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HomeMy WebLinkAbout02/18/1992 MEMO TO: Honorable Mayor and City Council FROM: Dennis R. Kraft, City Administrator RE: Non-Agenda Informational Items DATE: February 14 , 1992 1. Attached is a correspondence from Randy Kubes and Ted Jasper regarding a proposed development project. Staff has scheduled Mr. Jaspers and Mr. Kubes for a meeting before the Development Review Team to address the issues raised in Mr. Kubes 's correspondence. 2 . Attached is a correspondence that Mayor Laurent received from the Minnesota Valley Community Band requesting financial assistance. A communication will be drafted indicating that the City does not have the financial resources at this time to contribute to the Minnesota Valley Community Band. Said communication will be sent following the February 18, 1992 Council meeting unless otherwise directed by Council. 3 . Attached is a correspondence that Mayor Laurent received from the Metropolitan Waste Control Commission regarding a one time sewage flow rebate. 4 . Attached are the January 15, 1992 Scott County Economic Development minutes. 5. Attached is a memorandum from the City Clerk regarding the contract with Boarman & Associates. 6. Attached is the Building Activity Report for January, 1992 . 7. Attached are the January 6th & 29th minutes of the Shakopee Public Utilities Commission. 8. Attached is correspondence from the DNR regarding some of the steps involved in acquiring interest in Parcel #159 for the MN Valley Trail. 9 . Attached is a memorandum from the Public Works Director regarding T.H. 101 and C.R. 83 Intersection. 10. Attached is an article from Government Technology_ regarding LOGIS. 11. Attached is the Police Newsletter for Council review. 12 . Attached are the unapproved minutes of the January 27, 1992 meeting of the Shakopee Parks and Recreation Advisory Board. 13 . Attached are the Revenue and Expenditure Reports as of January 31, 1992 . 14 . Attached are the unapproved minutes of the December 18, 1991 meeting of the Community Development Commission. 15. Attached is a memorandum from the Public Works Director regarding cracksealing on Holmes Street. * 1 MAI` REALTY WORLD®— Kubes MMI 1221 4th Avenue East, Suite#100, Shakopee, MN 55379 '■.1/ Telephone: (612) 445-9110 Fax: (612)445-9118 Toll Free: (800) 383-7444 Immo REALTY WORLD. January 30, 1992 City of Shakopee Mayor Gary Laurent Council Members Planning Commission: I own a small parcel of land on dakota Street, South of Fourth Avenue. It abuts the abandoned RR right of way. This is the remainder of a 12 + acre tract I bought in 1968. I had it platted as Macey Plat. In years past that part of the original town was called Macey. The first building Macey Manor Condominium a 11 unit apartment building was started in 1969. I first contacted the city to get a plat approved July or August 1990, because of the size and odd shape of the property was difficult to get an acceptable lay out. I own Lot 2 Block 1 of the Clifton Additions, this is part of the replat of the Macey Addition. I then worked out a plan including the South half of the RR and wedge shaped parcel lying between the RR and the Wermerskirchen Addition. This property is owned by Ed Siebenaler. I am working with Barry Stock, Assistant Admin. , Barry has been very helpful . After what I thought was tentative appro- val on the plan I signed a purchase Agreement with Ed Siebenaler to buy the property. The plan we propose is a good workable solution to combining 3 parcels of irregular land. This property has numerous problems, limerock right to the surface. It needs 5 feet or more of fill in large areas. There is no fill in the area and will need to be trucked in. The high level of the Lime rock makes installing utilities very expensive. The Public Works storage yard along most of the East side does not add to its value. The entire strip of land the Public Utilties Safety and Public Works is built on was designated as park land when I bought my property. That was a plus, the Public Works stockyard is a big minus. Each office independently owned and operated 13. MLS MUM REALTY WORLD®— Kubes 111:1 EMM 1221 4th Avenue East, Suite#100, Shakopee, MN 55379 MU Telephone: (612) 445-9110 Fax: (612)445-9118 Toll Free: (800) 383-7444 MUM REALTY WORLD Page 2 All lots as shown are larger than now required. But we must have some relaction on front and corner lot set backs. We need a reduction to 30 feet on all front yards. This is the set back required on all other buildings in the Macey Plat and the large part of this plat is from the original plat with a 30 foots set back 12 foot blvd. and 22 foot garage the living area of the building will be 64 feet from the street. We also need a reduction in the side yard setback to not less than 20 feet, Dakota Street, in the Wermerskirchen Addition, a 15 foot corner yard set back was required with the original plat. Any reduction on traffic visibility will not be a problem. The new street will make a T intersection, it will be a short street and traffic will be moving slow to make a right or left turn. This is a very marginal project and any reduction in the number of units would just add more cost to the remaining units. The radius of the oval cul-de-sac can be widened with a small reduction of the side yard set back and if needed a small reduction in the Boulevard to 9 or 10 feet in this one area. Sorry to say we have not had a single positive comment from Planning, or Engineering. It has been a rigid take it or leave it attitude. A year and a half of little progress is inexcusable. We feel the request from the present requirements are in order and will convert a non productive patch of rock and weeds into a very attractive development. Engineering said they dont have a storm drainage plan for the area and the nearest storm drain is in Fourth Avenue. This will have to be surface drainage. This can be worked out with a little cooperation from Engineering. This is something we have yet to receive. From 1981 to 1991 on just the Clifton lot and the North half of the RR I have paid over $16 ,000. in real estate taxes for zero services. Give us a break PLEASE. If you have read this far. Thank you. Sincerely, i Randy Kubes Ted Jasper Each office independently owned and operated MLS REALTY WORLD' #Z MINNESOTA VALLEY (_ IsIMMUNITY BAND February 2, 1992 Dear Mr. Laurent: The fine arts are alive and flourishing in the communities of the Minnesota Valley. Financial support from your city will help ensure that this will continue. As your "community" band we have provided many hours of enjoyment to thousands of local residents. We have performed concerts in Chanhassen, Waconia and Shakopee parks,Jonathan, Chaska City Square, the high school and old jr. high, and at other locations around the area. The Minnesota Valley Community Band provides music at some of your important community events, ushers in the Christmas season each year, and makes your summers in the park more enjoyable. We're a group of talented musicians from all over the area that you have come to rely on to provide some fine musical "happenings". To continue to thrive, we must rely on you. We need to purchase music and a director's podium, repair instruments borrowed from District 112 when they break, print programs and pay a nominal salary to our director. We are beginning to collect "dues" from band members and we are paid for some of our concerts, but that income is just not enought to cover all our expenses. For example, a typical concert fee allows us to buy just one piece of music for the band. We want all people to be able to hear our music and feel strongly that our concerts should continue to be open to the public free of charge. To meet our budget of about $2500 this year, we must ask for approximately $ 1 ,400 in public and private support from the communities we serve. We hope you agree that the community band contributes significantly to the quality of our cultural life in the Minnesota Valley and will make a contribution to support the band. We will greatly appreciate any amount your city can give. By the way, we are always interested in invitations to play in the Minnesota Valley area and give priority to performing for friends and neighbors. Please keep us in mind whenever you are planning a community event. Sincerely, Stephanie Young, Pre ident David Adams, Finance Chair Please make checks payable to Minnesota Valley Community Band and send to Wally Lahl, Treasurer, 1227 Prairie St., Chaska, MN 55318 $200 $400 $600 Other of.3 i5N 9Metropolitan Waste Control Commission Mears Park Centre. 230 East Fifth Street. St. Paul. Minnesota 55101 612 222-8423 February 6, 1992 GARY LAURENT MAYOR, CITY OF SHAKOPEE 129 E 1ST AVE SHAKOPEE, MN 55379 DEAR MAYOR GARY LAURENT: Last year at this time, the Metropolitan Waste Control Commission (MWCC) embraced the letter and the spirit of the Executive Order on cost constraints Governor Arne Carlson issued to state agencies to address the shortfall in general funds. Though not a state agency, MWCC self-imposed fiscal restraints -- reducing and delaying hirings, procurements, and expenditures -- and saved money for the Commission and its customers in 1991 . The MWCC -- hopeful that, with continued belt-tightening, it will be able to realize some of these same cost savings again in 1992 -- is reducing the revenues charged its customers this year, and sending a rebate to your community in the form of a one-time check for $19, 077 . It is going, with a carbon copy of this letter, to your Finance Director. This rebate is based on estimated charges. They will, of course, have to be compared at year-end to actual charges for the amount of sewage that flows in 1992 from your community to MWCC' s plants for treatment. Only then can the true reduction -- if any -- be determined for the revenues MWCC must charge your community for services rendered in 1992 . But, until that time, MWCC wanted the communities it serves to benefit from its anticipated savings for 1992 . The Commission is proud of the fiscal restraint efforts exerted by its employees and pleased to be able to share the fruits of their labors with you, its customers. Be assured that MWCC' s goal remains one of continuous improvement in the efficiency and effectiveness of the services we deliver to you. Sincerely, '--%2 (- /1 i (c,r., ,,„ . /,2 Charles R. Weaver VChair cc: City Manager Finance Director, w/encl . Equal Opportunity/Affirmative Action Employer or 1#y SCOTT COUNTY ECONOMIC DEVELOPMENT COALITION MEETING MINUTES JANUARY 15, 1992 Members in Attendance: Barry Stock, Randy Kruger, John Heald, John Albinson, Kay Schmudlach, John Breitbach, and Kevin Haugen Others Present: Nat Wisser The eighth meeting of the SCEDC was called to order at 8 : 00 a.m. on January 15, 1992 in the Prior Lake City Hall Community Room. I. Approve Minutes of the November 20, 1991 SCEDC Meeting MOTION BY JOHN ALBINSON, SECONDED BY KEVIN HAUGEN, TO APPROVE THE NOVEMBER 20, 1991 MEETING MINUTES AS READ. THE MOTION PASSED UNANIMOUSLY. II. Treasurer's Report The Treasurer reported that the checking account balance currently is $4 , 931. 25. III. Distribute Copies of Joint Powers Signature Page President Stock reported that the cities need to circulate a signature page to finalize the Joint Powers Agreement. Eight copies of the signature page have been received from Belle Plaine. Barry will be coordinating the collection of the signature pages from the other communities prior to the next meeting. This does not affect the financial institution representatives at all. IV. Distribute Copies of The Code of Ethics Kay reported that the Code had been amended at the last meeting and approved as amended. The copies included in the agenda were merely for their individual records. V. Update on SBA Activity Kay reported that the next Board meeting for the Twin Cities Certified Development Company would be Monday, January 20, 1992 . There is a loan on the agenda from Scott County which would be the second processed through Scott County. Kay was asked to report on the amount of 1 money that will be going towards payment of our debt based on the two Scott County loans. Kevin Haugen reported that there is an additional loan being processed at Signal Bank and John Breitbach reported another proposed loan in Prior Lake. Kevin Haugen also reported that Signal Bank is going through the process of having Signal Bank be a designated lender bank. VI . Review One Year Work Program The Committee was asked to review the One Year Work Program that was designed for 1991. Committee President Barry Stock thought the subcommittees should look at the goals and redraft those prior to the next meeting. At the next meeting the Full Committee can review and amend anything if necessary. VII . Subcommittee Activity A. Marketing Subcommittee Report Press Release Barry Stock reported that the Marketing Subcommittee had worked on three different activities. The first one was the press release. Jim Parsons from Jordan had drafted a press release that will be going out to all the local newspapers plus all the real estate and economic development journals in the Metropolitan area. The Committee reviewed the press release and approved it. Logo The Marketing Committee has received several copies of a logo from Cottage Communications associated with Valley Green Business Park. The Marketing Committee had narrowed the logo selection down to two. The Committee looked at the logos and decided on one. John will be working with this public relations firm to prepare the letter head and envelopes. At this time the Committee chose the color of maroon with an accent of black. The letter head and envelopes will be ready in a three to four week period. Community Profile The Committee reported that U.S. Impressions Inc. representatives were concerned about selling enough advertising for the community profile. The agreement they made with Barry was that SCEDC would guarantee 8 pages of advertising sold prior to them coming out and putting together the Community Profile. Barry distributed a list of potential businesses, and the Committee discussed whether we 2 could meet the 8 page minimum. John Albinson indicated that his company had already committed to one page. There was some discussion as to whether the businesses listed could meet the rest of the requirements. The Committee decided to have everyone take a list back and see if there were any additional businesses that could be added. At the next meeting a letter will be prepared so we can personalize the letter at City Hall during the meeting and have the letters signed and sent out. The letters will be used to contact the potential advertisers with a follow up visit coming from the Committee members. B. Business Retention Committee BRE Brochure At this time the brochure has not been finalized because the logo had not been finalized. The Committee will be meeting prior to the next meeting and finalizing the brochure, the logo and some catchy phrase for the cover of the brochure. Land and Building Inventory & Client Data Sheet Kay reported that they had worked on two different elements, one was the Land and Building Inventory and the second was the Client Data Sheet. Kay distributed a copy of these and minor changes were made to the Client Data Sheet. The sheets will be used as follows. The Client Data Sheet will be used by all the local government institutions and financial institutions to inventory those people who are calling and interested in either locating in their town or somewhere in Scott County. The representatives are asked to get all the data and then send the data sheet to Barry. Barry will have an inventory of all the land and buildings available in Scott County, and be able to go through that inventory and direct the client to one of the localities. The Land and Building Inventory will be prepared by each community, representing all the land and buildings in the commercial and industrial zones available. This inventory will be done by the community representative and updated monthly. The inventory will be held by the President who is Barry Stock at this time. VIII . Community Venture Network Colleen Jones was not present to report on this item so there was no discussion. 3 IX. Other Business There was no other business. X. Adjournment The meeting adjourned at 10: 00 a.m. 4 MEMO TO: Dennis R. Kraft, City Admi istrator FROM: Judith S. Cox, City Clerk110, RE: Contract With Boarman & Ass4 iates DATE: February 4, 1992 You will remember that the City Council, on September 17, 1991, directed appropriate city officials to enter into a design agreement with Boarman and Associates for design work on the new City Hall in the amount indicated in their proposal. Their proposal stated: "We recommend a $2, 500 fee to do the preliminary design work to establish the plan for the building and the budget. With the council approval of the design and budget we would finish the construction documents for a fixed fee equal to 8. 5% of the budgeted amount. All of our work would be on a hourly billing basis not to exceed the fixed fee amount. " The final contract document has been prepared. It has been reviewed by the city attorney as to form and signed by the Mayor and yourself. It is on my desk for my signature. As is customary, I did review the document to make sure that the amount in the contract agrees with what Council approved. I came across a clause that I had never seen in a contract before and wanted to bring it to your attention. The contract does contain a clause which states: "The architect shall provide the owner with a certificate of $1, 000, 000 errors and omissions insurance. The owner shall reimburse the architect 3.5% of the total fees paid for said certificate. " I might add that the reimbursable expenses contained in the contract include mileage, printing, postage and handling of drawings, specifications and other documents. At your suggestion, I called Mr. Boarman to learn what the language meant. He informed me that the 3 .5% is an additional charge, over and above what is stated above. The City shall pay to Boarman and Associates 3 . 5% of the total amount paid to them for their services as reimbursement toward the cost of the insurance. He explained that they chose not to include insurance costs in their proposals, although some firms do. He did state that this cost would be itemized in the budget, which will come back to Council for approval. Pursuant to a subsequent meeting which included Karen, you and myself, I will advise the City Council that the additional charge is well within the normal contingency allowed for public works projects and that we feel that we can execute the contract. I will hold up on signing the contract until after the February 18th Council meeting to give Councilmembers a chance to address this if they feel a need to do so. _ * 6 CITY OF SHAKOPEE BUILDING ACTIVITY REPORT - JANUARY 1992 January 1992 January 1991 No. No. Valuation No. No. Valuation Month Y.T.D. Y.T.D. Month Y.T.D. Y.T.D. Single Family-Sewered 8 8 557, 200 8 8 520,500 Single Family-Septic 1 1 75,400 - - - Multiple Dwellings 1 1 95, 000 1 1 93 , 200 (# Units) (YTD Units) (2) (2) - (2) (2) - Dwelling Additions 1 1 12,000 - - - Other - - - 2 2 15,880 New Comm. Bldgs - - - - - - Comm. Bldg. Addns. - - - - - - New Industrial-Sewered - - - - - - Ind. Sewered Addns. - - - - - - New Industrial-Septic - - - - - - Ind. Septic Addns. - - - - - - Accessory/Garages - - - - - - Signs & Fences 2 2 6, 300 - - - Fireplaces/Wood Stoves - - - - - - Grading/Foundation - - - - - - Moving - - - - - - Razing 1 1 12 , 380 - - - Remodeling (Res. ) 5 5 11,760 1 1 4, 000 Remodeling (Inst. ) - - - - - - Remodeling (Comm/Ind. ) 7 7 989, 000 3 3 890, 100 TOTAL TAXABLE 26 26 1,759, 040 15 15 1, 523 , 680 TOTAL INSTITUTIONAL - - - - - - GRAND TOTAL 26 26 1, 759, 040 15 15 1, 523 , 680 No. YTD. No. YTD. Variances - - 1 1 Conditional Use 1 1 - - Rezoning - - 1 1 Electric 31 31 15 15 Plumbing & Heating 45 45 23 23 Total dwelling units in City after completion of all construction permitted to date 4, 623 Jeanette Shaner Building Department Secretary CITY OF SHAKOPEE BUILDING PERMITS ISSUED IN JANUARY, 1992 9306 Void 9307 Kajima International 1000 Valley Park Dr. Remodel 50, 000 9308 Hypertect Inc. 901 Canterbury Road Remodel 24, 300 9309 Construction 70 Shakopee Town Square Remodel 70, 000 9310 James George 1430 West 10th Avenue Remodel 4, 800 9311 New Century Const. 5370 Eagle Creek Blvd. House 75, 400 L 1 B 1, Strobel 's 1st 9312 DeMars Signs 1206 East 1st Avenue Sign 1,700 9313 Novak Fleck 901 Goldenrod Lane House 72, 000 L 9 B 2, Meadows 5th 9314 Novak Fleck 1023 Goldenrod Lane House 74,700 L 4 B 1, Meadows 5th 9315 Novak Fleck 427 Mint Circle House 64, 000 L 3 B 4, Meadows 4th 9316 C. I. Realty 1470-1474 Roundhouse Cir Twinhome 95, 000 L 4 B 2, Eagle Creek Junction 3rd 9317 Diamond 5 Wrecking 321-333 East 1st Avenue Demo 12, 380 9318 DeMars Signs 1206 East 1st Avenue Sign 4, 600 9319 David Makis 520 East 3rd Avenue Remodel 350 9320 Innovative Bldg.Concepts 1206 East 1st Avenue Canopy 4, 500 9321 Elder Jones Inc. 1107 Shakopee Town Sq. Remodel 28, 600 9322 D. M. Huss Const. 930 Dakota Street Addition 12 , 000 9323 Jeff Brett Const. 1206 East 1st Avenue Remodel 11, 600 9324 Novak Fleck 1303 Minnesota Street Remodel 4, 300 9325 Rick McShane 1257 Tyler Street Remodel 2, 000 9326 Novak Fleck 1116 Dakota Street House 72, 000 L 2 B 1, Meadows 6th 9327 Novak Fleck 917 Goldenrod Lane House 70, 800 L 10 B 2, Meadows 5th 9328 Novak Fleck 1120 Dakota Street House 74 , 700 L 3 B 1, Meadows 6th 9329 Novak Fleck 1128 Dakota Street House 61, 000 L 5 B 1, Meadow 6th 9330 Novak Fleck 812 Larkspur Court House 68 , 000 L 10 B 2 , Meadow 6th 9331 Valleyfair One Valleyfair Drive Comm. 800, 000 9332 Richard Ellingboe 664 South Monroe Remodel 310 Total: $1, 759 , 040 *7 MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION The Shakopee Public Utilities Commission convened in special session on January 29 , 1992 at 4: 30 P.M. in the Utilities meeting room. Motion by Kirchmeier, seconded by O 'Toole to adjourn to executive session for the purpose of wage discussion. Motion carried . Motion by Kirchmeier, seconded by O 'Toole to adjourn from executive session . Motion carried . A special meeting of the Shakopee Public Utilities Commission will be held on February 5, 1992 at 4 : 30 P.M. in the Utilities meeting room to discuss personnel policies . The next regular meeting of the Shakopee Public Utilities Commission will be held on February 3 , 1992 in the Utilities meeting room at 4 : 30 P .M. The comp worth report as completed by Manager Van Hout was given to the Commission. Motion by Cook, seconded by O 'Toole to accept the pay equity implementation report dated 1/29/92 as written . Motion carried. Motion by O ' Toole, seconded by Kirchmeier that the meeting be adjourned . Motion carried . 1, Barbara Menden, Commission MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION The Shakopee Public Utilities Commission convened in regular session on January 6 , 1992 at 4 : 30 P.M. in the Utilities meeting room. MEMBERS PRESENT : Commissioners Cook, Kirchmeier and O'Toole . Also Manager Van Hout . Secretary Menden was absent. Motion by O'Toole seconded by Kirchmeier that the minutes of the December 2 , 1991 regular meeting be approved as kept . Motion carried . BILLS READ: City of Shakopee 20 ,032 . 00 ARA/Cory Refreshment Services 104 . 00 ABM Equipment and Supply, Inc . 515 . 45 Alden Pool and Municipal Supply Co . 419 . 70 American Casting and Manufacturing Corp. 606 . 29 Amsterdam Print and Litho Corp. 51 . 28 Auto Central Supply 7 . 66 R .W. Beck and Associates 1 , 542 . 67 Bills Toggery, Inc . 459 . 93 Border States Electric Supply 5 , 606 . 49 C and NW Transportation Company 1 , 260 . 00 City of Shakopee 1 ,151 . 69 City of Shakopee 137 . 68 Clay' s Printing Service 129 . 70 Cooper Industries 11 , 632 . 00 Cooperative Power 46 ,822 . 86 Environmental Quality Board 480 . 14 Feed-Rite Controls , Inc . 145 . 00 General Office Products Co. 1 , 365 . 60 Glenwood Inglewood 9 . 50 Gopher State One-Call , Inc . 226 . 00 Graybar Electric Company, Inc . 1 ,033 . 39 H D R 1 , 307 . 04 Georgia Halloran 48 . 60 Hennen ' s ICO 12 . 00 JMG contracting , inc . 4 , 550 . 00 F. F. Jedlicki , Inc . 675 .00 KAR Products 73 . 64 LaHass 31 . 58 Leef Bros . , Inc . 33 . 91 MV Gas Co . 24 . 75 Metro Sales , Inc . 475 . 35 Minnesota Municipal Utilities Association 240 . 00 Minnesota Valley Testing Laboratories , Inc . 100 . 00 Motor Parts Service of Shakopee 180 . 28 Nebraska Municipal Power Pool 595 . 00 Northern States Power Co. 356, 568 . 98 Northern States Power Co. 657 . 47 Northern States Power Co. 332 . 32 Northern States Power Co. 27 ,483 . 50 Office Products of Minn . , Inc . 3,415 . 00 Otter Tail Power co . 81 . 79 Parkside Printing, Inc . 403 . 35 Protection Products Co. 100 . 02 Reynolds Welding Supply Co . 146 . 04 Ries Electric Co . 103 . 50 Road Machinery and Supplies Co. 141 . 29 Terrill Roquette 28. 32 Schilz Ornamental Iron 20. 00 Schmader Electric 40 ,176 . 50 Schoell and Madson, Inc . 208 . 14 Shakopee Ford, Inc . 884 . 31 Shakopee Public Utilities Commission 127 . 49 Shakopee Services , Inc . 87 . 34 Shiely Company 39 . 53 Al Smith Excavating 954 . 00 Sport Stop 12 . 00 Southwest Suburban Publishing 502 . 73 Sensus Technologies , Inc . 190 . 54 Starks Cleaning Services , Inc . 68 . 00 System Control Services 123 . 90 Total Tool 93 . 87 Cole Van Horn 463 . 31 Lou Van Hout 48 . 74 Voss Lighting 161 . 20 Water Products Company 24 . 00 Westinghouse Electric Co. 225 . 00 Woodhill Business Products 369 . 72 Yarusso ' s Hardware Co . 199 .88 Deputy Registrar #135 216 . 00 D & B Safety Co. , Inc . 130 . 08 U . S . Postal service 75 . 00 Ladbrooke Racing Corp. 6 , 960 . 00 Minnesota Valley Electric Coop. 183 . 11 River Electric Association 11 , 325 . 00 St . Francis Medical Facility 11 ,136 .00 Motion by Cook, seconded by O'Toole that the bills be allowed and ordered paid. Motion carried. Sara Laurent was present on behalf of the Stonebrooke Homeowners Association to discuss the electric bills for the central well in the Stonebrooke Addition. A letter from the Hockey Association was acknowledged . Manager Van Hout reported a phone call from Mrs .William Ries who wanted to convey to the Utilities Commission her concern as a customer being transferred to the Minnesota Valley Electric Cooperative. Mr . Joe Noterman has again made a request for a street light that had been considered a few years past. An estimate will be prepared. A letter from Fred Coller on an electric service now being billed on commercial rates was acknowledged. The Commission directed staff to contact Mr. Coller. Mr. Ken Adolf was present to discuss the draft of the long term water study. Manager Van Hout advised of changes to the water system planned as part of the Co . Rd. 18 , Hwy 101 interchange construction. Motion by Kirchmeier, seconded by O'Toole to approve the job description for Administrative Assistant . Motion carried. Motion by O 'Toole, seconded by Kirchmeier to approve the minutes of the special meeting of December 23 , 1991 . Motion carried. Motion by Cook, seconded by Kirchmeier to offer Resolution #379 A Resolution of the Shakopee Public Utilities Commission Approving the Execution of Agreements Implementing the Acquisition of the Electric Service Area of Minnesota Valley Electric Cooperative Located within the City of Shakopee. Ayes : Commissioners Kirchmeier and Cook . Commissioner O'Toole Abstained. Nayes : none . Resolution passed . Motion carried. Manager Van Hout reported a telephone call from Jim Hebert of Cooperative Power with an invitation to meet with their executive committee . Arrangements for a driving instruction course have been made for February. There were no new plats for December, 1991 . There were three fire calls for a total of 4 hours and 20 minutes labor. • There were no lost time accidents for December, 1991 . The next regular meeting of the Shakopee Public Utilities Commission will be held on February 3 , 1992 in the Utilities meeting room. There will be a special meeting of the Shakopee Public Utilities Commission to discuss personnel policies and wage negotiations on Tuesday, January 21 , 1992 in the Utilities meeting room. Motion by O'Toole, seconded by Kirchmeier that the meeting be adjourned. Motion carried. j ! / -_ ) ` : c t 7.,. Lou Van abut , Manager ATTEST : 71)(A :LI t' bt i\. \ 1 -\' ' ' '. . Barbara Menden, Commission Secretary 8 rfr SnTATE OF cT DEPARTMENT OF NATURAL RESOURCES 500 LAFAYETTE ROAD • ST. PAUL, MINNESOTA • 55155-40 DNR INFORMATION (612) 296-6157 January 29, 1992 Acq. #11338 City of Shakopee MN Valley Trail c/o Barry Stock, Admin Asst. Parcel #159 2187 East Highway 101 Scott County Shakopee, MN 55379 Dear Landowner: As explained in the Landowner's Bill of Rights provided to you previously, several steps are involved in acquiring an interest in your property. The first of these steps is to have an appraisal completed in order to determine the price the State will offer you for your property. The State has contracted with James Stasson , a qualified appraiser, to provide them with an appraisal report. The appraiser is obliged to contact you by__Febr_uarr_7_199.2 to invite you to accompany him or her on the inspection of the property. If the appraiser has not contacted you by this date, please call me at (612) 296-0637. We recommend that landowners meet with appraisers, if at all possible. This is your best opporturity to review the legal description and acreage of the land being appraised, and to point out factors such as the number of acres being farmed, yields per acre, unusu.11y valuable timber, or sales of similar land. You also can hire your own appraiser to provide an appraisal . If you hire your own appraiser, the State is obliged to consider this report before determining the price it will offer for your property. The report must be received by the State in sufficient time for this consideration to be given. Please call me at the phone number listed below if you are hiring your own appraiser so that I may explain the State's appraisal requirements and suggest some qualified appraisers in your area. After the appraisal(s) have been completed, reviewed and approved, you will be contacted to receive an offer. We hope to make you an offer in approximately 90 days. Occasionally, delays occur and this offer date must be extended. Regardless, I will still contact you at that time to discuss what steps will need to be taken before we can proceed with the offer. Thank you for your cooperation. If you have any questions, please feel free to call . Sincerely, /;.27Le-/;7Ze44-'1 Teresa R. Thews Senior Realty Specialist (612) 296-0637 AN EQUAL OPPORTUNITY EMPLOYER MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: T.H. 101 and C.R. 83 Intersection DATE: February 11, 1992 NON - AGENDA INFORMATIONAL ITEM FOR COUNCIL Several meetings ago, the City Council directed staff to make a request to Mn/DOT to install advance warning flashers ahead of the traffic signal at C.R. 83 and T.H. 101. Attached is a response from Mn/DOT to the City's request. Basically, they will be reviewing the request further. I will keep the City Council appraised of any further developments or correspondence. DH/pmp cc: Tom Steininger ,40E3°4 Minnesota Department of Transportation Metropolitan District '- Transportation Building St. Paul, Minnesota 55155 OP TRP' Oakdale Office, 3485 Hadley Avenue North, Oakdale, Minnesota 55128 Golden Valley Office, 2055 North Lilac Drive, Golden Valley, Minnesota 55472 Reply to :5801 Duluth Street, Golden Valley, Md 55422 February 5, 1992 Telephone No. 591-4618 David E. Hutton, Public Works Director City of Shakopee 129 East First Avenue Shakopee, MN 55379-1376 Re: C.S. 7005 - T.H. 101 and C.R. 83 Intersection Dear Mr. Hutton: We are taking your request for an advance warning flasher under consideration. This device, however, is most effective when used at a "Stand Alone" signalized intersection. The signalized intersection at Valley Drive is quite close to this intersection. Upon reviewing the accidents which occurred from 1-1-88 through 12-31-90, I find that eastbound T.H. 101 vehicles are involved in a majority of the accidents. The following list is the statistics for five interesections in the area where this device is used: Location Fatal PI PD Total Acc. Rate Sev. Rate TH.13 @ TH.101 0 8 34 42 1.3 2.0 TH.169 @ TH.212 "Y" 0 18 32 50 2.3 4.7 TH.169 @ TH.101 "Y" 1 8 18 27 1.4 3.1 TH.169 @ TH.282 1 16 16 33 1.8 5.0 TH.169 @ TH.41 0 15 18 33 1.3 3.0 TH.101 @ C.R. 83 1 6 17 24 0.9 1.7 (put into operation on 7-20-87) Average: 1.3 2.5 Please contact me if you have any questions regarding this matter. Sincerely, v � Robert E. Dixon Traffic Studies Supervisor RED:pl MINNESOTA 1990 An Equal Opportunity Employer GOVERNMENT TECHNOLOGY ft.i l t t ,:: i r.,,. .. .... ,,, ,.... s_ , 12 �_ ' : r II t a- ' riot/ rkg 2.I. ..