As Needed Name: Vu k I' L T� !N� Address: 11175 Ce) .R-4,0(161) I' Phone: (H) 1-161b---11 (B) How long have you been a resident of Shakopee? F_--) c� f 4e_S I Occupation: 1,4,1a_ -5e_ A Ylip t-5. , I i?_er' i' i-4' C�e),:i -2. , Does your work require you to travel? (check one) A great deal Periodically Very little Not at all Do you have any special interests or training which you feel a particular board or commission could use? (Use separate sheet if necessary) V:A-. U,y ,c;.�1 Y�>,}, 2 �� C ,A0,-gal x 2 �otiK C" t 2 Cu•LVcS Zr' %S C,c,v,M/H-c'e . Itch,.' I Sc�. Board or Commission in which you are interested? • Jpjtii1NG� C.'OW\('\ iSSio Please state briefly why you are interested in serving on this Board/Commission for which you are submitting an application: r S+z-N l 4444-1 4e201 f 1s) N,t -412_ -'fir-2 e. aruirn u,-4 47 ,A ac - wig I s � s-� s s/14ter t`4- 15 irc-4 l c L(rt_ . Conflict of interest is defined as the participation in any activity, recommended action, or decision from which the individual has or could have the potential to receive personal gain, whether it be direct or indirect. In accordance with this definition, do you have any legal or equitable interest in any business, however organized, which could be constructed as a conflict of interest? Yes No > . If yes, please provide the details on a separate sheet of paper. Please list three references (Name, Address and Phone) : 1. 2 . 3 . I hereby certify that the facts within the foregoing application are true and correct to the best of my knowledge. { Signature( RETURN APPLICATION AND PLEDGE TO: Date City Clerk City of Shakopee 129 East 1st Avenue Shakopee, MN 55379 445-3650 /q DATE RECEIVED: CO j()/ / /O Q71.-J 01' APPLICATION FOR COUNCIL ADVISORY BOARDS AND/OR COMMISSIONS City of Shakopee 129 East 1st Avenue Shakopee, MN 55379 We welcome you as a possible applicant for one of our City Boards and/or Commissions. What are the qualifications for serving on these advisory Boards and Commissions? You must be a resident of Shakopee, except where non residency is permitted by Council resolution, and more importantly, you must have an interest in serving your community. The Boards and Commissions meet during the evening and typically have from one to two meetings per month, as follows: Planning Commission/Board of 1st Thursday after 1st Adjustments and Appeals Tuesday at 7: 30 p.m. Community Development Commission 3rd Wednesday at 5: 00 p.m. Energy & Transportation Committee 3rd Wednesday at 7 : 00 p.m. Ad HOC Downtown Committee 2nd Wednesday of month or as needed at 7: 45 a.m. Cable Communication Commission Quarterly or as needed on Monday at 7 : 30 p.m. Housing Advisory and Appeal Board As Needed Building Code Board of Adjustment As Needed & Appeals Shakopee Public Utilities Commission 1st Monday at 4 : 30 p.m. Shakopee Community Recreation 3rd Monday at 7 : 00 p.m. Police Civil Service Commission As Needed Shakopee Youth Building Committee As Needed Name: Address: Phone: (H) (B) How long have you been a resident of Shakopee? ' " - Occupation: Does your work require you to travel? (check one) A great deal Periodically X Very little Not at all Do you have any special interests or training which you feel a particular board or commission could use? (Use separate sheet if necessary) _ '3 /.t: 7, i 'Tib � = ) �i �_..J:I�. �,.• Board or Commission in which you are interested? r 1,11'17( Sit ,L.' r. ;// 'r(.. Cr' rte. c ti e: L 1. . Please state briefly why you are interested in serving on this Board/Commission for which you are submitting an application: .5! /- ! ii . 5 . ski c_ • r ('r /1-, r .:, r [:_ r</C L r-' /-i .- 7 T° ' u. ':. r�i i)\--r L' !L�•r•. /),l- !;! .- .. S!. /—/ I 'r �,_ �L,w /�L/iG'r /. ;•r lam- Conflict of interest is defined as the participation in any activity, recommended action, or decision from which the individual has or could have the potential to receive personal gain, whether it be direct or indirect. In accordance with this definition, do you have any legal or equitable interest in any business, however organized, which could be constructed as a conflict of interest? Yes No, x, . If yes, please provide the details on a separate sheet of paper. Please list three references (Name, Address and Phone) : 1. 777.',,, k- r.i fC'i /CL c(�'77 ,23.14:• /' (/(l' LAeC k: •l ��.:., i L/�11 1 //•Z 2 . -374 ,;1 „--_,S. ,�'�c ��_'� 47/17, 5--i .277 3 . ' c / y('ty f Nf.J.(.- %rel': L: 4:7 I hereby certify that the facts within the foregoing application are true and correct to the best of my knowledge. � Signature RETURN APPLICATION AND PLEDGE TO: Date City Clerk City of Shakopee 129 East 1st Avenue • Shakopee, MN 55379 445-3650 DATE RECEIVED: ... - MAY 1 4199Q APPLICATION FOR COUNCIL ADVISORY BOARDS AND/OR COMMISSIONS City of Shakopee 129 East 1st Avenue Shakopee, MN 55379 We welcome you as a possible applicant for one of our City Boards and/or Commissions. What are the qualifications for serving on these advisory Boards and Commissions? You must be a resident of Shakopee, except where non residency is permitted by Council resolution, and more importantly, you must have an interest in serving your community. The Boards and Commissions meet during the evening and typically have from one to two meetings per month, as follows: Planning Commission/Board of 1st Thursday after 1st Adjustments and Appeals Tuesday at 7:30 p.m. Community Development Commission 3rd Wednesday at 5:00 p.m. Energy & Transportation Committee 3rd Wednesday at 7:00 p.m. Ad HOC Downtown Committee 2nd Wednesday of month or as needed at 7:45 a.m. Cable Communication Commission Quarterly or as needed on Monday at 7:30 p.m. Housing Advisory and Appeal Board As Needed Building Code Board of Adjustment As Needed & Appeals Shakopee Public Utilities Commission 1st Monday at 4: 30 p.m. Shakopee Community Recreation 3rd Monday at 7:00 p.m. Police Civil Service Commission As Needed Shakopee Youth Building Committee As Needed c-' Name. c411,1e 1c'� J� eA---vLse, Address: � � � 'e (I 'd L )l/C Phone: (H) T / (c � �7 - (B) - 7L th7 How long have you been a resident of Shakopee? c U tv\r-c Occupation: Does your work require you to travel? (check one) A great deal Periodically Very little Not at all Do you have any special interests or training which you feel a particular,bb9and or commission could use? (Use separate sheet if necessary) `-'PhScu-tNvcc/,� ►'1i��1r�G_c P_�tr-,k"t ,t cer—ft'u_ 5�" C,ccz (A cif 1 _AdT c €.v hO‘r �����tii � �0,tAtit t B and or Commission in which you are interested? '1ik-- 1.11: easy"' .► (1, 2,, -R-�! .4,, `��b 1-,(:, 1 . P s4-� (Dd Please state briefly why you are interested in serving on this Board/Commission for which you are submitting an application: 4 _(_ is di. 7 (i �... , Ga_�, 4a _ �A .- s- , , _,„-A,__,— - % ifv,_, U `6. -7.1_ i�-Lt�c.17 l Pe.�c)l(!-PC) <<-, ltL . 49 Conflict of interest is defined as the participation in any activity, recommended action, or decision from which the individual has or could have the potential to receive personal gain, whether ' it be direct or indirect. 'j I In accordance with this definition, do you have any legal or , equitable interest in any business, however organized, which could be constructed as a conflict of interest? Yes No . If yes, please provide the details on a separate sheet of paper. Pleas list three references (Name, Address and Pone) : l9 . �,e.z4.„ s �. � 4/9 6'7 IGS �-‘,L y� 553916 v -7 .1 0 C. i-% 1 & -76 3. Lh,('I S ! V i�'(ai(., . ,L) l e C� /19/(1 Ste/)7 e -. 70 -5 O _I reby certi y that the facts within the foregoing application are rue�jand c rrect to the best of my knowledge. Signature RETURN APPLICATION AND , / _ PLEDGE TO: Da e City Clerk City of Shakopee 129 East 1st Avenue Shakopee, MN 55379 445-3650 DATE RECEIVED: 10 s APPLICATION FOR COUNCIL ADVISORY BOARDS AND/OR COMMISSIONS E City of Shakopee 129 East 1st Avenue Shakopee, MN 55379 We welcome you as a possible applicant for one of our City Boards and/or Commissions. What are the qualifications for serving on these advisory Boards and Commissions? You must be a resident of Shakopee, except where non residency is permitted by Council resolution, and more importantly, you must have an interest in serving your community. The Boards and Commissions meet during the evening and typically have from one to two meetings per month, as follows: Planning Commission/Board of 1st Thursday after 1st Adjustments and Appeals Tuesday at 7: 30 p.m. Community Development Commission 3rd Wednesday at 5: 00 p.m. Energy & Transportation Committee 3rd Wednesday at 7 : 00 p.m. Ad HOC Downtown Committee 2nd Wednesday of month or as needed at 7:45 a.m. Cable Communication Commission Quarterly or as needed on Monday at 7: 30 p.m. Housing Advisory and Appeal Board As Needed Building Code Board of Adjustment As Needed & Appeals Shakopee Public Utilities Commission 1st Monday at 4 : 30 p.m. Shakopee Community Recreation 3rd Monday at 7: 00 p.m. Police Civil Service Commission As Needed Shakopee Youth Building Committee As Needed Name: ,gi£x.L 1" /at,,!d Address: /23c2v:e& 5 . Phone: (H) [/y�- � ?7c�/ (B) 6,2.3 -4S How long have you been a resident of Shakopee? /Ve/e5 Occupation: 4//,:/-/iE/4V 7(rf. � SsiJ*��'ti� Does your work require you to travel? (check one) A great deal Periodically Very little c—Not at all Do you have any special interests or training which you feel a particular board or commission coul use? (Use separate sheet if necessary) / %__; iTtc:.2f.w7i(s.v assrr_E'dfl� / _ //lam 64t-�l /14) :<'z�/1/" ,712/.