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HomeMy WebLinkAbout08/04/1992 MEMO TO: Honorable Mayor and City Council FROM: Dennis R. Kraft, City Administrator RE: Non-Agenda Informational Items DATE: July 31, 1992 1. Attached is the calendar for August of Upcoming Meetings. 2 . Attached is the August Business Update from City Hall. 3. Attached are the agendas for the August 6, 1992 meetings of the Planning Commission and Board of Adjustment & Appeals. 4. Attached is the Police Newsletter for Council review. 5. Attached is correspondence from the Mayor of Eagle Lake inviting elected officials to the League of Minnesota Cities' regional meeting on September 1, 1992 . If you are interested in attending, please call Toni to make reservations by August 11th. 6. Attached is a memorandum from the City Attorney regarding Constitutionality of Liquor Ordinances. 7. Attached is correspondence regarding the purchase of property, Market Street for your information. 8 . Attached is a memorandum from the Public Works Director regarding Minnesota/Market Street Railroad Crossings. 9 . Attached are the June 1, June 9 and July 2, 1992 minutes of the Shakopee Public Utilities Commission meetings. 10. Attached is a comparison of payable 1992 Commercial/Industrial property taxes that staff received from Jon Albinson for Councils information. 11. Attached are the July 15, 1992 minutes of the Shakopee Community Development Commission. 12. Attached is a memorandum from the City Administrator regarding the status of the Mdewakanton Sioux Community Community Center. August 1992 Upcoming Meetings SUN MON TUE WED THU FRI SAT 1 2 3 4 5 6 7 8 4:30pn Ptlic 7:OOpa.City 7:30pm Planning DERBY DAYS Illi li ties Ca>K�l Commission Meeting g 10 11 12 13 14 15 7:00pa Caen ttee of the Whole 16 17 18 19 20 21 22 7:00pm City 5:30pm Comm il Cpmavniy Meeting Development Casmiss i on 23 24 25 26 27 28 29 7:00ps Park and 7:00p Recreation Committee of Board the Whole 30 31 duly September SMTWTF S SMT W TF S 1 2 3 4 1 2 3 4 5 5 6 7 8 9 10 11 6 7 8 9 10 11 12 12 13 14 15 16 17 18 13 14 15 16 17 18 19 19 20 21 22 23 24 25 20 21 22 23 24 25 26 26 27 28 29 30 31 27 28 29 30 ot BUSINESS UPDATE FROM CITY HALL Vol. 6 No. 8 Dear Chamber Member: August 1, 1992 City Clerk Pre-testing of the survey questionnaire has already begun. Staff is optimistic that the At their regular meeting on July 7th, City Council random sample telephone survey will formally proceed in early August. Staff expects that the accepted the resignation of Ron Larson from the survey results will be available some time in Park and Recreation Advisory Board. Anyone September. interested in filling the unexpired term may obtain an application by calling city hall at 445-3650. On August 4, 1992 the Shakopee/Prior Lake Hockey At their regular meeting on July 7th, City Council Association will be present at the City Council aadopted a resolution commending the Shakopee meeting to discuss possible ell for Public Utilities and their Manager, Lou Van Hout, constructing a permanent shell around the for their foresight and diligence in reviewing and existing facility. selecting a power supplier who will provide The City has hired an architect to assist in wholesale power which will result in a substantial developing plans and specifications for savings to Shakopee Public Utilities and its improvements to the concession stand/restroom customers. facility at Tahpah Park. Funding for the At their regular meeting on July 21,City Council improvements are being provided by the Shakopee Jaycees. The project will bring the facility adopted resolutions of commendation to two city into employees who have just completed 25 years of fomPBauce with ADA Standards and also provide or the extension of two new wings to the shelter employment with the City of Shakopee: Donald f Bisek, Police Department, and Harold Pass, Public with improvements to the concession stand area. Works Department. Staff is optimistic that the project will be completed yet this year. Additional election judges are still needed for the Park and Recreation upcoming elections, especially in the 4th precinct. If interested, please call city hall during regular business hours. The summer recreation programs are winding down and plans for fall activities are well Community Development underway. The Shakopee Community Education and Park and Recreation joint publication of fall programs and activities will be mailed to area On July 7,1992 the Shakopee City Council approved residents on August 28th. the questionnaire for the Municipal Facility Survey: The questionnaire is comprised of over LSO The Shakopee School District reinstated some of questions that address issues in the following the seventh and eighth grade student activities areas: park and recreation, downtown dropped in 1982 because of budget restraints. redevelopment, and municipal level of services. Since then, Shakopee Community Recreation had Funding for the survey will be allocated from 3 been administering some of those activities using separate funding sources including the Park volunteers. Some of the programs that are being Reserve Fund, Housing and Redevelopment reintroduced include 7th and 8th grade Girls' and Authority Budget and the Administration Division Boys' Sports, Co-ed Sports, and academic dubs. of the 1992 General Fund Budget. Planning At this same meeting, the Commission also recommended three vacations. They At the July 9, 1992,meeting of the Shakopee Board recommended the vacation of a portion of the 10th of Adjustment and Appeals, the board denied an Avenue right-of-way between County Road 17and application for a variance to the side yard setback the mid-block area west of Merrifield Street. This within the Shoreland zoning district to allow for vacation would reduce the 100 foot right-of-way an addition onto an attached garage. in this area to 66 feet, while reserving drainage and utility easements up to the current 100 foot At the July 9, 1992, meeting of the Shakopee right-of-way line. The Commission also Planning Commission, the Commission continued reeommended the vacation of a portion of the the public hearing for an application for an alley just south of Norwest bank, and the vacation amendment to the Conditional Use Permit for of 5 feet of the 15 foot wide drainage and utility N.B.Z. Enterprises, Inc. This amendment would easements in Lot 1, Block 2, and Lot I, Block 3, allow two propane heating tanks. The public Prairie Estates 2nd Addition. hearing was continued to the August 6, 1992, meeting. Public Works/Engineering The Commission also recommended approval of Several new subdivisions are under construction two preliminary plats and four final plats. The requiring Engineering Department inspection. preliminary plat for Maple Trails Estates is The following subdivisions are now under proposed to be located east of County Road 17, construction: across from Timber Trails Addition, and would consist of 31 single family lots. They also *Minnesota Valley 7th Addition recommended approval of the preliminary and (Polk St. & Ilth Ave.) final plat for Dalles Townhome Addition. The *Meadows 7th and 8th Additions development plan for the Planned Unit (CR 79 South of 11th Ave.) Development for this site was recently approved *Prairie Estates 2nd Addition by the City Council. This approval allows the (CR 17 South of 11th Ave.) construction of twelve structures, each containing *Beckrich Estates (CR 79& CR 78) four units, on the site. •Weinandt Acres 2nd Addition (CR 17 South of CR 42) The final plats for Heritage Place 4th Addition and The Meadows 8th Addition w ere also The Public Works Department is landscaping and recommended for approval. Heritage Place 4th putting the finishing touches on the new Scenic Addition will be located north of Vierling Drive, Heights Park (formerly JEJ Park). This park will east of Granite Drive, and south of Murphy contain an outdoor hockey rink, warming house, Avenue. It will contain 27 residential lots. The basketball court, general skating area, picnic Meadows 8th Addition will be located south of shelter and walking trails. The park is located at Vierling Drive, west of The Meadows 7th Addition, the end of Ruby Lane, north of Vierling Drive. and will contain 52 residential lots. The completion of the Market Street and The Commission also recommended approval of Minnesota Street railroad crossings along 2nd amendments to two Planned Unit Developments. Ave. has been delayed due to the signal installation The amendment to the Planned Unit Development by the C & NW Railroad. The exact schedulefor for High Five Erectors, Inc. would permit outdoor the railroads work has not been determined yet. storage of up to 15 feet in height in certain areas of the site. The amendment to the Planned Unit The downtown streets are being sealed with an Development for Shakopee Towing and Storage asphalt emulsion to seal cracks in the pavement would permit the construction of a fifth mini- and to extend the life of the streets. The work is storage building. being done in late afternoons and nights to try and minimize the disruption to downtown businesses. The work should be completed by July 24, 1992. 43 TENTATIVE AGENDA, BOARD OF ADJUSTMENTS AND APPEALS Regular Session Shakopee, MN August 6, 1992 Chairperson William Mars Presiding 1. Roll Call at 7:30 P.M. 2. Approval of Agenda 3. Approval of July 9, 1992, Meeting Minutes 4. Recognition by Board of Adjustments and Appeals of Interested citizens. 6. 7:30 P.M. PUBLIC HEARING: To consider a variance to the front yard setback at 730 W. 3rd Avenue to build an addition onto an existing building. Applicant: Shakopee Services Action: Resolution No. 643 6. Other Business a. b. c. 7. Adjourn Lindberg S. Ekola City Planner NOTE TO THE B.O.A.A. MEMBERS: 1. If you have any questions or need additional information on any of the above items, please call Terris or Aggie on the Monday or Tuesday prior to the meeting. 2. If you are unable to attend the meeting, please call the Planning Department prior to the meeting. r TENTATIVE AGENDA PLANNING COMMISSION Regular Session Shakopee, MN August 6, 1992 Chairperson Terry Joos Presiding 1. Roll Call at 7:30 P.M. 2. Approval of Agenda 3. Approval of the July 9, 1992, Meeting Minutes 4. Recognition by Planning Commission of Interested Citizens. 5. 7:40 P.M. CONTINUED PUBLIC HEARING: To consider an amendment to Conditional Use Permit No. 376 for NBZ Mining to allow two propane tanks for heating on the property located south of CR 16, west of CR 83 and north of Valley View Rd. Applicant: NBZ Enterprises, Inc. Action: Amend Conditional Use Permit No. 376 6. 7:50 CONTINUED PUBLIC HEARING: To consider the rezoning of property south of Clifton Townhomes from R-4 and R-2 to R-3. Applicant: LeRoy Menke 7. 8:00 P.M. PUBLIC HEARING: To consider a Planned Unit Development consisting of two 3 & 4 unit townhomes, located south of Clifton Townhomes. Applicant: LeRoy Menke 8. Vacation: To consider the vacation of the alley in the 800 Block, South of E. 1st Ave. (Red Owl Block) . Applicant: Jeff Segal 9. FINAL PLAT: To consider an application for the final plat of Market Place, lying west of Market St. and north of 5th Avenue. Applicant: Dave Rutt and Merle Volk Action: Final Plat Approval 10. Annual Review: J. L. Shiely Mineral Extracti* Permit ' f ` 11. Capital Improvement Program 12. Sidewalk/Trail Plan 13. Other Business A. Electing representatives to Met. Council B. C. 14. Adjourn Lindberg S. Ekola City Planner NOTE TO PLANNING MEMBERS; 1. If you have any questions or need additional information on any of the above items, please call Terrie or Aggie on the Monday or Tuesday prior to the meeting at 445-3650. 2. If you are unable to attend the meeting, please call the Planning Department prior to the meeting. 44s CITY OF EAGLE LAKE INCORPORATED 1902 July 23 , 1992 Dear City Official : I wish to extend to you a cordial invitation to attend the League of Minnesota Cities' regional meeting hosted by the City of Eagle Lake on Tuesday, September 1, 1992 , at the Eagle Lake American Legion Club . The afternoon program, beginning at 2 : 30 p.m. will cover a variety of subjects during a roundtable discussion, including solid waste programs , "what cities around the state are doing" and the new Transportation Utility Fee. At 3 : 30 p.m. a discussion will cover fire relief association activities and at 4: 00 p.m. a presentation will address council/staff relations and the need for performance appraisals . Because of the importance of this subject, the League is asking that at least one elected official from each city be present . The afternoon program, concluding at 5 : 00 p.m. will he followed by a social and then dinner at 6: 15 p.m. Following a welcome to our city from me, LMC President Larry Bakken will address the audience regarding the organization ' s focus for the coming year . After the President ' s message, the League will present its new video followed by a discussion of legislative matters, including the status of the process to develop a new local government aid (LGA) formula. The meeting will conclude with door prizes , including a free registration to the 1993 annual. conference in St . Cloud. To make reservations for your city, please return the enclosed registration form as soon as possible. In case of cancellations , please notify Joanne Kopet, City Clerk, by Friday, August 28, 1992. Your city will be billed for those who did not attend and did not cancel their reservations by the cancellation date. I look forward to seeing you on Tuesday, September 1st . 