-.+iel':.yYwt A: • J..� .t. ,:.__ �...c.;,...�.�'' ::a Cities Share System, Save Money Twenty Minnesota cities are sharing resources and saving money through a wide area network and an open systems philosophy. ByJohn Metzger 3000 systems. However,these sites 9 maintain and utilize the same pro- $peuolpGt "Basically,we're stockholders in the system. grams thatte,are and ny running out of kind of mai the `Il nance,support and updates can be hen we were kids in kinder- We're not just sharing the hardware, done remotely by the staff at know.garten,sharing was a big part „ Brooklyn Center. of all we ever really needed to but the applications as well." "These HP 3000s have been won- know.Though we sometimes derfully reliable,"said Mike Garris, forget to apply the value of such LOGIS executive director."We have basic lessons, some grown-ups in would otherwise be out of reach for the Hennepin County Municipal had very little down time." Minnesota went back to these roots one city alone. Center,seven cities quickly became 20 years ago and came up with a "Basically,we're stockholders in consortium members sharing hard- OPEN SYSTEMS unique way to share the management the system,"said Clint Pires,man- ware and software resources within BENEFIT SHAREHOLDERS of government technology and solve agement information systems(MIS) the first year. In 1978,a Hewlett- Since most cities came to the the cost control problems of data coordinator of St. Louis Park,Minn., Packard computer was installed, table with dissimilar platforms and administration. one of the participating cities."We're allowing the development of a wider applications,the benefits of HP's not just sharing the hardware,but variety of software applications spe- open systems philosophy came into THE SHARING SOLUTION the applications as well."Each of the cific to city management. play. "We were able to build onto By their nature,governments 20 cities chooses a combination of In 1985,after more cities had LOGIS by introducing other plat- must manage large numbers of peo- software solutions from the pool of gravitated to the consortium,the forms into our program,"said Garris. ple,properties,employees and pro- applications available from LOGIS. main processing site was moved out "With 20 cities,some of the hardware grams.In the age of computers,gov- For example,each has access to the of the Hennepin County Municipal and software out in the field obvi- ernments have had to find new ways same financial system,utility billing Center to Brooklyn Center,a suburb ously is not from HP,but we've been to manage constantly increasing system,payroll system,property data on the Northwest side of Minneapolis. involved in a number of conversion ( amounts of data without the luxury system and police system. "We all The computing center employs 26 efforts that restructure the data into of an equivalently increasing tax rev- share the systems that are appropri- people who function as the informa- a format that our HP system under- enue base. ,.,, stands and can process very quickly. In reaction to this growing prob- „A ,rrf. - . .,, tj • Our capacity to convert data from ` lem, Minnesota Governor Arne fpr ; O+S `?. • spil�'lliif,Q�a6�0� other computer platforms provides Carlson recently made an appeal to °'`Nf, ' rt`ItttiP I' t r '�E LOGIS with a very flexible open sys- local governments asking them to r' ; • ' �. 1. 1 tems environment." share resources and minimize costs .r-,-+... is"w:`.`.. - — l ),,,,++,,,41—+++y..! Generally,each city maintains its in view of restricted budgets.But he r"..42 • v 'hown databases."However,the poten- needn't have looked any further than i Q i'ti�t+l 7 1r'3 .i. ' ;, tial exists for each city to access „h ',G - vlt '__ important information (utilized by) his own backyard to find a better 4 r textbook example of resource shar- other municipalities from their own ing and efficient management that 9"t E - '.t r X77,,, PCs,"said Garris."All information is has been in operation since 1972. • .•. 5' ' searchable,with permission,by the Using two Hewlett-Packard Co other cities in the LOGIS network. HP 3000 Systems and networking t `d This can be particularly helpful in the technology,a group of 20 municipalr �: case of police records and dispatch, ties in the Minneapolis/St. Paul area �" since most criminals don't restrict is sharing the same information sys- ' _ • .y "fP themselves to one municipality." • tems hardware,software and support" ti • aodq APPLICATIONS staff located in one central site. — ' The LOGIS system manages This example of intergovernmen :6` _ y y all 20 participating cities'payroll, tal cooperation is called LOGES tri,. F k ° � ".'�!� utility billing and financial control .. (Local Governmental Information �� •;�r, Systems),and it has proved to be functions. both a financial and organizational _ In addition, many cities use solution for the participating cities. Rich Sonenbium,Systems Analyst(left)and Dave Babcock,Data other programs for property data Processing Manager,in LOGIS computer room. management,including flexible geo- A MINOR MIRACLE graphic layouts for defining voting As a group, the cities in the ate to each city's needs,"said Pires. tion systems department for member districts and other demographics; t LOGIS network own the computer "To me,it's a minor miracle that you cities.Two main super minicomput- they also use permit and inspection resources,which are located in the can get this many governments ers are located at the center: a information to aid in tracking the city of Brooklyn Center. Each city agreeing to share that much data and Hewlett-Packard 960 PA-RISC corn- large numbers of permits issued each t pays for a proportionate percentage the same systems." puter and a Hewlett-Packard 955, year, and public safety functions of equipment purchases, mainte- also a PA-RISC computer. such as fire and police protection nance and the salaries of the data HOW IT ALL BEGAN Seventeen cities process infor- communications and control. processing staff. The concept for LOGIS,which mation on the center's minicomput- The public safety/criminal justice This resource-sharing consor- began in 1972,evolved out of a need ers. In addition, three cities — application aids in all areas from tium allows each city to use state-of- to automate the business functions at Golden Valley, Maple Grove and computer-aided dispatch,to appre- the-art computer technology that local governments.Operating out of White Bear—have their own HP hension and booking.Several other i important applications are available give to other municipalities consider- to member cities as well. lit was very din cult to find an Y" 1 o n ing setting up a system like LOUIS? ' Though the system has been "Call us,"he laughed."It is not a around for 20 years,cities continue . • quick and easy process.It takes peo- using LOUIS to tackle new chal- flexible system for so many different platforms and pie dedicated to flexible governmen- lenges. For example,St.Louis Parktal data processing systems and the recently started a curbside city recy- so many different cities—each one wants cooperation of each participating city cling program (UT Nov. 1991). hall. Everyone involved has to first Through the innovative use of the �l be willing to agree on collaboration. utility billing application and bar something different. It's a large effort that takes a while to code technology,the city encouraged pull together." people to recycle by giving utility bill between their users and LOUIS staff (LANs)which utilize multiple PCs at It took LOUIS 20 years to evolve credits to participants.Each recycler on those applications that LOUIS the cities. where it is today,but given the state was given a sticker with bar codes to runs.They also serve a role in mov- As the computer systems in each of technology already in place in place on their recycling containers. ing data between the PCs and the city continue to grow,the LOUIS sys- other communities around the coun- The collectors were able to read the Hewlett-Packard central system tern can manage their local area net- try,the process should take consid- codes in the field and send the infor- when that data needs to be trans- works for a further cost savings. erably less time. mation to the LOUIS system.The ferred. "1 think one of the main chal- program then automatically credited Communication between cities 20 YEARS AND STILL GROWING lenges in setting up LOUIS was that the customer's utility bill. and the center is accomplished using The LOUIS system will continue it was very difficult to find an open, digital network bridges and high to evolve. In 1992 LOUIS will begin flexible system for so many different MAKING THE SYSTEM WORK speed communication lines,which installing a geo-based set of applica- platforms and so many different Decisions affecting the LOUIS are leased through the phone corn- lions.If,for example,one department cities—each one wants something system are made by a board of direc- pany.The bridges have automatic were to input a property identification different out of each application," tors,and each city has a representa- switches to reroute communications into the computer,any other depart- said Garris."But we think we have five."Our cities believe in working around down lines.They communi- ment's or city's system can access fur- succeeded." together through group decision- cate to PCs at the local municipality, ther information based on the location After all,the LOUIS communities making,"said Pires."The system only and for those cities that do not run of that property. Information about learned a long time ago that all they works to the extent that each city off PCs,digital terminal controllers permits for that area,financial bud- ever really needed to know was how If believes in cooperation for the bene- make the correct translations. geting,police records involving that to share. ■ fit of all.This attitude is what has This Wide Area Network(WAN) location,and more would be available. made our system work so well for the is currently being used to intercon- The accessibility of information across John Metzger is a freelance i past 20 years." nett the two computers in Brooklyn cities in the network will also be writer who lives in Boulder,Colo. Eight cities within the consor- Center,as well as to link all cities and improved,increasing the effectiveness I tium employ MIS coordinators such the remote HP3000 systems. The of computerized inter-governmental as Pires to provide PC support for WAN is also capable of linking cooperation. , i their cities and to serve as liaisons together Local Area Networks What advice would Mike Garris I 0 in LOOPS Orgaltu elvier3 1 Cities bia ��t�11 1 . - 1141hiamw 1 . - 911111mama 1 . 1 I Board of Directors . i Executive Committee Systems Evaluation , LOGIS Executive • Committee Director 1 1 i User Groups LOGIS Staff 1 Decisions affecting LOUIS are made by a board of directors comprised of representatives firm each participating city. I Successful management has maintained the partnership for 20 years. 1 35 FEBRUARY 1992 *lam UNAPPROVED SHAKOPEE PARKS AND RECREATION ADVISORY BOARD MEETING JANUARY 27, 1992 Chair Rislund called the meeting to order at 7:00 PM in the City Council Chambers of Shakopee City Hall. Members Present : P. Rislund, P. TenEyck, A. Seifert, R. Larson and D. Lebens Members Absent : S. Johnson Staff Present M. McQuillan, Program Supervisor; S. Dvorak, Administrative Assistant and K. Lewis, Recording Secretary Guests Jim Norton, OSM and Dave Rein Roll Call was taken as noted above. Motion by Lebens/Seifert to approve the amended Agenda. Motion carried. Motion by Larson/TenEyck to approve the December 3rd and December 16, 1991 Meeting Minutes. Motion carried. Tomczik/TenEyck nominated Rislund for Chairperson of the Park and Recreation Advisory Board. TenEyck/Seifert made a motion to close nominations. Lebens/Seifert cast a unanimous ballot for Chairperson of the Park and Recreation Advisory Board. Motion carried. Lebens/Seifert nominated Tomczil' for Vice Chairperson of the Parks and Recreation Advisory Board. Motion by Lebens/Larson to close nominations for Vice Chairperson of the Park and Recreation Advisory Board. Motion carried. Motion by TenEyck/Lebens to cast a unanimous ballot for Tomczak as Vice Chairperson of the Park and Recreation Advisory Board. Motion carried. A verbal presentation was given by Jim Norton, OSM, regarding the Shakopee Municipal Outdoor Swimming Pool bidding and construction cost estimates. Total Base Bid with Hypolon $101, 519 - Deduction 1, 500 $100, 019 Total Base Bid with Polyethylene $100, 019 It was noted that the City could pick or choose which, if any, they wished. Bid opening is March 5, 1992. Road restrictions could possibly affect the cost but there are no indicators as of this date. Suggestion was entertained to paint the wall a different color or to paint a figure on the wall to make it appear more visible. Deadline to fill the pool is May 29. Filtration must come prior to putting the liner in. Mr. Rein interjected the fact that the pumps at the pool cannot properly handle the backwash. Mr. Rein stated that filtering, chemical control and circulation of water were hie *1 concern. The next issue would be to get a cost estimate of the pumps after a thorough examination of such. Board directed staff to check Mr. Hutton 's explanation regarding the pumps and have a total test of the pressure they build. Also requested were the installation of pressure gauges on the pumps. Motion by Larson/TenEyck to recommend project be bid as proposed by staff. Alternative #1. Motion carried. Chair recommended that City Council be alerted regarding further pool equipment complications plus the need for better communication between the staff at the time of this discussion. The Activity Report was given by McQuillan discussing the fifty Gymnastics registrations for the winter session, BB/SB Association program revision for Jr Boys and Girls, plus a Season 's End Tourney for Shakopee teams on July 18, 1992 among other things. McQuillan stated that Johnson and Tomczik were reappointed to the Park and Recreation Advisory Board. Their terms will expire in January 1995. McQuillan pointed out the Shakopee Coalition meeting minutes included in the board packet and referred to the sharing of concerns that this group does. MRPA Board and Commission workshops were discussed briefly. Board members were encouraged to attend since this is one of the Park and Recreation Goals and Objectives. McQuillan would like to invite a speaker to elaborate on the roles of Park & Recreation Advisory Board members sometime in the future. Tomczik raised a question as to which group was using the basement of the Community Youth Activities Building. McQuillan shared that the Golden Gloves Boxing program does their practicing in that location. McQuillan presented the 1991 Annual Report which goes to City Council in March. Chair commended. McQuillan on an excellent 1991 Annual Report. Rialund asked if this department really received 57, 757 in contributions. McQuillan said, "Contributions include both donations and repayments. " McQuillan stated that the Park and Recreation department buys athletic equipment for the Youth Baseball/Softball Association ' s programs and the Association will later reimburse the City for the equipment. The Youth Baseball/Softball Association cannot own any assets because of the way the organization is incorporated. Theoretically, the City purchases and owns the equipment for the youth to use. McQuillan noted that coaches are hired for certain youth sports programs and, again, compensated later by the sponsoring organization. It 's an " In-Out" situation according to McQuillan. The Board reviewed the 1992 Goals and Objectives and some adjustments were recommended. McQuillan will revise the list and present them at February 's Park & Recreation Advisory Board Meeting for approval. Municipal Facilities Update was briefly given by Seifert in Johnson 's absence. Seifert stated that the Municipal Facilities goal was to investigate the survey method alternatives and determine community facility need and respondents willingness to pay. A survey has been recommended with the following options under consideration. a. Consultant - Decision Resources b. Telephone method c. Door to Door d. Public forum e. Using University of Minnesota Survey Research Center f. Using an intern The committee' s next meeting is February 26. Community Education Report was briefly given by Chair Rislund. The board met on January 21st and she was unable to attend. She will obtain the minutes and provide them at the February ' s meeting. Under Other Business, there will some kind of reorganization of City departments. The City is looking at creating a Community Services Department where the Recreation Dept. , Building Maintenance, Building Inspector and Cable Access will be placed under the Assistant City Administrator, Barry Stock. Fire Department and Police Department possibly may merge. The police chief would serve as Public Safety Administrator and oversee both departments. Council will vote on these changes at their January 26 meeting. 1992 Pool Brochure is being developed. At this time funding options are being investigated. • Motion was made by TenEyck/Tomczik to adjourn. Meeting was adjourned at 9: 20 P. M. Respectfully submitted, Kathleen Lewis, Recording Secty. W W W W W W W W W W W W W W * W W W W W W W W W * W W W W W W W W W W W W W W W W W * 000 D C.• (O N N N N N N N N N N n N N N * W W W W W W W W W * NNNNrrrrrrr 000 * NAWWWNNNN * CO)NWWWWW(W1rrr000 * NN)-. 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AM V N A C) O 0 0 0 00 0 0 V O)OVOOVO(O0wO000N00OA N 0000NO(OAO0)0)W C� 1 r 0 0 0 00 0 0 N NOVIOO1-OAOO(O00OOO(O0A (O 000A(000OOW)O > ' ' ' ' r0 r A r N D I or w V r r V7 VI V7 Or N - -1 r MN N (f1 V1V1 r r N V I 0 0 N rrNWNWWrN WVOOWWNO 0)r r O WOW NW00 m W W N N 0 0 0 0 (0 VO VIrU1rrW AW(O A AUINVOO VI r 1-'0)l-N AOr OOr(OOO OO N r 0 0 VI VI r r w WVIOOo(Ov0)00o00)OVOOWO(O(OC r (OVIOrWO(OOOCAV D V 0 0 0 0 N Vt co NO A OV(O VON V7 A 00NO(n 0VOO) A VO(O W(OO V10O NWr XI (n O 0 0 0 0 0 w NOAN-400000rO0.O(nON00 N OO.0O00(n.ONv0 M W 0 0 0 00 0 0 N wONOOVO(OO(OOOOv000U V 0000v00mOwwv Z m W O 0 0 00 0 0 00 )OUOOrOAOOw0000N000m r 000mrOU100VN0 C) D m G) N r ) r m O !`) W0) N r AW r Nvm VV NO0 v 00 r AN(0 V 0 A (Or(J N O . . • • . . 0 O(OA (DA ONO 0 1 r 1/ Shakopee Community Development Commission City Council Chambers December 18, 1991 Chairperson Mars called the meeting to order at 5: 35 p.m. with the following members present: Mike Beard, Jon Albinson, Bill Mars, Jane DuBois and Charles Brandmire. Commissioners Miller and Pennington were absent. Barry Stock, Assistant City Administrator was also present. Albinson/Beard moved to approve the minutes of the November 20, 1991 meeting as kept. Motion carried unanimously. Commissioner Beard and DuBois submitted their resignations with regret to Chairperson Mars. Mr. Stock noted that in November the Shakopee HRA approved a Rehab Grant application that was submitted by Mr. John Larson, owner of the Tole Bridge building. The grant application request was for roof and window repairs. Mr. Stock stated that the HRA requested the Downtown Committee and the Community Development Commission to review the Rehab Grant Program guidelines and determine if normal and customary maintenance items should be included for program financing. Mr. Stock stated that the Downtown Committee has reviewed this issue and is recommending that new language be included in the program guidelines, which states that improvements for customary and normal maintenance, including but not limited to roof and window replacement, shall not be eligible for program financing. Mr. Stock stated that the Downtown Committee did recognize that on occasion window and roof repairs could materially alter a building and improve its aesthetic appearance. Therefore, the Committee is also recommending that a Rehab Grant Policy be adopted which could clearly detail what are eligible program expenses. The proposed policy would allow for window and roof redesign that materially affect the aesthetic appearance of a structure. Mr. Mars questioned whether or not Mr. Larson's grant application request was approved. Mr. Stock responded in the affirmative. Commissioner Albinson stated that often times window improvements can have a tremendous aesthetic impact on a building' s appearance. He concurred with the Downtown Committee' s recommendation. Brandmire/Beard moved to recommend to the Shakopee HRA that the Rehab Grant Program guidelines be amended to exclude customary maintenance items and further recommended the adoption of a Rehab Grant Policy No. 7, which further clarifies what constitutes customary maintenance in regard to building repairs. Motion carried unanimously. Minutes of the Page 2 Community Development Commission December 18, 1991 Mr. Stock stated that the Rehab Grant Program was initially established as a one year program in 1990. In 1990 the HRA received and approved eight Rehab Grant application. Originally $16, 000 of the initial allocation was awarded to potential projects. However, of the original eight grant program applications approved, only four were completed. The total amount of grant proceeds allocated for 1990 projects equated to $4, 252 . In 1991 only one Rehab Grant application was approved. This application had grant proceeds in the amount of $1,706. Therefore, total grant proceeds allocated in conjunction with the Rehab Grant Program have only equated to $5,958. The Downtown Committee is recommending that the Rehab Grant Program be continued with funding allocated from the HRA fund balance in the amount of $44 , 000. The Committee is recommending that the funding be maintained until it is all allocated. In the past, the Committee has had to go back on an annual basis to request an allocation. Chairman Mars questioned why some of the original grant applications were not completed. Mr. Stock stated that one of the applications was for Wampach's restaurant. Mr. Chuck Mensing, owner of the property, decided to wait on making the improvements on his building until after the mini bypass project was completed. He was concerned over the possibility of losing one of his main entrances and was concerned about the potential impact on his business. A second major project was also withdrawn for the shoe shop building, across the street from the Marquette Bank building because the closing on the sale of the property fell apart at the last minute. Discussion ensued on whether or not the grant program should be continued. It was the consensus of those in attendance that the grant program has stimulated several property owners into improving their buildings. Those projects that have been completed have been beneficial in improving the appearance of the properties in the downtown area. Mr. Beard stated that perhaps the downtown mini bypass conceptual image proposal might also stimulate property owners into improving their properties and taking advantage of the Rehab Grant Program. Many property owners are also concerned about the overall impact the mini bypass might have on the business activity in the downtown area and therefore are taking a very conservative approach to improving their buildings until they can actually measure the bypass' s impact. Albinson/Beard moved to recommend to the Shakopee HRA that the Rehab Grant Program be continued until all grant proceeds are expended, with $44 , 000 to be allocated from the HRA fund balance. Motion carried unanimously. Minutes of the Page - 3 Community Development Commission December 18, 1991 Mr. Stock stated that on December 11, 1991, the Downtown Committee continued their discussion on the future direction of the Downtown Committee. It was the consensus of the Downtown Committee that they wanted to take no official position on their future standing. It was the consensus of the Committee that there are still many things that need to be addressed in stimulating the economic activity in the downtown area. Commissioner Brandmire stated that he felt the activities of the Downtown Committee were merely a duplication of effort for staff. He felt the Community Development Commission could adequately address the issues in the downtown area. Commissioner Beard stated that if several of the Downtown Committee members could be appointed to the Community Development Commission, that he believed the interests of the downtown area would be served. Mr. Beard stated that, with several members of the Community Development Commission currently resigning, it might be the appropriate time to merge the two bodies. With his resignation, Jane DuBois ' and Mr. Pennington's change of residence, that there will be at least three openings on the Committee. Mr. Beard stated that Melanie Kahleck recently resigned from the Downtown Committee and has requested possible appointment to the Community Development Commission. Mr. Beard questioned whether any of the current Downtown Committee members were interested in possibly moving to the Community Development Commission. Mr. Stock stated that Mr. Cole VanHorn originally applied for the Community Development Commission, but that all seats were filled and that he was subsequently appointed to the Downtown Committee. Mr. Stock stated that he felt that Mr. VanHorn would be interested in serving on the Community Development Commission. Mr. Stock stated that Mike Phillips has also expressed possible interest in serving on the Community Development Commission. It was the consensus of the Committee that the Downtown Committee should be merged with the Community Development Commission. It was also the consensus that a subcommittee of the Community Development Commission could be created at a later date for specific issues that may arise in regard to downtown redevelopment. Beard/Albinson moved to recommend to City Council that the Downtown Committee be merged with the Community Development Commission at this time and also that the City Ordinance be amended, expanding the Community Development Commission to nine members. Motion carried unanimously. Mr. Stock noted that on December 11, 1991, the Downtown Committee reviewed several informal proposals for a conceptual image study for the two blocks located north of 1st Ave. , adjacent to the mini bypass. The Downtown Committee is looking at the possibility of utilizing a consultant to complete the image study in an effort to stimulate discussion on redevelopment possibilities. The Committee Minutes of the Page - 4 Community Development Commission December 18, 1991 feels that generally there is a lack of understanding on the part of the community and the downtown business owners regarding the design for the mini bypass and its potential impact on the downtown area. Mr. Stock shared with the Commission briefly the information presented in the three proposals. Generally, each of the proposals contained the same information on what will be completed as a part of the study. The cost for the services range between $3,900 and $7,000. Mr. Stock stated that of the three proposals submitted, he was particularly impressed with the proposal submitted by SEH. Mr. Stock stated that Mr. C. J. Lilly, landscape architect for SEH, was the only architect who actually took the initiative to contact MN/DOT regarding when the plans for the mini bypass would be actually available. Mr. Lilly discovered that the plans could be available as early as January 1, 1992 but no later than five weeks before the bid letting date of April 24, 1992 . The plans are essential in completing the conceptual image study. Mr. Stock stated that the study would include six drawings. The drawings would be from three different points, looking into and out of the downtown area. One set of drawings would simply illustrate the bridge, as it relates to the existing structures. The second set of plans would be drawn to illustrate what the visual impact would be if certain building renovations were pursued. Mr. Brandmire stated that he would like the study to include a drawing of what the aesthetic view might look like with a new municipal structure, located at the bridge head. Mr. Brandmire stated that the possibility of developing a three-level structure at this site would significantly enhance the visual appearance of the downtown area and provide a focal point for economic activity that will stimulate downtown redevelopment. Mr. Brandmire stated that he recognized that the cost for this type of development would be significant. However, he stated that he did not feel that a developer on their own initiative would come into the community and develop the property into new commercial space. Mr. Stock stated that if this is something that the Committee wished to pursue that they could do it as an add-on to the project. Mr. Stock stated that he felt that initially a simple drawing of the existing conditions and possible simple renovations would be adequate to stimulate discussion on what other alternatives might be appropriate. Commissioner DuBois stated that perhaps the conceptual image study should be expanded to a broader, more comprehensive plan of the entire downtown area. Mr. Mars stated that he was also concerned about the potential development for Huber Park. He stated that it would be nice to have a conceptual plan of the park prepared, in addition to the mini bypass. Due to the cost factors involved, Mr. Stock stated that he was not sure whether or not Council would be willing to undertake a major comprehensive plan at this time. He stated that it is an alternative that could be presented to the Council. It was the consensus of the Committee that something Minutes of the Page - 5 Community Development Commission December 18, 1991 needs to be done to stimulate the discussion of downtown redevelopment possibilities. DuBois/Albinson moved to recommend to the City Council that City Council authorize the appropriate City officials to enter into an agreement with SEH to complete a conceptual image study of the downtown mini bypass area, at a cost not to exceed $7 , 000, with funding to be allocated from the general fund balance. Motion carried unanimously. Albinson/DuBois moved to table the One and Five Year Work Plan. Motion carried unanimously. Mr. Stock stated that at the next meeting he will prepare a more thorough One and Five Year Work Plan for the Committee's review, discussion and approval. Mr. Brandmire questioned whether or not the Shakopee Public Utility Commission has discussed the under-grounding service connection policy for the downtown alleys. Mr. Albinson stated that they have discussed it in the past but he is not aware of what they are going to propose in terms of cost allocation. Mr. Brandmire stated that he would like the Community Development Commission liaison to bring up the possibility of a plat fee payment system for each business affected by the under-grounding. Mr. Brandmire recognized that there might have to be a tiered flat fee schedule since some services are more complicated that others but that generally it would probably be better accepted than having each individual business owner having to handle their cost of their own service. Mr. Albinson stated that he would share Mr. Brandmire' s thoughts with the Utility Commission at their next meeting. Albinson/Brandmire moved to adjourn the meeting at 7 : 00 p.m. Motion carried unanimously. q5 MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director DATE: February 13 , 1992 NON-AGENDA INFORMATIONAL ITEM FOR CITY COUNCIL: Council members may or may not have noticed that some of the cracksealing done on Holmes Street last summer is starting to come loose. Staff will be contacting the contractor this spring to correct the problem and since it is still under the one year warranty, there will be no additional expense to the City for making the necessary repairs. Staff has inspected all of the other streets that were sealed and Holmes Street is the only one experiencing this problem. Holmes Street was the very last street they did before completing the project and it would appear that they did not provide the adequate bonding chemical to the cracks to hold the sealant material in place. Staff wanted to inform the Council that we were aware of the problem and that we will be taking corrective actions. DH/pmp TENTATIVE AGENDA Energy and Transportation Committee Shakopee, Minnesota 7 : 00 P.M. February 19 , 1992 Chairman Drees Presiding: 1. Roll Call at 7 : 00 P.M. 2 . Introduction: Terrie Sandbeck - Asst. City Planner 3 . Approval of Minutes - January 15, 1992 4 . Dial-A-Ride Minimum Ridership Age Policy 5 . Local Recycling Development Grant Funds 6 . Van Pool Provider Selection 7 . Informational Items. a. Recycling Monthly Report b. Dial-A-Ride Monthly Report c. Dial-A-Ride Saturday Service Report d. Van Pool Monthly Report e. Business Update from City Hall f. Dial-A-Ride Circulator Phase Out (Verbal) g. School Earth Week Program (Verbal) h. Landfill Rate Increase i. Plastics Article j . 