£. . Board or Commission in which you are interested? Please state briefly why you are interested in serving on this Board/Commission for which you are submitting an application: 1/2.AL eed-Z /4",eder.." ‘-Zthdop.4-4(..,A 7-Z/iii/Je ./64' 5/v24/,_ o_e. /ea- di& 1,47 L_,,/(,/ , Conflic of interest is defined as the participation in any activity, recommended action, or decision from which the individual has or could have the potential to receive personal gain, whether it be direct or indirect. In accordance with this definition, do you have any legal or equitable interest in any business, however organized, which could be constructed as a conflict of interest? Yes No If yes, please provide the details on a separate sheet of paper. Please list three references (Name, Address and Phone) : 1. oQ /7/LCQ�'�.�i��" SIS— 75fQZ 2 . d' °/ .��� 5_ -- 3 S 3 WS" v� I hereby certify that the facts within the foregoing application are true and correct to the best of my knowledge. Signature )' RETURN APPLICATION AND PLEDGE TO: V() Date City Clerk City of Shakopee 129 East 1st Avenue Shakopee, MN 55379 445-3650 DATE RECEIVED: l � teltY 1 7 i�' I2 APPLICATION FOR COUNCIL ADVISORY BOARDS AND/OR COMMISSIONS City of Shakopee 129 East 1st Avenue Shakopee, MN 55379 We welcome you as a possible applicant for one of our City Boards and/or Commissions. What are the qualifications for serving on these advisory Boards and Commissions? You must be a resident of Shakopee, except where non residency is permitted by Council resolution, and more importantly, you must have an interest in serving your community. The Boards and Commissions meet during the evening and typically have from one to two meetings per month, as follows: Planning Commission/Board of 1st Thursday after 1st Adjustments and Appeals Tuesday at 7: 30 p.m. Community Development Commission 3rd Wednesday at 5: 00 p.m. Energy & Transportation Committee 3rd Wednesday at 7 : 00 p.m. Ad HOC Downtown Committee 2nd Wednesday of month or as needed at 7: 45 a.m. Cable Communication Commission Quarterly or as needed on Monday at 7: 30 p.m. Housing Advisory and Appeal Board As Needed Building Code Board of Adjustment As Needed & Appeals Shakopee Public Utilities Commission 1st Monday at 4 : 30 p.m. Shakopee Community Recreation 3rd Monday at 7 : 00 p.m. Police Civil Service Commission As Needed Shakopee Youth Building Committee As Needed Name: Steven T. Johnson Address: 2134 Bridge Crossing Phone: (H) 445 5346 (B) 348 3790 How long have you been a resident of Shakopee? 20 years Occupation: Court Services, Hennepin Co Bureau of Corrections Does your work require you to travel? (check one) A great deal Periodically xxx Very little Not at all Do you have any special interests or training which you feel a particular board or commission could use? (Use separate sheet if necessary) past service on Community Recreation Board, youth coaching in various activities Board or Commission in which you are interested? Park 9.nd ,,ecreation Board; Police Commission if future openings exist Please state briefly why you are interested in serving on this Board/Commission for which you are submitting an application: past year on the Community Recreation Advisory Board, T haxTP served for the served on the CDC committee that recommended the structure for the program after termination of the joint powers agreement, and feel that I can offer experience and stability as the -neviorg'auiiLaLiul takes shape. Conflict of interest is defined as the participation in any activity, recommended action, or decision from which the individual has or could have the potential to receive personal gain, whether it be direct or indirect. In accordance with this definition, do you have any legal or equitable interest in any business, however organizes6which could be constructed as a conflict of interest? Yes No . If yes, please provide the details on a separate sheet of paper. Please list three references (Name, Address and Phone) : 1. G.F. Carruth, Supt. of Schools, 504 So Holmes, 445 4884 2. Wm Nevin, Scott Co Sheriff, 428 So Holmes, 445 7750 3 . Jon Westlake, Planning Director, Scott Co, 428 So Holmes 445 7750 I her " certiI t at the facts within the foregoing application are t , a • • se to the best of my knowledge. sig e RETURN APPLICATION AND PLEDGE TO: 5-21-90 _ Date City Clerk City of Shakopee 129 East 1st Avenue Shakopee, MN 55379 445-3650 DATE RECEIVED: MAY 2 21990 ciTy OF SHAKOPEE / 'Y APPLICATION FOR COUNCIL ADVISORY BOARDS AND/OR COMMISSIONS City of Shakopee 129 East 1st Avenue Shakopee, MN 55379 We welcome you as a possible applicant for one of our City Boards and/or Commissions. What are the qualifications for serving on these advisory Boards and Commissions? You must be a resident of Shakopee, except where non residency is permitted by Council resolution, and more importantly, you must have an interest in serving your community. The Boards and Commissions meet during the evening and typically have from one to two meetings per month, as follows: Planning Commission/Board of 1st Thursday after 1st Adjustments and Appeals Tuesday at 7 : 30 p.m. Community Development Commission 3rd Wednesday at 5: 00 p.m. Energy & Transportation Committee 3rd Wednesday at 7 : 00 p.m. Ad HOC Downtown Committee 2nd Wednesday of month or as needed at 7:45 a.m. Cable Communication Commission Quarterly or as needed on Monday at 7 : 30 p.m. Housing Advisory and Appeal Board As Needed Building Code Board of Adjustment As Needed & Appeals Shakopee Public Utilities Commission 1st Monday at 4: 30 p.m. Shakopee Community Recreation 3rd Monday at 7 : 00 p.m. Police Civil Service Commission As Needed Shakopee Youth Building Committee As Needed Name: Paulette Rislund Address: 1181 Jefferson Street Phone: (H) 445-3084 (B) How long have you been a resident of Shakopee? 37 years Occupation: Homemaker/ Greeting Card Merchandiser Does your work require you to travel? (check one) A great deal Periodically Very little X Not at all Do you have any special interests or training which you feel a particular board or commission could use? (Use separate sheet if necessary) As a lifelong resident of Shakopee and a six year member of the Recreation Board, I have a strong understanding of the strengths and weaknesses of our communities ' recreation program. The experience and knowledge I have gained would provide the newly created Park and ;creation Advisory Board with some continuity in the area of recrea- ional programs and services . Board or Commission in which you are interested? Parks and Recreation Advisory Board Please state briefly why you are interested in serving on this Board/Commission for which you are submitting an application: I have a strong interest in leisure services as demonstrated by my service on the current Recreation Board . Shakopee ' s parks and recreation are extremely valuable assets to our community. I would like the continued opportunity to provide by input into the maintenance, improvement and expansion of these valuable assets . Conflict of interest is defined as the participation in any activity, recommended action, or decision from which the individual has or could have the potential to receive personal gain, whether it be direct or indirect. In accordance with this definition, do you have any legal or equitable interest in any business, however organized, which could be constructed as a conflict of interest? Yes No x If yes, please provide the details on a separate sheet of paper. Please list three references (Name, Address and Phone) : 1, George Muenchow, Community Recreation Director, 445-2742 2 . Gayden Carruth, Superintendent of Schools , 445-4884 3 . Ron Rennie, Gibson Greeting Cards , 8394 Hilo Trail , Cottage Grove, MN 55016 I hereby certify that the facts within the foregoing application Ciar true and ect to the best of my knowledge. (TL(4.1-ttt2 c4-4.14 Signature RETURN APPLICATION AND /c --?,0 a _ C?D PLEDGE TO: c0 Date City Clerk City of Shakopee 129 East 1st Avenue Shakopee, MN 55379 445-3650 d DATE RECEIVED: : J 4 ?5 0 ‘('`.4: . .:):: J