1/Sincerely, !rir iC J ( j�l Bryce Olson Mayor City of Eagle Lake 101 PLAINVIEW • P.0.159 • EAGLE LAKE, MN 56024 • (507) 257-3218 #_) MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorney DATE: July 24, 1992 RE: Constitutionality of Liquor Ordinances A few months ago I filed criminal charges against Cheers 2 Ya for violating the liquor ordinances by remaining open after hours. This case has made its way through the court, and is set for trial in August. The attorney for Cheers has filed a motion seeking to have our liquor ordinances declared unconstitutional. I am preparing a brief, and we will have a ruling on this in a couple of weeks. This is just FYI. Signed iii . a/, �� Karen Mar , ity -•ttorney KEM:bjm [22MEMO] cc: Dennis Kraft * 17 p?M July 18, 1992 Mr. David Brown, Attorney 206 South Scott Street Shakopee, MN 55379 RE: Purchase of property, Market Street, Shakopee Dear Dave:This is to inform you that any purchase agreement you wish to present on the above property should be submitted to Jane DuBois at Coidwell Banker Best Homes, 327 South Marschall Road, Suite #300 , Shakopee, no later than 7:00 PM on Tuesday, July 21st. Your purchase agreement along with any additional offers will be presented to the ERA at their meeting that evening. For the record, Article 22 of the Code of Ethics of the National Association of Realtors, which you probably have never read, says "Negotiations concerning property which is listed exclusively shall be carried on with the listing broker, not the owner, except with the consent of the listing broker. ' Your interference with my fiduciary duty to the principals was inappropriate and highly unprofessional. If you have any questions, please call me. Thank you. Sincerely, Jane C. DuBois JD:dh # 8' MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director SUBJECT: Minnesota/Market Street Railroad Crossings DATE: July 29, 1992 NON-AGENDA INFORMATIONAL ITEM FOR COUNCIL: Staff would like to provide Council with a status update on the railroad crossings at Minnesota Street and Market Street. On May 19, 1992 the City Council authorized staff to execute the agreements for the new crossings with the railroad and to forward a check for $147,000.00 to the railroad for the new crossings, signals, etc. The check was sent to the railroad on June 25, 1992. Within a few weeks of that action, a fully executed agreement from the railroad was received by City staff. Since receiving the fully signed agreement, staff has contacted the railroad several times to determine when they would construct the crossings. To date, the railroad has not provided staff with any type of schedule for completing this work and have refused to respond to requests for such a schedule. Staff will continue to pursue getting the railroad to complete their work on the crossings, but staff wanted to inform the City Council the reasons for the delays. The City contractor for the street construction is also being held up until the railroad has done their work. If City Council members have any additional suggestions for ways to expedite the railroads actions, please advise staff. DH/pmp RAILROAD 01 MINUTES OF THE SHAKOPEE PUBLIC UTILITIES COMMISSION The Shakopee Public Utilities Commission convened in regular session on June 1 , 1992 at 4:30 P.M. in the Utilities Meeting room. MEMBERS PRESENT: Commissioners Kirchmeier, Cook and O'Toole. Also Liaison Sweeney, Manager Van Hout and Secretary Menden. Motion by O'Toole, seconded by Kirchmeier that the minutes of the May 4, 1992 regular meeting and the May 18, 1992 special meeting be approved as kept. Motion carried. BILLS READ: City of Shakopee 20 ,032. 00 A & B Auto Electric Inc . 127 . 00 ARA/Cory Refreshment Services 104 .00 Advanced Mailing Systems 3,605 .00 American Public Power Assn 2,428 .04 Marvin Athmann 141. 00 Battery & Tire Warehouse Inc. 25.69 R.W. Beck and Associates 4,650. 64 Bentz Construction Inc . 3 ,300. 00 Border States Electric Supply 1,149. 10 Business Essentials Inc . 337 .43 Canterbury Downs 3, 915.00 City of Shakopee 404 .02 City of Shakopee 943 .41 Clay's Printing Service 105 .40 Communication Auditors 46. 47 Cooperative Power 37 ,314 . 09 Cy' s Amoco and Tire 22. 50 Direct Safety Co. 43 . 94 Eddy Bros. Co. 6 . 00 FMG/Tsumura 6, 778. 76 Feed-Rite Controls Inc. 1 , 566 . 64 Four Seasons Motel Restaurant & Lounge 144 . 78 General Office Products Co. 110 .97 Glenwood Inglewood 13.40 Gopher State One-Call Inc. 583. 50 Graybar Electric Co. Inc. 2,406. 29 H D R 2 ,971.00 Hennen ' s ICO 7 .00 Hance Cable Testing & Locating 219.00 Jerry' s Lawn Service 818.00 Koch ' s Tele-Communication Services 60.00 Lathrop Paint Supply co. 21. 45 Leef Bros . , Inc . 22. 62 Ray Lemieux 67.92 • • M R Sign 17.96 M-V Gas Co. - 8.25 Michael Mahoney 4,000. 00 Metro Sales Inc. 130. 95 Minn.Board of Architecture, 70. 00 Minn. Valley Testing Lab. Inc. 70.00 Motor Parts Service Co. Inc. 141 . 97 Northern Sanitary Supply Co. Inc. 169. 35 Northern States Power Co. 389 ,818.16 Northern States Power Co. 1,151.49 Northern States Power Co. 332. 32 On Site Environmental Ser. Inc . 229.00 Gene Pass 26.00 Pitney Bowes 924 .38 Remarkable Products 17 . 95 Reynolds Welding Supply Co. 15. 10 Road Machinery & Supplies Co. 800.45 St. Francis Medical Facility 6,264 .00 St. Mary' s Church of the Purification 530 .40 Schiltz Ornamental Iron 1,145.00 Schmader Electric Const. Co. 229, 565 .20 Scott County Sheriff Communications 663 . 30 Sensus Technologies, Inc. 677 .02 Shakopee Chev-Olds-Pont Geo Inc. 225 .27 Shakopee Ford 94 .23 Shakopee Public Utilities Comm. 129 .61 Al Smith Excavating 733. 00 Southwest Suburban Publishing 278. 92 Starks Cleaning Services Inc. 68. 00 Stemmer Farm & Garden Supply Inc. 138.00 Dean Struck 77 . 52 T & R Service 34 . 00 Total Tool 266. 15 Transport White GMC, Inc. 35. 00 Trio Tree Nursery & Landscaping 40. 50 Lou VanHout 123 .18 Lou VanHout 2,106.60 Warning Lites of MN 281 . 50 Water Pro 91 .11 Wheeler Lumber Operations 4,888. 50 Woodhill Business Products 1,766 . 73 Yarusso' s Hardware Co. 45. 96 American Public Power Assn 35. 00 Motion by Cook, seconded by O'Toole that the bills be allowed and ordered paid. Motion carried. A communication from Manager Van Mout to St. Mary's Purification Church of Marystown was acknowledged. Liaison Sweeney gave the liaison report . The bid tabulations for a new telescopic material handling aerial device and fiberglass service body-mounted over the rear axle of an acceptable cab and chassis were given to the Commission from Terrill Roquette, Technical Assistant. Darrol Mason of Simon-Midwest was present . Motion by O'Toole, seconded by Cook to award the bid to Simon-Midwest, Inc. for a total bid price of $95,197.00, with the option of a trade-in allowance or selling the old truck outright to be decided at the time the purchase order is written. Motion carried. A discussion was held on the electronic funds transfer for automatic withdrawals for customers bills. Further communications will be held with area banks. Jim Streef land, Jaspers, Streef land Co. was present to present the 1991 audit . Motion by Cook, seconded by O'Toole to accept the 1991 audit from Jaspers, Streef land Co. Motion carried. Present for the discussion on the selection of a power supplier were Sheila Effertz, Shakopee Valley News; Tony Rude, UPA; Derrick Dahlen, MMPA; Jim Ashley, Mark Ellson and Don Kom of Northern States Power Co. ; Kevin Favero, R.W. Beck. Mr. Dahlen presented the power supply offer from the MMPA. The offer was for wholesale power sale from July 1 , 1995 through December 31 , 2005, at a rate fixed for each year, and is open for four to six weeks. Mr. Rude discussed the guarantee of the MMPA offer by UPA. Mr. Ashley presented a draft of contract which would accompany their most recent offer for wholesale power at fixed rates. The NSP offer would run from January 1 , 1993 through December 31, 2005, at a rate fixed for each year, and is open until June 30, 1992. Kevin Favero was asked to review the offer from MMPA, and the contract drafts of NSP and MMPA. A special meeting of the Utilities Commission will be held on June 9, 1992 to review the offers and select the power supplier. Motion by Cook, seconded by O'Toole to offer Resolution#386 A Resolution Setting the Amount of . the Trunk Water Charge, Approving Of Its Collection, and Authorizing Water Service to Certain Property Described as Eagle Creek Junction Third Addition. Ayes: Commissioners O'Toole, Cook and Kirchmeier. Nayes : none. Resolution passed. Motion carried. There were no new plats for May, 1992. There were three fire calls for a total of two and one/half hours labor. There were no lost time accidents for the month of May, 1992. The Minnesota Municipal Utilities Association delegate appointment will be made by first appointment to the Utilities Manager, next Commission President, next two Commissioners by seniority and last Office Manager. Motion by O'Toole, seconded by Kirchmeier that the meeting be adjourned to 4: 30 P.M. on June 9, 1992. Motion carried. 1 � 1 X1,5 u; i � Barbara Menden, Commission Secretary MINUTES OF THE SHAKOFEE PUBLIC UTILITIES COMMISSION The Shakopee Public Utilities Commission convened in adjourned regular session cn June 9 , 1992 at 4 : 30 P.M . in the Utilities meeting room. MEMBERS PRESENT : Cor:-; ss_nners Kirchmeier, Cook and O' Toole . Also Liaison Sweeney and Manager Van Rout . Secretary Menden was absent . Jim Ashley, NEP Director of wholesale Marketing; Don Kom, NSP Municipal Sales Representative; and Sheila Effertz from the Shakopee Valley News were also present . Manage— Van Rout advised that a revised offer from the MMPA had been received this afternoon , and that Kevin Favero was analyzing the revised offer and would arrive later. The meeting was called to order by President Kirchmeier. The Commission discussed with the NSF representatives the June 4 , 1992 letter from NSF and other items . Mr. Favero , consulting engineer to the Commission , arrived with his analysis of the recent power supply offer from the MNPA , and a comparison with offers from other suppliers , including NSP . The Commission discussed the desireability of initially receiving Mr . Faverc ' s analysis privately so as not to give undue competitive advantage to MMPA or NSF , with the analysis and other information used in reachinci a decision , to be available before action was taken by the Cerci ssion on any of the proposals . The NSF representatives expressed no objection. Ms . Effertz requested that she be notified about the Commission ' s decision on the power supplier when the Commission meeting concluded. There being no objection raised, motion. by Terry O'Toole, seconded by Cook : to _ closed session to review the engineer ' s analyse_ cf the peting power supply offers . Motion carried. At the conclusion ed the engineer' s report , there was a motion by Cook , seconded by Yirc. meier: tc ad _ from. closed session . Motion carried . The NSF representatives returned to the meeting. Copies of the engineer ' s analysis were given to the NEP representatives . Commissioner Cook noted the difference in cost with the new supplier . He al =so noted *he offer from the United Power Association to match NSP ' s guarantee of keeping the rates to no more than 95 of NSP' s General Service rate . His preference was for the MMPA , based on the overall savings and with the assurance . from UPA of the power availability and rates offered by the MMPA. Commissioner Yirchmeier preferred to stay with NEP under a changed contract , due to the power availability after 2005 , because of the 6 year commitment to buy power from NSP for the recently acquired service area , because of the history of NSP as a known commodity , and because the long term goal to acquire all the service area within city limits may be hampered by the change . Commissioner O' Toole stated he was impressed by the MMPA being composed cf similar members , and with the assurance from UPA as a viable power supplier . Discussion tock place with the NSP representatives and the engineer about how the rates in the recently acquired service area would be determined in the year 2003 . Motion by O ' Toole, seconded by Cook : to take power from MMPA at the rates and terms specified in the MMPA and UPA written offers dated June 9 , 1992 and received just prior to this meeting, subject to UPA ' s guarantee of the performance of MMPA and subject to the negotiation of contracts with MMPA and UPA incorporating these terms and other such material terms as the president may deem necessary and appropriate upon consultation with the Utilities Manager, Mr. Favero and legal counsel . Motion carried with Kirchmeier opposed. Motion by Kirchmeier, seconded by Cook: to make the vote unanimous . Motion Carried. Motion by Cock , seconded by O ' Toole : to accept the NSP fixed-rate proposal for the acquired area only , during that time when the NSP fixed-rate offer coincides with the time period identified in a previous agreement with NSP , when energy used in the acquired area is to he purchased from NEP. Motion carried. Motion by O'Toole , seconded by Cook : offering Resolution E587 , a resolution establishing water rates in and for the City of Shakopee . Ayes: Cook, O'Toole , Kirchmeier. Nays : none . Resolution adopted . A tentative meeting date for a joint meeting with the City Council was set for July 13 , 1992 at 7 : 30 P.M. in the Utilities meeting room. A. special meeting fC,r the Shakopee Public Utilities Commission will be held on July 2 , 1992 at 4 : 30 P .M. in the Utilities meeting room fox payment of bills . The next regular meeting for the .ko.Shaee Public Utilities v ion will , July - 3 92 at 1 : 30 . P .M.u in _ _ Ut itias meeting r0om. Motion by Cook, seconded by Ki_chmei_r that the meeting be adjourned. Motion carried. 0 ,7 9arbara Menden, CotimiSSiCn` Secretary A ATTEST : / � L 1 / l y� r��.. �, Loll Van 1-icut, Manager MINUTES ng iz.g SH_AKOPPEE PUBLIC UTILITIES COMMISSION The Shkaopee Public Utilities Commission convened in regular session on July 2 , 1992 at 4 : 30 P .M. in the Utilities Meeting Room. MEMBERS PRESENT : Commissioners Kirchmeier and Cook . Also present Manager Van Mout and Secretary Menden. MEMBERS ABSENT: Commissioner O' Toole and Liaison Sweeney . BILLS READ: City of Shakopee 20 ,032 . 00 ARA /CORY Refreshment Services 78 . 00 ABM Equipment & Supply Inc . 1 ,096. 08 Bill ' s Toggery 220. 46 Border States Electric Supply 1 ,918. 76 Burmeister Electric 833 . 00 City of Shakopee 233 ,188 . 17 City of Shakopee 1 ,030. 03 City of Shakopee 303 . 88 Clay ' s Printing Service 32 . 05 Communication Auditors 8 . 00 Cooperative Power 35 ,997 . 98 Di54 . 24 k Amoco 1 ,005. 