1992 Goals and Objectives k. RTB - Capital Funding 8 . Other Business a. Next Meeting - March 19, 1992 b. 9 . Adjournment Barry A. Stock Assistant Administrator CITY OF SHAKOPEE 3 MINUTES OF THE SHAKOPEE ENERGY AND TRANSPORTATION COMMITTEE Regular Session January 15, 1992 Chairman Drees called the meeting to order at 7 : 00 p.m. with Commissioners Otto, Case, Drees, Ward, Kelly and Reinke present. Commissioners Roman, Mars and Stolarcek were absent. Barry A. Stock, Assistant City Administrator, Kevin Barton and Mary Blatzheim were also present. Ward/Reinke moved approve the minutes of the November 20, 1991 meeting as kept. Motion carried unanimously. Mr. Stock stated that each year the boards and committees are responsible for submitting an Annual Report to City Council for their review and approval. Mr. Stock briefly reviewed the activities covered by the Energy and Transportation Committee in 1991. Reinke/Ward move to recommend to City Council approval of the 1991 Annual Report as submitted. Motion carried unanimously. Mr. Stock stated that in the fall of 1990, the City of Shakopee in cooperation with Regional Transit Board participated in a demonstration project at the Workplace. The purpose of the demonstration project was to train the developmentally disabled to use the Dial-A-Ride program. The initial demonstration project expired on May 31, 1991. On May 15, 1991 the Energy and Transportation Committee moved to extend the demonstration project through December 31, 1991, subject to a 10¢ per rider fare, with a 24 hour advanced notice. Mr. Stock shared with the Committee the ridership data from June through December, 1991. He noted that ridership has been very good and that we have had very few problems with the program. Mr. Stock shared with the Committee a letter he had received from Ms. Terrie Yahnke, Director at the Workplace. Ms. Yahnke has expressed an interest in having the program continued. Mr. Stock reviewed with the Committee several alternatives. He stated that he is recommending that the program be continued for an additional 12 months at the current fare with an evaluation of the project to take place again in 12 months. Commissioner Ward questioned how many handicapped riders have utilized the Dial-A-Ride program. Mr. Stock stated that there },ave been very few handicapped persons who have actually used the Loaal- A-Ride service. The majority of the handicapped residents use Metro Motility or have access to their own personal vehicles that are accessible. Scott County also provides handicapped service. Commissioner Ward stated that she felt that it would be desirable to continue the program and that it should be re-evaluated in 12 months. Minutes of the Page - 2 Energy and Transportation Committee January 15, 1992 Ward/Reinke moved to continue the Workplace Dial-A-Ride demonstration project for an additional 12 months with the program to be re-evaluated on December 31, 1992 . Motion carried unanimously. Mr. Stock stated that at our last meeting, the Committee discussed the possibility of developing a policy which would establish a minimum ridership age for persons using Dial-A-Ride service. Mr. Stock stated that following the last meeting, he met with Ms. Mary Blatzheim and representatives from National School Bus to discuss problems that we have been experiencing with the Dial-A-Ride program. Mr. Stock stated that he invited Ms. Blatzheim to tonight's meeting to discuss issues identified. Ms. Blatzheim stated that she currently operates the Shakopee Childhood Learning Center. The students at her learning center generally utilize approximately 142 Dial-A-Ride trips per week. She stated that the problems generally that they have been experiencing are in the area of dispatching. She noted that often times people are put on hold for an inordinate amount of time. She also noted that occasionally the amount of time that a student is left on a vehicle is extreme. Finally, she noted that there is some mis-communication regarding the availability of a $7 .50 coupon book. Mr. Stock questioned the age of the students attending Ms. Blatzheim's preschool. Ms. Blatzheim stated that the children attending her preschool are between three and five. Mr. Stock asked Mr. Barton if anything was being done by National to resolve some of the problems noted by Ms. Blatzheim. Mr. Kevin Barton, Shakopee Dial-A-Ride manager, stated that since the meeting with Mr. Blatzheim in December, several things have been implemented. First, in the past, Shakopee was provided with two separate phone lines on a separate phone bank at the dispatching facility. These two phone lines have now been rolled into the master phone bank. This should eliminate the problem of having persons placed on hold for an inordinate amount of time. Mr. Barton stated that they are also adding an order taker in the peak a.m. and p.m. travel times beginning February 1, 1992 . This should provide additional time for the dispatchers to transmit data to the drivers. Finally, the computer system, which will be utilized to coordinate rides, should be operational by March 1, 1992. Ms. Case stated that she thought the issue discussed at the last meeting was in the area of liability. Mr. Stock responded in the affirmative. He stated that generally transporting children under age five who are unaccompanied by an adult exposes the City to greater liability than if they were riding with an adult. Discussion ensued on different approaches that can be taken to reduce the City's exposure in this area. Minutes of the Page - 3 Energy and Transportation Committee January 15, 1992 Mr. Reinke commended the drivers in the Shakopee Dial-A-Ride program. He stated that Shakopee has very conscientious drivers and that had it not been for our drivers, we would likely have many more problems than we are presently experiencing. Mr. Barton suggested that it might be appropriate for the Committee to consider the establishment of a policy that what would only provide for the transport of children to designated licensed shelters. Discussion ensued on the definition of a designated shelter. It was discussed that perhaps a daycare, school or licensed facility would qualify as a designated shelter. Discussion ensued on how designated shelters could be identified. Mr. Stock suggested that the policy could be drafted in such a fashion that in order to be accepted as a designated shelter that the shelter manager would have to submit appropriate licenses that are normally granted by the county or state, stating in fact the facility is licensed. Mr. Reinke questioned whether or not it would be appropriate to transport kids under three years old. Mr. Barton stated that generally persons under three years of age have to be placed in a car seat. He stated that he would recommend against transporting children, ages two and under unless they are accompanied by an adult. Mr. Kelly suggested that we adopt a policy that would not allow for the transportation of kids between ages three and five unless the destination point of said ride is a certified designated shelter. Obviously, children within the three to five year old range would be allowed to ride anywhere if they are accompanied by an adult. It was the consensus of the Committee to have staff draft a policy for their review and consideration. The proposed policy should include language relating to the issues as discussed. Mr. Stock noted that on June 19, 1992 the Energy and Transportation Committee moved to implement a Dial-A-Ride variable route program on a six month demonstration project to the Southwest Metro Service Area. Mr. Stock stated that he has requested the Dial-A-Ride manager to review the ridership data to determine whether or not the program should be continued. Mr. Kevin Barton stated that on the average, approximately 19 people per day are utilizing the variable fixed route service. Mr. Barton stated that prior to tonight's meeting, he had the driver of this route survey all of its passengers to determine if they could find alternative transportation. Mr. Barton noted that, of the current riders, approximately 60% are developmentally disabled. In light of this fact, he contacted Barb Latham, Scott County Transit Coordinator, to determine if the Scott County Human Service program could transport the developmental disabled persons. Mr. Barton stated that Ms. Latham stated that at this time, the passengers could be Minutes of the Page - 4 Energy and Transportation Committee January 15, 1992 accommodated. In regard to the other riders, all but one could find alternative transportation. Mr. Barton stated that he will be in contact with the one other rider to determine if alternative transportation could be found for that person. Mr. Barton noted that none of the current regular riders on the circulator service possessed drivers licenses. Mr. Barton stated that he felt it would be appropriate to recommend termination of the circulator route at this time. He stated that by terminating the route, a third vehicle would be available within the Shakopee city limits to transport Shakopee riders during the peak a.m. and p.m. , as well as mid-day travel times. He stated that the addition of a vehicle, especially during midday would significantly improve our service. Mr. Reinke questioned whether or not any of the current riders ' jobs would be jeopardized if the service is terminated. Mr. Barton stated that since all but one of the passengers could find alternate transportation, he doubted whether or not anyone's job would be placed in jeopardy. He stated that he would again contact that one individual to better determine their transportation situation. Mr. Stock stated that if the Committee wishes to terminate the Dial-A-Ride circulator, that he recommend that it be phased out over a two month period. He stated that he would also like to send a letter to all of the circulator riders to explain the City of Shakopee's position in regard to this matter. Case/Reinke moved to recommend that the Southwest Metro Dial-A-Ride Circulator be phased out between now and March 31, 1992 . Motion carried unanimously. Mr. Reinke requested that an update on the progress of the circulator phase out be placed on the next agenda for informational purposes. Mr. Stock stated that each year the Energy and Transportation Committee approves a set of goals and objectives. He stated that he has drafted a preliminary list for their review and consideration. Ms. Case questioned whether or not it would be possible to educate the public regarding recycling. Ms. Case also questioned why the cost for disposal was going up when more and more recyclables are being collected. Mr. Stock noted that education is critical. He stated that in defense of Waste Management, while the amount of recyclable materials collected is increasing, the actual cost paid for the recycling products is decreasing. In fact, some of the recyclable materials are being shipped as far away as Michigan and Colorado. Mr. Stock stated that he would have an objective added to the proposed list, regarding an educational campaign. Mr. Stock stated that he would also like to suggest that Mike Berkopec be in attendance at our next meeting to give the Committee an update on some of the issues that have a direct cost impact on the administration of solid waste. Ms. Ward suggested that perhaps the High School students could be utilized to develop a recycling education campaign. Minutes of the Page - 5 Energy and Transportation Committee January 15, 1992 Mr. Reinke questioned what is being done to advertise the Vanpool program. Mr. Stock stated that traditionally we have focused on advertising in the Shakopee Mint and Shakopee Valley News. He questioned whether or not the results of this marketing approach have been successful. Mr. Stock stated that the magnetic signs for the Vanpool vehicles should be completed within the next week. In 1992 , Mr. Stock stated that he would continue to utilize the newspaper but on a more limited basis. He stated that he also thought the best way to advertise the Vanpool program was through direct mail. Mr. Reinke suggested that perhaps we could investigate the possibility of utilizing cable television. He noted that he has seen several commercials on ESPN and other cable channels that have been done by local businesses. He thought that this might be something for us to consider. Mr. Stock stated that he would include an investigation of television advertising on the 1992 goals and objectives. Ward/Reinke moved to adjourn the meeting at 8 : 45 p.m. Motion carried unanimously. TENTATIVE AGENDA ADJ.REGULAR SESSION SHAKOPEE, MINNESOTA FEBRUARY 18 , 1992 Mayor Gary Laurent presiding 1] Roll Call at 7: 00 P.M. 2 ] Approval of Agenda 3] Liaison Reports from Councilmembers 4 ] Mayor' s Report 5] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 6] Approval of 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. ) 7] Approval of Minutes: None 8] Communications: None 9] 7 : 30 P.M. Public Hearings: a] Proposed Assessments for Jackson Street/Harrison Street Improvements Between 11th and 12th, Project 1991-2 b] Vacation of Portions of Muhlenhardt Road and Proposed Improvements to Portions of Muhlenhardt Road Between CR-16 and CR-18 [BRING FEASIBILITY REPORT] 10] Boards and Commissions: Planning Commission: *a] 1991 Annual Reports b] 4th Avenue/Abandoned Railroad Line Rezoning Study Area Ad Hoc Committee c} Preliminary Approval of A Planned Unit Development for Beckrich Park Estates Lying East of CR-79 and North of CR-78 TENTATIVE AGENDA February 18, 1992 Page -2- 11] Reports from Staff: *a] Season Pass to Swimming Pool *b] Set-Up Licenses c] Vacant Police Sergeancy - tabled 2/4/92 d] Approve Bills in the Amount of $975, 797. 61 (of this amount $720,833 . 89 is a fund transfer) e] Abatement of Delinquent Special Assessment f] Waiving Subdivision Regulations for Link/Houser Property - Res. No. 3549 g] Personnel Manual - on table, for future action h] Authorizing Requests for Proposals for Construction Manager for Remodeling New City Hall 12] Resolutions and Ordinances: *a] Res. No. 3551 - Accepting Work on Warming House in JEJ Park, Project No. 1991-5 *b] Res. No. 3545 - Setting Hearing for Vacation of Polk Street Between 10th and 12th *c] Res. No. 3546 - Amending 1992 Pay Plan *d] Res. No. 3548 - Appointing Representatives to the Minn. Police Recruitment System (MPRS) *e] Res. No. 3552 - Adopting A New Investment Policy 13] Other Business: a] Set Committee of the Whole Meeting Times b] c] d] 14] Adjourn Dennis R. Kraft City Administrator cin MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director ilf/ SUBJECT: Jackson Street/Harrison Street DATE: February 13 , 1992 INTRODUCTION: Attached is Resolution No. 3550, a resolution adopting the special assessments for Jackson Street/Harrison Street, between 11th Avenue and 12th Avenue, Project No. 1991-2 for City Council consideration. BACKGROUND: The Jackson Street/Harrison Street Reconstruction Project is essentially completed and all project costs have been identified. This project consisted of reconstructing Jackson Street and Harrison Street between 11th Avenue and 12th Avenue. There is some minor restoration and mailbox repairs needed to be done to complete the contract but this work is under the contractor's warranty and will not result in any additional costs being added to the project. The final project costs are $147,730.92 . This consists of construction costs totalling $113 ,991. 75 and engineering/ administrative costs of $33 , 739 . 17 . The original feasibility report had estimated the total project costs to be $140, 800. 00. The final project costs are approximately 4 . 9% higher than what was originally estimated in the feasibility report. The feasibility report had also recommended that this project be assessed 25% to the abutting benefitted property owners and also that the assessment be pro-rated based on the fact that this street did not reach its service life of 20 years. Based on the life of the street of 15 years, the assessment was pro-rated 75% and the total amount assessed 18 .75%. The assessment calculations are in conformance with the current policies and were accepted by the City Council at the public hearing prior to ordering the project. Attached are the assessment calculations using the above policies and formulas. All lots are assessed equally for this project and the final assessment rate was $629 . 53 per lot. The original feasibility has estimated the assessments to be approximately $600. 00 per lot. A public hearing has been scheduled for February 18, 1992 to adopt the proposed assessments associated with this project. Attached is Resolution No. 3550 which adopts the special assessments for City Council consideration. An assessment role is attached to the resolution outlining the assessments for each property. ALTERNATIVES: 1. Adopt Resolution No. 3550. 2 . Deny Resolution No. 3550. RECOMMENDATION: Staff recommends Alternative No. 1, to adopt the special assessments on this project. ACTION REQUESTED: Offer Resolution No. 3550, A Resolution Adopting Assessments on the Jackson Street/Harrison Street Project, Between 11th Avenue and 12th Avenue, Project No. 1991-2 and move its adoption. DH/pmp MEM3550 RESOLUTION NO. 3550 A Resolution Adopting Assessments For The Jackson Street/Harrison Street Project Between 11th Avenue And 12th Avenue Project No. 1991-2 WHEREAS, pursuant to proper notice duly given as required by law, the City Council of the City of Shakopee met and heard and passed upon all objections to the proposed assessments of: Reconstruction of Jackson Street and Harrison Street between 11th Avenue and 12th Avenue. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. That such proposed assessment together with any amendments thereof, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named herein and each tract therein included is hereby found to be benefitted by the proposed improvements in the amount of the assessments levied against it. 2 . Such assessments shall be payable in equal annual installments extending over a period of ten (10) years, the first installment to be payable on or before the first Monday in January, 1993 , and shall bear interest at the rate of 8 . 0 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added the interest on the entire assessment from the date of this resolution until December 31, 1993 , and to each subsequent installment when due shall be added the interest for one year on all unpaid installments. 3 . The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this resolution; he may thereafter pay to the County Treasurer the installment and interest in process of collection on the current tax list, and he may pay the remaining principal balance of the assessment to the City Treasurer. Y 4. The Clerk shall file the assessment rolls pertaining to this assessment in her office and shall certify annually to the County Auditor on or before October 10th of each year the total amount of installments and interest which are to become due in the following year on the assessment on each parcel of land included in the assessment roll . 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: City Attorney ASSESSMENT CALCULATIONS 1. Assessable Costs Construction Costs $113 , 991. 75 Engineering/Admin. Costs 33, 739. 17 Total Project Costs $147, 730. 92 25% Assessed = 25% x $147, 730.92 = $36, 932 . 73 Prorated for not reaching service life 15 Years/20 Years = 75% 75% x $36,730. 92 = $27, 699 . 55 Total Assessable Costs = $27,699.55 2 . Assessable Area Total Lots on Jackson Street = 22 Lots Total Lots on Harrison Street = 22 Lots Grand Total = 44 Lots 3 . Assessment Rate Assessment Rate = Assessable Costs/Assessable Area = $27 , 699 . 55/44 Lots Assessment Rate = $629.53 Per Lot Y U) m m c') m m m M E-I In In In In to In In Z w al a ) a% al al i ai al Z N N N N N N N U) 10 q0 10 1/40 10 1/40 10 (I) in- ih U)- t? 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I N Kg I—) 04 N N • _ ""-/z4(7 • /74-"-4.) Av-v-;C— v714-5 ...ca:72..2.7. ) , 3 z - -e;• ' ' • /2Y-r744. .• • efAt.;•e_tiJ7_ aze ‘,2-1-)Le4 //5'd, ,64 171-7-- 5373 7 5' `11 _. • .„.2. •- . - , • t. . . . . . . ...• . . . . . 96v MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: Muhlenhardt Road ' . DATE: February 5, 1992 INTRODUCTION: A public hearing has been scheduled for February 18, 1992 to consider upgrading and vacating portions of Muhlenhardt Road. BACKGROUND: On September 18, 1990 the City Council of Shakopee ordered the preparation of a feasibility report for street improvements to Muhlenhardt Road by Resolution No. 3286. The feasibility report was initiated by staff as part of the Capital Improvements Program due to the extremely high maintenance costs associated with this road. Concurrently, the City of Shakopee received a petition from the majority of property owners to vacate a portion of this road due to safety concerns. The completed report investigates both the feasibility of upgrading this road as well as the potential for vacating portions of the road. The feasibility report has been completed and was submitted to the City Council on January 21st. This report took longer than normal to complete due to the complexity of the issues involving both upgrading and vacation. In addition, staff took additional steps during the preparation of the report that are not normally part of the process such as obtaining a Planning Commission recommendation and holding a neighborhood meeting to solicit input. A public hearing has been scheduled for February 18, 1992 . The public hearing will be both to consider an improvement and to consider possible vacation of public right-of-way. , The legal notices that were sent out included a cover letter explaining the dual purpose of the public hearing. Staff will give a presentation on the feasibility report and various alternatives at the public hearing. PLEASE BRING YOUR FEASIBILITY REPORT FROM THE JANUARY 21, 1992 AGENDA PACKET. In addition to the information presented in the feasibility report, staff would like to present additional information and alternatives that have been developed as the result of the Planning Commission meeting and neighborhood input. Maintenance Costs As indicated in the feasibility report, this road is an extremely high maintenance road. Staff has estimated that the maintenance costs associated with this road are $13, 000 - $16, 000 per year higher than other gravel roads in Shakopee (Attachment 11) . Additional Alternatives In response to the concerns revised at the neighborhood meeting, staff has developed 6 alternatives as shown in Attachments 1-6. A brief explanation of each is as follows. Alternative 1 is basically the same as presented in the feasibility report. Alternative 2 revises the southerly segment to connect up with C.R. 18 at the new alignment, rather than end in a cul-de-sac. Alternative No. 3 includes upgrading the middle section of the road, rather than vacating it. The south end terminates at a cul- de-sac. Alternative No. 4 upgrades the entire road, including a new intersection with C.R. 18. Alternative No. 5 is basically the "Do-Nothing" option with no upgrading and consists of closing the south end of the road. Alternative No. 6 is essentially the same as Alternative No. 1 with the southerly cul-de-sac reversed and connected to C.R. 18 rather than Horizon Drive. Undoubtedly, with the various segments of roadway there are additional alternatives that could be developed. Emergency Access Road If the middle section of road were vacated, staff and the Planning Commission expressed a concern over the overlength cul-de-sac that would be created on McGuire Circle/Court. One possible solution that was brought up at the neighborhood meeting was to retain the middle section as right-of-way or easement and construct a walking trail on it. This trail could be used by emergency vehicles, if needed, as a second access. Staff feels that is an excellent solution to this situation. Assessment Options In the feasibility report, staff utilized existing policies and past practice, which allows for the costs for upgrading a gravel road to be assessed 100%. The assessments for Segment B were revised and are attached. (Attachments 7 & 8) Staff has also development assessment rates for Alternative No. 4 (upgrading entire road) and Alternative No. 2 using existing policies. (Attachments 9, 10 and 11) Benefit Appraisals Because of the complexity of the proposed special assessments, the City Council may want to direct that benefit appraisals be obtained prior to levying any assessments to make sure the amount of the assessments are defendable. By State law, the assessment cannot exceed the benefit, which is defined as increased property value. The actual assessments will not be levied until after the project is completed. The Council could order the project upgraded and at the same time request the benefit appraisals so they are available prior to the special assessment public hearing. Planning Commission Recommendation On December 5, 1992 the Planning Commission reviewed the proposed vacations to determine if they were in conflict with Shakopee' s Comprehensive Plan. The Planning Commission made the following recommendations to the City Council • The south end (connection to C.R. 18) Recommended vacating and construct a new alignment connected to C.R. 18 . • The middle section Recommended vacating only if an emergency access road could be obtained thereby not creating an overlength cul- de-sac. Scott County Highway Department Recommendation The Scott County Highway Engineer recommends terminating the current connection to C.R. 18 for safety reasons. He does not have any preference as far as either ending the road at a cul-de-sac or constructing a new, realigned connection to C.R. 18. (Attachment 12) ALTERNATIVES: There are a number of alternatives and combination of alternatives for this project. A. Upgrading the Road (See Alternatives 1-6 maps) 1. Upgrading the entire road. 2 . Upgrading the north and south segments only. 3 . Utilize the cul-de-sac option for both 1 and 2 above. 4 . Utilize the new connection to C.R. 18 with both 1 and 2 above. B. Vacating the Road 5. Vacate the middle section. 6. Vacate the southerly connection only, but retain the new alignment right-of-way. 7 . Vacate any connection to C.R. 18. 8 . Retain the middle section rather than vacate it, but rather than constructing a road, construct a smaller walking trail which can serve as an emergency access. C. Assessments 9. Assess all improvements 100%. 10. Reduce the amount assessed. 11. Do not assess any amount. 