FiA KC PEI'; APPLICATION FOR COUNCIL ADVISORY BOARDS AND/OR COMMISSIONS City of Shakopee 129 East 1st Avenue Shakopee, MN 55379 We welcome you as a possible applicant for one of our City Boards and/or Commissions. What are the qualifications for serving on these advisory Boards and Commissions? You must be a resident of Shakopee, except where non residency is permitted by Council resolution, and more importantly, you must have an interest in serving your community. The Boards and Commissions meet during the evening and typically have from one to two meetings per month, as follows: Planning Commission/Board of 1st Thursday after 1st Adjustments and Appeals Tuesday at 7: 30 p.m. Community Development Commission 3rd Wednesday at 5: 00 p.m. Energy & Transportation Committee 3rd Wednesday at 7 : 00 p.m. Ad HOC Downtown Committee 2nd Wednesday of month or as needed at 7:45 a.m. Cable Communication Commission Quarterly or as needed on Monday at 7: 30 p.m. Housing Advisory and Appeal Board As Needed Building Code Board of Adjustment As Needed & Appeals Shakopee Public Utilities Commission 1st Monday at 4 : 30 p.m. 124,4- 9— J2ecR« Shakopeety Recreation 3rd Monday at 7: 00 p.m. Police Civil Service Commission As Needed Shakopee Youth Building Committee As Needed Name: PaiA / TN4z'yck Address: '03 Gei_ G r'3 5Xa kal,.,ee Phone: (H) 973-_ sy�� (B) Fs5 0 — ( 3 5 3 How long have you been a resident of Shakopee? 3 G yeases occupation: Cc's7- i w/;, ,4. 7- 'J 7` i hS /9//- j- . Does your work require you to travel? (check one) A great deal Periodically 2c, Very little Not at all Do you have any special interests or training which you feel a particular board or commission could use? (Use separate sheet if necessary) _51u,4c/> - - i Iva Board or Commission in which you are interested? 5h q 4fi e e PRR/Cs a-•d RC re at-,� , 4.4isoar Rogie0 . Please state briefly why you are interested in serving on this Board/Commission for which you are submitting an application: Conflict of interest is defined as the participation in any activity, recommended action, or decision from which the individual has or could have the potential to receive personal gain, whether it be direct or indirect. In accordance with this definition, do you have any legal or equitable interest in any business, however organized, which could be constructed as a conflict of interest? Yes No )C . If yes, please provide the details on a separate sheet of paper. Please list three references (Name, Address and Phone) : 1. Pan Fay/. JOy,2 S - /ili//e,e st- S4u.,G.pa r )715'S- 7,Z / 2 . Pu-s ro,e Myr) Re/ 4, . Z, 'i'/ sv - //700 g v!. * Y.5--- c 3 $ y 3 . A7/ke Petite ,.f.n.,y I2;2 uv- Pkcs :.Ae.-7r/�/ 1.t.- YYS'- /y ? ‘ I hereby certify that the facts within the foregoing application are true and correct/ orrect o the best of my knowledge. (;;Lc.,,-e 7 Signature RETURN APPLICATION AND 6--3 a _ / G PLEDGE TO: Date City Clerk City of Shakopee 129 East 1st Avenue Shakopee, MN 55379 445-3650 DATE RECEIVED: APPLICATION FOR COUNCIL ADVISORY BOARDS AND/OR COMMISSIONS City of Shakopee 129 East 1st Avenue Shakopee, MN 55379 We welcome you as a possible applicant for one of our City Boards and/or Commissions. What are the qualifications for serving on these advisory Boards and Commissions? You must be a resident of Shakopee, except where non residency is permitted by Council resolution, and more importantly, you must have an interest in serving your community. The Boards and Commissions meet during the evening and typically have from one to two meetings per month, as follows: Planning Commission/Board of 1st Thursday after 1st Adjustments and Appeals Tuesday at 7: 30 p.m. Community Development Commission 3rd Wednesday at 5: 00 p.m. Energy & Transportation Committee 3rd Wednesday at 7 : 00 p.m. Ad HOC Downtown Committee 2nd Wednesday of month or as needed at 7 : 45 a.m. Cable Communication Commission Quarterly or as needed on Monday at 7: 30 p.m. Housing Advisory and Appeal Board As Needed Building Code Board of Adjustment As Needed & Appeals Shakopee Public Utilities Commission 1st Monday at 4 : 30 p.m. Shakopee Community Recreation 3rd Monday at 7 : 00 p.m. Police Civil Service Commission As Needed Shakopee Youth Building Committee As Needed ff, Name: ,c,'ict G( , L(� r s CSL.) Address: / ES Ll,r7F'j l-t- (1,ti; Phone: (H) fir, _ 7I Vg (B) 7.37 9 9 How long have you been a resident of Shakopee? //yf'4' / S Occupation: C Tri' Uri" Does your work require you to travel? (check one) A great deal Periodically Very little Not at all Do you have any special interests or training which you feel a particular board pr commission could use? (Use separate sheet if necessary) VO L:TA C`cQ [' 1, It'd` f r' S lTy�� f'''% s c, L' w ( 241 7/(�,Dc fi.(.) S IOC /S r'/ L , k/Tr- i• St / }4 fit (IA /(c ri,n 4 I a (I 1/ 7-, ti r=5 r T h s Ail Its / !v 5/ kc �� Board or Commission in which you are interested?�, A a G m' (ic}'rt m u ti •t? ,ri/i t e 4 J/1' Please state briefly why you are interested in serving on this Board/Commission for which you are submitting an application: ,,t,✓c I v fr'a /t,J f�C fe r'L4/l1' S �L'f 714?4 i ti S.1 /Li f d r4 S �•e- 0-e-9 v✓o .t L/ 1 k /ti Ji , F..✓ c• It C G y f w ‘;'4(' c( // • �►/�L, (t l' J / Conflict of interest i de ir) d as the participation in any activity, recommended action, or decision from which the individual has or could have the potential to receive personal gain, whether it be direct or indirect. In accordance with this definition, do you have any legal or equitable interest in any business, however organized, hich could be constructed as a conflict of interest? Yes No . If yes, please provide the details on a separate sheet of per. Please list three references (Name, Address and Phone) : I 1. /341fr' P (4 [1 /14 �,j, , q S � ,PA)c�S :�� J ShcR [-cf el Ick.,is 2. ( �`K= �,�= �r'I� I y 7 /-a k t Ittt. U q t/s1 3 ri 3 3 . L,L T'k1 V s'it) S Tr LP/ I hereby certify that the facts within the foregoing application are true ando t to the best of my knowledge. l e� Sig ure RETURN APPLICATION AND PLEDGE TO: OA) Date City Clerk City of Shakopee 129 East 1st Avenue Shakopee, MN 55379 • 445-3650 )110 DATE RECEIVED: APPLICATION FOR COUNCIL ADVISORY BOARDS AND/OR COMMISSIONS City of Shakopee 129 East 1st Avenue Shakopee, MN 55379 We welcome you as a possible applicant for one of our City Boards and/or Commissions. What are the qualifications for serving on these advisory Boards and Commissions? You must be a resident of Shakopee, except where non residency is permitted by Council resolution, and more importantly, you must have an interest in serving your community. The Boards and Commissions meet during the evening and typically have from one to two meetings per month, as follows: Planning Commission/Board of 1st Thursday after 1st Adjustments and Appeals Tuesday at 7: 30 p.m. Community Development Commission 3rd Wednesday at 5: 00 p.m. Energy & Transportation Committee 3rd Wednesday at 7: 00 p.m. Ad HOC Downtown Committee 2nd Wednesday of month or as needed at 7:45 a.m. Cable Communication Commission Quarterly or as needed on Monday at 7: 30 p.m. Housing Advisory and Appeal Board As Needed Building Code Board of Adjustment As Needed & Appeals Shakopee Public Utilities Commission 1st Monday at 4 : 30 p.m. Shakopee Community Recreation 3rd Monday at 7 : 00 p.m. Police Civil Service Commission As Needed Shakopee Youth Building Committee As Needed Name: t/ � ' ' Address: 3 Phone: (H) 1/445-- /5-.3=,<- (B) 543-: �/ Y f How long have you been a resident of Shakopee? 4,_ Occupation: i Does your work require you to travel? (check one) A great deal Periodically Very little i-/Not oat all Do you have any special interests or training which you feel a particular bo.rd or commission could use? (Use separate sheet if necessary) _ ' ice_ , •• - ,. Board or Commission in which/you are interested? ��/ Please state briefly why you are interested in serving on this Board/Commission for which you are submitting an application: —f_pitc."-y , . o Conflict of interest is defined as the participation in any activity, recommended action, or decision from which the individual has or could have the potential to receive personal gain, whether it be direct or indirect. In accordance with this definition, do you have any legal or equitable interest in any business, however organized, which could be constructed as a conflict of interest? Yes No . If yes, please provide the details on a separate sheet of paper. Please list three references (Name, Address and Phone) : 1. - I / � / / - 5 - G/S- -76 — 444S-- 3 44S=3 . / - / z - /S/ - 444,57_ .S,F I hereby certify that the facts within the foregoing application are true and correct to the best of my knowledge. ,21 Signature RETURN APPLICATION AND PLEDGE TO: - /- 90 Date City Clerk City of Shakopee 129 East 1st Avenue Shakopee, MN 55379 445-3650 DATE RECEIVED: 6I ,Zl/I .