50 Dickson Co. Ditch Witch of Minn . Inc . 176 . 49 Dustcoatinc, Inc . 240 . 00 FMG/Tsumura 31 . 53 Feed-Bite Controls � 1 , 534 . 36 General Office Products Co . 77 . 45 Glenwood Inglewood 9 . 50 Gopher State One-Call 746 . 00 Gravbar Electric Co . Inc . 15 ,188 . 97 H & C Electric Supply 15 ,470. 46 H D R 2 . 415 . 25 Hance Cable Testing 8 Locating 330 . 90 Hennen ' s ICO 191 . 93 Jaspers , Streefland & Co . 7 ,600 . 00 Jerry ' s Lawn Service 818 . 00 Leef Bros Inc . 34 . 01 Ray Lemieux 60 . 00 M-V Gas Co. 17 . 58 Metro Curbing Inc . 490 . 00 Minnesota Conway 92 . 50 Minn . Municipal Utilities Ass 'n 860 . 00 Minn . Valley Electric Coop. 175 . 67 Minn . Valley Electric Coo. 37 , 340 . 25 Minnesota Valley Testing Laboratories , Inc . 70 . 00 Motor Farts Service of Shakopee 56 . 02 Northern States Power Cc . 432 , 733 . 23 Northern States Power Co . 1 , 071 . 87 Northern States Power Cc . 32 Otter Tail Power Co . 243 . 39 Gene Pass 175 . 00 Plehal Elacktopping Inc . 296 . 00 Resource Profile 650. 00 Reynolds Welding Supply Cc . 19 . 54 Schilz Ornamental Iron 12. 00 Sculpture Ice 934 . 52 Shakopee Postmaster5, 000 . 00 Shakopee Public Uti_ . ties Commission 725 . 27 Shakopee Ser:'icesenc . 43 . 67 Southwest Suburban Publishing 267 . 77 Starks Cleaning Services Inc . 72 . 42 Stemmer Farr. .& Garden 74 . 65 Dean Struck 95 . 04 Transport White GMC, Inc . 35 . 00 7 & P Service 17 . 00 Tendaire Industries , Inc . 85 . 20 Viking Steel Products, Inc . 98 . 08 Water Products 890. 00 Westinghouse Electric Supply 1 , 05£. 61 Wheeler Operations 457 . 80 larusso ' s Hardware Co . 127 . 01 F. H. Renner & Sons 2 , 589 . 75 Al Smith Excavating 840 . 00 Motion by Cook, seconded by Kirchmeier that the hills he allowed and ordered paid . Motion carried. Illy e bara Menden, Cottbission Secretary m g K 133 , °EI m a m' § m' I OOO 0 '0 3i. �C) mt > mmg 0@ " g -0 I N low NN N .I JN JJ `� O > T lO N O N O N I ¢ O O NI�D . .NI�I I � -I 3 Wa A V A N W OND -h U A J N 0 X m J W U N O N N W 1pp0 10 J -, W O N 0 OOD W O + L O 100 J W l N. OD n s s. a a a a a a a a a a a as 18 - 0 6 ' UJA > V`mAmUUUOU `. UW 0s. D to OW r ®® JNWO CO p J (OmO � WJU0oIIm CO V G O Z la i 0 ZCZtttntErtZtIV am mg1�fN>O Oke aiO mJ 0N� U0 ,I 00 % �O L a O NN a - -I NO1JA • rn fA NJJO Co CO -4A OCU a 1p IO 9 1� (p p0� M iq O3 OI Og NNN ,WD OpI ON0 -hspOo� NJJ o m �0 001 -4 A OI L A N@ m A 030 -4 � O { W a a a a a a a aa-SSaaal0y N g l UOWULNOWJOOA 0 y. = 0 U cmLO AmrgUNWAmto, la , . nil S b-o-ocer . ---4 .0 0 .- -40 .0 0vN 0 , WOIn OFFICIAL PROCEEDINGS OF THE SHAKOPEE COMMUNITY DEVELOPMENT COMMISSION REGULAR SESSION SHAKOPEE, MINNESOTA JULY 15, 1992 Chairman Mars called the meeting to order at 5:40 p.m. with the following members present; Jon Albinson, Bill Mars, Mike Phillips and Charles Brandmire. Commissioners Miller and Van Horn were absent. Barry Stock, Assistant City Administrator and Kate Ellis, Community Development Intern were also present. Albinson/Phillips moved to approve the minutes of the June 17, 1992 meeting as kept. Motion carried unanimously. Mr. Stock gave a brief economic development update. He noted that inquiries are increasing at a slow rate. He noted that earlier today he spent an hour with a broker from Towle discussing the possibility of locating a major industrial prospect to Shakopee. Mr. Stock noted that the name of the prospect is confidential at this point. He noted that the prospect is a high tech industry that will employee in excess of 200 employees and ultimately occupy over 250,000 square feet. Mr. Stock found the comments made by the broker in regard to Shakopee very encouraging. Mr. Stock noted that tax increment financing continues to be a key issue in the mind of business prospects looking to site a facility. He noted that Chaska and Chanhassen currently have existing tax increment districts in place. Mr. Stock also noted that Chaska offers tax increment up front rather than on a pay as you go basis. Mr. Stock stated that he hoped the Shakopee City Council would favor the use of tax increment financing to compete with our nearby communities. Mr. Albinson stated that he is working with a prospect who needs 4 acres. He stated that the prospect meets all of the criteria set forth in the industrial development incentive policy with the exception of the 5 acre minimum. He stated that he hoped Council would give consideration to this prospect in terms of utilizing tax increment assistance if this prospect ultimately selects to locate in Shakopee. He stated that the current industrial development incentive policy and the five acre requirement seems to be a bit excessive especially when the other two major criteria are met which include 50 employee minimum and increasing the land value by 10 times. Commissioner Brandmire stated that he would favor amending the policy to exclude the five acre minimum if the prospect met the 50 employee minimum and 10 times the value increase criteria. Mr. Albinson stated that he did not feel it was necessary to pursue an amendment until such time that a prospect such as this actually indicates a strong interest in locating in Shakopee. Discussion ensued on the Block 3 and 4 development analysis. Mr. Stock stated that this evening he would like the Commission to focus on the various development options available for Block 4. Upon hearing tonight's comments, staff will take the options identified and develop a cost benefit matrix for each option. Official Proceedings of the July 15, 1992 Community Development Commission Page -2- Discussion ensued on Option 1 - demolish existing buildings; rebuild entirely. Mr. Albinson questioned if the image of downtown created from scratch statement is one that we wanted to state. It was the consensus of the Commission to delete this statement and simply note that the block appearance will be improved. In terms of the disadvantages for Option 1, Mr. Albinson noted that residents and businesses would be displaced both during and after demolition/construction. Discussion ensued on whether the downtown area presently had an historic character. It was the consensus of the Committee that rather than specifying that the historic character of downtown would be severely impacted that a more accurate statement might be that the character of downtown would be severely impacted. Discussion ensued on Option 2 - Combination rehabilitation and demolition. It was the consensus of the Committee that the ability to capture tourist customers enhanced statement should be listed as an advantage to all of the options with the exception of maintain the status quo. Mr. Mars stated that an additional advantage of the Option 2 would be that the historic structures could be highlighted (featured) under this option. It was the consensus of the Committee to add this statement as an advantage to Option 2. Discussion ensued on Option 3 - Status quo. No significant changes were added by the Committee to Option 3. The Committee then discussed Option 4 making no significant changes to Option 4. Option 5 was deleted by the Committee since it was simply a repeat of Option 3. Mr. Albinson suggested that a new option be added which would call for the City acquisition of the entire block with being improved by the City and then managed by the City in terms of leasing. Another option discussed would be for the City to acquire the block, improve the buildings and then sell the buildings to prospective buyers. It was the consensus of the Committee to add this as an option and have staff prepare the appropriate advantages and disadvantages for review at the next meeting. Commissioner Brandmire suggested that an option be added which would call for the acquisition and demolition of all the buildings with the City holding onto the property until such time as it would be appropriate to develop. It was the consensus of the Committee that this should also be added as an option with staff preparing the appropriate Pros and cons for review by the Committee at a later date. Discussion ensued on the market survey that has been distributed to real estate developers and brokers. Mr. Albinson stated that we already have over a 20% response rate which is fairly good for this type of survey. It was the consensus of the Committee that at this time there was not adequate responses to make any firm conclusions in regard to this survey questionnaire. Official Proceedings of the July 15, 1992 Community Development Commission Page -3- Mr. Albinson gave a brief update on the highway projects. He noted that some of the bid lettings on the Southerly Bypass have been pushed back but that the final project completion dates still seem possible. Mr. Stock gave a brief Scott County Economic Development Coalition report. He noted that a salesperson has been hired by U.S. Impressions, Inc. to sell advertising for the resource profile that is being developed. Mr. Stock stated that he is optimistic that the profile will be complete this fall. Mr. Stock also noted that the Coalition will be sponsoring a Economic Development Day in either March or April of 1993 . Brandmire/Phillips moved to adjourn the meeting at 6: 30 p.m. Motion carried unanimously. Barry A. Stock Recording Secretary #/02 MEMO TO: Honorable Mayor and City Council FROM: Dennis R. Kraft, City Administrator RE: Status of the Mdewakanton Sioux Community Community Center DATE: July 30, 1992 As directed by the City Council I have followed up on the question of the current status of the Sioux Community constructing a community center for usage by residents of Shakopee and other nearby communities. My discussion this week with the Engineer working on the project has indicated that they are on schedule, and that the Tribal Business Council and the Tribal Council will most likely be acting on the question of a community center some time during the month of August. In any case the information will be presented to these two bodies, however I can not say, nor could the Engineer, whether a decision will be rendered at that time. According to the present conceptual design, if a community center were to be constructed it would include an ice sheet. Of course, the design could be changed during the review process. TENTATIVE AGENDA REGULAR SESSION SHAKOPEE, MINNESOTA AUGUST 4, 1992 Mayor Gary Laurent presiding 1] Roll Call at 7: 00 P.M. 2] Approval of Agenda 3] Recess for H.R.A. Meeting 4] Re-convene 5] Liaison Reports from Councilmembers 6] Mayor's Report 7] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 8] 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. ) *9] Approval of the Minutes of July 21, 1992 10] Communications: *a] Kmart Corporation regarding work force reduction. 11] Public Hearings: None 12] Boards and Commissions: None 13] Reports from Staff: a] Shakopee Valley Ice Arena *b] Traffic Signal at CR-16 and CR-B3 *c] Temporary Beer License - Shakopee Jaycees *d] Approving Contract With Bossardt Associates For Construc- tion Management Services For Remodeling New City Hall e] Award Bid for the Elevator for the New City Hall *f] Approve Bills in the Amount of $119,699.32 *g] Request for Proposals for Audit Services 14] Resolutions and Ordinances: *a] Res. No. 3631 - Accepting Work on the 1991 Pavement Preservation - Sealcoating Project 1991-6 *b] Res. No. 3642 - Opposing H.R. Bill 5653, Which Would Require Counties to Prepare Special Property Tax Notices to Taxpayers *c] Ord. No. 340 - Requiring All Boards & Commissions to Follow Roberts Rules TENTATIVE AGENDA August 4, 1992 Page -2- 15] Other Business: a] b] c] d] 16] Adjourn to Tuesday, August 18, 1992 at 7:00 P.M. Dennis R. Kraft City Administrator REMINDER: Budget Worksession - August 11, 1992 at 7:00 P.M. and August 25, 1992 at 7:00 P.M. & r, 1 4 r t s Y . - .t'- 1983 f'r ""1#} ',71r: '}' -"- y ' - JulX 21. 1.01' 12 3. tither Oistora 4. Idiot OFFICIAL PROCEEDINGS OP THE HOUSING AND REDEVELOPMENT AUTHORITY Adj . Reg. Session Shakopee, Minnesota July 21, 1992 Chrmn. Sweeney called the meeting to order at 7: 10 p.m. , with Comm. Lynch, Vierling, and Laurent present. Also present: City Admn. , Dennis Kraft; City Attorney, Karen Marty; Ass 't City Admn. , Barry Stock; City Clerk, Judith S. Cox; City Planner, Lindberg Ekola; and Public Works Director, Dave Hutton. Lynch/Vierling moved to approve the July 7, 1992, meeting minutes. Motion carried unanimously. The Shakopee Housing and Redevelopment Authority recessed its meeting to follow the meeting of the Shakopee City Council for an executive session to discuss property purchase offers for Outlot A, Macey's Second Addition and for preliminary consideration of allegations against personnel. Chairman Sweeney re-convened the H.R.A. meeting at 10:30 P.M. and stated that no action was taken during the Executive Session and asked if there was anything to come before the H.R.A. Chairman Sweeney recessed the meeting at 10:32 P.M.to return to executive session for clarification on action to be taken by the H.R.A. Chairman Sweeney re-convened the H.R.A. meeting at 10:35 P.M. and stated that no action was taken during the Executive Session. The City Attorney announced that after discussion in Executive Session it was determined that allegations were unfounded and that no disciplinary action was warranted regarding the personnel matter. Beard/Laurent moved that the Executive Director be directed to notify both parties, who have tendered offers for Outlot A, Macey Second Addition, that the H.R.A. will entertain both offers on July 28, 1992 at 8:00 A.M. at City Hall to determine which offer to accept. Motion carried unanimously. Chairman Sweeney adjourned the meeting to July 28, 1992 at 8:00 A.M. The meeting concluded at 10:42 P.M. Dennis R. Kraft Executive Director Jane VanMaldeghem and Judith S. Cox Recording Secretaries 8R Pt eoR � � cT cD # OPPICIAL PROCEEDINGS OF THE HOUSING AND REDEVELOPMENT AUTHORITY Adj. Reg. Session Shakopee, Minnesota July 21, 1992 Chrmn. Sweeney called the meeting to order at 7: 10 p.m. , with Comm. Lynch, Vierling, and Laurent present. Also present: City Admn. , Dennis Kraft; City Attorney, Karen Marty; Ass't City Admn. , Barry Stock; City Clerk, Judith S. Cox; City