12 . Obtain benefit appraisals and assess the maximum amount allowed. RECOMMENDATION: In regards to the upgrading and vacation, staff recommends Alternatives 2 , 4 and 8. This is essentially Alternative No. 2 as shown on the maps and results in both the north and south sections being constructed, but retaining the right-of-way for the middle section and constructing a trail in this part. This alternative provides a new connection to C.R. 18 rather than a cul-de-sac. In regards to the assessments, staff recommends Alternative No. 12 , to obtain benefit appraisals prior to levying any assessments. Staff recommends ordering the plans and specifications and proceeding with the project and obtaining the appraisals prior to the assessment hearing. If the plans and specifications are not started within the next 2 months or so, it will be extremely difficult to construct this project in 1992 . Based on the high maintenance costs, staff feels that this project should be completed irregardless of the final amount that will be assessed. ACTION REQUESTED: 1. Offer Recommendation No. 3544 , A Resolution Ordering an Improvement and the Preparation of Plans and Specifications for Muhlenhardt Road Between County Road 16 and County Road 18, Project No. 1992-2 utilizing Alternatives No. 2 , 4 and 8 and move its adoption. 2 . Move to direct staff to obtain benefit appraisals for all parcels proposed to be assessed for this project. RESOLUTION NO. 3544 A Resolution Ordering An Improvement And The Preparation Of Plans And Specifications For Muhlenhardt Road Between County Road 16 And County Road 18 Project No. 1992-2 WHEREAS, Resolution No. 3528, adopted on January 21, 1992 , fixed a date for Council hearing on the proposed improvement of Muhlenhardt Road by street, curb & gutter and storm sewer; and WHEREAS, ten days published notice of the hearing through two weekly publications of the required notice was given and the hearing was held on the 18th day of February 1992 , at which all persons desiring to be heard were given an opportunity to be heard thereon. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. That the improvement is ordered as hereinafter described: Adding pavement, curb & gutter and storm sewer facilities to Muhlenhardt Road between County Road 16 and County Road 18 . 2 . David E. Hutton, Public Works Director is hereby designated as the engineer for this improvement. He shall prepare plans and specifications for the making of such improvement. 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: City Attorney ATTACHMENT NO . 1 ALTERNATIVE NO . 1 0 C.R. 16 ___.------ 4 \ r SEGMENT A r r W SZ MCGUIE CT r � r r �/,'//' �� � oC.R. 16 Q z PROPOSED VACATED w ROADWA C sti,Vs_ C7- c _ °R1zON R Nq) SEGMENT B ; c,D • i _i PROPOSED VACATED ROADWAY ��7//f// I _ PROPOSED RECONSTRUCTION TOTAL COST - $94,500 ATTACHMENT NO . 2 ALTERNATIVE NO . 2 n C.R. 16 r + r W r j �r C� MOGUIRE CT C . 16 E., PROPOSED VACATED w = ROADWAY SUN, C CT I _ R/ZDN DR Gy i 0►. PROPOSED RECONSTRUCTION TOTAL COST - $110,500 ATTACHMENT NO . 3 ALTERNATIVE NO . 3 0 C.R. 16 ____,-----------4 \ r r r W r ct Ct r o MCC-I-E CT ~ 6. C.R. 16 Qr = r zr wr =se U � G'I' r r H°R/zON r R N. r ,r. G' •6 PROPOSED % /fes RECONSTRUCTION TOTAL COST - $147,100 ATTACHMENT NO . 4 ALTERNATIVE NO . 4 0 C.R. 16 4, / • r r' r w rr/ x Y 0 McGUIRF CT U� QV �U ,,� C.R. 16 z Li SUNS4? c M T r HORiz D rR Nl V' r "R"-. r G' r r r .• ., PROPOSED ///////z RECONSTRUCTION TOTAL COST - $172 , 100 ATTACHMENT NO . 5 ALTERNATIVE NO . 5 NO STREET IMPROVEMENTS n C.R. 16 w cr2 MCGUlRE CT U' o U� C.R. 16 s z = SOA,s C CT HORIZON D BARRICADE '"F PROPOSED V RECONSTRUCTION TOTAL COST - $100 • ATTACHMENT NO . 6 iS k •. S. 'i 4 t ALTERNATIVE NO . 6 C.R. 16 Q N r r r W �o; r - f v� MC LII-E I--- ��. C.R. 6 = C SENSE? M NoR1<ON OR iirPROPOSED %l�ll�l/fes/ RECONSTRUCTION TOTAL COST — $100,000 ATTACHMENT NO. 7 ASSESSMENT CALCULATIONS - ALTERNATIVE NO. 1 I. Segment A Total Project Costs = $55,500. 00 Total # of Lots = 13 Assessment Rate = $55, 500. 00/13 = $4, 269.23 Per Lot II. Segment B A. Corner Lot (Lot 13) Total Cost = $39, 000. 00 Total Acres = 13 .78 Acres Assessment Rate = $39, 000. 00/13 .78 Acres = $2830. 00 Per Acre Lot 13 acreage = 0.75 Acres Corner Lot Adjustment = 50% of Assessment Rate = 50% x $2830. 00/Acre = $1415. 00 Per Acre Assessment = 0.75 Acres x $1415. 00/Acre = $1060. 00 B. Area Assessment Total Remaining Costs = $39, 000. 00 - $1060. 00 = $37, 940. 00 Total Remaining Acres = 13.75 - 0.75 = 13 .03 Acres Assessment Rate = $37, 940. 00/13 . 03 Acres $2910. 00 Per Acre III. Upgrading Entire Road Total Project Costs = $172 , 100. 00 Total # of Lots Abutting Road = 31 (Includes all of Riverview Estates Subidivsion) Assessment Rate = $172 , 100. 00/31 = $5, 550. 00 Per Lot ATTACHMENT NO . 8 MUHLENHARDT ASSESSMENT ROLE PID OWNER LOT/BLK. ASSESSMENTS 27-062033-0 Michael & Karen Beard Lot 13, Blk. 3 *0.75 $1, 061. 25 8434 Horizon Drive Horizon Shakopee, MN 55379 Heights 27-146012-0 Walter Muhlenhardt Lot 1, Blk. 2 4 .82 $14 , 026. 20 2385 Muhlenhardt Road Horizon Shakopee, MN 55379 Heights 4th Addn 27-924004-0 H Charles & Heidi Bicking 24 115 22 2 . 5 2 .50 $7 , 275. 00 2350 Muhlenhardt Road P/O E 726 ' , Shakopee, MN 55379 S 1/2 NW 1/4 Lying N of Line Beg 175 S of NE Cor, W 363, N 50, W 363 27-924004-2 James & Marsha Rognlie 24 115 22 2 . 5 2 .50 $7, 275. 00 2360 Muhlenhardt Road P/O N 300 E Shakopee, MN 55379 726 S1/2 NW 1/4 Lyings S of Line Beg 175 S of NE Cor, W 363 , N 50, W 363 27-924003-0 Ralph & DeLoyce Goode 24 115 22 3 . 21 $9, 341. 10 9132 Upton Ave. So. 32 .25 S1/2 of Bloomington, MN 55431 NW1/4 EX 2 . 5A & EX 10A EX 2 .5A EX . 21 RD EX W 1073 .93 ' TOTAL 13 . 78 $38, 978 . 55 * Assessment Rate = $1415. 00/Acre All Others - Assessment Rate = $2910. 00/Acre ATTACHMENT NO. 9 ASSESSMENT CALCULATIONS Alternative No. 4 - Upgrading Entire Road Use a zonal assessment Total Cost = $172 , 100. 00 Total Number of Lots = 31 Assessment Rate = $172 . 100. 00/31 = $5, 551. 61 Per Lot Alternative No. 2 SEGMENT A - Assessment is the same as listed in the feasibility report. SEGMENT B - 3 Options Total Cost = $64, 000 - $9, 000 (Horizon 4th) = $55, 000. 00 1. Per Lot Method Total Lots = 5 $55, 000. 00/5 = $11, 000. 00 Per Lot 50% assessment rate for Lot 13 = $5, 500. 00 Remainder of lots = ($55, 000. 00 - $5, 500. 00)/4 = $12, 375. 00 Ea. 2 . Front Foot Method Total Footage = 1, 440 Feet Total Cost = $55, 500. 00 Cost per foot = $55, 000/1440 = 38. 19 per foot 50% rate = $19. 10 per foot Goode 200 ' x $38. 19 = $ 7, 638 . 00 Bicking 180 ' x $38 . 19 = $ 6,874 . 00 Rognlie 120 ' x $38. 19 = $ 4 , 582 . 00 Beard 240 ' x $19. 10 = $ 4 , 584 . 00 Muhlenhardt 700 ' x $38 . 19 = $26, 733 . 00 1440 ' 3. Area Method $55, 000. 00/13 . 78 = $3, 991.29 per acre Lot 13 - 50% assessment rate = $1, 995. 64 per acre 0.75 x $1,995. 64 = $1,496. 00 Remaining Lots = $55,000. 00 - $1,496. 00 = $53, 504 . 00 13 .78 - 0.75 = 13 . 03 acres Assessment Rate = $53,504. 00/13. 03 acres = $4, 106. 00 per acre Goode 3 .21 acres x $4, 106. 00 = $13, 180. 00 Bicking 2 . 50 acres x $4, 106. 00 = $10, 265. 00 Rognlie 2 .50 acres x $4, 106.00 = $10, 265. 00 Muhlenhardt 4 .82 acres x $4, 106. 00 = $19,790. 00 Area Calculations Goode (200 ' front x 700 ' deep)/43 , 560 Sq. Ft./Acre = 3.21 Acres Muhlenhardt (700 ' front x 300 ' deep)/43 , 560 Sq. Ft./Acre = 4. 82 acres 4. Summary of Assessment Alternatives Per Lot Front Foot Area Property Owner Method Method Method Beard $ 5, 500. 00 $ 4, 584 . 00 $ 1,496. 00 Bicking $12, 375. 00 $ 6,874. 00 $10, 265. 00 Rognlie $12 , 375. 00 $ 4 , 582 . 00 $10, 265. 00 Goode $12 , 375. 00 $ 7, 638. 00 $13 , 180. 00 Muhlenhardt $12 , 375. 00 $26, 733 . 00 $19,790. 00 ATTACHMENT NO . 10 ASSESSMENT AREA ALTERNATIVE NO . 4 UPGRADING ENTIRE ROAD 0 C.R. 16 4 ,'.TATES 1R III 1‘ 0• 1) 1 k 15 i 14 13 (PABX) 12 3 2 13 14 w 11 0 • HO" IZON 2,,$ 11 i16 10 ' - ti : • HE1 'S 10 17 4TH A D D T1 O .,r 8 10 11 12 13 11. N 1 2 <e.' BICKING 1 1 G t ROGNUE 1 GOODE I 11--CZNKITE ATTACHMENT NO . 11 MUHLENHARDT ROAD MAINTENANCE COSTS The following are the additional costs associated with maintaining Muhlenhardt Road, above and beyond the normal maintenance of other gravel roads. Grading and Graveling $8,000 - $10,400 Dust Control 500 Cleaning 3,100 Sanding 1,700 - 2,300 Total $13,300 - $16,300 Note 1. The amount of additional grading is largely dependent on the amount of rain received. Note 2. The amount of additional sanding is largely dependent on the severity of winter. ATTACHMENT NO . 12 SCOTT COUNTY HIGHWAY DEPARTMENT 600 COUNTRY TRAIL EAST JORDAN, MN 55352-9339 (612) 496-8346 FAX (612) 496-8365 BRADLEY J.LARSON Highway Engineer DANIEL M.JOBE Asst.Highway Engineer-Design DON D.PAULSON Asst.Highway Engineer-Construction November 2, 1990 Dave Hutton, P.E. Public Works Director City of Shakopee 129 East First Avenue Shakopee, MN 55379 Re: Muhlenhardt Road Dear Dave: This is in response to your letter of September 25 , 1990 on the above referenced subject. Scott County Highway Department has no objection to either of the Muhlenhardt Road proposals : cul-de-sac north of CR 18 or realignment of intersection to bring Muhlenhardt Road in at right angles to CR 18 . In either situation, if feasible, we would recommend the private driveway (Cronkitets) to have access to the cul-de-sac or realigned Muhlenhardt Road rather than direct access to CR 18 . Thank you for the opportunity to comment on these proposals . If you have any questions or would like any further information, please contact this office. Sincerely, e°12141.41)9 • Bradley J. Larson, P.E. County Highway Engineer BJL/kmg An Equal Opportunity'Affirmative Action Employer February 13 , 1992 Shakopee City Council Att: City Clerk 129 East First Ave. Shakopee, MN 55379 Reference: Petition for street or alley vacation dated June 6, 1990 on Muhlenhardt Road Dear Council Members: We have reversed our original position and no longer support the above referenced petition to vacate a portion of Muhlenhardt Road lying between Cty. Rd. 18/Crest Ave. and between a point 50' North of Crest Ave. (See alternative # 5) The petition is too simplistic an approach to a complex problem which now can be resolved in a more efficient manner. The more salient problems are: 1) . safety, 2) . abandonment of a southerly access to Cty. 18 would eternally forfeit that right - some form of realignment is the answer, 3) . abandonment would deny any future development of the Goode's property due to the 1000' cul-de-sac limitations. Ra ph 0. Goode & Deloyce I. Goode 24 115 22 32 . 25 S1/2 of NW1/4 EX 2.5A & EX 10A EX 2 .5A EX .21 RD EX W 1073 .93' **We have notified the other four petitioners of our intent to reverse our original position. e RECEIVFn PETITION FOR STREET OR ALLEY VACATION rajN - 8 1890 CITY OF $HAKOPE DATE 2 - 6- yO We the undersigned , owners of the following described real property , abutting on the street or alley in question, hereby petition the City Council of the City of Shakopee to vacate the following ( Street ) (Alley) : /I)(,41-16_ lying between cjc:,rr r y ti S4 . /-A . , and between �? f(/i.: / /We Calt:e a jee: St . /Avc . PETITIONER LOT BLOCK =cam _ /' C' z •� /`• �t -)lc.: t ;• /714t,a4 _ 7- Fc17i/oo -o 111 004-2 S4. ,- , - � PAP. �? - 9'07'1003 -o "rairm, Q7,' 40 I hereby verify that I circulated the above petition and that the above signatures of the property owners and petitioners were affixed in my presence . Circulator yQQo - //No Approved thig day of , 19 . City Attorney February 18, 1992 Shakopee City Council Shakopee, Mn. 55379 Ladies and Gentlemen: We, the residents of McGuire Circle and McGuire Court (Riverview Estates) wish to register our objection to the proposal of the Shakopee Planning Commission to vacate the portion of Muhlenhardt Road between McGuire Circle and Horizon Drive, and construct a secondary "emergency access" road between Lots 5 & 6-7 of Riverview Estates. We understand the necessity of paving Muhlenhardt, due to extremely high maintenance costs, but feel the above proposal does not consider the needs and public safety of the residents served by Muhlenhardt, and was hastily proposed at the urging of residents of the area (including a member of the council who has a personal financial interest in the passage of the proposal) who don't depend on the road for access to their property. We feel that our needs are as important as the few property owners along the southern end of the road. We believe the Planning Commission did not consider key public safety issues when making its recommendation. From its junction with C. R. 16, Muhlenhardt rises 90 feet over .2 mi. to McGuire Circle (data taken from USGS topographic map of Eden Prairie Quadrangle, 1988 edition). The steep grade makes it impassable during ice and heavy snow storms (twice this winter) and residents must come around from the south to access our neighborhood. Emergency vehicles have the same problem; the proposal would not allow access from the south, and the proposed secondary road would be more impassable, since it would have the same slope and not be maintained as well by the City (according the City Engineer). Both roads slope or would slope to the north, making them icy throughout the winter, despite being paved. School buses would have even worse access problems in foul weather. The section proposed for elimination also carries a natural gas main from Horizon Drive, installed at the expense of five homeowners in 1991; we were told by Minnegasco that gas mains must be along roadways to allow access for repairs and leak detection. The expense to relocate this main would be exorbitant, since it would require routing along C. R. 16 from the west. Electric lines would also need to be relocated. Historically, Muhlenhardt has been a thoroughfare between the Bloomington Ferry Bridge and C. R. 42, and, as you know, has been alternately maintained by the City and Scott County. All of the residents purchased property in our area with the understanding, both implied and stated by City and County officials, that we would not be responsible for paying for improvements to the road. As recently as 1988, one of us was told by the City Engineer that her property would not be assessed for improvements to Muhlenhardt Road. Several residents were told in the 1970's that the City would pay for paving it, and others were told that, when Scott County turned the road back to the City in 1988, the County was planning to pave it. Also, a developer, now deceased and the namesake of the road, told residents that he had promised to pave it in exchange for being allowed to develop his land near Horizon Heights. We feel strongly that Council Member Michael Beard should disqualify himself from the vote on this proposal because he has a financial interest in the outcome of this issue. As you know, he owns property along Muhlenhardt and assessment to his property depends on your decision. In summary, the segment of Muhlenhardt Road between Horizon Drive and C. R. 16 should not be vacated. Since the City has not even installed a four way stop sign at the intersection of Muhlenhardt and Horizon Drive, we don't feel that traffic should be used as an excuse to vacate a portion of the road to satisfy a few nearby residents at the expense of those of us who depend on it for access to our homes. Indeed, it is feasible that traffic on Horizon Drive could actually increase when northbound traffic on C. R. 18, desiring a shortcut to westbound C. R. 16, turns left at the junction of C. R. 18 and Horizon Drive in any of the proposals. Since many promises have been made in the past to residents from City and County officials, it should be payed for on either a City-wide or joint City-County basis; the City will still save money because it will not be paying approximately $24,000 annually to maintain the current road. Our taxes are already among the highest in Shakopee and we receive minimal City services. We feel that the assessment of improvements to a former county road, which none of us expected to pay when we built or purchased our homes, would be arbitrary and capricious and could even be challenged in court. It is not our fault that the County decided to "give" Muhlenhardt back to the City- we shouldn't be forced to pay for it! Sincerely, tiShAl'iar- a5' -7fl4, vdf--(&. - i 56-79 " "( 9 e. u6/ &tete_ ,, i -- . .4-0 1/ if.'4.v.d, g£.7i m e icjC . `'/ i �/ait - . / I1(EV / .- A'/.. f )/;'_ /'11/ RlirldiNIIII o - �,J is6 3 /`1c CEJ iic- C Rc c.C /-. - , "i - ,W3741-/.. -il‘e-ert_e__ L..`14..• Ni .. `' \ \iN- ) ,)- V V1 - Q).-;)..->,.. ' `mann" g S? S /1/c 6 v/•e%: re. /�a,,,,(..te__a �,/— .. ?"5- 7S- /4 C C ; $.e_C i ✓,, _.-nA,,, ,- D J ta, \macc,L .,_cc 6 - , - G. ....-A0 ,- ,- f3 , ' pi' ,_4LL- cfrha tLc ..6; i re_ C t rci e— ir ,Csd� c' )5-6 `t / 1!c -.te., 8,stA_LL.. 0.1.evAaf- S(0 ()I Moloor(t cl-f-- . _ IAMT,,,,,,,, gs,; ( tykqu•t„ c..-1-- 6.: _ T - - -)14 SO Mt Al Lam(' -- - L .t. 'it 1') 2,1gLi AttazLfhl1tL"1 892,,, zo_7/ 6..dc A,. ' 92 02/10 08:28 DESPATCH IND g1009 .,. • /./ 77 ,4,,,, , . . . (fl. /-..) ,21.„_*_... t, lit, ,42A.., a....-C-ei 71.p_ I....e tioze erw ,, e 4( /4 ail az,i.ce-c-,4-e:_e_.„, i .A—,-...—. ft //o/-I/ /.21 - 7 Z.-.LiZe Cr it0 a i,x,a.A.J....-44.1.4.ar ' •-i47?(,,2 .-sr .._/).1/i.,1,l,'.,,','Z/ tA/( 7,---rcT4 /- ,/.., (e.,, r e. /cIxe• ) -eit Gy 4/ f • 1 -Xee . —cam -ec-- 3 p?' I ) -�- L to 7tc2 Al tit. Gv.Gti ✓ . •. k .:./_i ALTERNATIVE NO . 1 0 1 �.R. 6 N • SEGMENTA o� 0 ccaN. _____ ----- ----- iZ LL, SEGMENT C 3' LI X) /. SEGMENT B /c)- PROPOSED VACATED ROADWAY I TOTAL COST - $94 , 500 ALTERNATIVE NO . 2 n L C.R. 16 r�_ e SEGMENT A F- 0 z � Ji SEGMENT C 1 11 SEGMENT B 0 , GY /,/ t •. I � TOTAL COST - $ 110 , 500 ALTERNATIVE NO . 3 C.R. 16 r r r w ✓ ct MCGU! - CT r U� Dv C.R. 16 ¢J = r zr = r S�NS4"7` = r CT a __i 1101i7z. ONOR eb r c. r G. SCJ PROPOSED ��f�l/////� RECONSTRUCTION TOTAL COST - $ 147 , 100 ALTERNATIVE NO . 4 C.R. 16 N r L W i 0 MCGU1 E CT U_45 ~n, (--) C.R. 16 zLLI S r SUNS. r �R t r r PROPOSED RECONSTRUCTION TOTAL COST - $ 172 , 100 ALTERNATIVE NO . 5 NO STREET IMPROVEMENTS 0 ------------__ __ ,C.R. 16 N 1 w cr MCGUI-E cr -- o� o C.R. 16 ct Iz w s SoNs4? C cT L_ H°R/ZoN Dcb_ N 111 BARRICADE I PROPOSED V RECONSTRUCTION TOTAL COST - $ 100 ALTERNATIVE NO . 6 0 C.R. 16 4 N r r , 1 LI., r a Rlv� MCU 'ECT a - , C.R. 16 s Z = C SuNS47. -- ------ ......_________ 7 i CI' NoR1zpN DR .r'. N- i i • PROPOSED V //� RECONSTRUCTION TOTAL COST - $ 100 , 000 February 13 , 1992 Shakopee City Council Att: City Clerk 129 East First Ave. Shakopee, MN 55379 Reference: Petition for street or alley vacation dated June 6, 1990 on Muhlenhardt Road Dear Council Members: We have reversed our original position and no longer support the above referenced petition to vacate a portion of Muhlenhardt Road lying between Cty. Rd. 18/Crest Ave. and between a point 50' North of Crest Ave. (See alternative # 5) The petition is too simplistic an approach to a complex problem which now can be resolved in a more efficient manner. The more salient problems are: 1) . safety, 2) . abandonment of a southerly access to Cty. 18 would eternally forfeit that right - some form of realignment is the answer, 3) . abandonment would deny any future development of the Goode's property due to the 1000' cul-de-sac limitations. ��,,.._ �s &_cam: r Ra ph 0. Goode & Deloyce I. Goode 24 115 22 32 . 25 S1/2 of NW1/4 EX 2.5A & EX 10A EX 2 . 5A EX . 21 RD EX W 1073.93' **We have notified the other four petitioners of our intent to reverse our original position. B ,� 4*It {�,`0pe � a 0\:: February 18, 1992 Shakopee City Council Shakopee. Mn. 55379 Ladies and Gentlemen: We, the residents of McGuire Circle and McGuire Court (Riverview Estates) wish to register our objection to the proposal of the Shakopee Planning Commission to vacate the portion of Muhlenhardt Road between McGuire Circle and Horizon Drive, and construct a secondary "emergency access" road between Lots 5 & 6-7 of Riverview Estates. We understand the necessity of paving Muhlenhardt, due to extremely high maintenance costs, but feel the above proposal does not consider the needs and public safety of the residents served by Muhlenhardt, and was hastily proposed at the urging of residents of the area (including a member of the council who has a personal financial interest in the passage of the proposal) who don't depend on the road for access to their property. We feel that our needs are as important as the few property owners along the southern end of the road. We believe the Planning Commission did not consider key public safety issues when making its recommendation. From its junction with C. R. 16, Muhlenhardt rises 90 feet over .2 mi. to McGuire Circle (data taken from USGS topographic map of Eden Prairie Quadrangle, 1988 edition). The steep grade makes it impassable during ice and heavy snow storms (twice this winter) and residents must come around from the south to access our neighborhood. Emergency vehicles have the same problem; the proposal would not allow access from the south, and the proposed secondary road would be more impassable, since it would have the same slope and not be maintained as well by the City (according the City Engineer). Both roads slope or would slope to the north, making them icy throughout the winter, despite being paved. School buses would have even worse access problems in foul weather. The section proposed for elimination also carries a natural gas main from Horizon Drive, installed at the expense of five homeowners in 1991; we were told by Minnegasco that gas mains must be along roadways to allow access for repairs and leak detection. The expense to relocate this main would be exorbitant, since it would require routing along C. R. 16 from the west. Electric lines would also need to be relocated. Historically, Muhlenhardt has been a thoroughfare between the Bloomington Ferry Bridge and C. R. 42, and, as you know, has been alternately maintained by the City and Scott County. All of the residents purchased property in our area with the understanding, both implied and stated by City and County officials, that we would not be responsible for paying for improvements to the road. As recently as 1988, one of us was told by the City Engineer that her property would not be assessed for improvements to Muhlenhardt Road. Several residents were told in the 1970's that the City would pay for paving it, and others were told that, when Scott County turned the road back to the City in 1988, the County was planning to pave it. Also, a developer, now deceased and the namesake of the road, told residents that he had promised to pave it in exchange for being allowed to develop his land near Horizon Heights. We feel strongly that Council Member Michael Beard should disqualify himself from the vote on this proposal because he has a financial interest in the outcome of this issue. As you know, he owns property along Muhlenhardt and assessment to his property depends on your decision. In summary, the segment of Muhlenhardt Road between Horizon Drive and C. R. 16 should not be vacated. Since the City has not even installed a four way stop sign at the intersection of Muhlenhardt. and Horizon Drive, we don't feel that traffic should be used as an excuse to vacate a portion of the road to satisfy a few nearby residents at the expense of those of us who depend on it for access to our homes. Indeed, it is feasible that traffic on Horizon Drive could actually increase when northbound traffic on C. R. 18, desiring a shortcut to westbound C. R. 16, turns left at the junction of C. R. 18 and Horizon Drive in any of the proposals. Since many promises have been made in the past to residents from City and County officials, it should be payed for on either a City-wide or joint City-County basis; the City will still save money because it will not be paying approximately $24,000 annually to maintain the current road. Our taxes are already among the highest in Shakopee and we receive minimal City services. We feel that the assessment of improvements to a former county road, which none of us expected to pay when we built or purchased our homes, would be arbitrary and capricious and could even be challenged in court. It is not our fault that the County decided to "give" Muhlenhardt back to the City- we shouldn't be forced to pay for it! Siwerely, n Com` Y / _)3 ,., 2 , ,i1/./21;, S ,/, e5-71q2 i-C�'z �-' LteE.v g `6 CL : . ",-•i-' %:1-c 1 -/ .. /zerze? .5,F-5-741 (?,-4,e(7. 7‘'. '. . 7 -41-crut. , -#.- 7 . ---.7 ‘ _/ , 1')76( ff7-- ,'''___(.;//ee-d4/:- ; , ' 763 /'-1c&�%gc c R . e.cc / .. ,(,,e ,"7 4_44.r-, ,b-Y7 dA" .../21-1;-c‘'Lt- `--- -4 ..(__________) &1 yr."" . g S? J /71 c 6 c/"e_ re -� / /e�"....c ....tz_a (/--- ---=-7-- g".5 7 S /14 c 6--,..‹ i t-e_C i v-, 'c..--\ AAA-7-7k- D 8-L-20 MCCDLLL re_ 6 . . .----.< _-f (if /. 4, -7-2.:t . ! 1. ....- ,12.2.-3, Vi' 7,-<_,E- L .c. 7;;Az- (4''f4 ' ci, (-4-el"/-eti l v�k_zr� Cir-�C'_ (2i>-<-) ° 9 i< 5"--6 et /l/1,l �+c-<-'-'Le� etAAje- CC „ei,_ -� (0Me 6\00«( cf- • ,Il c„ii ;„ 'gL;) i flica:.(\r(, CA-- `zt.,, 6-,' i- / /2,-,- )134 So //1crG4, 1 -g7 .-L ... 1 .1 ' i / 21 tib,i l.P1h n fruid Al ..... �� /,,,. 392,, c y/ 6,,,/c ;g4”. . 92 02/10 08:28 DESPATCH IND iit009 a (r-Tak? • - . g.7/i /1- 7 . • (pf /-4 7,t4 ,zez,A4 ziozz lk '.11 e.11/e Cr IL 05g. f7,7; .II . /4 14, t,/1 74-(Z. /rg,./., ( '# rV,t--,7(. 1)14"4""nlizt:te''' /cee ) I -`1 -4 -- .5 (Pr- 174 - ems- t0 7tte r/, v G^+L CUA -2 • . t: / / • • • 02-13-92 TO: CITY PLANNER FROM: SHAKOPEE FIRE DEPT. IN REGARD TO THE POSSIBLE CLOSING OF MUEHLENHARDT ROAD: THE SHAKOPEE FIRE DEPT. REQUESTS THAT THE ROAD NAMED ABOVE NOT BE CLOSED. BY CLOSING THIS ROAD, THE ACCESSABILITY TO McGUIRE CIRCLE WOULD BE HINDERED. ALLOWING ONLY ONE ACCESS TO THIS LOCATION, THERE WOULD BE NO WAY 2 PUMPERS , 1 AERIAL, 1 TANKER, AND A RESCUE TRUCK WOULD EVER BE ABLE TO GET TO THIS AREA AND WORK EFFICIENTLY. IN CASE OF A MAJOR FIRE, MUTUAL AID VEHICLES WOULD NEVER BE ABLE TO GET CLOSE TO THE LOCATION WITH ONLY ONE ACCESS . IN ALL, THIS ROAD CLOSURE WOULD DELAY EMERGENCY AND FIRE FIGHTING EFFORTS . THE CITY ORDINANCE ALSO STATES THAT A CULDESAC OUT IN A RURAL AREA CAN ONLY BE A THOUSAND FEET OFF THE MAIN ROAD AND IF - THEY CLOSE THIS ROAD IT WILL BE OVER THREE THOUSAND FEET OFF THE MAIN ROAD. • • _ 4 HAKOPEE FI CHIEF FRANCIS J RIES _ Y • Shak'_oee Services Inc. 963 South Atwood Street Shakopee. MN 55379 February 14. 1992 Shakopee Planninc Commission, Shakopee City Hall 129 East First Pve. • • • Shakopee. MN 55379 Dear Sirs, • Shakopee Services Inc. would like to co on record requesting the City of Shakopee to keep Muhlenhardt Road open from Eagle Creek Blvd to Horizon Drive. The rout inc of school buses is our main concern in this matter. Shakopee school buses travel this road seven times a day. There are three morning routes. three afternoon routes and a kindergarten route. We have worked to make all routes come down Muhlenhardt Road, rather than having to come uo the hill. Coming uo the hill can be hazardous in icy, winter conditions. The closing of the road would also add additional miles and time to bus routes. Thank you for considering our concerns in your decision. • ncerely, • Norb & Grace Schmitt Shakopee Services Inc. iplinnegasco. A Division of Arkla,Inc. February 10, 1992 Lindberg S. Ekola City Planner City of Shakopee 129 East 1st Avenue Shakopee, MN. 55379-1376 RE: Proposed Street vacation of Muhlenhardt Dear Mr. Ekola: Enclosed is our map showing the location of our existing natural gas distribution main, installed in August of 1991 , in that portion of Muhlenhardt Road proposed to be vacated. Since this natural gas distribution main is necessary to serve the plat of Riverview Estates, we must object to this proposed vacation unless suitable easement rights are reserved to Minnegasco, pursuant to MSA 160.29. Our file for this distribution main includes a note that the designer talked to the City of Shakopee's engineering department concerning this proposed vacation and was assured the City would reserve a utility easement for Minnegasco. Please reserve an easement over the following described property: That part of Muhlenhardt Road which lies West of the East line of the Northwest Quarter of Section 24, Township 115, Range 22, and lying North of the South right-of-way line of Horizon Drive. Minnegasco does not have any distribution gas mains in the proposed vacation area at Muhlenhardt Road and CSAH 21. For your information, Minnegasco also has a natural gas transmission line crossing Muhlenhardt road to the north of Horizon Drive. A separate transmission line also crosses to the south of Muhlenhardt road and CSAH 21. Minnegasco's rights to these transmission lines are reserved by easements filed in 1939 by Northern Natural Gas Company and subsequently assigned to Minnegasco. Minnegasco has main jobs designed to install addition distribution gas mains to the south of Horizon Drive on Muhlenhardt Road. Also on Horizon Drive to the East of Muhlenhardt Road to serve the plat of Horizon Heights 4th Addition with natural gas. Thank you for the advance notice and please send me a copy of the final action on this proposal. Sincerely, Steven Von Batten Real Estate Specialist Minnegasco cc: R. J. Pilon, Minnegasco Jim Carey, Minnegasco 700 West Linden Avenue P.O. Box 1165 Minneapolis, MN 55440 , SENT MEMO TO: Dennis R. Kraft, City Administrator, C FROM: Lindberg S. Ekola, City Planner /�� RE: 1991 Annual Report of the Board of Adjustment and Appeals and the Planning Commission DATE: February 7, 1992 INTRODUCTION: Enclosed is the Board of Adjustment and Appeals and Planning Commission 1991 Annual Report. BACKGROUND: Each year the City Boards and Commissions are required to submit an Annual Report outlining their activities during the previous year. At their February 6, 1992 meeting the Planning Commission passed a motion recommending to the City Council approval of their 1991 Annual Report. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends approval of the 1991 Annual Report. ACTION REQUESTED: Move to approve the Board of Adjustment and Appeals Commission and the Shakopee Planning Commission 1991 Annual Reports. 8, MEMO TO: Board of Adjustment and Appeals Shakopee Planning Commission FROM: Lindberg S. Ekola, City Planner RE: 1991 Annual Report DATE: January 31, 1992 INTRODUCTION: Enclosed is the Board of Adjustment and Appeals Commission and Planning Commission 1991 Annual Reports for your consideration and approval. BACKGROUND: Each year the various City Boards and Commissions are required to submit an Annual Report outlining their activities during the previous year. Staff would like the Board of Adjustment and Appeals and the Planning Commission to review the Annual Reports as drafted by staff and make recommendations for changes as needed. ALTERNATIVES: 1. Move to recommend to the Shakopee City Council approval of the Board of Adjustment and Appeals Commission and Shakopee Planning Commission 1991 Annual Reports as drafted. 2 . Amend the 1991 Annual Reports and recommend approval. 3 . Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends alterative #1. ACTION REQUESTED: Move to recommend to City Council approval of the Board of Adjustment and Appeals Commission and Shakopee Planning Commission 1991 Annual Reports. i 1991 ANNUAL REPORT S HAKO PE E PLANNING COMMISSION AND BOARD OF ADJUSTMENTS AND APPEALS PLANNING DEPARTMENT REPORT Year End Report 1991 Planning Division: Responsible for providing information regarding land use regulations for the public, reviewing land development applications for compliance with City Codes and preparing reports and recommendations for the Planning Commission and City Council. Employees: Position: Name: City Planner Lindberg S. Ekola Assistant City Planner Terrie Sandbeck Clerk Typist Aggie Unze Activities: 1987 1988 1989 1990 1991 Variances & Appeals 22 13 10 9 9 Conditional Use Permits 17 26 24 8 13 Plats 12 9 11 8 12 Rezoning 5 2 1 1 4 Code Amendments 3 8 7 3 7 PUD' S 4 1 3 1 0 Special Action 13 16 12 8 3.2 Totals 76 75 68 38 57 1 1991 ANNUAL REPORT BOARD OF ADJUSTMENT AND APPEALS Shakopee, Minnesota VARIANCES AND APPEALS DATE ACTION January 10th Variance Resolution No. 603 : Request for a 8 . 