�J APPLICATION FOR COUNCIL ADVISORY BOARDS AND/OR COMMISSIONS 4, City of Shakopee v 129 East 1st Avenue Shakopee, MN 55379 We welcome you as a possible applicant for one of our City Boards and/or Commissions. What are the qualifications for serving on these advisory Boards and Commissions? You must be a resident of Shakopee, except where non residency is permitted by Council resolution, and more importantly, you must have an interest in serving your community. The Boards and Commissions meet during the evening and typically have from one to two meetings per month, as follows: Planning Commission/Board of 1st Thursday after 1st Adjustments and Appeals Tuesday at 7: 30 p.m. Community Development Commission 3rd Wednesday at 5: 00 p.m. Energy & Transportation Committee 3rd Wednesday at 7 : 00 p.m. Ad HOC Downtown Committee 2nd Wednesday of month or as needed at 7:45 a.m. Cable Communication Commission Quarterly or as needed on Monday at 7: 30 p.m. Housing Advisory and Appeal Board As Needed Building Code Board of Adjustment As Needed & Appeals Shakopee Public Utilities Commission 1st Monday at 4 : 30 p.m. Shakopee Community Recreation 3rd Monday at 7 : 00 p.m. Police Civil Service Commission As Needed Shakopee Y uth Building Committee As Needed /� Name: ( ,Qc ! c S Address: JS j - 0 Phone: (H) LTh J / � (B) � rn� How long have you been a resident of Shakopee? ) 27/ Occupation: l(tifJ Does your work require you to travel? (check one) A great deal Periodically '\ Very little Not at all Do you have any special interests or training which you feel a particular bard oy co iss*on co 1 ? (U,�te,./ s arate sheet if necessa ) -�'1��� c _, s��Ct '/�l Ck G>,-77 <-/V\ 4 Boar or Commission in which you are interested? i4''2,t jez-cy? v (4 1-- Please state briefly why you are interested in serving on this Board/Commission for which you re submitting an application* 4 0....._ cc.,.._(\_,c,.324...., `' ' ,r3 I ) f ----;L_±- /AV _ ,/,,, e4,(_J2, . ,_.,_-) A i-e,tv -?--1--ncy( ,_ , 0 (-?-e-z-(_ J Co/ flict of interest is defined as the participation in any activity, recommended action, or decision from which the individual has or could have the potential to receive personal gain, whether it be direct or indirect. In accordance with this definition, do you have any legal or equitable interest in any business, however organized, which could be constructed as a conflict of interest? Yes No . If yes, please provide the details on a separate sheet of paper. Ple list_thee r,ferences (Name, Address and Phone) : 1. -I C„ (\ ii 2. aiti f I 3 . ni ck . I I h reby certlorify that the facts within the foregoing application ar rue � rect to the best of my knowledge. 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N v1 N 0 H O\ 4-- H H' H' c3+ V) O 0 N \.), '0 N U' w H' `n '0 co \x, vi VO • F-' \-n4 0 \n 4- v'1 CO 4' 0 ] O\ O N 4' vl F' 0 0 C\ OO N -4 co -4 -7 0 0 w O Co 0 0 Co 0 0 0 VD -7 \n co -4 O\ 4- 0 0 \0 0 \O co 0 ((DD 0 C' z a C) C) e+ c-4 0 F-' COCO-1 0\N r O 'Z] 0 Wh' H0\-F-HHCK I I I I I I I t7 9 C b U) F-' r 3 C] 0 1-3 C) c+ ¢o (D K O (D O n r•c•C £ Co P) B 0 H cf• I-. K (D VO 0 B (D a c� ~ �o t+ H. H tzi 1-3 i O (.40 N (fin w (CD CDD A• 9 `F (CD '1 B c0+ P 0 0 I r• Cl. O c0 z II ro c+ () a 0• C) qU o C = z (D H 3 0) P) H x a La 01 .< s. W rn W > VI tzi N'fl\0� OW� N V v~, oC�O°�° oOOH d n til 0 o x ',0 • 0 z 0 • CD M a 0 '1 CI X 9 B c+ 1 � ' ONSENT MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk RE: 3 . 2 Beer License - Shakopee Bowl DATE: July 13 , 1990 INTRODUCTION & BACKGROUND: On June 19 , 1990, City Council tabled the application of Kenneth D. Berg for a beer license because it was incomplete. The application is still incomplete and we are awaiting additional information regarding the liquor liability insurance. The Shakopee Bowl has been closed for the summer beginning June 1st until August 3rd. We will undoubtedly receive the necessary information from Mr. Berg in time for August 7th Council meeting. RECOMMENDED ACTION: 1. Remove the application from Kenneth D. Berg for an On-Sale Non-Intoxicating Malt Liquor License from the table. 2 . Table the application from Kenneth D. Berg for an On-Sale Non- Intoxicating Malt Liquor License at 222 East 1st Avenue. JSC/tiv CONSENT Al MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk RE: Request by A Government to Spend Gambling Funds DATE: July 13 , 1990 INTRODUCTION AND BACKGROUND: The American Legion desires to purchase new flags for street display on holidays, and poles. I have been asked to sign the attached request. When gambling funds are spent at the request of a governing body, the licensee (American Legion in this case) does not have to pay federal taxes on these funds. You will remember that a similar request was made by the Jaycees when they donated money for the lights at Tahpah Park and by the Lions for future development of the lower portion of Lions Park. RECOMMENDED ACTION: Authorize and direct the City Clerk to execute a "Request by a Government to Spend Gambling Funds" to the American Legion Post #2 for flags and poles for street display on holidays. AMERICAN.LEG l2 � f—23 CG503 ta.v.gi27reg) Minnesota Lawful Gambling Request by a Government to Spend Gambling Funds Government Information M> ? ?? R4Oe )aMS ? Fy : UY4MtirYF ?? ZF? Y «K Kw Name of Government Phone Number CITY OF SHAKOPEE (612 ) 445-3650 Address City State Zip Gode 129 EAST FIRST AVENUE SHAKOPEE MN. 55379 Check type of government making request City County Township ❑ School District No. of ❑ State of Minnesota, Department of ,Division of I United States, Department of ,Division of ❑ Other ::i}i:!Y.r.}:!({.: :.H..i {(4:.}}:;,;;:•!.r;i.}:;�:�.:{!},v,:::{rr.'f.?^. N. ...::.. :::•:::::.::.::::::::.�::.:.�::::F}iii... .: ^.:. ... :: .::..':.�X::};:i.'F'i:F::::::::i. ...... :fi::v. Organization Information :<;:.:} ;.i:.:.i:.i:<:.�.}:<.}::;;«:::::::,:::::::::::.::<.�:<.;.:.},:::.::;., ::>:::; .:,..,.:::.::,.::..:<:,..,::,::: : ::}..:.:.. . :....... Organization Phone Number License Number American Legion Post #2 (612 ) 445-5253 A-00466-001 Address City State Zip code 1266 East 1st Avenue Shakopee Minn. 55379 Lawful Purpose Request The above-named government requests lawful gambling profits for(explain expenditure-attach additional sheet if necesarv): ( Amount requested Ei initiating, performing or fostering worthy public works: Flags for street $ display on holidays & poles . ❑ erecting or maintaining public structures: ❑ lessening the government's burdens: ❑ voluntarily supporting, augmenting, or supplementing services that the government would usually perform: By completing and signing this form, the government's agent confirms that the requested funds will be spent for a lawful purpose.This request expires one year from the date below and may be renewed at the request of the local governing body. Signature of government agent Tide Date Print name Use of Form: •If an organization wishes to expend gambling funds on behalf of a governing body,the governing body must complete this form. •Approval of the Gambling Control Board is not required. Do not send this form to the Gambling Control Division. •Organizations: Attach a copy of this form with your Schedule C Report for the month in which the funds are spent. Send to: Department of Revenue, Special Taxes Division, Mail Station 3350, St.Paul, MN 55146-3350. (Do not use this form for expenditures to improve, maintain, repair, expand, acquire or erect real property owned or leased by the organization;those expenditures require board approval. Use form CG260. available from the Gambling Control Division) CONSENT J3j Memo to: Dennis R. Kraft, City Administrator From: Marilyn Remer, Personnel Coordinator Re: Resolution No. 3253 Amending Personnel Policy Date: July 11, 1990 Introduction Legislation passed in the last session of the Minnesota Legislature created several new employee benefit programs. Background A memo detailing several amendments to the Parenting Leave Act (M.S. 181. 940) was submitted to Council at its July 3 , 1990 meeting. Certain sections of the Personnel Policy must be amended to comply with those amendments. Council authorized staff to draft a resolution amending the Personnel Policies to comply with 1990 Legislative Amendments. Resolution No. 3253 addresses these changes. Recommendation Staff recommends Council approve Resolution No. 3253 , A Resolution Amending the City of Shakopee Personnel Policy as Adopted by Resolution No. 1571. Action Requested Offer Resolution No. 3253 , A Resolution Amending the City of Shakopee Personnel Policy as Adopted by Resolution No. 1571, and move its adoption. 