Planner, Lindberg Ekola; and Public Works Director, Dave Hutton. Lynch/Vierling moved to approve the July 7, 1992, meeting minutes. Motion carried unanimously. The Shakopee Housing and Redevelopment Authority recessed its meeting to follow the meeting of the Shakopee City Council for an executive session to discuss property purchase offers for Outlot A, Macey's Second Addition and for preliminary consideration of allegations against personnel. aa2C Commissioner Beard arrived at 7:30 p.m. during the City Council f meeting. Chairman Sweeney re-convened the H.R.A. meeting at 10:30 P.M. and stated that no action was taken during the Executive Session and asked if there was anything to come before the H.R.A. Chairman Sweeney recessed the meeting at 10: 32 P.M.to return to executive session for clarification on action to be taken by the H.R.A. Chairman Sweeney re-convened the H.R.A. meeting at 10:35 P.M. and stated that no action was taken during the Executive Session. The City Attorney announced that after discussion in Executive Session it was determined that allegations were unfounded and that no disciplinary action was warranted regarding the personnel matter. Beard/Laurent moved that the Executive Director be directed to notify both parties, who have tendered offers for Outlot A, Macey Second Addition, that the H.R.A. will entertain both offers on July 28, 1992 at 8:00 A.M. at City Hall to determine which offer to accept. Motion carried unanimously. Chairman Sweeney adjourned the meeting to July 28, 1992 at 8:00 A.M. The meeting concluded at 10:42 P.M. Dennis R. Kraft Executive Director Jane VanMaldeghem and Judith S. Cox Recording Secretaries OPFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REG. SESSION SHAKOPEE, MINNESOTA JULY 21, 1992 Mayor Laurent called the meeting to order at 7 :02 p.m. , with Cncl. Vierling, Lynch, and Sweeney present. Absent: Cncl. Beard (arriving at 7 :30 p.m. ) . Also present: Dennis Kraft, City Admn. ; Karen Marty, City Attorney; Barry Stock, Ass't City Admn. ; Judith S. Cox, City Clerk; Lindberg Ekola, City Planner; and Dave Hutton, Public Works Director. Mayor Laurent read the City's Non-Discrimination Policy. Sweeney/Vierling moved to approve the agenda with the following additions: 16a) Communications from Rohr Malting Company; and 16b) City Hall renovation plan procedure. Motion carried unanimously. The City Council recessed its meeting at 7: 10 p.m. for the meeting of the Shakopee Housing and Redevelopment Authority. The City Council reconvened its meeting at 7:12 p.m. Councilmembers gave their liaison reports. Mayor Laurent gave the Mayor's report. Mayor Laurent asked for comments from anyone in the audience wishing to speak on any item not on the agenda. There was no response. Vierling/Lynch moved to approve the consent business with the following items being deleted from consent approval: 13e) Final plat of Heritage Place 4th Addition; and 13g) Reenacting Sections 11. 03 and 11. 60 - Ordinance No. 338; and with 14b) VIP Interceptor extension - Resolution No. 3632 added to consent approval. Motion carried unanimously. Vierling/Lynch moved to approve the meeting minutes of June 23 , 1992 , June 30, 1992, and July 7, 1992. (Motion carried unanimously under consent business. ) Vierling/Lynch moved to receive and file the correspondence from Gene Martin, dated July 13 , 1992, regarding the hockey bubble. (Motion carried unanimously under consent business. ) Vierling/Lynch moved to receive and file the correspondence from Paul Egan, dated July 13, 1992, regarding layoffs at Canterbury Downs. (Motion carried unanimously under consent business. ) Mayor Laurent opened the public hearing on the vacation of a portion of the right-of-way along east 10th Avenue between County Road 17 and 140 feet west of Merrifield Street. The City Planner presented the report. Official Proceedings of the July 21, 1992 Shakopee City Council Page -2- Mayor Laurent asked for comments from the audience. Jim Rein, 10th & Sibley, asked for clarification on the entire vacation request. Mayor Laurent responded by stating there would be no visual change, but the property owners along this portion of the right-of-way will have their property line moved closer to the street, which will give them an additional 17 feet of property. Mr. Rein stated he had no problem with the vacation request. Cncl. Beard arrived at 7 : 30 p.m. , and took his chair at the Council table. Jeff Boldt, 971 Miller, questioned how this may affect his plans to construct an addition to his garage. The City Planner stated that this would allow him to build closer to the curb. Jim Rein questioned if a new abstract would have to be made up. Mayor Laurent stated that when the abstract is updated, this vacation will then be included on it. Jim Rein questioned if this would mean additional taxes. There was no response. Mary Skok, 10th & Miller, stated she is in the process of selling her home and would like to know how soon this additional 17 feet would be included on the abstract. The City Attorney stated that if the Council was to approve the vacation tonight, the vacation would go into effect tomorrow (July 22, 1992) and then she should allow approximately one week for it to be recorded with Scott County. Mayor Laurent asked for additional comments. There were none. Mayor Laurent closed the public hearing. Sweeney/Vierling offered Resolution No. 3626, A Resolution Vacating a Portion of the 100-foot 10th Avenue Right-of-Way Lying North of a Line 33 feet from the Centerline, and South of a Line 33 feet from the Centerline between County Road 17 and 153 . 32 feet East of Miller Street, while Reserving Drainage and Utility Easements on the Vacated Right-of-Way, and moved for its adoption. Motion carried unanimously. Official Proceedings of the July 21, 1992 Shakopee City Council Page -3- Mayor Laurent opened the public hearing on the vacation of that portion of the alley lying south of Norwest Bank. (Lots 6, 7 and 8, Block 7, East Shakopee Plat) The City Planner stated that the Planning Commission recommended the vacation of a portion of this alley lying south of the Norwest Bank, located at 738 East 1st Avenue (Lots 6, 7, and 8, Block 7, East Shakopee Plat) subject to conditions. He added that a subsequent meeting had taken place between staff and the applicant and the Norwest representatives were now requesting the alley undergo a closure instead of the vacation. The City Planner stated that a closure is also preferred by staff and that is what is being requested. Mayor Laurent asked for comments from the audience. Wally Johnson, project engineer for Norwest Bank commended the staff on their cooperation and professionalism. Mr. Johnson stated that their legal representatives had examined the conditions recommended for approval of this closure and concurred with the resolution set forth. Mr. Johnson asked that the resolution be adopted. Howard Gerholz, 714 East 1st Avenue, asked how this closure would affect his egress and ingress to his garage. The City Planner responded to his concerns stating that there would be little change, except they cannot exit their property to the east. He added that when entering their property, they can do so either from the west or east. Mayor Laurent asked for further comments from the audience. There were none. Mayor Laurent closed the public hearing. Lynch/Sweeney offered Resolution No. 3627, A Resolution Approving the Closure of the Eastern 132 feet of the Alley in Block 7, East Shakopee Plat, and moved for its adoption. Motion carried unanimously. Cncl. Vierling excused herself from the Council table due to potential conflict of interest on the following Council item. Mayor Laurent opened the public hearing on the vacation of the south 5 feet of the 15-foot utility and drainage easements along the 11th Avenue trail, south of the 1000 block of Shawmut Street (Lot 1, Block 2, and Lot 1, Block 3, Prairie Estates 2nd Addition. ) The City Planner presented the report. Official Proceedings of the July 21, 1992 Shakopee City Council Page -4- Mayor Laurent asked for comments from the audience. There was no response. Mayor Laurent closed the public hearing. Beard/Sweeney offered Resolution No. 3628, A Resolution Vacating the South 5 feet of the 15-foot wide Easement along the Northern Lot Lines of Lot 1, Block 2, and Lot 1, Block 3 , Prairie Estates 2nd Addition, and moved for its adoption. Motion carried unanimously with Cncl. Vierling absent. Cncl. Vierling took her seat at the Council table. Mayor Laurent stated that Laurent Builders is representing the landowners of Maple Trails Estates. Mayor Laurent passed the gavel to Vice Mayor Vierling and excused himself from the Council table due to potential conflict of interest. The City Planner gave the report. He stated that the Fire Chief has signed off for approval of the preliminary plat. Discussion was held on the short-term and long-ranged access to the 10-acres exception parcel. Vice Mayor Vierling asked for any comments from the audience. There were none. Beard/Lynch offered Resolution No. 3620, A Resolution Approving the Preliminary Plat of Maple Trails Estates, and moved for its adoption. Motion carried unanimously with Mayor Laurent absent. Mayor Laurent returned to the Council table. Vice Mayor Vierling passed the gavel to Mayor Laurent. Vierling/Lynch offered Resolution No. 3621, A Resolution Approving the Preliminary and Final Plat for Dalles Townhome Addition, and moved for its adoption. (Motion carried unanimously under consent business. ) Vierling/Lynch offered Resolution No. 3622, A Resolution Amending Resolution No. 3592, A Resolution Approving the Preliminary and Final Planned Unit Development for High Five Erectors, Inc. , and moved for its adoption. (Motion carried unanimously under consent business. ) Vierling/Lynch offered Resolution No. 3623, A Resolution of the City of Shakopee, Minnesota, Approving the Amendment to the Planned Unit Development for Shakopee Towing and Storage, and moved for its adoption. (Motion carried unanimously under consent business. ) Official Proceedings of the July 21, 1992 Shakopee City Council Page -5- Vierling/Lynch offered Resolution No. 3624, A Resolution of the City of Shakopee, Minnesota, Approving the Final Plat of Heritage Place 4th Addition, and moved for its adoption. Motion carried unanimously. Vierling/Lynch offered Resolution No. 3625, A Resolution Approving the Final Plat for The Meadows 8th Addition, and moved its adoption. (Motion carried unanimously under consent business. ) Cncl. Sweeney stated that by adopting Ordinance No. 338, this would just be another patch work done to the City Code. He stated he doesn't believe that reenacting Sections 11. 03 and 11. 60 is a pressing matter and the usual procedure is to include information to the Council on what language is being replaced. The City Attorney stated that there were some ordinances that were so poorly written that they could not be codified and to review the entire zoning ordinance would take a lot of extra time that staff currently does not have available. She added that the text is very long and that is the reason this information was not given to the Council. She stated she understands the need for a major re-write of the Shakopee City Code but this ordinance would complete the last large loop-hole in the code. Cncl. Sweeney stated that part of the problem seems to be that the City is trying to draft an ordinance city specific. He questioned why the City was not using a model zoning ordinance. The City Attorney stated she was not aware of a model zoning ordinance. Discussion was held on the concerns raised by Cncl. Sweeney and the time it has been taking for staff to review and re-write the City zoning ordinance. The City Attorney stated that doing a zoning ordinance re-write in- house, with no additional staff, could take three to five years, plus the added time for public hearings. The City Admn. stated that the time that was there for staff a year ago, no longer exists. He suggested this issue be brought up for review at the time of budget discussion. Cncl. Sweeney stated that the only way to force a re-write is to table the patch work until the re-write is complete; and if this ordinance is so important, the time should have been spent on an entire re-write. He stated it's a matter of priority and this should be put on the top. Discussion was held on the priority ranking of re-writing the zoning ordinance. Official Proceedings of the July 21, 1992 Shakopee City Council Page -6- Beard/Lynch offered Ordinance No. 338, an Ordinance Amending Chapter 11, Land Use Regulation (Zoning) , by Reenacting Provisions Inadvertently Repealed with Ordinances 266 and 272, Fourth Series, and the Identified Text Changes and/or Relocations, and moved for its adoption. Motion carried unanimously. Vierling/Lynch offered Ordinance No. 339, Fourth Series, an Ordinance Amending the Zoning Map to Rezone Lots 1 through 9, Block 25, Original Shakopee Plat, from Highway Business (B-1) to Central Business (B-3) , and moved for its adoption. (Motion carried unanimously under consent business. ) The Public Works Director stated that staff is requesting authorization to expend funds from the Storm Sewer Utility Fund to correct a drainage problem near Foothill Trail and Horizon Drive. He added that the Council had tabled this item July 7, 1992, at the request of one of the neighboring residents, Robert Lindstrom. He stated that Mr. Lindstrom is requesting financial consideration of the culvert he installed in 1987 to replace the existing ditch along his property, which was performed at Mr. Lindstrom's expense. The Public Works Director stated that in 1991 staff had been notified by area residents that there was a serious drainage problem in this area. He added that normally if a street does not have curb and gutter, which Horizon Drive and Foothill Trail do not, ditch sections are constructed along the right-of-way to control runoff. He stated that it didn't appear there had been adequate ditching. The Public Works Director stated that it would cost about $74, 638. 