2 ' variance from the side yard setback upon the property located at the southeast corner of Naumkeag St. and Bluff St. alignment. Public hearing held. Approved. February 7th Variance Resolution No. 605 : Request for a 28 ' variances from the required front yard setbacks upon the property located at 321 West 1st Ave. to install an awning. Public hearing held. Approved. February 7th Variance Resolution No. 606 : Request for a variance from the requirements of the sign ordinance at 738 E. 1st Ave. Public hearing held. Denied. Appealed to City Council 4-2-91 . Denied. March 7th Variance Resolution No. 611: Request for a variance to allow a building permit to be issued for a parcel which does not abut a dedicated public street, located south of Valley View Rd. and east of County Rd. 17 . Public hearing held. Denied. June 6th Variance Resolution No. 612 : Request for a variance to allow an addition to a nonconforming residence in a B-3 Zone at 229 West 1st Ave. Public hearing held. Denied. Appealed to City Council 7-2-91. Approved. July 11th Appeal Resolution No. 614 : An appeal of staff ' s interpretation of the City Zoning Ordinance ' s definition of retail uses in the I-2 zone. Public hearing held. Denied. July 11th Variance Resolution No. 615 : Request for a variance to the required side and rear yard setbacks to construct a new bank building on the northwest corner of 4th Ave. and Marschall Rd. Public hearing held. Approved. 2 DATE ACTION September 5th Variance Resolution No. 621: Request for variances from the required lot size and side yard setbacks to construct two buildings on two lots at 718 W. 3rd Ave. Public hearing held. Denied four variance, approved one. Appealed to the City Council 10-1-91. Denied four variance, approved one. September 5th Variance Resolution No. 619 : Request for a variance from the required lot size to move a dwelling onto the 300 block of Marschall Rd. Public hearing held. Approved. August 8th Variance Resolution No. 618 : Request for a 6 ' variance from the side yard setback to build an addition to the garage at 1141 Monroe St. Variance not needed - covered by original lot variance. November 7th Variance Resolution No. 625: Request for a variance to the required outside building materials and a variance to the front yard setback. Application withdrawn. Respectfully submitted, Terry Joos, Chair Eugene Allen Nancy Christensen Melanie Kahleck Joan Lynch William Mars H. R. Spurrier 3 Quant i. ty 1--, N W az.. u-i O O O O O C tD tii c J 0 0 P 0 Nvc it co co > a < u. c n (I) H ,-. rt P 00 P 0 1 0 rt Pi ki, • ci 0 0 pi u) H • a 4 1991 ANNUAL REPORT SHAKOPEE PLANNING COMMISSION Shakopee, Minnesota CONDITIONAL USE PERMITS DATE ACTION February 7th Conditional Use Permit Resolution No. 602 : To consider a conditional use permit to allow a dwelling unit to be moved onto the property at 2045 Eaglewood Lane. Public hearing held. Denied. February 7th Conditional Use Permit Resolution No. 607: To consider a conditional use permit to allow a truck maintenance garage operation at 1475 County Rd. 18. Public hearing held. Approved with conditions. March 7th Conditional Use Permit Resolution 609 : To consider a conditional use permit to allow a restaurant to serve liquor in the B-3 Central Business District at 230 S. Lewis St. Public hearing held. Approved with one condition. March 7th Conditional Use Permit Resolution 610: To consider an amendment to Conditional Use Permit No 448 to allow the operation of a wholesale damaged car business at 1513 County Road 18 . Public hearing held. Approved with conditions. May 9th Conditional Use Permit Resolution No. 608 : To consider a conditional use permit to allow a business on Maras St. requiring outdoor storage of salvage and stock piling of street sweepings. Public hearing held. Approved with conditions. June 6th Conditional Use Permit Resolution No. 613 : To consider a conditional use permit to allow an office building to be moved in at 1206 E. 1st Ave. Public hearing held. Approved with conditions. July 11th Conditional Use Permit Resolution No. 616: To consider a conditional use permit to allow the moving in of a residence to a property located on the north side of East 4th Ave. , between Fillmore St. and Spencer St. Public hearing held. Approved with conditions. 5 DATE ACTION August 8th Conditional Use Permit Resolution No. 617: To consider allowing a Taxidermy business out of a residence at 2020 Marschall Rd. Public hearing held. Approved with conditions. September 5th Conditional Use Permit Resolution No. 622 : To consider a conditional use permit to allow a mobile home to be moved onto the family farm at 2967 Marschall Rd. Public hearing held. Approved with conditions. September 5th Conditional Use Permit Resolution No. 623 : To consider a conditional use permit to allow moving a dwelling onto the property at the 3000 block of Marschall Rd. Public hearing held. Approved with conditions. October 3rd Conditional Use Permit Resolution No. 620: To consider a conditional use permit to allow an over- height building to be erected at 800 W. 1st Ave. Public hearing held. Approved with conditions. October 30th Conditional Use Permit Resolution No. 624 : To consider an application for mineral extraction and land rehabilitation and conditional use permit for gravel mining on a parcel located east of County Rd. 17 , west of County Rd 83 and north of Valley View Rd. Approved with conditions. November 7th Conditional Use Permit Resolution No. 626 : To consider a conditional use permit to allow a pet grooming business at 638 E. 3rd Ave. Public hearing held. Approved with conditions. October 30th Conditional Use Permit Resolution No. 604 : To consider an application for mineral extraction and land rehabilitation and conditional use permit for gravel mining on a parcel located at 2451 McKenna Rd. Public hearing held. Application withdrawn. 6 1991 Annual Report PLATS DATE ACTION May 9th Preliminary plat for Weinandt 2nd Addition, 24 lots, located on the southwest corner of County Road 17 and County Road 42 . Public hearing held. Recommended approval with conditions. Approved by City Council May 21, 1991 with conditions. May 9th Final plat for Meadows 5th Addition, 38 lots, located and one outlot, located south of 11th Ave. , between Dakota St. and Naumkeag St. Public hearing held. Recommended approval with conditions and exclusion of 5 lots, May 9, 1991. Approved by City Council May 21, 1991 with conditions. June 6th Preliminary and final plat of Gary & Lori's Land, 2 lots, located at 1101 Naumkeag St. Public hearing held. Recommended approval with conditions. Approved by City Council June 18, 1991. June 6th Preliminary and final plat of Park Place, replat 14 parcels into 4 lots, located at 1206 E. 1st Ave. Public hearing held. Recommend approval with conditions. Approved by City Council June 18, 1991. June 6th Final plat of Heritage 3rd Addition, 26 lot and 1 outlot, located north of Vierling Dr. and east of Sapphire Lane. Public hearing held. Recommended approval with conditions. City Council approved June 18, 1991 with conditions. June 20th Preliminary plat of Eagle Creek Junction 3rd Addition, 22 lot, located south of County Road 16, abutting Roundhouse Circle on the west. Public hearing held. Recommended approval of preliminary plat with conditions. City Council approved July 2, 1991. July 11th Final plat of Weinandt Acres 2nd Addition, 24 lots and 1 outlot, located at the southwest corner of County Road 17 and County Road 42. Public hearing held. Recommended approval of final plat with conditions. City Council approved July 16, 1991. August 8th Final plat of Eagle Creek Junction 3rd Addition, 22 lots, located south of County Road 16, abutting Roundhouse Circle on the west. Public hearing held. Recommended approval of final plat with conditions. City Council approved August 20, 1991. 7 DATE ACTION September 5th Preliminary and final plat of Mulberry Meadow 1st Addition, 11 lots, located west of Market St. and south of the new 5th Ave. extension. Public hearing held. Recommended approval of preliminary and final plat with conditions. City Council approved September 17, 1991. September 5th Preliminary and final plat of Mark J. Weinandt Addition, 1 lot, located on the west side of County Road 17 approximately 3/4 of a mile south of County Road 42 . Public hearing held. Recommended approval of preliminary and final plat with conditions . City Council approved September 17, 1991. September 5th Preliminary and final plat of the West End Addition, 1 lot, located between Hwy. 169 and Harrison St. Public hearing held. Recommended approval of preliminary and final plat with conditions. City Council approved September 17, 1991. September 5th Final plat of The Meadows 6th Addition, 32 lots and 2 outlots, located south of 11th Ave. and east of County Road 79 . Public hearing held. Recommended approval of the final plat with conditions. City Council approved September 17, 1991. December 5th Preliminary plat of Pine Ridge Fitness Center, 1 lot, located at 600 County Road 83 . Application. withdrawn. 8 1991 Annual Report REZONING DATE ACTION January 10th Request to consider the rezoning of lots 2 and 6, Block 1 Eagle Creek Junction First Addition plus the parcel to the east of Block 1 from an R-4 district to an R-3 district. Public hearing held. City Council approved January 22, 1991. June 20th Request to consider the rezoning of lot 4 and parts of 3 & 2, Block 1, Eagle Creek Junction 2nd Addition from an R-4 district to an R-3 district. Public hearing held. City Council approved July 2 , 1991. August 8th Request to consider the rezoning of a parcel located on the southwest corner of Hwy. 101 and Valley Park Dr. from an I-2 district to a B-1 zone. Public hearing held. Denied. Appealed to the City Council August 20, 1991. Denied. September 5th Request to consider the rezoning of a portion of the property at 1440 W. 3rd Ave. from a R-4 district to a B-1 district, for the purpose of unifying zoning of the complete parcel. Public hearing held. City Council approved September 17, 1991. 9 1991 Annual Report AMENDMENTS DATE ACTION January 10th Amendment to the Shakopee City Code Chapter 11, Section 11. 24 and Section 11. 25, to delete mining and extraction uses from the conditional uses listed in Ag and R-1 districts. Public hearing held. Recommendation to City Council. City Council approved September 17 , 1991 to become effective November 7, 1991. (Ordinance No. 304) . May 9th Amendment to Conditional Use Permit Resolution No. 376 to consider allowing security lights to be installed and to consider an extension of mining hours. Public hearing held. Approved installation of lighting - denied extension of hours. Appealed denial of extension of operating hours. City Council denied June 4 , 1991. June 6th Amendment to the Shakopee City Code Chapter 11, Section 11. 04 , changing the notice requirements set forth in Subd. 4, 5 and 6 . Public hearing held. Recommendation to City Council. City Council approved June 18 , 1991. (Ordinance No. 312) August 8th Amendment to the Shakopee City Code Chapter 11, Section 11. 25, 11. 26 , 11. 27 , 11 . 29 , 11. 32 , controlling wood storage in the residential, commercial, and industrial zoning districts. Public hearing held. Recommendation to City Council. City Council denied August 20, 1991. (Ordinance No. 314) September 5th Amendment to the Shakopee City Code Chapter 11, Section 11. 32 and 11. 33 , which would add retail sales to the conditional use list in each section. Public hearing held. Recommended denial to City Council. City Council denied September 17, 1991. (Ordinance No. 319) September 5th Amend Conditional Use Permit Resolution No. 576 : To consider amending a conditional use permit to allow enclosure of a concrete ready mix plant in order to do business year around. Public hearing held. Approved with conditions. October 3rd Amendment to the Shakopee City Code, Section 11. 29 , Subd. 2 to clarify the terminology in the permitted uses list, replacing "motor homes" with "motor motels" in the B-1 zone. Public hearing held. Recommendation to the City Council. City Council approved October 15 , 1991. (Ordinance No. 320) 10 1991 Annual Report SPECIAL ACTIONS DATE ACTION February 7th Approved the 509 Stormwater Management Plan and recommended approval by the City Council. City Council approved March 5, 1991. (Resolution No. 3372) February 7th Approved the 1991 - 1995 Parks Capital Improvement Plan and recommended approval by the City Council. City Council approved February 19, 1991. March 7th Approve the 1991 Planning Commission Work Program and recommend approval by the City Council. City Council approved March 19, 1991. (DOC NO. CC-183) June 6th Recommended to City Council approval of vacation of the east/west alley in Block 30, East Shakopee Plat and found that vacation does not conflict with the City's Comprehensive Plan. City Council approved June 18, 1991. (Resolution No. 3413) June 6th Initiated revocation of Conditional Use Permit Resolution No. 610, which allowed the operation of a wholesale damaged cars business, due to noncompliance of conditions of permit. City Council approved revocation July 16, 1991. July 11th Recommend to City Council approval of the Interim Ordinance Report (June Municipal Improvement Report) . City Council approved August 6, 1991. September 5th Approved the 1992 - 1996 Capital Improvement Program and recommended approval by the City Council. City Council approved November 6, 1991. October 3rd Recommended approval by the City Council of the vacation of Breeggemann, Mielke and Petsch Cartways, provided none of the vacations would landlock any parcels. City Council denied the vacation of Mielke Cartway contingent upon the City and property owners coming to an agreement and granting the City an easement by March 31, 1992 . If at that time it is not done, the roadway will be vacated. Vacation of the Breeggemann Cartway denied. Vacation of the Petsch Cartway approved (Resolution No. 3481) . October 15, 1991. December 5th Recommended approval of portions of Mulenhardt Rd. by the City Council. City Council action pending. 11 DATE ACTION December 5th Recommended City Council approval of the vacation of drainage and utility easements between Lots 2 & 3 , and Lots 3 & 4 , Block 1, Eagle Creek Junction 2nd Addition. City Council approved December 17 , 1991. December 12th Approved amendment to the 1980 Shakopee Comprehensive Plan to reflect the proposed CSAH 18 Shakopee Bypass Interchange and recommend City Council approval. City Council approved December 17 , 1991. December 12th Approved amendment to the 1980 Shakopee Comprehensive Plan to the proposed expansion of the Metropolitan Urban Service Area for the area southeast of the Shakopee Bypass and County Road 17 and recommend City Council approval. City Council approved December 17 , 1991. Respectfully Submitted, Melanie Kahleck, Chair Eugene Allen Nancy Christensen Terry Joos Joan Lynch Dave Rockne H. R. Spurrier 12 Quant i ty F-+ N W Ui 0 0 0 0 0 0 Lo 41 03 v M �-r n ;' 0 a 0 liD CO H co 0 rt 0 H hi H N C N. (il ti ro1) 0 ,--, 0 hl qD, H. N rt \ (n N. a 13 Quant i ty H' NJ W .i:. U' O C O 0 O C T U) CO J r� Ut Pi N 0 VD COCO (U m ro H ro H 0 oprt n 1.1 th4 C) 0 0 N. cn H 0 vo14 Quantity ,--� N W ,A ll, C C C C C C N kr, co . 7 t� t n,, n ,_ 0 . , co . a) Ili H 0 Pi N 0 @ o—4 P N. N. N n 0 lD 5 C H. (n N. 1) —i 5 0 15 Quantity F-' N W 4. U1 O O 0 0 0 O N lD I\ J rrnn CII Fnns'' W �'0 V co 0 0 ti N 00) it iQ 0 U 0 . 0 H. H. 0 i 16 Quantity F-+ N W Ui C C C C C F-' co 0.1 Ul 0 c co Immv Iv ro CC d n � 1' Quantity N NJ W Ui O O 0 0 0 0 lO CO J tn FUS n1 W 0 N CO 0 tto� CO V� 0 b 0 H P H A 13 > H. 0 rt H. 0 0 0 In U! 0 0 H. 0 0 H. 0 kCi A . % 18 /(26 MEMO TO: Dennis R. Kraft, City Administrator FROM: Lindberg S. Ekola, City Planner RE: 4th Avenue/Abandoned Railroad Line Rezoing Study Area Ad Hoc Committee DATE: February 14, 1992 INTRODUCTION: At the February 6, 1992 meeting the Planning Commission passed a motion to create an ad hoc committee to provide further study for the area near 4th Avenue and the abandoned railroad line. The Planning Commission is requesting the City Council authorize the use of staff time to serve the ad hoc committee. BACKGROUND: The Shakopee Housing and Redevelopment Authority (HRA) requested that the Planning Commission initiate a rezoning study for the 4th Avenue area on October 1, 1991. The basis of the HRA' s action was the irregular shaped parcels, lack of through streets and the existing bedrock. The conditions have made it very difficult to develop the properties in the area, including the parcel owned by the HRA, from a financial standpoint. The HRA felt that a higher density zoning might encourage developer interest in the area. The Planning Commission reviewed the pros and the cons of the rezoning proposal in two recent meetings. The Planning Commission has determined that further analysis is needed. Some of the concerns raised by Planning Commission members included: 1. The need to study the area more comprehensively. 2) To better address land use and compatibility concerns. 3) Analyze the use of higher residential density zoning districts as buffers to single family neighborhoods. , 4) Identify ways to better protect the older areas of the City. At the February 6, 1992 meeting the Planing Commission passed a motion to create an ad hoc committee. The committee would consist of Commissioners Christensen, Mars, Spurrier, Zak and a realtor, a developer, a redevelopment planner, and a staff member. The Planning Commission then tabled the rezoing study to their April meeting. The Planning Commission recognized the limited staff time available and requested City Council authorization to staff the committee. Attached is a copy of the draft 1992 Planning Commission Work Program. This work program lists the major tasks to be undertaken or initiated in 1992 . DISCUSSION: The Planning Commission suggested a timeframe of two to three months and will review the rezoning study in April as a tabled item. Staff would like to suggest a work program for the ad hoc committee for discussion purposes. Due to limited staff time and resources it is essential that some structure be established for the planning effort. Two meetings of the ad hoc committee are proposed as follows: 1. Field Tour/Discussion o Schedule a late afternoon field tour in the study area - review existing land uses, transportation systems, building conditions, landscaping, zoning ordinance violations. o Return to Council Chambers - review draft Comprehensive Plan maps, text, and applicable ordinance provisions. o Discuss the field tour review topics and identify key problems in study area. 2 . Discussion/Work Session o Develop alternatives to address problems. o Discuss pros and cons of each alternative. o Develop recommendation for Planning Commission. Two ad hoc committee agenda packets would need to be prepared. Planning Staff would propose to spend 12-15 person hours on each packet and meeting preparation. Meeting time would take 4 to 5 hours as proposed. ALTERNATIVES: 1. Authorize the use of staff time for the ad hoc committee. 2 . Do not authorize the use of staff time. 3 . Recommend to the Planning Commission that the rezoning proposal be withdrawn at this time. 4. Table City Council action. RECOMMENDATION: Staff recommends alternative No. 1. ACTION REOUESTED: Offer and pass a motion authorizing the use of staff time for the 4th Avenue/Railroad Area Rezoning Study Ad Hoc Committee. A-H—etchteke,gett 1 1 PQAPr 1992 PLANNING COMMISSION WORK PROGRAM COMP PLAN COMPLETION ELEMENT OBJECTIVE DATE * Items are listed in order of priority 1. GM Current Planning Review Activities Ongoing 2 . GM Draft Comp Plan Amendments February, 1992 3 . GM 1993-1997 Capital Improvement Program October, 1992 4 . LU Subdivision. Regulations Update March, 1992 5. LU Zoning Ordinance Update December, 1992 6. SS Comprehensive Sewer Plan November, 1992 7 . LU Downtown Plan Update Complete in 1993 8 . LU Interim Ordinance Land Use Study March, 1992 9 . LU Land Division Coordination August, 1992 (City and Scott County) 10. TS City Wide Pedestrian Circulation Plan May, 1992 11. TS City Wide Street width Study May, 1992 12 . LU Restudy the RTD Area December, 1992 13 . LU Marschall Road Corridor Plan Complete in 1993 14. LU 1st Avenue Corridor Plan Complete in 1993 15. GM Development Review Process Ongoing Improvements 16. PM Reevaluate population and household February, 1992 forecast Census data 17 . GM Comp Plan brochures September, 1992 18. LU Annexation/MUSA Expansion Plan Complete in 1993 19. GM Commission education seminars Monthly 20. TS Street Lighting Study ' Complete in 1992 21. TS Street Tree Study Complete in 1992 22 . TS City Wide traffic control study December, 1992 23 . LU On-site sewer program December, 1992 24 . SW Wetland Mapping Inventory December, 1992 25. SW Review 509 Surface Water Mgmt. Plans December, 1992 DRAFT PLANNING COMMISSION MINUTES February 4, 1992 7 . PUBLIC HEARING: CITY OF SHAKOPEE - PROPOSED REZONING The City Planner reviewed the proposed rezoning for the 4th Avenue and abandoned railroad line area. Comm. Christiansen stated that she feels that this should be looked into further and that "just to get it back on the tax rolls was not a good enough reason" . She said she felt that the City should look into protecting the "older" part of Shakopee. She would like to have a committee formed to look into the "old town" of Shakopee and envision what they would like to have this area look like. Comm. Spurrier asked what types of housing would be permitted within this zoning of R-3 . City Planner reviewed the R-2, R- 3 , and R-4 permitted and conditional uses as well as the district requirements. Comm. Joos said he thinks this area is undevelopable as it now stands and feels that it is time the City make some changes. Comm. Zak said that this area has been studied by the City since 1985 and feels that it is time to move on and get this back on the tax roles. Comm. Joos said he feels that if this area is left alone, then nothing will ever be done with it. Something needs to be done. Comm. Kelly said he feels something needs to be done in the way of economics but that the single family homes should be protected some how. He suggested going from R-2 to R-3 along the undeveloped part of the railroad. Comm. Spurrier stated that too many developers and too many engineers do not look for options before they right off every alternative. He has a concern on the character of the neighborhoods. The City Planner provided a 5th option. Motion: Spurrier/Christiansen moved that the Chairman appoint a Committee as an ad hoc committee to review the proposal of preserving the "old Town" Shakopee and return to the Planning Commission with recommendations. Comm. Mars recommended that a Realtor and a developer and City Staff member be included in this Committee. Comm. Spurrier requested that the City Council authorize the use of staff time for the ad hoc committee. Motion was approved. Spurrier/Christiansen moved to table until the first meeting in April after the Committee has had an opportunity to review the area. Motion was approved. /D e, MEMO TO: Dennis Kraft, City Administrator FROM: Terrie Sandbeck, Assistant City Planner RE: Beckrich Park Estates Preliminary Approval for Planned Unit Development DATE: February 10, 1992 INTRODUCTION: At their February 6, 1992, meeting, the Planning Commission moved to recommend approval of the preliminary Planned Unit Development (PUD) for Beckrich Park Estates to the City Council. BACKGROUND: The site is located at the northeast corner of County Road 78 and County Road 79, and is approximately one mile south of the Shakopee Southerly Bypass. It is zoned Rural Residential (R-1) , and is located in the rural service area. (See Exhibit A. ) The site covers 86.76 acres, and there are 35 lots in the proposed development. (See Exhibit B. ) A letter to the Planning Commission describing the proposed development is attached as Exhibit C. CONSIDERATIONS: 1. The purpose of the Planned Unit Development (PUD) section of the Zoning Ordinance is to encourage innovation, variety and creativity in the site planning process. A developer may obtain greater development flexibility through variances negotiated in the PUD review process provided that amenities beneficial to the public are created with the proposal. Greater protection of important natural features, preserving open space, and providing a quality environment are often the means in which a developer can negotiate flexibility from the standard zoning ordinance regulations. 2 . The Rural Residential (R-1) zoning district establishes a minimum lot size of 2 . 5 acres. The applicant is proposing a reduction in the lot size requirement. The applicant is requesting to plat 34 of the 35 lots below the 2 . 5 acre minimum. A majority of the smaller lots would be just over one acre in area. The resulting density of this proposal would be 0.40 dwelling units per acre (35 / 86.76 = 0,403) . 3 . In his presentation to the Planning Commission, the developer proposed to retain Outlots B and C for open space for residents of Beckrich Estates and dedicate 8 . 5 acres of park land on the east side of the PUD for public purposes. A regional trail (Hennepin-Scott County trail system) is proposed to run along the right-of-way on the west (County Road 79) and on the south (County Road 78) boundaries of the PUD. Since the proposed park land dedication did not connect with other planned trails to the northeast, the Planning Commission recommended that area to be maintained by the homeowner's association and cash in lieu of park land be dedicated to the City. The developer is proposing to construct walking trails and two practice golf holes in the homeowner' s association open spaces. 4. Outlot B is approximately 3 .3 acres in size; Outlot C is approximately 15.8 acres in size; and Outlot D is approximately 8. 5 acres in size. This 27. 6 acres of open space in these outlots accounts for 31.8% of the area within the plat (27 . 6 / 86.76 = 31.8%) . The amount of open space provided meets the PUD requirement. 5. Outlot A measures approximately . 25 acres. It will remain in the possession of Beckrich Development until such a time that a street connection to the north is required and the parcel is platted. 6. All streets within the PUD will be dedicated to the City. The streets currently named "Pondview Circle" and "Park Road" will need to be changed to names less similar to existing streets within the City. Plans for street improvements, grading, and drainage are being reviewed by the City Engineer. Only minor changes are anticipated. 7. On January 1, 1992, the Wetland Conservation Act of 1991 became effective. The City of Shakopee became the Local Governing Unit (LGU) responsible for administrating this wetland program on February 4, 1992 . All development proposals must be reviewed by the LGU for their impact on wetlands. Certain wetlands, such as those regulated by the Department of Natural Resources (DNR) or the U.S. Corps of Engineers, are exempt from this law. If no wetlands are affected, the LGU must issue a Certificate of Exemption to the owner. At this time, staff has not yet developed the administration process for the wetlands program. A condition has been recommended that makes the approval of the plat contingent upon the applicant receiving a Certificate of Exemption or receiving the appropriate mitigation/replacement approvals. 8. Preliminary locations for two on-site septic systems for each proposed lot have been provided on the Preliminary Watermain and Septic Plan map. These locations are subject to change due to additional information regarding soil types and percolation rates. 9 . Information on soil types, percolation rates, and bearing capacities will be provided at the preliminary plat stage of the approval process because of constraints due to winter weather conditions. 10. The attached Preliminary Watermain and Septic plan provides the preliminary building pad sites. House elevations and grading contours will vary depending on the house style. Final elevations will be shown on the individual lot surveys that are submitted at the time of the building permit application. 11. A central water system will be installed according to City specifications and will be maintained by the homeowner' s association. Watermain locations are provided on the Preliminary Watermain and Septic Plan. Water mains will have a minimum of 7-1/2 feet of cover from the finished grades. 12 . Lot 1, Block 1, requires direct access from County Road 79. Lot 1, Block 8, requires direct access from County Road 78. Access permits from these lots will be required from Scott County. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends approval of the preliminary Planned Unit Development for Beckrich Park Estates, subject to the following conditions: 1. A variance to the lot size requirement of 2 . 5 acres in the Rural Residential Zoning District is approved by the Shakopee City Council. 2 . Submission of a sewer plan which contains an analysis of soils and design standards for each residential site and ensures compliance with the City code for private sewage treatment systems. 3 . Approval of the preliminary PUD is contingent upon the applicant receiving a Certificate of Exemption (Wetlands Conservation Act of 1991) or receiving approval by the City with appropriate minimization/replacement measures. 4 . A plan for the developer to meet the park dedication requirement, utilizing cash payment in lieu of land dedication, must be developed prior to the approval of the final plat. 5. A street lighting plan should be included on the final PUD. 6. Prior to approval of the final PUD, final construction plans for all public improvements must be submitted and approved by the City Engineer. 7 . Execution of a developer's agreement for the construction of the required improvements: A. Water system to be installed in accordance with the requirements of the City Engineer. B. Street lighting shall be installed in accordance with the requirements of the SPUC Manager. C. Storm sewer system shall be installed in accordance with the Design Criteria and Standard Specifications of the City of Shakopee. D. Local streets and street signs within the plat will be constructed in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. E. Street signs will be constructed and installed by the City of Shakopee at a cost to the developer of $250. 00 each per sign pole. 8. The developer shall be responsible for grading of the plat as shown in the preliminary drainage plan. 9. The final PUD must show all drainage and utility easements around the lot lines. 