3 "� RESOLUTION NO. 3252 A RESOLUTION AMENDING THE CITY OF SHAKOPEE PERSONNEL POLICY AS ADOPTED BY RESOLUTION NO. 157 WHEREAS, Resolution No. 1571 was adopted by the City to provide reasonable and clear expectation of the conditions of employment for its employees; and WHEREAS, legislation passed in the 1990 session of the Minnesota Legislature created several new employee benefit programs; and WHEREAS, it is necessary to amend certain sections of Resolution No. 1571 to be in compliance with Minnesota State Statutes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that Section 12 is hereby amended to read as follows: SECTION 12. PARENTING LEAVES: Minnesota Statute 181. 940, 181. 941, 181. 942 , 181. 943 and 181. 944 provide for certain employee leave of absences. Definitions relating to these leaves are as follows: "Employee" means a person who performs services for hire for the city for at least 12 consecutive months preceding the request, and for an average of 20 or more hours per week during those 12 months. "Child" means an individual under 18 years of age or an individual under age 20 who is still attending secondary school . Subdivision 1. Six-Week Leave; Birth or Adoption An unpaid leave of absence shall be granted to an Employee who is a natural or adoptive parent in conjunction with the birth or adoption of a child. The length of the leave shall be determined by the employee, but may not exceed six weeks. The leave may begin not more than six weeks after the birth or adoption of the child; except that, in the case where the child must remain in the hospital longer than the mother, the leave may not begin more than six weeks after the child leaves the hospital. The length of parental leave may be reduced by any period of paid parental or disability leave, but not accrued sick leave, provided by the city, so that the total leave does not exceed six weeks. au/ 13 Group health and life insurance is available to the employee while on leave with the employee paying the actual cost of the premium. Subdivision 2 . School Conference and Activities Leave An employee will be granted unpaid leave up to a total of 16 hours during any school year to attend school conferences or classroom activities related to the employee's child, provided the conferences or classroom activities cannot be scheduled during nonwork hours. When the leave cannot be scheduled during nonwork hours and the need for the leave is foreseeable, the employee must provide reasonable prior notice of the leave and make a reasonable effort to schedule the leave so as not to disrupt unduly the operations of the department. Accrued vacation leave or comp time may be used. Subdivision 3 . Sick Child Care Leave An employee may use personal sick leave benefits for absences due to an illness of the employee' s child for such reasonable periods as the employee ' s attendance with the child may be necessary, on the same terms the employee is able to use sick leave benefits for the employee' s own illness. Subdivision 4 . Reinstatement after Leave An employee may, by agreement with the City Administrator, return to work part-time during the leave period without forfeiting the right to return to employment at the end of the leave period. An employee returning from the six-week birth or adoption leave is entitled to return to employment in the employee' s former position or in a position of comparable duties, number of hours, and pay without losing any wage increases or benefits. An employee returning form a leave more than one month must notify a supervisor at least two weeks prior to return from leave. An employee returning from a school conference leave or sick child care leave is entitled to return to employment in the employee ' s former position. If during a parenting leave, the city experiences a layoff, and the employee would have lost a position had the employee not been on leave, pursuant to the good faith operation of a bona fide layoff and recall system, including systems under collective bargaining agreements, the employee is not entitled to reinstatement in the former or comparable position. BE IT FURTHER RESOLVED, that a new Section 13 . Bone Marrow Donor Leave is added. The existing Section 13 . Leaves without Pay hereby becomes Section 14 and each subsequent Section is appropriately renumbered. cr./ SECTION 13. BONE MARROW DONOR LEAVE MN Stat. 181. 945 provides an employer must grant paid leaves of absence to an employee (who works an average of 20 or more hours per week) who seeks to undergo a medical procedure to donate bone marrow. The combined length of the leaves shall be determined by the employee, but may not exceed 40 work hours. The employer may require verification by a physician of the purpose and length of each requested by the employee to donate bone marrow. If there is a medical determination that the employee does not qualify as a bone marrow donor, the paid leave of absence granted to the employee prior to that medical determination is not forfeited. Adopted 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 ® NSENT Memo To: Dennis R. Kraft, City Administrator From: Marilyn Remer, Personnel Coordinator Re: School and Sick Kid Leaves Date: June 26, 1990 Introduction Legislation passed in the last session of the Minnesota Legislature created several new employee benefit programs. Background Several amendments to the Parenting Leave Act (M.S. 181. 940) were enacted by the 1990 Legislature. Following is a summary: Subject: Employees Leaves of Absence Bill: S .F. 409 Chapter: 577 Effective August 1, 1990 Clarifies the definition of "employee" (M.S. 181. 940, subd. 2) to mean only those who have worked for the employer for at least 12 consecutive months and for an average of 20 or more hour per week. Adds subd. 4 which defines "child" as an individual under 18 years old or who is still attending secondary school. Amends M.S. 181. 941, subd. 2 (birth or adoption leave) . When the child must remain in the hospital longer than the mother, the leave may not begin more than six weeks after the child leaves the hospital . Amends subd. 4 to require the employer to make any group insurance coverage available to the employee. (Does not require the employer to pay the costs) . Adds section 3 to M. S. 181. 9412 , school conference and activity leave. This sections requires the employer to grant up to 16 hours, during the school year, to an employees ' child, provided the conference or activity cannot be scheduled during nonwork hours. This provision applies to all public and private employers, regardless of size. Leave need not be paid; however, employee way use vacation leave. Adds section 4 to M. S . 181. 9413 sick child care leave. This section allows an employee to use personal sick leave benefits to care for a sick child in the same manner the employee is allowed to use the sick leave for the employee ' s own illness . Amends M. S . 181. 942 , subd. 1 which states that an employee must be allowed to return to his/her former employment when using the school conference/activity/leave or sick child care leave. Further entitles the employee to return to employment at the same rate of pay without losing any wage increases or benefits . Also, BONE MARROW DONORS. Chapter 536 (S.F. 1903) provides that the commissioner of health shall educate and recruit people for bone marrow donors. In order to encourage potential donors, the law provides that all employers with twenty or more employees at at least one site (including cities and all other public employers) must give paid leaves of absence to an employee (who works an average of 20 or more hours per week) who seeks to undergo a medical procedure to donate bone marrow. The combined length of the leaves shall be determined by the employer, but may not exceed 40 work hours, unless agreed to by the employer. The employer may require verification by a physician, but if there is a medical determination that the employee does not qualify as a bone marrow donor, the paid leave of absence granted prior to that determination is not forfeited. Employer retaliations are expressly prohibited, and the law states that an employer may provide leave for donors in addition to the leave allowed by this new law. Effective August 1, 1990. Certain sections of the Personnel Policies for the City of Shakopee must be amended to comply with the, above amendments. Action Requested Authorize staff to draft a resolution amending the Personnel Policies for the City of Shakopee to comply with 1990 Legislative Amendments to M.S. 181. 940 . 