00 to correct this problem, which really needs to be corrected. The Public Works Director summarized the request by Mr. Lindstrom for culvert reimbursement. He stated that Mr. Lindstrom built his home in 1985 with a ditch in place; but due to Mr. Lindstrom's desire to fill in the ditch and expand the use of his backyard, he installed a culvert at his own expense. He added that Mr. Lindstrom' s property is located north of 21st Avenue (Lot 3 , Block 5) and the project being proposed does not affect Mr. Lindstrom's property. He stated that Mr. Lindstrom's work was not needed to solve a drainage problem. The Public Works Director stated that staff does not feel this project can be assessed; but it is a funding option available, but then this project would require a public hearing. Robert Lindstrom, 2099 Foothill Trail, stated that on his side of the property, the surveyor did not get anything correct. He gave further information on what prompted him to install a culvert. He stated it was a working ditch and that was why he needed a culvert, Official Proceedings of the July 21, 1992 Shakopee City Council Page -7- but the ditches in the area don't seem to be working since the development of land south of his parcel. He stated he should not have to pay for a culvert that is subsidizing others. Mr. Lindstrom suggested allowing the neighboring residents to fill in their ditches to extend their property and then install a culvert closer to the road. Dan Talcott, 2117 Foothill Trail, stated that the City had made the property south of them build a berm and this berm had closed off the ditch. He added that if there would not have been a berm built on Lot 3 , Block 6, it would be flooded. Mr. Talcott stated he has an existing ditch that is out of easement, and has repeatedly notified the City about this. He added that due to these problems, they should not have to be assessed for any drainage improvement project. He added that the ditch should have been placed in the easement in the first place. Mr. Talcott stated his agreement with Mr. Lindstrom's request and stated Mr. Lindstrom really did not have a choice. He stated that he believes the reason these lots along the easterly side of Foothill Trail have not been sold is because of the ditch. He insisted the ditch be moved into the easement. Mayor Laurent asked for further comments from the audience. There were none. The Public Works Director responded to the concerns raised and discussion was held on extending this project to County Road 16. Cncl. Sweeney questioned what would have happened if Mr. Lindstrom had not constructed his culvert. The Public Works Director stated there was an existing culvert under 21st Street and if Mr. Lindstrom had not put in his culvert, the project would still have been constructed as proposed. The Public Works Director requested a legal interpretation on a resident maintaining a right-of-way for a period of years, if that property than did not become a part of the resident's property. The City Attorney stated more facts would be needed to establish commonlaw easement. Cncl. Sweeney suggested the City hold a public hearing to determine the amount of assessments and to determine if the project should be extended to County Road 16. He added that continuing the ditch seems to be unfair to some of the residents in the area. He stated there should be some assessment for this project. Official Proceedings of the July 21, 1992 Shakopee City Council Page -8- Mr. Lindstrom again spoke in favor of a culvert and the filling in of the ditch. Sweeney/Vierling moved that staff prepare a feasibility study for a complete storm sewer project extending from Heritage Drive to County Road 16 and then set a date for a public hearing. Motion carried unanimously. Vierling/Lynch offered Resolution No. 3632 , A Resolution Receiving a Report and Calling a Hearing on an Improvement to the VIP Interceptor from County Road 79 to the West Corporate Limits, Project No. 1992-9 , and moved its adoption. (Motion carried unanimously under consent business. ) Vierling/Lynch moved to authorize the appropriate City officials to take the necessary steps to provide the Public Works Foreman with a uniform allowance and health and life insurance contribution back pay consistent with that being provided to the employees covered in the Public Works Bargaining Unit. (Motion carried unanimously under consent business. ) _ Vierling/Lynch moved to approve the bills in the amount of $2, 032, 594 .47 (of which $1, 010, 443 .95 represents a transfer of funds. ) (Motion carried unanimously under consent business. ) The Public Works Director stated that staff is requesting authorization to retain a consultant to prepare a City-wide Stormwater Management Plan. He stated that the entire stormwater management/wetlands regulations are very complex that involve different governmental agencies. The Public Works Director stated that Shakopee belongs to four watershed organizations, and each of these organizations has prepared their own stormwater management plan. He added that these plans are difficult for staff to understand and administer and makes it even more difficult to explain to developers. The Public Works Director stated that the project is estimated to cost $100, 000. 00 and will take about 12 months to complete. He added that staff is recommending utilizing the Storm Sewer Utility Fund to fund this study. Discussion was held on the dollar amount in the Storm Sewer Utility Fund. - - -- - - The Public Works Director stated the balance in the Sewer Utility Fund is $1. 6 million. He added that a portion of this has been earmarked for continuation of the Upper Valley Drainageway. Vierling/Sweeney moved to authorize the appropriate City officials to execute an agreement with Orr-Schelen-Mayeron & Associates for preparing a Comprehensive Stormwater Management/Wetlands Management Official Proceedings of the July 21, 1992 Shakopee City Council Page -9- Plan at a not-to-exceed cost of $100, 000.00. Motion carried unanimously. The City Clerk stated that at the July 7, 1992, City Council meeting, the Council had nominated individuals to fill various positions on City commissions and boards. She stated that James Revere who had been nominated for a position on the Planning Commission has indicated that he is not able to serve on a board or commission at this time and has withdrawn his application. The City Clerk stated that the Councilmembers have voted on their nominations, and the results are as follows: four votes for Gayle Madigan to complete an unexpired term, ending January 31, 1993 , on the Shakopee Planning Commission and four votes for Clifford Stafford to fill an unexpired term, ending January 31, 1995, on the Energy & Transportation Committee. [Planning Commission: Gayle Madigan: Sweeney, Vierling, Beard and Mayor Laurent Anne Tuttle: Lynch Clifford Stafford: None Energy & Transportation Committee: Clifford Stafford: Sweeney, Vierling, Beard and Mayor Laurent Gayle Madigan: Lynch] Beard/Vierling offered Resolution No. 3631, A Resolution Appointing Individuals to Various Boards and Commissions, and moved for its adoption. Motion carried unanimously. Vierling/Lynch offered Resolution No. 3630, A Resolution Setting the Public Hearing Date to Consider the Vacation of a Portion of Minnesota Street North of the Alley Located North of the Street, and moved for its adoption. (Motion carried unanimously under consent business. ) Vierling/Lynch offered Resolution No. 3629, A Resolution Setting the Public Hearing Date to Consider the Vacation of the Alley in Block 10, East Shakopee Plat, and moved for its adoption. (Motion carried unanimously under consent business. ) Vierling/Lynch offered Resolution No. 3638, A Resolution Authorizing Deliveryof a Deed to Extinguish an Easement, and moved for its adoption. (Motion carried unanimously under consent business. ) Vierling/Lynch offered Resolution No. 3636, A Resolution Amending Resolution No. 3496 Adopting the 1992 Budget, and moved for its adoption. (Motion carried unanimously under consent business. ) Official Proceedings of the July 21, 1992 Shakopee City Council Page -10- Vierling/Lynch offered Resolution No. 3634, A Resolution of Special Commendation to Donald Bisek, and moved for its adoption. (Motion carried unanimously under consent business. ) Vierling/Lynch offered Resolution No. 3635, A Resolution of Special Commendation to Harold Pass, and moved for its adoption. (Motion carried unanimously under consent business. ) Vierling/Lynch offered Resolution No. 3633 , A Resolution Accepting Bids on the 1992 Pavement Preservation Program, Project No. 1992-8 , and moved for its adoption. (Motion carried unanimously under consent business. ) Vierling/Lynch moved to authorize the appropriate City staff to increase the contract quantity by a maximum of 25 percent by adding additional streets to the project as long as the total pavement preservation budget does not exceed the $75,000.00 budgeted amount. (Motion carried unanimously under consent business. ) Vierling/Lynch offered Resolution No. 3639, A Resolution Accepting Bids on Apgar Street, 6th Avenue to 1st Avenue; 2nd Avenue between Atwood Street and Pierce Street; and Pierce Street between 2nd Avenue and 3rd Avenue, Project No. 1992-6, and moved for its adoption. (Motion carried unanimously under consent business. ) Vierling/Lynch moved to approve a contingency in the amount of 10 percent for use by the City Engineer in authorizing change orders on this project. (Motion carried unanimously under consent business. ) The City Admn. reported on correspondence received from Rahr Malting Co. , dated July 20, 1992, outlining various courses of suggested actions relative to the construction of their own sewage plant. The City Admn. stated due to a series of problems, they cannot build their own sewage plant at this time. He added that this sewage plant is needed for Rahr's new malthouse, currently in construction. The City Admn. stated that Rahr is requesting the City to construct the force main. He added they are also asking that any Sewer Access Charges collected because of the construction of the new malthouse be based on observed flow increases rather than theoretical flow from this malthouse. _ Sweeney/Lynch moved to authorize staff to conduct more detailed studies and prepare the necessary documents relating to the issues identified by Rahr Malting in their letter dated July 20, 1992. (CC DOC /193) . Motion carried unanimously. The City Admn. stated that certain staff decisions will have to be authorized as the City Hall renovation project continues. He Official Proceedings of the July 21, 1992 Shakopee City Council Page -11- stated they are running into some unknowns where administrative decisions are necessary. The City Admn. stated that all these decisions that must be made are to be made immediately, which makes City Council input difficult. Sweeney/Heard moved to direct staff to continue to make minor adjustments to the City Hall renovation plan as is necessary. Motion carried unanimously. The City Council adjourned its meeting at 9:30 p.m.It 4111P "ilk C ' . J h S. Cox Ci Clerk Jane VanMaldeghem Recording Secretary _ _. 4lo . a . E Kmart Corporation International Headquarters 3100 West Big Beaver Road Troy MI 4808 4-31 63 July 28, 1992 Honorable Gary Laurent 129 East 1st Avenue Shakopee, Minnesota 55379 Dear Mayor Laurent: This correspondence serves as written notice that the Shakopee Distribution Center, 901 Canterbury Road, #83, Shakopee, Minnesota 55379 will experience a permanent reduction in the work force. Relocation will be offered to all employees but if declined, terminations will take place on October 16, 1992 for 61 employees and November 27, 1992 for 54 employees. Each employee will be provided with his/her written notice of termination. Job titles and numbers are as follows: October 16, 1992 General Warehouse Employees 56 Housekeeping Employees 4 Clerical Employees 1 61 November 27, 1992 General Warehouse Employees 53 Housekeeping Employees 1 54 Please be advised that bumping rights are non-existent. Should you desire additional information, please contact John Spinks, Manager, Distribution Center Human Resources, at #(313)643-1733. Sincerely, Richard d L. Kalajian RLK/le cc: J. Spinks, KIH Action Requested: Receive and file correspondence from K-Mart dated July 28, 1992 regarding work force reduction. /3a . P 0 . q��"S SHAKOPEE/PRIOR LAKE 2,` 1HOCKEY ASSOCIATION u 1 ' P . 1i. July 29, 1992 �OCKIP , To the City of Shakopee and Shakopee City Council: It has been four months since our organization last appeared before the Shakopee City Council at which time we presented our case for the construction of a new indoor ice arena. In that time the Shakopee Bubble suffered vandalism In April, a near weather-related collapse in May and in June heavy winds brought the bubble crashing down once again. Also during this time there has been much discussion surrounding our proposal, but little progress has been made. We have been told time and again that we must wait and follow the process. ForgWe us please, but we can no longer wait. We believe our organization has been extremelyntimes overin the he topic rs. Theffact permanent indoor Ice arena has been talked about and proposed yyea is, the Bubble is dead. Our program will also be if a decision in favor of constructing a new facility is not reached immediately. We understand this is a difficult decision for the council. Many of you may be worried about encountering negative criticism if a favorable vote is reached. The old saying-you can never please everybody is certainly true. There will criticism no matter the outcome of the vote. If, however, the project is sound and the community will benefit as a result, a favorable vote will always stand tall. I have spoken with each councilmember indMdually. Not one councilperson could give me any reason why a separate Ice facility could not operate as well as one in a community center concept. We truly believe this is a WIN-WIN project. At$450,000 and no on-going maintenance costs the City of Shakopee will never see a better deal. Chaska's new arena cost$1.5m and is a much smaller facility, Lakeville's new arena proposal will cost$2.1m and Eden Prairie's second arena will cost$2.0m. It Is true our proposal is only the first phase, however we are a resourceful and dedicated organization with plans for future improvements. How can you lose? Finally, we ask that you open your minds to our request and again not worry about what your friends and neighbors might say. We fed with an open mind the proper decision becomes quite dear. A project such as this which will greatly benefit our community's youth, promote off-season tourism, improve our local economy, is self-sustaining and is financially economical can only render a favorable vote. How can you lose? This package includes our proposal as well as some materials which will provide for you a glimpse of what the planned facility would look like. Please feel free to call me with any question prior to the August 4th, 1992 meeting. Sinrirely, g./ ,-f i f •••, . - -1 David S. Kaufenberg / Shakopee Valley Ice Arena i/ SPL Youth Hockey Asenriation 964 S. Clay Street Shakopee, MN 55379 (H) 445-4358 (W) 829-6223 PROPOSAL FOR NEW SHAKOPEE INDOOR ICE FACILITY PROPOSAL Shakopee Valley Ice Arena and Shakopee/Prior Lake Youth Hockey Association recommend that the City of Shakopee approve at this time expenditures up to$450,000 for a new indoor ice faclfty. The faclity would be constructed for the 1992-93 hockey season and under the following requirements and agreements: A. GENERAL FACILITY REQUIREMENTS 1. Located at current site of'Shakopee bubble'. 