10. County Road access permits will be required from Scott County prior to final PUD approval. 11. The streets currently named "Pondview Circle" and "Park Road" must be changed to names that are less similar to names of already existing streets within the City. 12 . A fire hydrant plan must be approved prior to the approval of the preliminary plat. 13 . Approval of the title opinion by the City Attorney. ACTION REQUESTED: Offer and pass a motion approving the preliminary Planned Unit Development for Beckrich Park Estates, subject to conditions, and move its adoption. • _ - ,. iv,,- I V I I -•• . - \' • y r. —_ _ _ _ -.ate A/•II�oI�. '.�11L/ .f-/1_0:..8'm" • to l! 1 {" ! r"...._____,, ! • • . ., ,,, ----- -- EXHIBIT A . ___ . ------ ! lc •rsElls:-_ ..t. '% -tl i __— .i. .. y 7.$' d• = I 'A EO i 411>II 1ion/ I ��G • 1--"Y N 1 r K•r`l_ r I r`' 1 e`., w Ip , sI \tfnsrLwR .3Solnito.00 Lei NUA,SW'g,Scc•►B WEST 1..In . 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M 13 `1 b e,._, ',, -t 6 \\�\ `���,� M ) —�)745,1.,1,,_._ �� Aro n I ug �\ It* , -art ? �'�a7•' , :iii 1.: 7 ' 9xallirif \S',..1Vielpii-wi, , "7.1frirlvolv . .4**-1., . ;!s..:4a.. --- _. n% Ptig / 7;4 N,i 2• I I I I 1 li,is iii ........A Ipii I/ ,4-if---'-,1000Z.--- i i I t I:t,... •,,_:. ..2,z.. e.A• 1 1. ..: a‘‘, r .,. . : ,,__ — --,_.„4„,...... . ,,,,,...t.-_,. _::: .1,.. ..,..,.,.,.. i , frit . - /1,,i , .,, ‘, ,„1„,,,, .,,,,:.: ,, „ .41. .........7._;„ -"motaii..----z— ,, . tipt ..,._.:. ) i ------...-;-..." .,----- t...,,. II, cs, ____...„ ,f1: - .. i3 (It, �\ i �r.� 'sm.. 1246`l-- 6 Off_ e 7..-._-. , - ; 7-1`,. .. . 7 VI ` ¢Ve e� / -__=,--- m ® tD' C/' ,L . - a � • � ` m �, x m s� H tOo sa A §a O H X NE l E m ` e -tp itD}, " Z p <• . 2? o ' II!f t U9''' • 1 g N December 16 , 1991 EXHIBIT C Planning Commission City of Shakopee RE: Beckrich Park Estates Beckrich Park Estates is intended to provide large home sites of 1 acre or more in a park like setting. The plot submitted will do the things that the PUD was made for, such as , using variety and creativity in site planning and to preserve natural landscape and open space. The plat will include four pond areas to add beauty to the area as well as helping to control erosion and runoff. There will also be walking trails and 2 practice golf holes for the residents which will be maintained by the homeowners association. Public park areas will also be available, part of which will border the proposed future trail system. A central water system will also be installed according to city specifications which will be maintained by the association. The lots shall be large enough that septic sites can be contained on the lots . Streets will also have concrete curb and gutter to give the area the appeal of a quality urban area. ija_L- SLLVZ Beckrich Development DRAFT PLANNING COMMISSION MINUTES February 4, 1992 6. PUBLIC HEARING: DALE DAHLKE AND BECKRICH DEVELOPMENT City Planner stated that the Planning Commission continued the public hearing for preliminary approval of a residential Planning Unit Development located at the northeast corner of County Road 78 and County Road 79, approximately 1 mile south of the Southerly bypass. The site is zoned Rural Residential and located in the rural service area. It covers 86.76 acres and there are 35 lots proposed varying in size from 1 acre to 4 acres. Comm. Joos had a concern with the naming of "Park Road" . He felt it should be renamed because of the existing streets in the City, "Park Circle" and "Park Drive" . Comm. Spurrier arrived at 8: 25 p.m. Comm. Spurrier asked the density per acre. Staff stated that the proposal is just under 0.4 dwelling units per acre. Dale Dahlke, 1279 Limestone Drive, Beckrich Development, stated that it makes no difference if they dedicate public park land or if they pay cash in lieu of it. He thought there were some possibilities with a park site, but if the Planning Commission would prefer they not dedicate a park, that would be alright too. It is proposed one well will service the development. He would like to have it set up in such a way that it could be stubbed into the City sewer and water system at a later date. The total park and open space area was approximately 30 acres. Comm. Spurrier stated that there was no plan for a park in this part of the community. He feels that the proposed park land was not acceptable as public parkland because of its inaccessibility to the public. Chairman Kahleck closed the public hearing at 9: 10 p.m. Motion: Zak/Christiansen moved to recommend to the City Council the approval of the preliminary planned unit development for Beckrich Park Estates, subject to the conditions as follows: Discussion ensued on the conditions as recommended by the staff. Park dedication requirements must be approved with the preliminary plat. Comm. Spurrier amended the condition No. 5 requiring cash in lieu of park land dedication. Condition No. 4 was deleted. Motion carried unanimously. C kr.' 1?? ENT MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Asst. City Adm\Community Services Dir. RE: Season Pass to Pool DATE: February 7 , 1992 INTRODUCTION: Last fall, an accident occurred at the pool which resulted in an injury to one of the pool users. As a good faith gesture, staff would like to recommend that a free 1992 Family Season Pass be issued to the person involved. BACKGROUND: On August 18, 1991, Mr. Ron Gordan and his son were riding together down the water slide at the municipal pool when a large piece of fiber glass dislodged from the base of the slide. Mr. Gordan and his son were injured as a result and required emergency care at St. Francis Hospital. Since the accident, Mr. Gordan and his son have fully recovered. In light of this very unusual accident, staff believes that it would be appropriate to provide Mr. Gordan and his family with a free family season pass to the pool in 1992 . Mr. Gordan has not filed a claim against the City as a result of this incident. City staff does not have the authority to waive a fee without Council approval. Therefore, staff would like to recommend that City Council take action authorizing the appropriate City officials to issue a 1992 family swimming pool pass to Mr. Ron Gordan and waive the fee. ALTERNATIVES: 1. Authorize the appropriate City officials to issue a family season pass to Mr. Ron Gordan and waive the fee. 2 . Do not issue a family season pass to Mr. Ron Gordan. STAFF RECOMMENDATION: Staff recommends alternative no. 1. ACTION REQUESTED: Authorize the appropriate City officials to issue a family season pass to Mr. Ron Gordan and waive the fee. t //b MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk RE: Set-Up Licenses DATE: February 12 , 1992 INTRODUCTION: The Shakopee Ballroom and Banquet Center and the Fraternal Order of Eagles are making application for a consumption and display license (set-up license) . BACKGROUND: Both the Shakopee Ballroom and Banquet Center and the Fraternal Order of Eagles are applying for renewal of their set-up licenses. They need to submit their licenses to the Liquor Control Commission 30 days prior to the expiration of their current license on March 31, 1992 . They have received applications and will be submitting them very shortly. Since the City Council will not be meeting until March 10th, Council is asked to approve the applications at their February 18th meeting. The applications are very simple and short. No liquor liability insurance is required for a set-up license. Staff recommends that Council approve the applications at their meeting on February 18th. These applications are coming before City Council at this time because the State Legislature has changed the licensing year for set-ups. Previously set-up licenses expired on June 30th, the same as liquor and beer licenses. Beginning in 1992 they are expiring on March 31st. All City of Shakopee licenses are from July 1st - June 30th. Staff will be researching whether or not changes need to be made to the Shakopee City Code to be consistent with State Legislation. RECOMMENDED ACTION: Approve the applications and grant a Consumption and Display (set- room and anquet Center, up) License and the Fraternall Order of 2400 Fourth Avenue, Eagles, 220 West Second Avenue. ll0 The latest printout for budget status is the December 31, 1991 issue. At this point there are some divisions that may go over their budget for the year, notably the Fire division which shows expenditures at 98 . 2%. There is approximately one months worth of non-payroll activity to go (December bills paid in January) and the recording of the increase or decrease in the liability for employee vacation and sick leave time. There are three divisions that are showing having exceeded the division total budget. Administration is showing 102 .7% expended, primarily due to the Management Analyst, Engineering at 103 . 0% primarily due to allocation of staff time (charging Engineering vs . Public Works) and Recreation at 103 . 4% primarily due to temporary wages where the budget is $18 , 500 and expenditures are $30, 349 . General Fund total is at 90. 8% for 1991 at this point. 1992 is early in the year and there are no anticipated budget problems at this point. * 0 0 0 * 0 * 000000 * 0 * 0 * 0 r * A A A * A * AAAAAA * A * A * it. 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W W 0 H-' -4 -4 -4 -4 -4 -4 -4 -4 -4 -4 -4 -4 A-- 1--, H Hj H H-, H H-' H I-, H H H N N N N H-' H-' N H-' H-' H-' N H-' 1--' N H-' O \Q CO -4 - ^l V1 V7 4- W Z 0 3U2 c+ 'i Cn z .' 5 3 ,O 0. 0 0• CO O nni O C) MP E W to " O C A3 3 c+ . cD `O GO CD (D Cn c O C p 'i <D CD (D (D (D C•) X -4 1-, H,O H \O \A 0 N aW H-' H-' N N OD O\ OO O c+N \0 'O \O C\ HO\ w -4 N 0 -4 'O w 0 W O Oma\ co O F~-' O \O 0 1D 0 J7 ) TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Abatement of Delinquent Special Assessment DATE: February 13, 1992 Introduction The County Auditors Office is requesting that the City authorize the abatement of a delinquent special assessment. Background In 1987, a deed came through the county offices for filing. The parcel being transferred had just been combined with another parcel. When the delinquents were checked by county staff before recording the deed, the pay 1986 delinquents for the secondary parcel were missed. The parcel is number 27- 056004-0 located in Eaglewood 2nd addition. The amount involved is $300.74. The new owner has gotten a clear deed and can not be held responsible for the 1986 delinquents. In order to clear the delinquents off the record, City authorization is necessary. The abatement should not have an impact on the ability of the debt service fund to make the required bond payments. In the event that Council does not approve abatement of this assessment, the County Board will have to deal with the issue possibly by making payment to the City and "eating" the amount involved. Alternatives 1. Approve abatement. 2. Do not approve abatement. Recommendation Alternative number 1. In view of the cooperative working arrangements between the Finance Department and the County Auditor's Office, the relatively small amount involved and the funding status of the debt service fund, alternative number one seems reasonable. Action Move to approve of the abatement of pay 1986 special assessments - code 61 in the amount of $300.74 for parcel 27-056004-0. //IL MEMO TO: Dennis R. Kraft, City Administrator FROM: Lindberg S. Ekola, City Planner RE: Proposed Resolution No. 3549 Waiving Subdivision Regulations for Link-Houser Property DATE: February 14, 1992 INTRODUCTION: At the February 4, 1992 meeting, the City Council passed a motion directing the City Attorney to draft a resolution which would waive the provision of prohibiting against issuing a building permit for a building located on a parcel of land in violation with the Subdivision Regulations. Attached to this memo is the draft resolution. BACKGROUND: Staff sent a letter to the executor of the Cecil Behringer estate explaining the waiver to be considered at the February 18th City Council meeting (Attachment 1) . Staff received a response from the executor, Mr. Robert Behringer (Attachment 2) . Attachment 3 represents the current half section map of the subject properties. DISCUSSION: Based on the current County records the west 145 feet of Lot 1 Block 1 Behringers Addition is still held by the Cecil Behringer estate. There are no mortgages recorded with the County against the west portion of the property. At stated in Attachment 2, Mr. Robert Behringer would object to the waiver allowing the issuance of a building permit on the east 466 feet of Lot 1 Block 1 Behringers Addition. He has stated his intent to contact Mr. Krass and the estate's attorney to discuss a possible resolution. He anticipates that the sale of land to join the two parcels into one could occur within a relatively short timeframe. ALTERNATIVES: i. Table a decision on the resolution to allow proper time for negoitations between the two parties. 2 . Approve the resolution waiving the prohibition against issuing a building permit. RECOMMENDATION: Staff recommends alternative No. 1 ACTION REQUESTED: Offer and pass a motion to table a decision on Resolution No. 3549 . LE/jms RESOLUTION NO. 3549 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, WAIVING THE PROHIBITION AGAINST ISSUING A BUILDING PERMIT IN THE SUBDIVISION REGULATIONS, AS PROVIDED IN CITY CODE SEC. 12. 16, SUBD. 4 . WHEREAS, City Code Sec. 12 . 16, Subd. 4, provides as follows: "No building permit shall be issued for the construction or repair of any building or structure located on a lot or plat subdivided or sold in violation of the regulations of this Chapter unless waived by resolution of the Council" ; and WHEREAS, the City Council has been asked to waive this requirement in the following fact situation: Certain land was mortgaged, and later platted along lines which did not conform to the legal description in the mortgage. The mortgage was not conformed to match the platted description. After a period of years, the mortgage was foreclosed, and the land acquired by a bona fide purchaser. The foreclosure created two parcels within one platted lot, one of which has frontage, and one of which is landlocked. The owner of the landlocked parcel has passed away, the taxes are in arrears, and the representative of the estate is out-of-state and has not responded to letters, thus rendering it impossible for the owners of the parcel with frontage to purchase the landlocked parcel. There are no impediments to issuing a building permit on the parcel with frontage, other than the recognition of the division of land creating a landlocked parcel. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the prohibition against issuing a building permit in the Subdivision Regulations is waived as provided in City Code Sec. 12 . 16, Subd. 4 . Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1992 . Mayor of the City of Shakopee Attest: City Clerk Approved as to form: City Attorney [6MEMO] Pv r A C H Marr- I CITY OF SHAKOPEE INCORPORATED 1870 129 EAST FIRST AVENUE, SHAKOPEE, MINNESOTA 55379-1376 (612)445-3650 A Mr. Robert M. Behringer February 7 , 1992 1936 Carmel Drive Plano, Texas 75075 RE: Cecil Behringer Estate Property Owned in Shakopee, Minnesota The West 145. 54 feet of Lot 1, Block 1, Behringer Addition, Scott County, Minnesota Dear Mr. Behringer: On February 18, 1992, the Shakopee City Council will be considering a request to waive certain provisions of the City Code to allow the recognition of the east 466. 29 feet of Lot 1, Block 1, Behringer Addition as a buildable lot. From our records, it is our understanding that you serve as executor for the Cecil Behringer Estate which holds title to the remaining portion of this lot. The decision to be made on February 18th by the City Council may impact the future development potential of the property held in the Cecil Behringer estate. A brief history of this property reveals that Mr. Behringer applied for a mortgage in 1980 for the east 466. 29 feet. In 1987 Mr. and Mrs. Behringer subdivided the property they owned west of County Road 83 , northeast of the Canterbury Downs Racetrack. Their divorce separated the property into two lots, Lot 1 and 2 , Block 1, Behringer Addition. Following the division of property, the bank foreclosed on Mr. Behringer's portion of Lot 1. As a result a landlocked parcel was created. This landlocked parcel (the west 145.54 feet of Lot 1) is not recognized currently by the City of Shakopee as a buildable lot. Only Lot 1 and Lot 2 of Block 1, Behringer Addition are recognized by the City of Shakopee. By now you may have received correspondence from Mr. Phillip R. Krass, attorney representing the current owners of the east 469 feet of Lot 1. The owners would like to see the property they own develop. On February 18th, the City Council will consider a resolution waiving the requirements of the Subdivision Regulations in reference to a buildable lot. The Heart Of Progress Valley AN EQUAL OPPORTUNITY EMPLOYER Letter: Mr. Robert M. Behringer Page 2 I would like to encourage you to contact City staff in regards to this property, prior to the February 18th City Council meeting. My telephone number is (612) 445-3650. Thank you. Sincerely, ,4d417,_ Lindberg S. Ekola i City Planner A-m-Aso4MaZ FEB 13 '92 13:39 EQUITABLE REAL EST. P.1 "yy January 13,1992 Mr.Lindberg Ekola VIA FAX 612-445-6718 Shakopee City Planner Shakopee, Minnesota Re: Shakopee land owned by the Estate of Cecil R. Behringer and the issuance of a building permit on an adjacent parcel. Dear Mr. Ekola, As we discussed today, as Executor for the Estate of Cecil R. Behringer, at this time object to the issuance of a building permit on any adjacent land to any parcel potentially owned by the Estate of Cecil R. Behringer. As executor, I was not made aware previously, that any land still owned by the Estate was landlocked. I will contact Leroy Mouser's attorney as well as the Estate's to see if we can come to some resolution as to the disposition of any remaining parcels owned by the Estate. Sincerely, / //4 dobe(M. Behringer Executor for the Estate of Cecil R.Behringer 1936 Carmel Drive Plano,Texas 75075 (214)424-8701 • cc: Mr.Terry Miller Fuibright & Jaworski N JOSEPH KOSKOVICH -J 178226 A-1-4--AdinAkvt+ 3 jFkACT u k-,. r 0 4 a • KOSKOVICH VALLEY PARK 1ST ADD'N LOT I 10 1y$' 466.69 L. 0 +Sc tt1viijev' S1 I cr F.,v.sf AG(Ci fltrvirnw hd I Z 46669 -- z VALE • �, 12 0 0 cc I C . BEHHINGER 170992 t-- 13 0 0 It MEMORANDUM TO: Mayor and Members of the City Council FROM: Karen Marty, City Attorney DATE: February 18, 1992 RE: Personnel Handbook Attached is a DRAFT Personnel Handbook. The City department heads are continuing to review this, and I hope to receive comments from the previous personnel coordinator. This is being provided to you at this time so that you may, if you wish, review it in some detail prior to next meeting when it will be presented for adoption by Resolution. If you have any comments or questions, please let me know at any time. Signed ' /r' 40 / 'aren Marty, Ci y Attorney KEM:bj m [PERSPLCY] Attachment CZPt-C'E PERSONNEL HANDBOOK FOR EMPLOYEES OF THE CITY OF SHAKOPEE Adopted By: Shakopee City Council Resolution No. , 1992 TABLE OF CONTENTS INDEX PAGE NO. I. PURPOSE 1 A. Goal 1 B. Employees at Will 1 C. Equal Employment Policy 1 D. Conflicts 1 II. DEFINITIONS 2 A. Employee 2 B. Exempt Employee 2 C. Full-Time Employee 2 D. New Employee 2 E. Non-Exempt Employee 2 F. Part-Time Employee 2 G. Position 2 H. Regular Employee 3 I. Temporary Employee 3 III. COMPENSATION 4 A. Amount 4 B. Base Pay 4 C. Comparable Worth 4 D. Paydays 4 E. Evaluation 4 F. Compensatory Time and Overtime 4 1. Non-Exempt Employees 4 2. Temporary and Part-Time Employees 5 3. Exempt Employees 5 4. Verification 5 G. Pay Periods 5 H. Deferred Compensation 5 I. Retirement Benefits 5 IV. BENEFITS 6 A. General 6 B. Group Health Insurance 6 C. Continuing Education 6 1. Conferences and Seminars 6 (a) General 6 (b) Meals 7 (c) Travel and Lodging 7 (d) Excluded Expenditures 7 (e) Time Off 7 2. Employee Tuition Policy 7 (a) Pre-Approval 7 (b) Satisfactory Completion 8 (c) Time Off 8 D. Licenses and Membership Fees 8 i INDEX PAGE NO. V. HOLIDAYS AND LEAVES 9 A. General 9 B. Holidays 9 C. Floating Holiday 9 D. Vacation Leave 9 1. Amount 9 2 . Accumulation 10 3 . When Taken 10 4 . Exempt Employees 10 E. Sick Leave and Funeral Leave 10 1. Accrual 10 2 . Use of Sick Leave 10 3 . Proof 10 F. Bereavement Leave 11 G. Bone Marrow Donor Leave 11 H. Parenting Leaves 11 1. Birth or Adoptive Leave 11 2 . School Conference and Activities Leave. . 11 I. Voting Leave 12 J. Jury or Witness Duty 12 K. Military Leave 12 L. Leaves Without Pay 12 1. Short Leave - Up to 40 Hours 12 2 . Long Leave - More than 40 Hours 12 3 . Return to Work 13 M. Absence Without Leave 13 VI . EMPLOYEE CONDUCT 14 A. Appropriate Conduct 14 1. Teamwork 14 2 . Courtesy 14 3 . Appropriate Conduct 14 4 . Affirmative Action 14 5. Sexual Harassment Policy 14 (a) Policy 14 (b) Definition 15 (c) Supervisory and Administrative Responsibility 15 (d) Employee Responsibility 15 (e) Complaints 15 (f) Investigation and Resolution 15 6 . Smoking Policy 16 (a) Police Department 16 (b) Public Works Department 16 (c) Fire Department 16 (d) City Vehicles 16 7. Drug and Alcohol Policy 16 (a) In General 16 (b) Reporting 16 ii INDEX PAGE NO. (c) Subject to Testing 17 (1) Routine Physical Examination Testing 17 (2) Random Testing 17 (3) Reasonable Suspicion Testing. . 17 (4) Treatment Program Testing . . . 17 (d) Testing Procedure 18 (e) Testing Laboratory 18 (f) Test Results 18 (g) Discipline 19 8 . Claims Against the City 19 B. Work Hours and Rest Periods 20 1. Work Hours 20 2 . Rest Periods 20 C. Emergency Closing of City Facilities 20 D. Use of City Property 20 1. City Property 20 2 . City Phones 20 3 . City Vehicles 20 4 . City Name 21 5. Employee Identification Cards 21 E. Personal Activities 21 1. Use of Personal Vehicle 21 2 . Outside Employment 21 3 . Soliciting 22 4 . Political Activities 22 F. Conflicts of Interest 22 1. General 22 2 . Participation in Federal Projects 22 G. Protected Information 22 1. Disclosure of Information by Employees. . 22 2 . Release of Protected Information 23 3 . Personnel Files 23 H. Safety 23 1. In General 23 2 . Hazardous Substances 23 3 . Accidents 24 VII. GRIEVANCES AND DISCIPLINE 25 A. Grievance Policy 25 B. Disciplinary Policy 25 1. In General 25 2 . Suspension 25 3 . Dismissal 26 VIII. APPOINTMENTS 27 A. General 27 B. Affirmative Action Policy 27 C. Promotion 27 D. Applications 27 iii INDEX PAGE NO. E. Selection and Hiring 27 F. Pre-employment Physical With Drug and Alcohol Testing 28 G. New Employees 28 1. New Employee Review Period 28 2 . Termination 28 H. Temporary Employees 28 I. Relatives 29 IX. TERMINATION 30 A. Duration of Employment 30 B. Severance Pay 30 C. Resignation 30 1. Procedure 30 2 . Unauthorized Absence 30 D. Retirement 30 E. Lay-offs 30 F. Discharge After Discipline 30 iv PERSONNEL INFORMATION FOR EMPLOYEES OF THE CITY OF SHAKOPEE I. PURPOSE. This Handbook is established to provide a uniform and equitable system of personnel administration for employees of the City. The provisions of this personnel handbook do not establish terms and shall not be construed as contractual provisions. This handbook may be amended at any time in the sole discretion of the City. A. Goal. The goal of the personnel policies of the City is to establish a career service and draw into this service the best qualified individuals, making their employment attractive through fair and equitable treatment, thereby providing Shakopee with the best possible service at the most reasonable cost. B. Employees at Will. Shakopee employees are employees at will. Any employee's employment and compensation can be terminated, with or without notice, at any time, at the option of either the City or the employee. No supervisor or City representative has any authority to enter into any agreement for employment for any specific period of time, or to make any agreement contrary to the foregoing. Nothing in this Personnel Handbook, or in other City policies which may be communicated to the employee, constitutes a contract of employment. C. Equal Employment Policy. The City of Shakopee is an equal opportunity employer. The City of Shakopee will not discriminate against or harass any employee or applicant for employment because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, or age, unless such discrimination is based on a bona fide occupational qualification. D. Conflicts. In the event of conflict between this handbook and any collective bargaining agreement, personal services contract, civil service commission rule, City ordinance, or state or federal law, the terms and conditions of that contract, rule, or law shall prevail. 1 II. DEFINITIONS. For purposes of this Handbook, the following terms shall have the following definitions when used herein. A. Employee - Means any individual who works for the City except the following: 1. Elected officials, 2 . Members of City boards, commissions and committees, 3. Independent contractors, and 4. Others not regularly employed in permanent positions, such as temporary employees under contract and volunteers. B. Exempt Employee - Means an employee exempt from regulation by the Federal Fair Labor Standards Act, including the following: 1. City Administrator 2 . Assistant City Administrator 3. City Attorney 4. Finance Director 5. Director of Public Safety 6. Deputy Director of Public Safety 7 . Director of Public Works 8. City Planner 9. Assistant City Planner 10. City Clerk 11. Recreation Supervisor 12 . MIS Coordinator C. Full-Time Employee - Means an employee normally scheduled to fill a position with an on-going regular work week of at least forty (40) hours. D. New Employee - Means a regular employee who has been with the City for six months or less. E. Non-Exempt Employee - Means an employee subject to regulation under the Federal Fair Labor Standards Act. F. Part-Time Employee - Means an employee scheduled to fill a position with a regular work week of less than forty (40) hours. G. Position - Means a specific job, calling for the performance of certain duties and having certain responsibilities. 2 H. Regular Employee - Means an employee who is not a temporary employee. I. Temporary Employee - Means an employee who is appointed for seasonal work or for a special project, generally for a period of time not to exceed one year. 3 III. COMPENSATION. A. Amount. Employees of the City shall be compensated according to the schedule established by the City Council. The wages or salary so established is the total remuneration for employment; however, reimbursement for official travel or other expenses may be allowed for the conduct of official business, upon submission of a receipt. B. Base Pay. The pay schedule established by the City Council establishes the base pay for each position. Compensation for overtime, benefits, longevity, shift differentials, and other items are in addition to the base pay. C. Comparable Worth. Employee compensation shall be based, to the extent practicable, on the value of work measured by the skill, effort, responsibility, and working conditions normally required in the performance of the work. D. Paydays. Employees shall be paid bi-weekly on alternate Thursdays. When a payday falls on a holiday, employees shall receive their pay the preceding work day. E. Evaluation. City employees should be evaluated at least annually for the purpose of communicating strengths and weaknesses to the employee, as they relate to fulfilling the position duties and responsibilities. F. Compensatory Time and Overtime. 1. Non-Exempt Employees. Non-exempt employees shall be compensated for work their supervisor requires them to undertake in excess of 40 hours per week. The compensation shall be in cash or compensatory time at one and one-half times their regular rate of pay. Although the employee generally may choose whether to receive the cash or compensatory time, the City Administrator may override the employee' s choice. An employee's department head may require the employee to take compensatory time off within a specified time frame. A maximum of 40 hours of compensatory time off may be accumulated, and any additional overtime shall be paid in cash. The City Administrator may authorize accumulating overtime beyond the 40-hour maximum, but may require that the employee take time off within a 4 limited time period to reduce the balance of compensatory time off to the 40-hour maximum. 2. Temporary and Part-Time Employees. Temporary and part-time employees shall not be allowed to take compensatory time off; rather, overtime shall be paid for work performed in excess of 40 hours per week as required by the Federal Fair Labor Standards Act. 3. Exempt Employees. Exempt employees shall not be granted overtime compensation. However, exempt employees also shall not be denied compensation for any absence of less than one day, since the employee is presumed to work 40 hours per week, some during the regular work day, and some outside those hours. 4. Verification. The official compensatory time records will be kept by the Finance Department. Any discrepancy between the employee' s records and the payroll check stub should be brought to the attention of the Senior Accounting Clerk within one week from the receipt of the pay check. G. Pay Periods. The pay period for all employees shall be a fourteen (14) day period beginning on Monday at 12 : 01 a.m. and continuing to the second following Sunday at 12 : 00 a.m. (midnight) . H. Deferred Compensation. Under the City' s deferred compensation plan, a certain dollar amount can be withheld from any employee' s paycheck and invested for payment at a later date, usually at retirement. Contributions to the program are financed solely by the employee, either through direct deposit or payroll deduction. I. Retirement Benefits. Under state law, many City employees must participate in the Public Employee' s Retirement Association. Retirement benefits accrue from both employee and employer contributions. Contributions to the retirement system are mandatory and are deducted from the employee' s salary each payroll period. Firefighters receive retirement benefits through the Shakopee Fire Department Relief Association. 