62/ ( 4) Also, BONE MARROW DONORS. Chapter 536 (S.F. 1903) provides that the commissioner of health shall educate and recruit people for bone marrow donors. In order to encourage potential donors, the law provides that all employers with twenty or more employees at at least one site (including cities and all other public employers) must give paid leaves of absence to an employee (who works an average of 20 or more hours per week) who seeks to undergo a medical procedure to donate bone marrow. The combined length of the leaves shall be determined by the employer, but may not exceed 40 work hours, unless agreed to by the employer. The employer may require verification by a physician, but if there is a medical determination that the employee does not qualify as a bone marrow donor, the paid leave of absence granted prior to that determination is not forfeited. Employer retaliations are expressly prohibited, and the law states that an employer may provide leave for donors in addition to the leave allowed by this new law. Effective August 1, 1990. Certain sections of the Personnel Policies for the City of Shakopee must be amended to comply with the above amendments. Action Requested Authorize staff to draft a resolution amending the Personnel Policies for the City of Shakopee to comply with 1990 Legislative Amendments to M.S . 181. 940 . 13 MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Directo ('`t i SUBJECT: Bloomington Ferry Bridge DATE: July 17 , 1990 INTRODUCTION: Attached is Resolution No. 3256, A Resolution approving of the layout for the Bloomington Ferry Bridge for Council consideration. BACKGROUND: The preliminary design of the Bloomington Ferry Bridge is nearly completed and the County will soon be starting the final design of this project. Due to the magnitude of this project, Scott County is requesting that the City of Shakopee approve of the preliminary design and layout by Resolution prior to final design starting. Once the final plans are completed, the City of Shakopee will again have to approve of those by Resolution prior to construction. The layout being requested for approval by Scott County consists of the entire C.R. 18 alignment from I-494 south to the Shakopee Bypass, including the Bloomington Ferry Bridge and interchange in Shakopee. Even though the City is being asked to approve of the entire route, the only portion that is actually within the Shakopee Corporate Limits is the interchange with the Shakopee Bypass at the south end of the bridge. The Scott County Highway Engineer, Brad Larson, will be present at the July 17 , 1990 Council meeting to discuss the proposed layout with the City Council and answer questions. Plans will be available at the meeting showing the proposed layout. Attached is Resolution No. 3256, which approves of the layout for the C.R. 18 Project. ALTERNATIVES: 1. Adopt Resolution No. 3256. 2 . Deny Resolution No. 3256. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 3256, A Resolution Approving the Layout for the C.R. 18 Project from I-494 to the Proposed Shakopee Bypass and move its adoption. 3 �, I RESOLUTION NO. 3256 A Resolution Approving the Preliminary Plans and Layout for the County Road 18 Project From I-494 to Proposed Shakopee Bypass WHEREAS, Scott County in conjunction with Hennepin County has prepared preliminary plans and a proposed layout for the County Road 18 Project from I-494 to the Proposed Shakopee Bypass including the new Bloomington Ferry Bridge; and WHEREAS, a portion of this project lies within the Corporate Limits of the City of Shakopee; and WHEREAS, the proposed layout has been presented to the City Council for their review. NOW THEREFORE, BE IT RESOLVED: That said layout and preliminary design for the improvement of County Road 18 within the Corporate Limits of Shakopee be approved. Upon the call of the roll, the following Council members voted in favor of this Resolution: and, the following Council members voted against the adoption of this Resolution Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1990. Mayor of the City of Shakopee ATTEST: I City Clerk Approved as to form this day of , 1990 . City Attorney 13 (I MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBEJCT: Shakopee Bypass DATE: July 12 , 1990 INTRODUCTION: Attached is a Resolution Approving Plans and Specifications for the Shakopee Bypass for Council consideration. BACKGROUND: Plans and specifications for Phase I of the Shakopee Bypass are completed and the project is ready for bidding. This portion of the Bypass consists of the grading, surfacing and retaining walls and one bridge at the far east end of the Bypass. The total estimate for this phase is $3 . 25 million. Mn/DOT has sent the City of Shakopee a request to approve of the plans by Resolution and return the signed Resolution by July 23 , 1990. The proposed bid opening is July 27 , 1990. Construction will commence approximately 6-8 weeks after that. ALTERNATIVES: 1. Adopt the attached Resolution. 2 . Deny the attached Resolution. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 3257 , A Resolution Approving Plans and Specifications for the Shakopee Bypass, State Project No. 7005-51 (101=187) and move its adoption. DH/pmp MEM3257 State Project 7005-51(101=187) /3 C� State Funds RESOLUTION NO. 3257 A Resolution Approving Plans and Specifications for the Shakopee Bypass At a meeting of the City Council of the City of Shakopee, held on the day of , 1990, the following Resolution was offered by ; seconded by , to wit: WHEREAS the Commissioner of Transportation for the State of Minnesota has prepared: plans, special provisions, and specifications for the improvement of Trunk Highway No. 187, renumbered as Trunk Highway No. 101, within the corporate limits of the City of Shakopee, from 0.25 Mi. W. of the C.N.W. Ry. to the East Corp. limits; and seeks the approval thereof; NOW, THEN, BE IT RESOLVED that said plans and special provisions for the improvement of said Trunk Highway within said corporate limits of the City, be and hereby are approved including the elevations and grades as shown and consent is hereby given to any and all changes in grade occasioned by said construction. BE IT FURTHER RESOLVED that the City does hereby agree to require the parking of all vehicles, if such parking is permitted within the corporate limits of said City, on said Trunk Highway, to be parallel with the curb adjacent to the highway, and at least 20 feet from any crosswalks on all public streets intersecting said trunk highway. Upon the call of the roll, the following council members voted in favor of the Resolution: and, the following council members voted against the adoption of the Resolution: whereupon the mayor and/or the presiding officer declared the Resolution adopted. Dated: , 1990. Mayor Attest City Clerk STATE OF MINNESOTA ) ) COUNTY OF SCOTT ) CITY OF SHAKOPEE ) I do hereby certify that at said meeting (of which due and legal notice was given) of the City Council of the City of Shakopee, Minnesota, on the day of , 1990; at which a majority of the members of said Council were present, the foregoing Resolution was adopted. Given under my hand and seal this day of , 1990. City Clerk RW10509A.R1 CONSENT /Xct. MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Appointment of Acting City Administrator DATE: July 12, 1990 INTRODUCTION: Both the City Administrator and Assistant City Administrator will be on vacation between July 20th thru the 23rd. It therefore becomes necessary to appoint an Acting City Administrator in their absence. BACKGROUND: The Assistant City Administrator serves as the Acting City Administrator in the absence of the City Administrator. A situation has arisen in which both the City Administrator and Assistant City Administrator will be absent during the same time period. In the past, it has been the practice of the City of Shakopee to appoint the City Clerk as the Acting City Administrator in the event that both the City Administrator and Assistant City Administrator are absent. Therefore, staff is recommending that Judith Cox, City Clerk be appointed as Acting City Administrator for the time period between July 20th thru 23rd. ALTERNATIVES: 1. Appoint Judith Cox, City Clerk as Acting City Administrator for the time period between July 20th thru the 23rd. 2. Appoint one of the other department heads to serve as Acting City Administrator in the absence of both the City Administrator and Assistant City Administrator. STAFF RECOMMENDATION: Staff recommends alternative #1. ACTION REQUESTED: Move to appoint Judith Cox, City Clerk as Acting City Administrator for the time period between July 20th thru July 23rd, 1990. CONSENT MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk -.C. RE: Gambling License - VFW • DATE: July 16, 1990 INTRODUCTION: The Shakopee VFW is making application for a gambling license at their old site, 132 East First Avenue. They are requesting that the City Council approve waiving the 60 day review period. BACKGROUND: The Shakopee VFW has sold their building at 132 East First Avenue and will be opening