2. Pre-engineered, pre-fabricated wall system. 3. Behlen style convex roof system. 4. Building size of 120' wide x 250' long x 24' high. 5. Would attach to existing block building. 6. Wald include all appropriate lighting. 7. Would include appropriate fire protectIon system. 8. Would meet all AD.A requirements. 9. Will utilize all other existing equipment not mentioned above. B. CONTRACTUAL AGREEMENTS Shakopee Valley Ice Arena would sign a contract with the City of Shakopee agreeing to the following: 1. Shakopee Valley Ice Arena will donate to the City of Shakopee all existing refrigeration equipment, Zamboni, hockey boards, scoreboard and other internal equipment, which at replacement value is worth in excess of$300,000. 2. Shakopee Valley Ice Arena will be responsible for Pb!.on-going maintenance and operating expenses with absolutely NO costs being incurred by the City of Shakopee. 3. If any profits are realized after each fiscal year-end, all such profits will go into a facility trust fund to be used solely for future ice arena improvements. 4. The Shakopee Park and Recreation Department may, if they so choose, be involved in and an approver of the annual Ice hours schedule. 5. The Shakopee Park and Recreation Department, Shakopee school district and any other city organizations may use the ice arena facility during the off-season (May-August) free of any rental costs. (Exceptions being, costs resulting from damage or excessive Utility costs.) 6. The Shakopee Valley Ice Arena commission will not ask the City of Shakopee for any additional funds for a minimum period of 10 years after date of Initial contract. The only possible exception to this may be some shared costs relating to common parking area surfacing. 7. Shakopee Valley Ice Arena will provide to the City of Shakopee all annual financial results. 8. In return for operating this facility, the City of Shakopee and the Park and Recreation Department will agree to wave the Shakopee youth recreational participation fees for the Shakopee Youth Hockey program. 9. Shakopee Valley Ice Arena has an emergency equipment-maintenance and repair tout fund In the amount of$60,000. The Valley Ice Arena commission agrees to keep this fund Intact for It's original intended purpose only. 10.Should Shakopee Valley Hockey start up a new pull-tab operation, all funds received will be donated to the arena facility improvement trust fund only. No pull-tab revenues will be used to off-set youth program costs. C. FUNDING OPTIONS We are recommending that a new Indoor Ice arena be funded from one or more of the following available city funds. 1. T.I.F. Trust Fund -Cash balance at 6/30/92$6.3M (does not Include 1992 interest). Fund usage definition: Promote economic and recreational development and re-development. 2. Capital Improvement Fund -Cash balance at 6/30/92 S2.6M1 (does not include 1992 interest). Fund usage definition: Allow for new construction, additions and improvements on any public or recreational buildings. May also be used for larger city and public equipment purchases. 3. General Fund - Excess fund balance at 12/31/91 $600K (current month balance not available). Fund usage definition: may be used for any lawful purpose. New ice arena brings less maintenance, lower utility costs, and the first league championship in 23 years. 4 ie ;.• II _ III1lllII11ll1hI. 4 ' 4,E 1t £fp Saint Mary's College of Minnesota sits nightmare for the school's maintenance All that changed on June 3rd, 1986 when among the wooded hills and bluffs that staff. the dome was deflated for the last time. overlook the Mississippi River. It sportsThis time it was on purpose. It was part "Keeping that thing inflated was a con of theground breakingceremonyfor a quiet vistas,wooded cross-country ski stant challenge," says Roger Connaughty, trails and a proud hockey history. The Saint Mary's facilities manager."Whenever new, permanent ice arena. Winona, Minnesota school has an enroll it snowed 2 inches,we'd have as many as The arena's design called for a two-phase ment of just over 1260 students,yet its =_ hockey alumni include Olympic skaters, j " . two NH L players and the former head \ � coach of the Minnesota North Stars. 4 ' � 1 1 I III I I I 1 I I I I -fi-1---1--1--1_1 1_ fir But history is no assurance of winning. g Until 1988,Saint Mary's hockey program had gone 23 years without a league title. 011. Talent,enthusiasm and good coaching were challenged by a lack of facilities. ,i, Literally a lack of facilities,for the school was one of the last college pro- eight guys on top of the air dome shov- construction schedule. The first phase grams not to have indoor ice at its dis- eling. Even took a snowblower up to 'involved building a 134-by-220-foot posal. That ended in 1981 with the ar- move snow. And if the dome sprung a- "shell" over the existing rink and re- rival of an air-supported hockey dome. little air leak,we'd have just an hour or 'frigeration equipment. This permanent While the dome was an improvement for two to fix it or she'd deflate on us.What ""shell"has Wells load-bearing, pre-cast the school's players and fans, it was a a mess!" concrete walls and an insulated Behlen roof system.Temporary bleachers pro '' . .' vide seating for about 500. The cost of -* '~ • phase one was S650,000. Phase two of lirconstruction,still in the planning stage, �`='' will include a new rink,locker room, public lobby and permanent seating for 850. Connaughty comments, "The first phase - - i III of construction got the school the bene- fits of a new arena for less money up front.When we get the funding, we can add all the finishing touches." At one time Saint Mary's had planned to build a less expensive metal building, but j building codes,aesthetics and potential operating costs made insulated concrete . 0 . walls and the insulated metal Behlen roof system a better solution. ���,_ 1 "I had never heard of Behlen before we isocyanurate for an R16 rating.Walls are care of any condensation." started this structure," notes Connaughty. eight inches thick,two inches of which Besides lower operating costs, mainte "Art Nichols, an ice arena consultant we is a sandwiched styrene for a total insu- worked with, recommended it. It's a lation value of R18.3. Although ice is nance has also been greatly reduced. nice system. You have a clean look in- now maintained onlyfrom October to "Now, one guy can run the arena and side the building, a low maintenance roof April, the design allows for year-round ice making system," notes Connaughty. outside, and your insulation inbetween." skating. "With that dome, we needed eight guys on call whenever they forecast snow.' Wayne Smith of W.Smith Architecture Saint Mary's new arena has had a big im The arena has had a good effect on local and Engineering Service,Winona,was the pact on heating costs. "To heat the old architect on the project. "The Behlen air dome we used 250 gallons of heating hockey interest. Both the youth league roof worked out well.We had a tight oil a day,"says Connaughty. "For the and the high school teams play at Saint Mary's. And how about the impact on construction schedule to make and the last two years,we heated the new arena Saint Mary's hockey program?Well,may Behlen people were very good to work just by the heat from the fluorescent with. And from a design standpoint,for lights. That was a nice savings, but we be the 1988 league championship the about the same cost as some other roof found that wasn't warm enough for our first in 23 years speaks for itself. system,we got a more finished interior." Minnesota winters. So,we've added some For additional information,contact gas unit heaters to make the building Behlen Mfg. Co., Box 569, Columbus, The roof has two inches of sprayed poly- more comfortable for fans and to take NE 68602-0569 (402-564-3111). t• ..........____. . _ 414. • l..y ;:"11_,,-45f440:..<*Jti?.ki► .+ . .!t^ 44111 1!..' T Braemer Arena,Edina,Minn. — \ J_ . IIIIIIiiw • f' - a ":...--.-....4_, ••= = =- a= _.mowv ' - A Mk �.`., ms`s J r _ VII - 111111111, `' � \� ai I-I , i Ridge Arena, Braintree,Mass. a k, . ` - - r ' 52'+ xr' 'xi x y aR y .ti , _ s.; F 'r wi P. : '. Clear Span Behlen Systems, economically designed for spectator and operator. It's no wonder so many ice arenas are being designed Wall construction is uniquely Behlen. You won't find with Behlen "stressed-skin" systems. Operators like any extra framework. All of the support strength is the uninterrupted spaciousness, the ease of planning, formed into the corrugated steel wall panels. Color- the economical extra space for seating, skaters' facili- coated wall panels are also available to add a finishing ties and consessions. touch to your building. The clear span capability of a Behlen system is not the Photos on the following pages show how well Behlen only reason why Behlen construction is so perfectly wall panels can be combined with conventional build- suited to rink design. You can include the advantages ing materials to achieve a variety of interesting archi- of a roof system that incorporates a finished ceiling, tectural effects.Interior finishing can be completed to condensation control and superior acoustics. meet a wide variety of requirements. From a profit standpoint, you receive a substantially reduced requirement for refrigeration and heating equipment. Heating and air conditioning costs can be cut as much as 30% because of the tight, bolted steel construction and efficient insulation above the ceiling chord.Savings add up fast and maintenance of the steel building shell is next to nothing. For the ice arena operator, there's the further benefit of"zone"temperature control . . . a method of direct- • r l ingair circulation to maintain ice qualityand, at the ' '' ',ti il, `` same time, permit spectators to sitin "shirt sleeve °I'�� ` Es q ` fig -- comfort". ,•"..,-,,s,. ..It- g _ di s. The Behlen Dubl-Pani is a flat-roof system that spans , {-mra . ideal for large municipal ice en _` i' '�?.k, up to 300 feet* i a g p arenas. ` ,G Or select the Convex . . . an arched roof system that „.. g -. , - „.,..,,y%_..,. —,,..,,..„,,.. ...,3Aof N .-4 ra = ti t' ? will span a 200* foot area. ;-S •r_ F _ .6'.1 .-..t.”' _ r›,„1"..:, `Depending upon load requirements. 2 The facility, at left, belongs to Bowling Green Univer- sity,Bowling Green,Ohio.This complex features three different ice surfaces. The main arena has an ice sur- - face 200'by 85'and is equipped with 3,000 permanent seats and room for a total of 7,000 seats(roof span of the facility is 296 by 180 feet). There is a separate figure skating studio 40 by 80 feet in size and a third a -- ; facility—the curling area,where four regulation curling .>>' ., • ice sheets have been installed. This is one of the most ....memo®r complete ice sports-recreation centers in the country. s_,... imiiiiimimm —. __ momProgramming includes ice shows, hockey, figure skat- ing, recreational skating, speed skating and curling. MAI -�"` - d:: ,--- `- ---ms„,„ .r�_ i.9' .z. ,2 ._ -- - — - ,.....00*--- ...4.4. 1> - • 1 1 4.*!'. - .d 2111,$, " ` - .1x -'' ' -- 7 . ,,. , --N, , _ : . I 4 - riiii - w.w j4ir. N. 1 With Behlen, there is no wasted space. Furthermore, Because a Behlen arena can be so efficiently insulated, interiors remain uncluttered and attractive. Photo it takes little refrigeration or heat to maintain a con- above illustrates how loudspeakers,lighting and other dant temperature. Contributing factors are: high re- equipment can be bolted directly to ceiling without flectivity of the steel shell;low"U"factor of insulation need of special ties or hangers.Much mechanical equip- sprayed-on wall panels and poured over ceiling;elimina- ment and electrical conduit is hidden from sight above tion of air movement through the exterior steel walls, the ceiling chord. and the air space between roof and ceiling. 3 Ridge Arena, Braintree, Mass. shown on this page, seats 1,800 on each side plus 1,100 in the balcony for a total of 4,700. The entire heating system is located above the 30'-high ceiling, between the Dubl- '~-~—____,.__ Pani roof system. Heat circulates over bleachers and balcony to maintain a comfortable 65° at spectator p188:agsNa level without affecting ice quality. ' - - Fluted steel wall panels,40'high,combine with mason- --� + I --4.,. ry to give a clean,modern appearance to the outside of ----__= the building. Overall size is 151' wide by 261' long. _ p s ..- �'< 3 . ,_ • ". r I iii I li i i A An inviting lobby annex creates a striking contrast to the massiveness of the main arena. When entering the —•--- _ arena, attention is immediately drawn to the wide, 4.. " Assmimmi clean, enclosed ceiling. 