5 IV. BENEFITS. A. General. All regular employees shall receive certain benefits, as set forth below. These benefits shall accrue as described, except that employees suspended without pay for more than one pay period, or on a long leave of absence without pay, shall not accrue any benefits and shall not be allowed to use any benefits other than group health insurance. Part-time employees who do not regularly work more than 24 hours per week and temporary employees are not eligible for City benefits other than the continuing education benefit. B. Group Health Insurance. Hospitalization, major medical, life and long term disability insurance coverage shall be provided to all qualified regular employees after thirty (30) days of continuous service. The City shall make a specified contribution per month toward the total cost of the coverage, regardless of whether the employee selects individual or family coverage, and the difference between the cost and the City's contribution shall be deducted from the employee' s paycheck. Part-time employees who regularly work more than 20 hours per week shall receive pro rata group health insurance benefits. Suspended employees shall receive group health insurance benefits as if they were not suspended. Employees on a long leave of absence without pay, shall not receive group health insurance benefits unless the employee pays the full cost of the insurance. Employee or dependents may elect to continue medical coverage beyond the date that it would otherwise terminate, under certain circumstances as provided by federal law, such as upon termination of employment, change to nonparticipating employment status, divorce or legal separation, or a dependent child becomes ineligible. C. Continuing Education. 1. Conferences and Seminars. (a) General. An employee may be reimbursed for conferences and seminars which the employee' s department head determines will contribute to the better performance of the employee' s job and the City' s business. To qualify for reimbursement, the employee must secure the prior approval of the department head, who should verify that the expenditure is budgeted. 6 (b) Meals. Meal expenses will be reimbursed up submission of receipts at the rate of up to $35 per day for conferences and other City business, unless a higher rate is approved by the City Administrator. The City Administrator may waive the requirement of a receipt. (c) Travel and Lodging. Travel and parking expenses shall be paid or reimbursed by the City. The City will pay for coach airfare when it is estimated that flying is cheaper than driving. This comparison shall include the employee's travel time. The City will pay the single room rate for overnight stays at conferences. If there is not a designated hotel for the conference, the employee should use reasonable judgment in selecting lodging based on cost, location and quality. (d) Excluded Expenditures. The City will not pay for alcoholic beverages, entertainment, personal telephone calls (other than one of no more than five minutes to home per day for overnight stays) , and other personal items not specifically designed to benefit the City. (e) Time Off. Employees will be allowed to take time off for a conference or seminar without loss of leave time or pay, if said time off does not disrupt or interfere with normal departmental operations and if the employee has secured the prior approval of his or her department head. 2. Employee Tuition Policy. The City may reimburse a regular employee for tuition expenses under certain circumstances. There shall no reimbursement for mileage/parking expense, books, lab fees, or material costs. (a) Pre-Approval. Prior to starting a class or classes, the employee must obtain approval from his or her department head that the class, certificate, degree or overall achievement is job related and that the request is worthy and would fill a need within the department. The department head should verify that the department budget can cover this expense. 7 (b) Satisfactory Completion. The employee shall provide his or her department head with proof of satisfactory completion (i.e. , a grade of B or above) of any course requested for reim- bursement, prior to reimbursement. (c) Time Off. If classes are during the regular work day, a non-exempt employee must take that time as compensatory time, vacation time, leave of absence without pay, or the employee can seek a flexible scheduling arrangement approved by the department head. Classes or course work taken by the employee must not disrupt or interfere with the normal departmental operations. D. Membership Fees. Upon approval of the department head, the City will pay for membership in professional organizations where membership is required by law or is deemed beneficial to the City. 8 V. HOLIDAYS AND LEAVES. A. General. All regular employees may take certain holidays and leaves, as set forth below. Employees suspended without pay for more than one pay period, or on unpaid leave of absence, shall not accrue or be allowed to use any leave benefits other than group health insurance. Except as otherwise provided below, temporary employees and part-time employees who do not regularly work more than 20 hours per week do not accrue and will not be paid for holidays and leaves. Other part-time employees shall receive holiday pay on a pro rata basis, based on their hours regularly worked per week divided by 40. B. Holidays. Regular employees who regularly work more than 20 hours per week are entitled to time off with pay on holidays. City Hall shall be closed for business on each such holiday, but employees may be required by their department heads to work on holidays when the nature of their duties or other conditions require. An employee required to work on a holiday shall be paid or receive compensatory time at the rate of one and one-half times the employee' s base pay, plus the employee' s regular rate of pay for the holiday. When a holiday falls on a Saturday, the preceding Friday is a holiday. When a holiday falls on a Sunday, the following Monday is a holiday. If a holiday occurs during an employee' s scheduled vacation, it shall not be counted as part of said vacation. The following days are paid holidays: HOLIDAY CELEBRATED DATE New Year' s Day January 1 Martin Luther King Day Third Monday in January Washington' s and Lincoln's Birthday Third Monday in Feb. Memorial Day Last Monday in May Independence Day July 4 Labor Day First Monday in September Veterans Day November 11th Thanksgiving Day Fourth Thursday in Nov. Friday after Thanksgiving Friday after Thanksgiving Christmas Day December 25th C. Floating Holiday. In addition to the above holidays, each regular employee who regularly works more than 20 hours per week may take off one work day per year as a floating holiday. D. Vacation Leave. 1. Amount. All regular employees who regularly work more than 20 hours per week shall accrue vacation 9 leave on a bi-weekly basis. For full-time employees it shall accrue in accordance with the following schedule: 0-5 years employment 80 hours annually 6-15 years employment 120 hours annually 16-20 years employment 160 hours annually 21+ years employment 200 hours annually For part-time regular employees it shall computed on the basis of (hours actually worked) divided by (40 hours per week) times the number of hours specified above. 2 . Accumulation. No more than 240 hours of vacation leave may be accumulated, except in extraordinary circumstances approved by the City Administrator. 3 . When Taken. Vacation leave may be used no sooner than the next pay period after earned, subject to approval by the department head. 4. Exempt Employees. Forty (40) extra hours of leave per year shall accrue on a bi-weekly basis for exempt employees. E. Sick Leave. 1. Accrual. All regular employees who regularly work more than 20 hours per week shall be entitled to sick leave with pay at the rate of eight (8) hours for each one hundred seventy-three (173) hours of service. Sick leave may be accumulated to a maximum of 960 hours. 2 . Use of Sick Leave. Sick leave may be granted to employees not on any other leave when the employee is unable to perform work duties due to illness, disability, the necessity for medical, dental, or chiropractic care, childbirth or pregnancy disability, or exposure to contagious disease where such exposure may endanger the health of others with whom the employee would come in contact in the course of performing work duties. Employees also may use sick leave for the illnesses of their children for such reasonable periods as the employee' s attendance with the child may be necessary. Sick leave also may be granted for a maximum of three days per occurrence for the critical illness of the employee' s spouse, parent, sibling, father-in-law, mother-in-law, son-in-law, 10 daughter-in-law, grandparent, grandchild, or any relative residing permanently with and dependent upon the employee. 3. Proof. To be eligible for sick leave with pay, an employee shall: (a) report as soon as possible (and in any event within four hours of the start of the employee' s workday) to their department head the reason for the absence; and (b) keep the department head informed of their condition, and submit a medical certificate or other evidence from a physician for any absence if required by the City Administrator. F. Bereavement Leave. Three days per occurrence may be granted for the death of the employee' s spouse, child, parent, sibling, father-in-law, mother-in-law, son-in- law, daughter-in-law, grandparent, grandchild, or any relative residing permanently with and dependent upon the employee. G. Bone Marrow Donor Leave. As prescribed by Minn. Stat. Sec. 181. 945, an employee who works an average of 20 or more hours per week may take paid leave, not to exceed 40 hours, and subject to verification, to undergo medical procedures to donate bone marrow. H. Parenting Leaves. 1. Birth or Adoptive Leave. As prescribed by Minn. Stat. Sec. 181. 940 - 181.944 , an employee who works 20 or more hours per week and has been employed more than one year is entitled to take an unpaid leave of absence in connection with the birth or adoption of a child. The leave may not exceed six weeks, and shall begin not more than six weeks after the birth or adoption of the child. The employee is entitled to return to work at the same position and at the same rate of pay the employee was receiving prior to commencement of the leave. Group insurance coverage will remain in effect during the leave, provided the employee must make the employee contribution. 2 . School Conference and Activities Leave. An employee will be granted unpaid leave upon request 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 non-work hours. When the leave cannot be scheduled during non-work hours and the 11 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. I. Voting Leave. An employee who is eligible to vote at a state or general election or to fill a vacancy for U.S. Senator or U.S. Representative, and who is scheduled to work the morning of election day, has the right to be absent from work to vote during that morning, with pay. No employee may be absent from work for more than one hour to vote without prior approval of his or her department head. Any employee shall notify his or her department head prior to being absent. J. Jury or Witness Duty. When an employee performs jury duty or is subpoenaed as a witness in court or voluntarily serves as a witness in a case in which the City is a party, the employee is entitled to compensation from the City equal to the difference between the employee' s regular pay and the amount received as a juror or witness. An employee who receives notice of jury duty or witness service shall notify his or her supervisor immediately in order that arrangements may be made to cover the employee' s position. R. Military Leave. Every employee to whom Minnesota Statutes Section 192 . 26 or 192 . 261, or U. S.C. Title 38 , Sec. 2021 applies is entitled to the benefits those sections list, subject to the conditions in the law. An employee promoted or hired to fill a vacancy created by a person being on military leave is appointed to the position subject to the return of the absent employee. Upon such return, a promoted employee will be restored to his or her original position or an equivalent position. A replacement employee is subject to layoff if no other position is available. L. Leaves Without Pay. 1. Short Leave - Up to 40 Hours. The City Administrator may grant any regular employee a leave of absence without pay for up to 40 hours per calendar year. While on this leave, the employee shall be treated in all respects as if he or she were working, including receiving benefits, except the employee shall forgo his or her salary. The employee may request time off in one-hour increments, with the approval of his or her department head. 12 2. Long Leave - More Than 40 Hours. The City Administrator may grant any regular employee a leave of absence without pay for a period not exceeding 90 days for career advancement, or for personal or family situations. Under no circumstances may an employee use a leave of absence to work for another employer or to pursue self-employment. The City Council may extend such leave to a maximum period of one year in case the employee is disabled or where it finds extraordinary circumstances to warrant such extension. No benefits or leaves shall accrue while the employee is on a long leave of absence without pay. A employee on an approved long leave of absence may continue his or her group health insurance coverage by paying the full cost to the City in advance for each month or portion thereof of which the employee is absent. 3. Return to Work. An employee on a leave of absence must keep the City informed of the address and telephone number where he or she can be contacted. If the City is unable to contact the employee within seven (7) calendar days, the City' s obligation to reinstate the employee shall cease. Should an employee not return to work at the specified ending date of the leave of absence, the employee shall be terminated. M. Absence Without Leave. An employee who is absent and fails to report the reason to the employee' s supervisor within four hours following the start of the employee' s workday shall be subject to discipline, including deduction of pay for the period of absence. 13 VI. EMPLOYEE CONDUCT. A. Appropriate Conduct. 1. Teamwork. Each employee is part of a team, working together to provide excellent service to the residents of Shakopee. Each employee is expected to strive to do their best to assist in this team effort, by doing his or her job economically and efficiently, with consideration toward the public. Employees are expected to work well with and assist others, in their and other departments, when requested and their work load permits, so that the work of the City gets done. 2 . Courtesy. City employees are friendly, and are expected to be courteous to each other and to the public. They are expected to give and take, look at the other person' s point of view, and apply common sense, honesty, and open-mindedness to whatever problems arise in day-to-day work. 3. Appropriate Conduct. Each employee shall dress and behave in a manner which is a credit to the City. No employee shall violate the law. No employee shall fail to obey the lawful orders of his or her supervisor or the City Administrator. No employee shall accept personal gifts; any gifts must be shared with the public and all other employees. Meals may be accepted, provided that they are working meetings and the purchase is not an attempt to cull favor. No employee shall willfully make a false statement or falsify any City document. 4. Affirmative Action. Any employee of the City who does not comply with the Equal Employment Opportunity laws and regulations will be subject to disciplinary action. 5. Sexual Harassment Policy. (a) Policy. Sexual harassment in any form against any employee or public patron of the City will not be tolerated. All employees are to enjoy a safe work environment free from unreasonable interference, intimidation, hostility, or offensive behavior on the part of supervisors, co-workers, or visitors. 14 (b) Definition. Sexual harassment includes unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact or other verbal or physical conduct or communication of a sexual nature, as prohibited by Minn. Stat. Chapter 363 . (c) Supervisory and Administrative Responsibility. No supervisor shall engage in sexual harassment. If any discriminatory or unreasonable conduct is observed, the offending person or people must be asked to stop immediately and should be advised that discipline may follow and in fact will follow if they continue in this behavior. Serious incidents and any recurrence should be reported as described below. (d) Employee Responsibility. Employees shall conduct themselves in accordance with this policy and shall assist supervisors and department heads in maintaining a work environment free from sexual harassment. Any offensive conduct should be substantiated to the extent possible. The offending person or people should be told that the employee finds the conduct offensive. If the conduct is serious or recurs, it should be immediately reported to the department head or the City Administrator. (e) Complaints. Complaints of sexual harassment shall be dealt with fairly and evenhandedly. The dignity of all the parties involved shall be considered. Any employee who believes that he or she has been harassed, or has witnessed sexual harassment, should promptly report the facts of the incident or incidents and the names of the individuals involved to his or her department head, or to the City Administrator. Department heads shall immediately report any and all such complaints to the City Administrator and shall assist in investigating the complaint. If a department head is the alleged perpetrator, complaints should be made directly to the City Administrator or the City Attorney. (f) Investigation and Resolution. A thorough investigation of the complaint shall be completed by the City Administrator within 30 days. The investigation may include 15 interviews with all relevant individuals and will be conducted in such a manner as to preserve the confidentiality and rights of all parties concerned to the fullest extent possible. Upon review of the results of the investigation, the City Administrator may recommend: (1) Counseling with affected employees to insure understanding of what is prohibited, as well as the seriousness of the issue and the City' s commitment to deal with violations of this policy; (2) Discipline, including termination. 6. Smoking Policy. No smoking is permitted in any City building or vehicle except as follows: (a) Police Department. Smoking is permitted in private enclosed offices if allowed by the occupant. Smokeless ashtrays must be used at all times. (b) Public Works Department. Smoking is permitted in the employee lunch room at designated times only. (c) Fire Department. Smoking is permitted as specified in the Fire Department' s by-laws. (d) City Vehicles. Smoking is permitted unless an occupant of the vehicle objects. 7 . Drug and Alcohol Policy. (a) In General. The City intends to provide a drug-free, safe, and secure work environment. No employee may be under the influence of, use, manufacture, possess, sell, or transfer drugs or alcohol while the employee is working or on City property or operating a City vehicle, machinery, or equipment, except to the extent authorized by a valid medical prescription, or when engaged in authorized Police Department activities. This Policy shall be interpreted consistently with Minn. Stat. Sec. 181.950 et seq. and applicable federal law. (b) Reporting. Employees must report, to their department head, any conviction under a 16 criminal drug statute for violations occurring on or off work premises while conducting City business. A report of the conviction must be made within five days after the conviction as required by the federal drug-free workplace act of 1988 . (c) Subject to Testing. Employees are subject to drug and alcohol testing in the following circumstances: (1) Routine Physical Examination Testing. Any employee may be required to undergo drug and alcohol testing as part of a routine physical examination. The drug or alcohol test will be requested no more than once annually and the employee will be given at least two weeks ' written notice that the test shall be required as part of the examination. (2) Random Testing. An employee in a position in which an impairment caused by drug or alcohol usage would threaten the health or safety of any person may be required to undergo random drug and alcohol testing. (3) Reasonable Suspicion Testing. Any employee may be required to undergo drug and alcohol testing if there is a reasonable suspicion that the employee: (a) is under the influence of drugs or alcohol; or (b) has violated this drug and alcohol policy; or (c) has sustained a personal injury arising out of and in the course of employment, or caused another person to sustain a personal injury; or (d) has caused a work-related accident or was operating or helping to operate machinery, equipment, or vehicles involved in a work-related accident. (4) Treatment Program Testing. Any employee may be required to undergo drug and alcohol testing if the employee has been referred by the City for chemical dependency treatment or evaluation or is participating in a chemical dependency treatment program under the City group health insurance, in which case the employee may be requested or required to 17 undergo drug or alcohol testing without prior notice during the evaluation or treatment period and for a period of up to two years following completion of any prescribed chemical dependency treatment program. (d) Testing Procedure. The drug and alcohol testing may be ordered by any department head or the City Administrator. Before undergoing drug or alcohol testing, the employee shall complete a form (1) acknowledging that the employee has seen a copy of the City' s drug and alcohol policy, and (2) indicating any over-the-counter or prescription medications that the employee is currently taking or has recently taken and any other information relevant to the reliability of, or explanation for, a positive test result, and (3) indicating consent to undergo the drug and alcohol testing. (e) Testing Laboratory. All drug and alcohol testing shall be handled by a laboratory meeting all requirements of state law, specifically including those set forth in Minn. Stat. Sec. 181. 953 . (f) Test Results. Within three days of obtaining the final test results, the testing laboratory shall provide the City with a written report indicating the drug(s) , alcohol, or their metabolites tested for, the types of test conducted, and whether the test produced negative or positive test results. Within three working days after receipt of the test result report, the City shall inform the employee in writing of a negative test result on an initial screening test, or of a negative or positive test result on a confirmatory test. At this time the employee has a right to request and receive a copy of the test result report. If the report shows a positive test result on the confirmatory test, the employee has the right, within five working days after notice of the positive test result, to submit information to the City to explain that result, or to request a confirmatory retest of the original sample at the employee' s own expense. 18 The City shall follow the statutory procedures and provide the employee with proper notices. If the confirmatory retest does not confirm the original positive test result, no adverse personnel action based on the original confirmatory test shall be taken against the employee. (g) Discipline. An employee has the right to refuse to undergo drug and alcohol testing. However, failure to comply with the City' s drug and alcohol policy, and refusal to take a drug and alcohol test upon request shall subject an employee to discipline, including termination. An employee who has a positive test result on a confirmatory test, when this is the first such result for the employee, will be subject to discipline but shall not be terminated unless (1) the employee has been given an opportunity to participate in either a drug or alcohol counseling or rehabilitation program, whichever is more appropriate, as determined by the City after consultation with a certified chemical use counselor or a physician trained in the diagnosis and treatment of chemical dependency, and (2) the employee has either refused to participate in the counseling or rehabilitation program or has failed to successfully complete the program as evidenced by withdrawal from the program before its completion or a positive test result on a confirmatory test after completion of the program. Participation in the specified program will be at the employee's own expense or pursuant to coverage under the City group health insurance. All other employees obtaining a positive test result will be subject to discipline including termination. Appeals may be taken under the grievance policy. 8. Claims Against the City. No employee will discuss matters involving claims against the City. All questions pertaining to claims shall be referred to the City Attorney. All City employees must notify their supervisor in the case of incidents involving potential claims within 1 day. The supervisor must report, in writing, to the City Attorney within one week. B. Work Hours and Rest Periods. 19 1. Work Hours. The regular work week for employees is five eight-hour working days, from 8: 00 a.m. to 4: 30 p.m. , with a one-half hour lunch break, Monday through Friday, except as otherwise established by the department head in accordance with the custom and needs of the department. Every employee shall be ready to begin actual operations at his or her place of work at the specified starting time. 2 . Rest Periods. Each employee may take a 15-minute rest period in each half of the employee' s shift. Employees required to work additional shifts shall be entitled to additional 15-minute rest periods. Each department head may schedule rest periods so as not to interfere with work requirements. C. Emergency Closing of City Facilities. When the City Administrator or Mayor determines that circumstances exist which pose a threat to the safety of employees and public patrons, or which prohibit the normal use of the City' s facilities, that person may declare an emergency and direct the official closing of facilities. Notification shall be by City Hall intercom, telephone contact, and WCCO (AM radio) . Employees may record the time missed as vacation, accumulated compensatory time, or they may choose to take the time without pay. Those employees required to work by virtue of the nature of their position shall not receive extra compensation, but shall be compensated in accordance with existing union contracts or City pay plans. D. Use of City Property. 1. City Property. No employee shall negligently lose, damage, or waste City property. No employee shall use City property for anything other than City work without the prior explicit permission of his or her department head. 2 . City Phones. Phones are for City business. Any personal phone calls should be infrequent and brief. Personal long distance phone calls must be reported and paid for, and a $2 . 00 handling fee will be added to each call. 3. City Vehicles. City vehicles may be used for official business only, although they may be used for meals while the employee is otherwise driving about on City business. The Police Chief, the Fire 20 Chief, one other Fire Department official, and the Public Works Director may use a City vehicle for commuting as well as for official City business, so that they have a vehicle available for emergency responses. 4. City Name. No employee may use his or her job title or the City name to further personal or political goals. Job titles and reference to the City may be used only for official City business. Promises on behalf of the City may not be made without the prior approval of the employee' s department head. Contracts may not be entered into without the prior approval of the City Council. 5. Employee Identification Cards. All regular employees shall be provided with employee identification cards. Cards also may be issued to other employees who require City identification while working in remote job sites. Each employee is responsible for possession of their identification card and shall protect it from loss, theft or misuse. Unauthorized or inappropriate use of the employee identification card is prohibited. E. Personal Activities. 1. Use of Personal Vehicle. Any employee who uses his or her personal vehicle for City business must have insurance, and may be reimbursed for the use of the vehicle at the rate allowed by the IRS. 2 . Outside Employment. Employees must devote all work time to City business. No work relating to outside employment may be performed during work time. Employees may accept outside employment (other than working for the fire department) only if the employee notifies his or her department head, and the outside employment does not conflict with his or her working hours, efficiency, or the interests of the City. An employee who joins the fire department must report this to his or her department head. For pay purposes, time spent on fire call shall be deducted from the time spent on the regular job, and shall be reported and paid on the fire payroll. All benefits and leaves shall continue to accrue without regard to time spent on fire calls. 21 3. Soliciting. No employee shall actively solicit membership in or contributions to any organization or cause during regular work hours. 4. Political Activities. As provided in Minn. Stat. Sec. 211B. 09, an employee or official of the City may not use official authority or influence to compel a person to apply for membership in or become a member of a political organization, to pay or promise to pay a political contribution, or to take part in political activity. F. Conflicts of Interest. i. General. City employees must be exceedingly careful to avoid a conflict of interest and even the appearance of a conflict of interest. Therefore, a City employee, acting in his or her official capacity, may not transact official City business with a family member, nor with a business or person with whom that employee has a financial interest or involvement. Instead, the employee' s department head shall be requested to find an appropriate substitute. 2 . Participation in Federal Projects. The City may undertake projects under Federal contract or with Federal funds. City employees who exercise certain functions or responsibilities with respect to these Federal projects, during their tenure with the City and for a period of one year after terminating employment with the City, are prohibited from having any interest, direct or indirect, in any contract or subcontract or the proceeds thereof, for work performed under the Federal project. In addition, employees are prohibited from soliciting or accepting gratuities, favors, or anything of monetary value from potential contractors or contractors to be hired for Federal projects. Employees violating this provision shall be subject to disciplinary action. G. Protected Information. 1. Disclosure of Information by Employees. As provided in Minn. Stat. Sec. 181. 