up in their new building at 1201 East 3rd Avenue sometime in August. They have made application for a gambling license at their new site. The Shakopee VFW desires to obtain a gambling license at their old site, 132 East First Avenue - which will be a second license for them. They are requesting that the City Council approve waiving the 60 day review period. If Council waives the review period at their July 17th meeting, the application will be considered by the Gaming Division at their August 20th meeting. If Council waives the review period at their August 7th meeting, the application will be considered by the Gaming Division at their September 17th meeting. The Shakopee VFW meets the requirements of the city code. ALTERNATIVES: 1. Waive review period 2 . Do not waive review period RECOMMENDED ACTION: Move to waive the 60 day review period for the V.F.W. Post 4046 for a gambling license at Turtles Bar & Grill , 132 East 1st Avenue. WAIVER--.VFW Pict MEMO TO: Dennis R. Kraft, City Administratorte„ FROM: Lindberg S. Ekola, City Planner RE: Overhead Electric Lines - North Star Auto Auction DATE: July 16, 1990 INTRODUCTION: Shakopee Public Utilities Commission (SPUC) is requesting two overhead electric lines, one temporary and one permanent, to serve the new Northstar Auto Auction site located on Valley Industrial Boulevard North. Section 4 . 35 of the City Code requires a review by the Planning Commission with a recommendation forwarded to the City Council. A memo from the Utilities Manager discussing the overhead lines has been attached. At their July 12 , 1990 meeting, the Planning Commission approved a recommendation for the installation of the proposed temporary and permanent overhead lines serving the North Star Auto Auction site. BACKGROUND: The following excerpt is from the City Code in reference to the provision of overhead power lines: B. Technical and Economic Feasibility. Above-ground placement construction, modification or replacement of lines shall be allowed in residential , commercial and industrial areas where the Council, following consideration and recommendation by the Planning Commission, finds that: 1. Underground placement would place an undue financial burden upon the landowner or the utility company or deprive the landowner of the preservation and enjoyment of substantial property rights; or, 2 . Underground placement is impractical or not technically feasible due to topographical , subsoil or other existing conditions which adversely affect underground utility placement. In the attached memo from the Utilities Manager a reference is made to previous overhead electric lines approved in the proposed area. At the October 19 , 1989 meeting, the Planning Commission approved a motion to recommend the overhead lines. The minutes from this meeting have also been attached. DISCUSSION: In general, City staff prefers not to have overhead electric lines constructed for several reasons. Safety and aesthetic concerns are two of the primary issues involved with overhead lines. l0 The land use in the area is industrial with much of it being vacant at this time. The impact of overhead lines in this area is viewed as being not as significant as if it were proposed in a residential or downtown area. In addition there are existing overhead lines in the area. The memo from the Utilities Manager addresses the economic concerns. ALTERNATIVE: 1. Approve construction of the overhead electric lines. 2 . Deny construction of the overhead electric lines. STAFF RECOMMENDATION: Because of the economic concerns facing SPUC, staff recommends that the overhead lines be approved. ACTION REQUESTED: Move to concur with the Planning Commission recommendation for the construction of the two overhead electric lines for the new North Star Auto Auction site located on Valley Industrial Blvd. North. PLANNING COMMISSION SHAKOPEE, MINNESOTA SPECIAL SESSION OCTOBER 19, 1989 Members Present: Foudray, Czaja, Stafford, Rockne, Forbord, Kahleck Members Absent: Allen Others Present: Douglas K. Wise - City Planner, Lou VanHout - SPUC Manager I . ROLL CALL Chairman Forbord called the meeting to order at 6 : 30 P.M. Roll call was taken as noted above. II. REQUEST BY SHAKOPEE PUBLIC UTILITIES COMMISSION FOR OVERHEAD TRANSMISSION LINES . Wise stated that the City Council directed the Planning Commission to hold a special meeting to act on a request by Shakopee Public Utilities Commission (SPUC) to construct an overhead electrical transmission line between the NSP Blue Lake Substation and Canterbury Industrial Park. Wise stated that Section 4 . 35 of the city code requires transmission lines to be located underground, unless an exemption is granted by the City Council after receiving a recommendation from the Planning Commission. Wise outlined the criteria contained in the code which must be met in order to grant an exemption. Wise indicated that at least one of the two criteria must be met. VanHout reviewed the project with the commission. VanHout indicated that the cost of constructing the line overhead is $130 , 000 and the cost of placing the wires underground would be approximately $342 , 000. He said NSP also has an overhead transmission line along Highway 101. NSP plans to remove their poles and locate their line on the same poles as the SPUC line. Foudray asked if the cost given for the underground location of the line was a firm bid. VanHout said the $342 , 000 figure for locating the line underground was an engineer's estimate, not a firm bid. Forbord asked why SPUC could not locate their line on NSP's pole. He also asked if NSP was definitely going to remove their poles and locate their line on SPUC poles. VanHout said that the existing NSP poles were not high enough to locate another line on. The poles SPUC will be using will be high enough for two lines. VanHout indicated that NSP intends to remove their poles and locate their lines on the SPDC poles, however, SPUC cannot require them to do it. MOTION: Kahleck/Rockne moved that the Planning Commission recommend to the City Council that an exemption from the requirement for underground utility lines for the electrical line connecting the NSP Substation with Canterbury Industrial Park be granted on the basis of criterion #1 contained in City Code Section 4 . 35,Subd. 2B, in that the underground placement of the electrical line would place an undue financial burden on the utility company. Motion passed with Foudray opposed. III. ADJOURNMENT MOTION: Czaja/Rockne moved to adjourn the Planning Commission meeting. Motion passes unanimously. Meeting adjourned at 7: 30 P.M. Douglas K. Wise City Planner TO: Lindberg Ekola , City Planner FROM: Lou Van Hout , Utilities Manager RE: Request for Review and Approval of Overhead Electric line on Valley Industrial Blvd. North DATE: 7/5/90 Last week a drawing was sent to you to indicate the route of the overhead line about which we would soon be requesting approval of an overhead line in that particular location from the Planning Commission and City Council . This memo is the request to accompany that drawing. BACKGROUND: Last Fall , the planning Commission and City Council granted approval for a new overhead line along (and South of) Highway 101 , and along Valley Park Drive, both of which are which are East of the location of the proposed line. That line approved last fall has been installed along (and South of) Highway 101 , but has not yet been installed on Valley Park Drive due to discovery of a narrower right of way on that street than anticipated. DISCUSSION: The route of the proposed overhead line covered by this request , is along Valley Industrial Blvd. North, starting at Valley Park Drive and extending westward approximately 3/4 of a mile. The immediate need for this line is for electric service to the Auto Auction complex now being built, and to the Canterbury Park 1st Addition. The route may also become an alternative to the one previously approved on Valley Park Drive. The new line would connect to the already constructed overhead electric line on highway 101 , and provide a service point for the underground service into the Canterbury Park 1st Addition. It would then continue to the West to provide a service point for the underground service into the Auto auction property. I would like to present the following reasons for granting the approval : The line will only be along the roadway. service into the subdivision and to the Auto Auction will be underground. There is an existing NSP overhead electric line on the road West of the area where this line is proposed. There will be significant additional costs incurred to construct this line underground. Some of those costs would probably fall to SPUC, and some to the property owners requesting service . �/ ! p � I , , / T4- �- I t I,7 ,......