'r a Heat outlets extend at mid points from the ceiling to circulate warm air over seating areas. This controlled ° air circulation explains how warmer"zone" tempera- tures, of approximately 65°, were achieved without A • affecting the ice surface. Excellence of the mercury f vapor lighting is attributed to the high reflectivity tr� ' offered by the ceiling panels. �[ Ice making machinery in the new Ridge Arena is ade- ll ,i f' quate for year-round operation. In case of power failure,a 440 volt emergency generator can be immed- �I`,'! iately brought into service. Heat is provided by three, 750,000 BTU,gas heaters,located above the ceiling.A total of nine ventilating fans circulate and expel air. 4 Dubl-Pani and Convex roof-ceiling systems can be built on either masonry or Behlen walls and offer almost unlimited design ver- 1'—''' satility. Buildings on this page demonstrate a variety of wall materials that can be used. • ' VIViki 1.01Or iir sPIIIIIP". . i OS°W - ,. d �. so f� f I --f�--. f - `i Asa .� =s_ "1114*114111141 . k Even without acoustical treatment, Behlen arenas display excellent acoustical proper- ties.However,a spray coat of special sound- absorbing material will later provide really lb-iiiiiiii..._ exceptional sound control. The natural cor- rugation of ceiling and wall panels increases the total area for absorption and deflection of sound waves. _ ,._ IN : it.lailkip,......., . VITICIIN: pit h. Si Or: T3, i' E I •9�,r • ate•`- "- 5 Dubl-Panl System The Dubl-Pani roof is composed of two separate, con- aluminized.Both have long life,service-free advantages. tinuous chords of steel panels,joined by a light-weight Exterior wall panels may also be specified with a strut assembly. Strut and panel gauges vary in accor- factory-applied finish of durable "silicone polyester" dance with load requirements,resulting in an efficient, in a wide variety of colors. economical design. Depth of roof system varies with Rapid, simplified erection is an important feature of span and load requirements. Upon completion, the the Behlen Roof System.Individual panels are factory Dubl-Paul presents a highly finished appearance. The punched to match up with adjacent panels. The entire bottom chord forms a clean, finished ceiling. Top roof system is completed in a one-step operation. Fast chord forms a weathertight surface. erection means that interior finishing can start sooner, Dubl-Panl units can be specified either galvanized or resulting in earlier occupancy. -, � — j I I 4 �.. 1 ge i' ♦♦ • • ♦ ♦♦♦•♦•♦♦♦♦♦•♦ •••• •••• /„;l:// I;; 1 \/ - • I / i f SEATING =_ I RINK j — SEATING BEHLEN "DUEL-PANE" SYSTEM Behlen 3" corrugated panel, shown above, is a self- Condensation and fogging . . . the result of extreme supporting, load-bearing member formed from heavy- temperature variations and high humidity have always gauge steel. Bolted together, a series of panels form a created a serious problem in ice arenas.However, with complete, monolithic, weathertight shell. a Behlen structure the ceiling is easily "washed" with tempered air, it remains dry and free of condensation. TYPICAL DUBL-PANL ROOF STYLES All roof and ceiling panels are 3"corrugation. 1....t.-.- • vaz\mstee: > / , 6'8 5/8" . .: 9'-8 5/8.. \ 3'-8 5/8" , 1 Type A Type B 1 Type-C Span Truss Depth Type Truss Span Truss Depth Type Truss Span Truss Depth Type Truss 42' 10" 84' 10" 126' 10" — 48'-10" 90' 10" 132' 10" 54'-10" - 3'-8 5/8" A 96' 10" 138' 10" — 60'-10" 102' 10" 6'8 5/8" 8 144' 10" 9'-8 5/8" C 66' 10" 108' 10" 150' 10" 72'-10" 6'-8 5/8" B 114' 10" 156'156' 10" 78'-10" 120' 10"._ 162' 10" NOTE: For additional spans and technical data consult factory. 6 Convex System 4 V11°P- & ' ("401111144.'! ii. Wiz, -�rs'r - '�_ I i _ - �y� _ sir i - "_{_ _ _ _ __ IiV .„. r ;;A _. , ww.tietz, 10,40N r ir I -- :....,--!-4-11,-;,-,-„,,, 24.4.,....:412' ......„;_, , -27 . . ' L.r f . ' I r , , --- . --- _ _ _ - . wr.:1--a-a arriitEl„,. .!..;......,, ,,,, s.,.. _ Applith i For spans up to 200' in width, the Convex offers the advantage of surprisingly low-cost construction.In this 'v '' '''f"V V V V' 'VI,. system,stressed-skin panels are load-carrying members —.v.��•�• ���������.�AP.'r_.�� that form both finished roof and ceiling. Savings are ( .1-- �-- - .-_- .---- .-_- I - realized by arching the roof chord,allowing separation / between the chords to be greatest in the center of the _ span, and thereby reducing panel gauge.A light-weight ---_ "- __ strut system is designed primarily to provide partial -- _ — __- load stability. SEATING -_ RINK = SEATING Span-load charts for present pre-engineered Convex AIR IS EASILY CIRCULATED IN CONVEX SYSTEM roof spans are shown below. -: `` r1< 1111=1.6 ,sl�E a ifiC ?4 i i;#ri; TYPICAL DETAILS-30 lb./sq.ft.live load roof Roof Panel Roof Panel 3" Corr. 3"Corr.�I---` Overall Truss Overall Truss Depth B Depth B 1 t t Ceiling Panel] Type- 1 I Ceiling Panel Type- 2 3" Corr. 3"Corr. ,1 Span Radius Overall Truss Roof Ceiling Strut Eave Angle Span Radius Overall Truss Roof 'Ceiling Strut Eave Angle A" Depth B Gauge Gauge System D A" Depth B Gauge Gauge System D 40'' 65. 3'4 13/16" 17"55'12" 131' 10'8 3/4" 18°10'27" 50" 5'-3" Type 22'37'13" 141' 210' 12'-5 1/4" 18 20 19`36'58" 60'' 85' 5'8 21/32" 22 22 1 20"40'02" 151' 14'3 1/2" Type 21 04'16" 70' 120' 5'5 5/8" 16"57'28" _ 161' 252' 13' 5 7/16" 16 18 2 18°37,46„ 80' 7'-1 3/8" Type 2 19"28'16" 172' 15'49/16" 19°57'15" 90' 6'8 1/2" 16"20'05" 185' 14'-7 3/8" 17"39'16" 100' 160' 8'3 1/8" 20 22 Type 12'36"- 200' 305' 17' 1 5/16" 14 16 19°08'22" 110' 10'-0" 2 20"06'20" 'These spans are capable of 40/# Live Load without any modification. 120' 11' 11 1/8" 22"01'28" ''Radius represents curvature of outside roof panel. 7 Seating Capacities For Behlen `Stressed-Skin" Systems The information below illustrates how easily a Behlen aisle requirements have been made. These capacities building can be increased in size to provide extra seat- will vary depending on local code requirements.Build- ing for hundreds of spectators. Each of these examples ing lengths shown have been selected to provide the were based upon seating running the length and width same number of rows at both ends of the arena, as of the arena. Corners are not included.Allowances for on the sides. A rink area of 200' x 85' was used. V i it ' I I h& sa , ..-.-- .. ,. .: aillirjr %A� y.r TITVVIV Ii [. 85'-0" Rink Width 97'-0"Two 6'Aisles Building Size Seating(2 Sides) Seating(1 End) Building Size Seating(2 Sides) Seating(1 End) 110'wide x 220'long x 16' 720 162 160'wide x 270'long x 23' 3600 810 120'wide x 230'long x 16' 1200 270 170'wide x 280'long x 26' 4560 972 130'wide x 240'long x 16' 1920 432 180'wide x 290'long x 29' 5040 1134 140' wide x 250'long x 20' 2640 594 190'wide x 300'long x 30' 5280 1188 150' wide x 260'long x 21' 3120 702 — — Remember, every part of a Behlen roof and wall sys- "Stressed Skin" system. For additional information tem is either galvanized, aluminized or painted for a on costs of a Behlen system contact your nearest Beh- long service-free life. When planning your next arena, len dealer, or write directly to Behlen Manufacturing ask your architect to investigate the use of a Behlen Company. I End) 11 X• Manufacturing Company Columbus, Nebraska 68601 AD 1149/M N A Wickes Company Litho in U.S.A. "I - C is j Jtf: I J �. ., - j , 7/ 71, : d- pJ • 1 1,...`-.. J' rs:I't .1. '1 J: t:t'%f. • ;() .I= '` J1,i �. _,J, 'ti 0 , 1 =i ti%t ~f ( 1 li .4-741:4$5,;: :.•;•tY. ., ,) Y., :..fir r Y t'F The Butler-MacDonald 145,000 sq.ft. Office/Warehouse Distribution Center is located in Naperville, Illinois Contractor: Turner Construction Co., Special Projects Division, Naperville, IL Architect: Harris & Kwasek Architects, Inc., Palatine, IL Owner: Prudential Development Group, Chicago, IL Some investments really are Rock Solid Market Wise FAB CDN® Attractive,affordable precast prestressed concrete walls for durable,energy efficient construction. Member POI _ CERTIFICATION noR - 6111 West Highway 13 • Savage,Minnesota 55378 PROGRAM J (612)890-4444•Toll Free(800)727-4444 Regional Offices•Chicago(312)773-4441.Detroit(313)349-1710.Kansas City(816)478-4440.Milwaukee(414)761-2323.Omaha(800)777-1105 PCI Plant Certified—Confirmed Capability to Produce Quality Precast/Prestressed Concrete Products , 1 111 I li i•I „.,..:::,‘..4-..:..., III I tf tir. �n i III 1 '� � 14 .. r.. r2 I I ;l• �i 4• '- 1 t11 1 '.� II , lis I l I'j ,' �� I{ .'. • I -.f d-K 1 _. •t T.,. i fit. • y+ <fi .,1,4 $ t ', ' { '‘'::':2441- u l ;top 1 FJ� 1").r:112‘ �j ' tq •,.riFy �T .. 6 .y / .i.e'::'":_ "J." - •-• : F •,,4-.-1;‘ SL 1 Two Office Warehouse Distribution Centers located in West Chicago, Illinois Building One — 1178'x247'occupied by Unisys Corporation • Building Two — 1178'x 212'occupied in part by AT&T Owner: Blackhawk Center Limited Partnership Architect: Busche& Markson, Mt. Prospect, Illinois Twelve acres enclosed on-time and on-budget would be enough for some, but we believe appearance is part of performance. FAB CON Attractive,affordable precast prestressed concrete walls for durable,energy efficient construction. �il=ci 6111 West Highway 13 • Savage,Minnesota 55378 • (612)890-4444 'CERTIFICATION Out-of-State Toll Free(800)328-2970 • In Minnesota(800)352-2811 PROGRAM 0 Regional Offices • Chicago(312)773-4441 • Milwaukee(414)483-0790 V'IU Le y _reg ,e6,1,14- V/i Y -L .. -Ge- SCliel)Ote " OF ffov,e5 TTL kkei/AsED 110045 SPL. VO0-r-i4 b?O e KCC 530 53 ) SPS "Foam A- tv1 ENTS e!o 7 % 511A gag-6 141 Uf 5CftoOL /00 10 h 5HAKoP6-E P161J.5 LEAGttE 50 5 Vo 5i►RKoPEE/Lto, 5 DPEt5Kfrrime 30 3 SNAKoPEE 'PARK '1- Pec-- ao a °l s4iQKoPEE latvAUN t1 / 5OB--i6L 796 s0 a/c. LA-Ke L/ILLE Voofll /lOCK6-Y / DO /O -"ie /IA/ Yet/7H f/ xe y / 00 /0 910 tLL5C. GR-00Ps 1/ --- oT116.ke 508-Tf4L a0I/ 020 Ck�Wlo 10--L 4)'s / O00 Aoo c/c. I /[�J � L MEMO TO: Dennis Kraft, City Administrator FROM: Dave Hutton, Public Works Director Oi SUBJECT: Traffic Signal at County Road 16 and County Road 83 DATE: July 29, 1992 INTRODUCTION & BACKGROUND: Council Member Beard has requested that City staff make a request to Scott County for a traffic signal warrant study at the interesection of County Roads 16 and 83 . Several years ago the City Council made a similar request to Scott County and the results of that study were negative. Since that study was completed, the amount of traffic on County Road 83 has changed considerably due to the impacts of Mystic Lake Casino on local traffic patterns. Therefore, staff also feels that a more current warrant study should be done. ALTERNATIVES: 1. Direct staff to request a traffic signal warrant study of this intersection through Scott County. 2 . Deny the request. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Move to direct City staff to submit a formal request to Scott County to complete a traffic signal warrant study for the intersection of County Roads 16 and 83 and to report back to the City Council once the results are known. DH/pmp SIGNAL COI\ISEI\IT /3 c. MEMO TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk RE: Temporary Beer License - Jaycees DATE: July 30, 1992 INTRODUCTION AND BACKGROUND: The city has received an application from the Shakopee Jaycees for a temporary 3 .2 beer license for August 8, 1992. The Jaycees will be selling beer at Lions Park during Derby Days. The application is in order. RECOMMENDED ACTION: Approve the application and grant a temporary On Sale Non- Intoxicating Malt Liquor License to the Shakopee Jaycees, Lions Park Southeast Shelter, for August 8, 1992 . #/ 3 c. ',ONSET MEMORANDUM TO: MAYOR AND MEMBERS OF THE CT OUNCIL FROM: Karen Marty, City Attorney/ / DATE: July 31, 1992 RE: Contract with Bossardt Corporation Attached is the contract negotiated with Bossardt Corporation to provide the construction manager services for the new City Hall. This provides for a maximum fixed fee of $36, 500. This project has previously been approved, but we now need authorization for the appropriate City officials to sign the contract. ACTION REQUESTED: Move to authorize the appropriate City officials to execute the contract with Bossardt Corporation to provide construction manager services for the new City Hall . [31K] CONSULTANT CONTRACT THIS AGREEMENT, made and entered into this day of August, 1992, by and between the City of Shakopee, a municipal corporation of the State of Minnesota, hereinafter referred to as the "City" with offices at 129 E. 1st Avenue, Shakopee, Minnesota 55379, and Bossardt Corporation, hereinafter referred to as the "Consultant" with offices at 7400 Metro Boulevard, Suite # 400, Edina, MN 55439. WITNESSETH: THAT, WHEREAS, the City of Shakopee desires to engage the Consultant to render certain technical and professional services hereafter described in connection with a project more particularly described as the new Shakopee City Hall; and WHEREAS, the Consultant made certain representations and statements to the City with respect to the provision of such services and the City has accepted said proposal. NOW, THEREFORE, for the considerations herein expressed, it is agreed by and between the City and the Consultant as follows: 1. Services. The City agrees to engage the services of the Consultant and the Consultant agrees to perform the services hereinafter set forth in connection with the project and described in Exhibit A. 2 . Addition to Services. The City may add to the Consultant services or delete therefrom activities of a similar nature to those set forth in Exhibits A and B, provided that the total cost of such work does not exceed the total cost allowance as specified therein. The Consultant shall undertake such changed activities only upon the direction of the City. All such directives and changes shall be in written form and prepared and approved by the office of the City Administrator and shall be accepted and countersigned by the Consultant. 3 . Exchange of Data. All information, data, and reports as are existing, available and necessary for the carrying out of the work, shall be furnished to the Consultant without charge, and the parties shall cooperate with each other in every way possible in carrying out the scope of services. 