932 , the City shall not discharge, discipline, threaten, otherwise discriminate against, or penalize an employee regarding the employee' s compensation, terms, conditions, location, or privileges of employment because: (a) the employee, or a person acting on behalf of an employee, in good faith, 22 reports a violation or suspected violation of any federal or state law or rule adopted pursuant to law to an employer or to any governmental body or law enforcement official ; (b) the employee is requested by a public body or office to participate in an investigation, hearing, or inquiry; or (c) the employee refuses a supervisor' s order to perform an action that the employee has an objective basis in fact to believe violates any state or federal law or rule or regulation adopted pursuant to law, and the employee informs the supervisor that the order is being refused for that reason. Notwithstanding the above, the City reserves the right to take action against an employee who makes statements or disclosures knowing that they are false or that they are in reckless disregard of the truth. 2. Release of Protected Information. The release of private or protected information under Minn. Stat. Chapter 13 may be cause for discipline. 3. Personnel Files. Personnel files shall be maintained by the City Administrator or his or her designee. The files are not available to the public except as provided by law. The City Administrator, City Attorney, and any employee' s department head are authorized to view the file at any time. Upon written request by an employee to his or her department head, the City shall provide the employee with an opportunity to review the employee' s personnel record, as provided by Minn. Stat. Sec. 181. 960 et seq. Unauthorized viewing, removal, alteration, or destruction of all or any part of an employee' s personnel file is prohibited. H. Safety. 1. In General. Employees must take proper precautions to prevent accidents and work safely. Employees shall follow safe practices and all safety regulations concerning their job. Injuries should be immediately reported to the employee' s supervisor. Any employee who notices an unsafe condition is encouraged to immediately report it to his or her supervisor. 2 . Hazardous Substances. Any employee routinely exposed to hazardous substances or harmful physical agents as defined in Minn. Stat. Sec. 182 . 65 to 182 . 675 shall be trained before being assigned or reassigned work exposing the employee to such 23 substances or agents and shall be given training annually thereafter. Training shall include an explanation of how and where information about hazards is stored in the workplace, how the hazards are labeled, and where to obtain specific information. The City Administrator shall provide for such training and for compliance with the "Minnesota Employee Right to Know Act of 1983 , " including the establishment of specific policies to insure compliance with the state law and regulations. An employee acting in good faith has the right to refuse to work under conditions which the employee reasonably believes present an imminent danger of death of serious physical harm to the employee. 3. Accidents. An employee who has an accident while on City business or while operating a City vehicle, must take the following steps: (1) if the employee is qualified, assist any injured person. Otherwise, get assistance. (2) Call for an ambulance, if necessary. (3) Call the Police Department if the accident involves a vehicle. (4) Obtain the names of witnesses to the accident. (5) Report the accident to the employee' s supervisor and file any necessary reports. 24 VII. GRIEVANCES AND DISCIPLINE. A. Grievance Policy. It is the policy of the City insofar as possible to prevent the occurrence of grievances and to deal promptly with those which occur. When an employee grievance comes to the attention of a supervisory employee, the supervisor shall discuss the relevant circumstances with the employee, consider and examine the causes of the grievance, and attempt to resolve it. An employee will not be required by the City to participate in an investigatory interview where the information gained from such interview could lead to discipline of the employee, unless the employee has been given the right to have a union representative or third party of the employee' s choice present at the interview. This third party has no right to interfere with or participate in the interview, but rather is present merely to act as a witness. If the grievance is not dealt with satisfactorily at the interview, the grievance may be carried up to the next higher administrative level, including the City Council. If the grievance procedure relates to sexual harassment, the procedure set forth in the sexual harassment section shall control. B. Disciplinary Policy. 1. In General. City employees shall be subject to disciplinary action for failing to fulfill their duties and responsibilities. It is the policy of the City to administer disciplinary penalties without discrimination. The department head shall investigate any allegation on which disciplinary action might be based before any disciplinary action is taken. Discipline will be based on the nature and severity of the infraction and conditions surrounding the incident where possible. Progressive discipline should be considered, and may include oral reprimand, written reprimand, involuntary demotion, forced transfer to a comparable position under a different supervisor, withholding a salary increase, decreasing the employee' s salary, suspension, and dismissal. Since all employees are at will, progressive discipline is not required. 2 . Suspension. Subject to state law on veterans' preference, the City Administrator may suspend an employee with or without pay for disciplinary reasons. 25 3. Dismissal. Subject to state law on veterans' preference, and subject to Minn. Stat. Sec. 181. 931 to 181. 935, any employee may be dismissed from the City' s service by the City Council for any or no reason. 26 VIII. APPOINTMENTS. A. General. New employees shall be selected by the City Council on the basis of their qualifications for the position. Vacancies shall be filled by qualified employees through promotion whenever possible. Whenever a position is vacant or the position holder is absent, the City Administrator may designate an individual to temporarily fill a vacant position as "Acting" . B. Affirmative Action Policy. No person shall be employed, promoted, demoted, or discharged by the City or in any way favored or discriminated against because of political opinions or affiliations, race, color, creed, religion, national origin, sex, disability, marital status, or status with regard to public assistance, or because of the exercise of rights under Minn. Stat. Sec. 179A. 01 to 179A. 25. No person who is between 18 and 70 years of age shall be discriminated against with reference to City employment in any way forbidden by federal or state law. The City will seek to ensure that all employment practices are free of such discrimination. Such employment practices include, but are not limited to, the following: appointment, promotion, demotion, transfer, layoff, disciplinary action, termination, compensation, and selection for training, including apprenticeship. C. Promotion. Current City employees are encouraged to better themselves. Therefore, if the department head approves, a vacant position may be made promotional and available first to current employees. Any qualified City employee can apply for the position by submitting a completed application to the City Administrator or his or her designee, provided that performance appraisals for the past two years have been satisfactory. The department head may select such an employee, or may keep those applications under consideration and advertise publicly. D. Applications. All applicants for a position with the City of Shakopee are required to file an application on forms provided by the City. Any applicant giving false information or making false or misleading statements on the application shall not be considered for the position or will be subject to immediate dismissal. E. Selection and Hiring. Applications shall be reviewed by City staff, and by the Police Civil Service Commission for police officers. The department head will recommend to the City Administrator a candidate and a salary to be offered. The selected candidate shall be offered the 27 position subject to City Council approval and passing a pre-employment physical. As soon as practicable, the City Council shall approve or reject the selected candidate. F. Pre-employment Physical With Drug and Alcohol Testing. All selected candidates must take and pass a pre- employment physical, including drug or alcohol testing. In all respects the candidate shall be treated like an employee for purposes of the drug and alcohol testing, and shall be subject to the City' s Drug and Alcohol Policy, except as follows: (1) If a candidate refuses to undergo drug or alcohol testing, the candidate shall be deemed to have withdrawn his or her application for employment. (2) If the candidate undergoes the test and there is a positive test result in a confirmatory test and in any confirmatory retest, the City will withdraw the contingent offer of employment if the City determines in accord with the Minnesota Human Rights Act that alcohol or drug usage or abuse: (1) prevents the job applicant from performing the essential functions of the job in question; or (2) constitutes a direct threat to property or the safety of others; or (3) otherwise interferes with a bona fide occupational qualification. G. New Employees. 1. New Employee Review Period. All employees shall be required to successfully complete a six month review period when they are first hired, promoted, transferred, re-employed, or reinstated to a position. This intensive review period is designed to secure the most effective adjustment of the employee to a position, and to allow for rejection of any employee whose performance is not satisfactory to the supervisor. 2 . Termination. An employee who is terminated during the new employee review period may not receive payment for accrued vacation or sick leave upon termination. H. Temporary Employees. The City may hire temporary employees for seasonal work or for a special project. Like all employees, temporary employees may be terminated at will . Temporary employees are not eligible for sick leave, vacation leave, or compensatory time off. 28 The employment process for seasonal and temporary employees follows the same procedures as for regular employees except as follows: Previous employees, upon recommendation by the department head, may be rehired within two years without use of an open application process. The City Administrator or his or her designee will notify those individuals by letter, informing them of current seasonal positions available and offering them first chance for filling those positions. If they do not respond by the designated deadline, the remaining vacancies shall be filled by new applicants. City Council action is not required for temporary positions. I. Relatives. No person shall be appointed, promoted, or transferred to a position where he or she would be working permanently with, supervising, or receiving supervision from his or her spouse, child, parent, sibling, father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, grandparent, or grandchild, or any person permanently residing with the employee. 29 IX. TERMINATION. A. Duration of Employment. Except as restricted by statute or applicable labor agreement in particular cases, the City may dismiss any employee at any time for any reason. Subject to the notice provisions below, any employee may terminate City employment at any time. B. Severance Pay. Any regular employee leaving the municipal service in good standing after giving proper notice of such termination of employment shall be compensated for all accrued and unused vacation leave and compensatory time, plus an amount equal to one-third the value of accrued and unused sick leave up to a maximum of 960 hours. C. Resignation. 1. Procedure. Any City employee, other than a department head, wishing to leave the City' s service in good standing, shall file with the City Administrator, at least fourteen (14) days before leaving, a written resignation stating the effective date of the resignation and the reason for leaving. All department heads shall give a twenty-one (21) day separation notice. Failure to comply with this procedure shall be cause for denying such employee future employment with the City and denying severance benefits. 2 . Unauthorized Absence. Unauthorized absence from work for a period of three (3) consecutive working days may be considered by the City Administrator as a resignation, and the employee shall not be entitled to severance benefits. D. Retirement. Every law enforcement officer and firefighter employed by the City shall automatically be retired upon reaching the age of 65 years. No other City employee shall be required to retire at any specific age. E. Lay-offs. After at least two weeks notice to the employee, the City Administrator may lay off any employee whenever such action is necessary because of shortage of work or funds, the abolition of a position, or changes in organization. F. Discharge After Discipline. An employee may be terminated as a part of disciplinary action taken against the employee. Severance pay will not be granted to discharged employees. [PERSPLCY] 30 RECEIPT OF PERSONNEL HANDBOOK I, the undersigned employee of the City of Shakopee, hereby acknowledge that I have received a copy of the Personnel Information for Employees of the City of Shakopee. I agree to follow the policies set forth in it, and all amended and additional policies. I understand that my employment and compensation can be terminated, with or without cause or notice, at any time, at the option of either the City or myself. I understand that no supervisor or City employee has any authority to enter into any agreement for employment for any specific period of time, or to make any agreement contrary to the foregoing. I further understand and agree that nothing in the Personnel Handbook, or other City policies which may be communicated to me, constitutes a contract of employment. I have read and understand this page, and all my questions about this information have been answered. Date Signature Printed Name //.uv MEMO TO: Honorable Mayor and Council FROM: Dennis R. Kraft, City Administrator RE: Authorization to Elicit Requests for Proposal (RFP) for the Hiring of a Construction Manager for the New City Hall DATE: February 14 , 1992 INTRODUCTION: It is requested that the City Council authorize the preparation of an RFP for the hiring of a construction manager to function as the City's agent for the remodeling of the Marquette Bank building into a new city hall. BACKGROUND: Last summer the City Council purchased the Marquette Bank building at 129 South Holmes Street for a new city hall. Subsequent to the purchase the City Council authorized the hiring of Boarman and Associates as the architect for the project and Intra Design to do the interior design work for the project. It is appropriate at this time that the City authorize the initiation of the process which will culminate in the hiring of a construction manager for the project. This activity would be funded as a part of the project budget. A construction manager will function as the City's agent in the project much as a general contractor will, however a construction manager does not make a profit on the project. The construction manager's sole concern is to manage the project and make decisions that are in the best interest of the City. The construction manager would hire appropriate sub-contractors, would order necessary equipment such as an elevator, and would coordinate and schedule all elements of the project. I 've had an opportunity to discuss this matter with Jack Boarman the project architect and he has indicated that he thinks the hiring of a construction manager is the preferable way to go on this project. The City does not have in-house staff capability to monitor and facilitate a project such as this. I have also had an opportunity to hear a presentation by several other managers and administrators who have constructed municipal projects recently and each of them used a construction manager and spoke highly of this method. The hiring of a construction manager will also likely give us greater opportunity to control costs on the project. ALTERNATIVES: 1. Authorize the City Administrator to prepare and distribute an RFP for the hiring of a construction manager for the project. 2 . Do not authorize the hiring of a construction manager, with the assumption that the general constructor will perform these functions. RECOMMENDATION: Alternative #1 is recommended. ACTION REOUESTED: Move to authorize the City Administrator to prepare and distribute an RFP for the hiring of a construction manager for the new City Hall project. (;(1:':7 1T MEMO TO: Dennis Kraft, City Administrator FROM: John DeLacey, Engineering Tech. III /� // SUBJECT: JEJ Warming House/Picnic Shelter Building i Project No. 1991-5 DATE: February 14 , 1992 INTRODUCTION: Council action is required for a resolution accepting work and making final payment on the JEJ Warming House/Picnic Shelter Building, Project No. 1991-5. BACKGROUND: All of the work for this project has been completed in accordance with the contract documents. ACTION REQUESTED: Offer Resolution No. 3551, A Resolution Accepting Work on the JEJ Warming House/Picnic Shelter Building, Project No. 1991-5 and move its adoption. JD/pmp RESOLUTION NO. 3551 A Resolution Accepting Work On The JEJ Warming House/Picnic Shelter Project No. 1991-5 WHEREAS, pursuant to a written contract signed with the City of Shakopee on August 6, 1991, Stang Co. , Inc. , 7676 West Highway 13 , Savage, MN 55378 has satisfactorily completed the Warming House/Picnic Shelter in JEJ Park, in accordance with such contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the work completed under said contract is hereby accepted and approved. BE IT FURTHER RESOLVED, that the City Clerk and Mayor are hereby directed to issue a proper order for the final payment on such contract in the amount of $1, 191. 00, taking the contractor' s receipt in full. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 19 Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney /210 MEMO TO: Dennis Kraft, City Administrator FROM: Terrie Sandbeck, Assistant City Planner RE: Initiating Vacation of Polk Street between 10th Avenue and 12th Avenue DATE: February 11, 1992 INTRODUCTION: The attached Resolution No. 3545 sets a public hearing date to consider the vacation of that portion of Polk Street between 10th Avenue and 12th Avenue. BACKGROUND: The City has received a petition for the vacation of that portion of Polk Street between 10th Avenue and 12th Avenue from Laurent Builders, Inc. and Randy Laurent. The attached resolution sets a public hearing for March 17, 1992 . On that date, comments from staff members and utilities, as well as a recommendation from the Planning Commission, will be presented to City Council for their consideration. Setting March 17, 1992 , as the public hearing date for this vacation is scheduling it for the third Tuesday of the month of March. However, if the City Council makes the decision to reschedule their meeting date to March 24 , 1992 , the public hearing date for this vacation should also be set for this date. RECOMMENDED ACTION: Offer Resolution No. 3545, A Resolution Setting the Public Hearing Date to Consider the Vacation of that Portion of Polk Street between 10th Avenue and 12th Avenue, and move its adoption. RESOLUTION NO. 3545 A RESOLUTION SETTING THE PUBLIC HEARING DATE TO CONSIDER THE VACATION OF THAT PORTION OF POLK STREET BETWEEN 10TH AVENUE AND 12TH AVENUE WHEREAS, it has been made to appear to the Shakopee City Council that the portion of Polk Street between 10th Avenue and 12th Avenue serves no public use or interest; and WHEREAS, a public hearing must be held before such action can be taken and two weeks published and posted notice thereof must be given. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that a hearing be held in the Council Chambers on the 17th day of March, 1992 at 7: 30 P.M. , or thereafter, on the matter of vacating that portion of Polk Street between 10th Avenue and 12th Avenue. WHEREAS, two weeks published notice will be given in the SHAKOPEE VALLEY NEWS and posted notice will be given by posting such notice on the bulletin board on the main floor of the Scott County Courthouse, the bulletin board at the U. S. Post Office, the bulletin board at the Shakopee Public Library, and the bulletin board in the Shakopee City Hall. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1992 . Mayor of the City of Shakopee ATTEST: City Clerk APPROVED AS TO FORM: City Attorney nin '® �S INII / 2c- MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Resolution No. 3546 A Resolution Amending 3525 the 1992 Pay Plan DATE: February 7, 1992 INTRODUCTION: On January 28, 1992 the Shakopee City Council approved Resolution No. 3525 Adopting the 1992 Pay Plan. During the pay plan implementation process, staff discovered two minor pay plan discrepancies that should be corrected at this time. BACKGROUND: The 1992 Pay Plan included lump sum payments for those persons whose salary was above the pay equity line. The 1992 Pay Plan that was presented to City Council for adoption on January 28, 1992 incorrectly stated the top steps for the following two position classifications: Senior Account Clerk and Custodian. The top step specified for the Senior Account Clerk position was specified at $36, 840. The correct top step should be $36, 845. In regard to the custodian position, the top step specified in the pay schedule indicated an annual pay rate of $18,708 . While the $18,708 figure is correct in terms of the pay equity scheduled amount, the custodians actually have been at a rate of $19, 176. Since the City has adopted the pay equity regressional model as the system for determining internal equity, the $18, 708 figure is the correct amount for purposes of the pay plan. However, since it was the intent of Council to not reduce any salaries, it would be appropriate at this time to add a foot note to the 1992 Pay Plan that specifies that custodians should be frozen at their 1991 pay schedule rate which was $19, 176. Consistent with the pay plan methodology utilized, custodians will receive a 2% lump sum based on their 1991 pay rate. Attached is Resolution No. 3546, A Resolution Amending Resolution No. 3525 which adopted the 1992 Pay Plan. The attached resolution would effectuate the aforementioned proposed changes that are necessary at this time. ALTERNATIVES: 1. Offer Resolution No. 3546, A Resolution Amending the 1992 Pay Plan. 2 . Do not approve Resolution No. 3546. 3 . Table action pending further information from staff. ACTION REOUESTED: Offer Resolution No. 3546, A Resolution Amending Resolution No. 3525 adopting the 1992 Pay Schedule for the Officers and Non-Union Employees for the City of Shakopee. RESOLUTION NO. 3546 A RESOLUTION AMENDING RESOLUTION NO. 3525 ADOPTING A 1992 PAY SCHEDULE FOR THE OFFICERS AND NON-UNION EMPLOYEES OF THE CITY OF SHAKOPEE WHEREAS, the City Council of the City of Shakopee on January 28, 1992 approved Resolution No. 3525 Adopting the 1992 Pay Schedule for the Officers and Non-Union Employees of the City of Shakopee; and WHEREAS, the City Council of the City of Shakopee finds it desirous to clarify certain aspects of the 1992 Pay Schedule; NOW, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the top step for the Senior Account Clerk position be changed to $36,845. BE IT FURTHER RESOLVED that the following foot note be added to the 1992 Pay Schedule: Custodians shall be frozen at their 1991 Pay Schedule rate which was $19, 176 and shall be paid a 2% lump sum in the amount of $383 . 52 . Adopted in adjourned regular session of the City Council of the City of Shakopee, MN held this 18th day of February, 1992 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form. City Attorney „ ,,_..\ ,_ ,. ..„ ,_ T , . i ).. d --7 m i L k1 MEMORANDUM TO: Dennis R. Kraft, City Administrator FROM: Tom Steininger, Chief of Police SUBJECT: Minnesota Police Recruitment System DATE: February 5, 1992 INTRODUCTION: The Shakopee Police Department belongs to the Minnesota Police Recruitment System (MPRS) . Our representatives on the MPRS Board are listed as Tom Brownell and John Anderson. BACKGROUND: MPRS is a consortium of law enforcement agencies who pool resources to facilitate selection and hiring of new employees. Our present list of candidates which was established in the fall of 1991 is made up of people who came to us through MPRS. This list will run through 1992 . Although we do not interact frequently with the MPRS Board, as long as we are members our representatives should be people that still work here. ALTERNATIVES: #1. Pass Resolution No. 3548 naming Dennis R. Kraft and Tom Steininger as the City of Shakopee' s representatives to the MPRS Board. #2 . Do not pass Resolution No. 3548 . RECOMMENDATION: Alternative #1. ACTION REQUESTED: Offer Resolution No. 3548 naming Dennis R. Kraft and Tom Steininger as the City of Shakopee' s representatives to the MPRS Board, and move its adoption. [RESMPRS] RESOLUTION NO. 3548 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, APPOINTING NEW REPRESENTATIVES TO SERVE ON THE BOARD OF THE MINNESOTA POLICE RECRUITMENT SYSTEM. WHEREAS, the City belongs to the Minnesota Police Recruitment System (MPRS) ; and WHEREAS, the City needs to name representatives to serve on the MPRS board. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That Dennis R. Kraft and Tom Steininger are hereby appointed to serve on the Board of the Minnesota Police Recruitment System. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1992 . Mayor of the City of Shakopee Attest: City Clerk Approved as to form: City Attorney [RESMPRS] CONSAT TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Amending Investment Policy DATE: February 5, 1992 Introduction The current investment policy adopted several years ago has a five year maximum maturity. Due to current circumstances, it is recommended that the policy be amended to allow some longer investments. Background The current investment policy has a five year maximum maturity. Due to the current steepness of the yield curve, it is recommended that 25% of the portfolio be allowed to be placed in securities with a maturity of up to ten years. Over the longer term in general, the five year maturity is considered to give a city the best return. However, in todays market, the rate of return on a ten year security versus a five year is significant enough that I am recommending this change. For example, I was quoted a yield of 6.4% on a five year treasury versus a 7.2% yield on a ten year treasury. On a one million dollar investment this equals a difference of $8,000 a year in interest income. These investment are still considered short term compared to the long bonds of 20 to 30 years maturity. Alternatives 1. Status quo. 2. Amend policy. Recommendation Alternative number 2. Action Offer Resolution No. 3552 A Resolution Amending Resolution No. 2934 By Replacing The Investment Policy and move its adoption. RESOLUTION 3552 A Resolution Amending Resolution No. 2934 By Replacing The Investment Policy WHEREAS, on August 2, 1988 City Council adopted Resolution No. 2934 A Resolution Authorizing Investment Transactions and Adopting an Investment Policy, and, WHEREAS, it is now in the best interest of the City to amend the investment policy. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that Resolution No. 2934, A Resolution Authorizing Investment Transactions and Adopting and Investment Policy, is hereby amended by repealing the Investment Policy attached thereto. BE IT FURTHER RESOLVED that the attached Investment Policy is hereby adopted and all previously approved policies are superseded. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1992. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form. City Attorney CITY OF SHAKOPEE, MINNESOTA INVESTMENT POLICY February 18, 1992 Pursuant to Minnesota Statutes, Section 118.005, the City Council authorizes the Finance Director to designate as a depository of City funds such national, insured state banks or thrift institutions as defined in Section 51A. 02, Subdivision 23, as it may deem proper. The Finance Director shall inform Council whenever a change is made in the list of designated depositories. Any bank, trust company or thrift institution authorized to do business in this state, designated as a depository of City funds may, in lieu of a corporate or personal surety bond required to be furnished to receive the funds, assign to or deposit with the City Treasurer legally-authorized investments or securities as collateral. The Finance Director is authorized by Council to approve of financial institutions for the safekeeping of collateral. The total amount of the collateral computed at its market value shall be at least ten percent more than the amount of deposit in excess of any insured portion. The depository may at its discretion furnish both a bond and collateral aggregating the required amount. The City will not accept mortgages as collateral. The Treasurer shall not maintain a deposit in any depository against collateral in excess of 90 percent of the market value thereof. Pursuant to Section 471.56, Subdivision 1, any City funds not presently needed for other purposes may be deposited or invested in the manner and subject to the conditions provided in Section 475.66. INVESTMENT GUIDELINES Repurchase agreements may be entered into with a bank qualified as a depository of money held in the City funds, or with any national or state bank in the United States which is a member of the Federal Reserve system and whose combined capital and surplus equals or exceeds $10,000,000, or a primary reporting dealer in U.S. government securities to the Federal Reserve Bank of New York. Investments may be held in safekeeping in accordance with the provisions of MSA 475.66 sub. 2. Investments shall mature and shall earn interest payable at times and in amounts which, in the judgment of the City Treasurer or other officer to which has been delegated investment decisions, provide the City adequate cash for operating purposes. Investment maturity shall not exceed five for 75% of the portfolio and ten years for the balance of the portfolio. Investments shall be made in accordance with MSA 475.66 sub. 3. All investments other than in direct obligations or agencies of the United States, secured by collateral, or repurchase agreements, shall not exceed fifty percent (50%) of the City's portfolio. This limitation is determined by type of investment. Example; commercial paper or bankers acceptance. Further, the City Treasurer shall not invest in excess of twenty percent (20%) of the City's portfolio in any one corporation and the investment in any one corporation shall not exceed five (5%) of the corporation's assets. 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