„ , / �; I t ,✓ //// 11 ii � I I I rL� ( I �. I L 1= I v_ '/ 1 I .Z I �1_ • _ � J W I / / , i az I j I•/1/ I 44 I .47 CA.// (-7.N.I.(N (,\, tx2.Ts.41",......a\-'1 i I — I r vo ç. .\ , r/ f I II , / 1 �,' Ij itli \\`�� f it S 1 I o F= . 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FEE ., \ ____ MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director L � SUBJECT: Adams Street, Project 1990-3 DATE: July 17 , 1990 INTRODUCTION: Attached is Resolution No. 3259, A Resolution Accepting Bids and Awarding the Contract for Adams Street, Project No. 1990-3 . BACKGROUND: On January 2 , 1990 the City Council ordered the plans and specifications for the Adams Street Project. This project consists of adding pavement and curb & gutter to Adams Street from 6th Avenue to 3rd Avenue and also 4th Avenue from Adams Street to Harrison Street. On June 29, 1990 at 10: 00 A.M. bids were received and publicly opened for this project. A total of four bids were received and are summarized in the attached Resolution. The low bid was submitted by Northwest Asphalt, Inc. of Shakopee, Minnesota for a total bid of $145, 880. 00. At the July 3 , 1990 City Council meeting staff informed the Council that the State of Minnesota Corrections Department was refusing to issue an easement to the City of Shakopee for constructing this project. This additional easement was needed along the east side of Adams Street in order to realign Adams Street with County Road 15 on the south side of 6th Avenue. Awarding the contract to the low bidder was postponed by the City Council until staff could negotiate this easement from the prison property. The Mayor and City Administrator have succeeded in acquiring this easement from the Corrections Department. Therefore, staff is requesting that the City Council award the contract on this project so that construction can still be completed during the 1990 construction season. The Engineering Department has reviewed all bids for completeness and also the qualifications of Northwest Asphalt, the low bidder, and have determined that they are able to perform the work as described by the plans and specifications. Attached is Resolution No. 3259 which accepts the bid on this project and awards the contract to Northwest Asphalt. The engineer' s estimate for this project was approximately $146, 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 costs for use by the project administrator to cover any change orders or quantity adjustments. A contingency amount of 10% of the bid is equal to $14 , 588 . 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. ALTERNATIVES: 1. Accept the low bid and adopt Resolution No. 3259 awarding the contract to Northwest Asphalt, Inc. 2 . Reject 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 the low bid and award the contract to Northwest Asphalt, Inc. of Shakopee, Minnesota for a total amount of $145, 880 . 00 . Staff also is recommending that the two actions taken at the last Council meeting be rescinded. Those two actions were: 1) adopted a resolution authorizing condemnation proceedings to start and 2) ordered staff to prepare a feasibility report for extending 4th Ave. and 5th Ave. through the prison property. ACTION REQUESTED: 1. Offer Resolution No. 3259 , A Resolution Accepting Bid On Adams Street Between 6th Avenue and 3rd Avenue and 4th Avenue Between Adams Street and Harrison Street, Project No. 1990-3 and move its adoption. 2 . Approve of a contingency in the amount of 10% of the contract for use by the City Engineer in authorizing change orders on this project. 3 . Move to reconsider Resolution No. 3252 (authorizing condemnation to begin) . 4 . Offer Resolution No. 3252 and vote in the negative. 5. Move to direct staff to cease all work in preparing a feasibility report for the extension of 4th Ave. and 5th Ave. through the prison. DH/pmp MEM3259 RESOLUTION NO. 3259 I -P/ A Resolution Accepting Bid on Adams Street, Between 6th Avenue and 3rd Avenue and 4th Avenue Between Adams Street and Harrison Street Project No. 1990-3 WHEREAS, pursuant to an advertisement for bids for the Adams Street Project, between 6th Avenue and 3rd Avenue and 4th Avenue between Adams Street and Harrison Street, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Northwest Asphalt, Inc. $145, 880. 00 Wm. Mueller & Sons $149,775. 45 Alber Construction $154, 259 . 00 Hardrives, Inc. $155, 084 . 50 AND WHEREAS, it appears that Northwest Asphalt, Inc. , 1451 County Road 18, Shakopee, MN 55379 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 Northwest Asphalt, Inc. , in the name of the City of Shakopee for the improvement of Adams Street by Pavement and Curb & Gutter, 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 / sES°, yo Minnesota Department of Transportation Metropolitan District 11* Transportation Building p wilding t St. Paul, Minnesota 55155 12).OF TO* Oakdale Office, 3485 Hadley Avenue North, Oakdale, Minnesota 55128 Golden Valley Office, 2055 North Lilac Drive, Golden Valley, Minnesota 55427 Reply to 593-8405 Telephone No. July 6, 1990 Honorable Gary Laurent Mayor of Shakopee 129 East First Avenue Shakopee, MN 55379 RE: S.P. 7009-58 & 59 (T.H. 169 in Shakopee) Dear Mayor Laurent: In response to our conversation on July 2, 1990, I am presenting you a revised schedule of the Shakopee Mini Bypass projects. The north abutment fill project, S.P. 7009-58, which was scheduled for July 27, 1990, letting date, will be delayed until August 24, 1990. This delay of one month was due to additional design work needed for an access road and parking lot for the U.S. Fish and Wildlife Service. This extra work was negotiated with them as a right of way consideration. The Shakopee Mini Bypass and Minnesota River Bridge have been rescheduled from April 26, 1991, to November 22, 1991. There are 48 parcels affected by this project. Thirteen of the parcels involve relocation action and some of the parcels have multiple tenants. The Minnesota Department of Transportation (Mn/DOT) is currently writing descriptions and computing the affected areas in order to make appraisals of the properties. According to our time framework and where the project is in the right of way process, we are approximately 16 to 18 months away from the letting date. These letting date changes do not in any way reflect a lessening priority of these projects. As I explained to you, my philosophy on scheduling projects is to assume the best case (most optimistic) and to set a tentative letting date based on that schedule. This locks in the appropriate funding and also establishes early deadlines to meet. Rarely does a project proceed through the process without some problems developing. Because these problems are not "built into" the schedule, when they cannot be readily resolved, the letting must be delayed. While it is never a good idea to delay a project, I have found this to be the best way to approach project scheduling. To build in these possible delays from the outset would probably guarantee a later letting date. Cefkltar—e;--/ MINNESOTA 1990 An Equal Opportunity Employer Honorable Gary Laurent July 6, 1990 Page 2 I apologize for the delay in the letting dates of these projects, but I want to reassure you that it is not due to a change in priorities. If you have any questions regarding this matter, please give me a call. Sincerely, -(AVe-e ames T. Povich, P.E. Assistant District Engineer #19H, July 12, 1990 City Administrator City of Shakopee 129 East First Avenue Shakopee, MN 55379 Dear Sir: As in previous years, St. Mark' s is planning to close 3rd Avenue, between Atwood and Scott Streets, Thursday evening, July 27, 1990, and will reopen it on Monday evening, July 31, 1990. We will make arrangements with Shakopee Public Works to use their sawhorses to mark the closure. We have made alternate arrangements to secure our tents without pounding stakes into the new pavement, and we do appreciate your direction in this matter. If you have further questions, please call me at 445-6217. Thank you, /e4- C Doug Rider Julifest General Chair 1167 Jackson St . Shakopee, MN 55379 )/57. MEMO TO: Dennis Kraft, City Administrator FROM: David Hutton, Public Works Directok SUBJECT: 5th Avenue Project DATE: July 12 , 1990 The 5th Avenue Project has been delayed for almost one year due to legal issues involving the assessability of all properties and in obtaining the appraisals for the various alternatives in order to reduce the City' s exposure to appeals of any assessments. The appraisal report is now completed and has been submitted to the Assistant City Attorney. The Assistant City Attorney is requesting that this issue be discussed at an executive session on July 17 , 1990. Additional information will be coming directly from the Attorney. DH/pmp 5TH