4 . Personnel. The Consultant represents that the Consultant will secure at the Consultant' s own expense, all personnel required to perform the services called for under this contract by the Consultant. Such personnel shall not be employees of or have any contractual relationship with the City except as employees of the Consultant. All of the services required hereunder will be performed by the Consultant or under the Consultant's direct supervision. None of the work or services covered by this contract shall be subcontracted without the written approval of the City. 5. Term. The services of the Consultant shall commence as soon as practicable after the execution of this contract and shall be undertaken and completed in such sequence as to assure their expeditious completion in the light of the purposes of the contract, but in any event, all of the services required hereunder shall be completed as set forth in the schedule for the project which is attached hereto as Exhibit A. 6. Pay. The City agrees to pay the Consultant in accordance with the terms set forth in Exhibit A, which shall constitute complete compensation for all services to be rendered under this contract. No change shall be made unless there is a substantial and significant difference between the work originally contemplated by this agreement and the work actually required. 7. Termination. If, through any cause, the Consultant shall fail to fulfill in timely and proper manner the Consultant's obligations under this contract, or if the Con- sultant shall violate any of the covenants, agreements, or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Consultant of such termination and specifying the effective date thereof, at least five (5) days before the effective day of such termination. City may without cause terminate this contract upon 30 days prior written notice. In such event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports or other materials prepared by the Consultant under this contract shall, at the option of the City, become its property, and the Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Notwith- standing the above, the Consultant shall not be relieved of liability to the City for damages sustained by the City by virtue of any such breach of the contract by the Consultant. 8. Assignment. The Consultant shall not assign any interest in this contract, and shall not transfer any interest in the same, without prior written consent of the City thereto. 9 . Confidentiality. Any reports, data, or similar in- formation given to or prepared or assembled by the Consultant under this contract which the City requests to be kept as confidential shall not be made available to any individual or organization by the Consultant without prior written approval of the City. 10. Interest. The Consultant covenants that it presently has no interest and shall not acquire any interest, direct or 2 indirect, which would conflict in any manner or degree with the performance of services to be performed under this contract. The Consultant further covenants that in the performance of this contract no person having such interest shall be employed. 11. Discrimination. The Consultant agrees in the per- formance of this contract not to discriminate on the ground or because of race, color, creed, religion, national origin, sex, disability, age, marital status, or status with regard to public assistance, against any employee of the Consultant or applicant for employment, and shall include a similar provision in all sub- contracts let or awarded hereunder. 12 . Independent Contractor. The Consultant is an inde- pendent contractor and nothing contained herein shall constitute or designate the Consultant or any of the Consultant' s agents or employees as agents or employees of the City of Shakopee, Minnesota. 13 . City Benefits. The Consultant shall not be entitled to any of the benefits established for the employees of the City nor be covered by the Worker' s Compensation Program of the City. 14 . Liability and Indemnity. The parties mutually agree to the following: a. In no event shall the City be liable to the Consultant for special, indirect, or consequential damages, except those caused by the City' s gross negligence or willful or wanton misconduct arising out of or in any way connected with a breach of this contract. b. The Consultant shall defend, indemnify, and hold the City harmless from and against all claims, losses, and liabili- ties arising out of personal injuries, including death, and damage to property, which are caused by the Consultant arising out of or in any way connected with this contract, including professional errors and omissions. The Consultant further agrees to defend, indemnify, and hold the City harmless from and against any claims, losses and liabilities arising out of the award of this contract to the Consultant. c. The Consultant assumes full responsibility for relations with the multiple prime contractors. 15. Notices. All notices required or permitted hereinunder and required to be in writing may be given by first class mail addressed to the City and the Consultant at the address shown above. The date of delivery of any notice shall be the date falling on the second full day after the day of its mailing. 3 16. Jurisdiction. This agreement and every question arising hereunder shall be construed or determined according to the laws of the State of Minnesota. Executed the day and year first above written. CONSULTANT CITY OF SHAKOPEE, MINNESOTA By By Mayor By City Administrator By City Clerk Prepared By: Karen Marty City Attorney 129 E. 1st Ave. Shakopee, MN 55379 4 EXHIBIT A The Consultant shall provide construction manager services to the City as more fully described in Exhibit B attached hereto. As a part of these services, the Consultant shall perform the following: 1. Recommend hiring prime construction contractors as needed. These contractors shall be Shakopee businesses or residents whenever price and all other qualifications are equal . 2 . In hiring prime construction contractors, the Consultant shall seek qualified bids, in a sufficient number to provide a choice of bidders. 3 . The Consultant shall answer directly to Dennis Kraft, City Administrator of the City of Shakopee. In the event a conflict arises between the architect, Consultant, Intra Design, or a prime contractor believes is appropriate, the City Administrator shall have the controlling opinion. He may delegate this authority as he chooses. 5 EXHIBIT B 1. Construction Services Compensation. Compensation for construction management services shall be for a fixed fee of 8% of construction costs based upon the estimated project budget cost of $417 , 000 . However, in no event shall the total amount of the fixed fee paid by the City exceed $36, 500 . The amount of the fee shall become fixed at the completion of the Design Phase once the project scope has been determined. 2 . Reimbursable Expenses. Compensation for reimbursable expenses shall be in addition to the fixed fee. A detailed budget of all reimbursable expenses will be prepared by the construction manager for the City' s review and approval prior to the start of construction. Reimbursable expenses shall include on-site management costs, on-site office costs and other miscellaneous costs including costs of reproductions, postage, and other related fees. 3 . Payment Schedule. The fixed fee of $36, 500 shall be paid in seven equal monthly installment payments beginning in June 1992 . The seven month period is based on an anticipated three-month pre-construction phase and a four-month construction phase. [31K] 6 MEMO TO: Honorable Mayor and City Council FROM: Dennis R. Kraft, City Administrator RE: Award Bid for the Elevator for the New City Hall DATE: July 30, 1992 A representative from the Bossardt Corporation will be at the City Council meeting on August 4th to be provide the Council with an award bid recommendation for the elevator. / .iiI / /..-55a BOSSARDT CORPORATION Professional Construction Managers August 4, 1992 City of Shakopee 129 First Avenue Shakopee, Minnesota 55379 ATTENTION: Mr. Dennis Kraft RE: SHAKOPEE CITY HALL RECOMMENDATIONS FOR CONTRACT AWARD - BID PACKAGE #1 Dear Mr. Kraft: Based on the bid results and results of our pre-award conference with the apparent low bidder, we are making recommendation for award of the following trade contract. This recommendation was reviewed with the Architect as well. We are pleased to report that very few irregularities were found in the bids received, and the project remains on budget. We have enclosed the bid results, with a copy of the proposal from the contractor recommended for award. A summary of our recommendation for award is as follows: 1. ELEVATOR - Minnesota Elevator, Inc. Base Bid $ 37,832 . 00 Bond Cost 341. 00 Contract Sum $ 38, 173 . 00 Note that Minnesota Elevator's bid is for a voluntary alternate Jackhole Hydraulic Elevator, which was not approved by the architect within the seven day prior approval clause contained in the specifications. We recommend that the City waive this informality. 7400 Metro Boulevard • Suite#40(1 • Edina.MN 55439 • (612)831-5408 • Fax(612)831-1268 ?rf..3.11 City of Shakopee August 4 , 1992 Page 2 The City Council ' s approval of these bids at their August 4 , 1992 meeting will allow the project to proceed on schedule. Thank you, and please call with any questions. Yours very truly, C);/-- P-e-AA'CuL Jim Perras Senior Project Manager JP:dg Enclosures CC: City Council w/enclosures Tammy Eaglebull w/enclosures Judy Cox PROJECT: SHAKOPEE CITY HALL BID ANALYSIS SHEET DATE: JULY 30, 1992 SECTION: ELEVATOR 1 I 2 3 4 5 APOLLO LAGERQUIST MINNESOTA MONTGOMERY ELEVATOR ELEVATOR ELEVATOR BASE BID $48,319 $46,856 $37,832 $44,890 LABOR ONLY INCL. INCL. INCL. I INCL. MATERIAL ONLY INCL. INCL. INCL. INCL. BOND COST $582 $59 $341 $57 TAX INCL. INCL. INCL. INCL. BID BOND YES YES YES YES ADDENDUM — #1 YES YES YES YES TOTAL $48,901 $46,915 $38,173 $44,947 ALTERNATES 1/8/93 Completion GENERAL INCLUSIONS GENERAL EXCLUSIONS NOTES Qualified bid Bid Minnesota brand Qualified bid with a Problems with the equipment as a January 1993 specified schedule voluntary alternate completion FORM CF PROPOSAL Section: 00300-1 Date: 7/30/92 To: CITY OF SHAKOPEE 129 South Holmes Street Shakopee, MN Re: SHAKOPEE CITY HALL The undersigned, having carefully examined the site and local conditions and the Contract Documents, including Advertisement for Bids, Instructions to Bidders, Contract Forms, General Conditions, Supplementary Conditions, Specifications and Drawings, and Addenda Nos. 1 , , as prepared by the Architect, Scarman Krccs Pfister&Associates, Inc., hereby propose(s) to furnish labor, material and equipment for Trade Contract Number 1 , as specified in Section 01010: Seat ion 14200 Hydraulic Elevator and to perform such Work in accordance with the Contract Documents for the stipulated sum of: Thirty seven thousand eight hundred thirty two Dollars ($ 37,832.OQ) The lump sum cost to provide a Performance Bond and Payment Bond is Three hundred forty one Collars ($ 341 .00 ) We understand the construction manager's function as described and realize that each trade contract is directy with the owner. We have reviewed the progress schedule requirements and hereby endorse them as they apply to the work of this Trade Contract. Amendments to the progress schedule and reasons are as follows: None Required For changes in the work, the value cf which is determined by a method provided in Subparagraph 7.3.3 of the General Conditions and Section 008CO, I agree that the Contract Sum shall be adjusted by the amount of our direct cost for the work involved, plus 10 percent for overhead and profit, not to exceed the percentages specified in Section 00800. Above bid is contingent on owners acceptance of "Minnesota" brand equipment in lieu of the specified Cemco Elevator, Inc. FORM OF PROPOSAL Section: 00300-2 M addenda shall become part of the bid and the Work. The Contractor shall insert the addenda numbers in the space provided where indicated on the first page of the Proposal. In submitting this Proposal, it is understood that I agree to: 1) Hold this Proposal, including alternates, open for a period of not less than 30 days from the opening thereof 2) accept the provisions of the Instructions to Bidders; 3) enter into and execute a Contract, if awarded, on the basis of this Proposal; 4) to furnish Guarantee Bonds in accordance with Article 7 of the General Conditions; and 5) if awarded the Contract, to complete the work in accord with the Contract Documents within the time stipulated in this Proposal. Firm Name MINNESOTA ELEVATOR. INC. By: _ Chris Anderson - Estimator (Typed Name and Title) Official Address (Typed or Printed) P.O. Box 443 Mankato, MN 56002 Telephone (507) 245-3060 -5 21.q,_7?7 1--) Fax: (507) 245-3056 END OF SECTION 1.3c- CONSENT 3cCONSENT 1992 is early in the year and there are no anticipated "budget versus actual expenditure" problems at this point. There are checks on the list for five firefighters to attend conference/schools. 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Z N 9.c-- r rr rr rr e.1- D 3 MZ r D 20 0 m w r co m MM m Z D N 'Ti r 3 rn N) Cl) 3 -11-1 m N f2^ Co OW N 169. C) r1 1-4-1 N N > N C V X0 20 C) N C) m Z OX co m C) rr C) W 20 -1M < 2N 0 2N 1 M-1 0 0 2 z 20 Cl) 0 OC Z QC Z Z C 0 1 rr A < 20-4 20 OW OW 170 rr 0 y 20 ',1X 'n rN 20 rN -TI 20 'V r —I I-I 01 0 Or m Nrr 730 -7 N 4-4 v Cl) 0 N V 0 0 1 20 1 -1 0 Z 0 0 0 w 00 V 00 0 00 0 00 0 0 00 0 0 0 0 D r r r rr r rr r rr r rr r r rr r r r r C) I I , 1 I I 1 1 I 1 1 1 1 I I 1 1 1 1 1 1 1 C) A A A WW W AA W AA A AA A A WW W A A A 0 N W N 00 C) cow 0 NN N WW W N 00 ()1 0 W N C r (O r AW 0 (OW A rr r (OW Co W (DA A r CO W Z 0 r (O O(0 r 00 N 00 0 00 0 0 V0 N r 0 N 1 I I I 1 1 I 1 1 1 1 1 I 1 1 I 1 1 1 1 I 1 I w r N 00 0 ww 0 0)A Co ww r Co 00 0 A r Co Z r r CO 00 0 NN 0 NN A NN 0) N 00 0 r V r 0 w r (r 00 0 rr 0 00) r rr r N 00 0 r r r I 1 ) 1 1 I 1 I 1 I 1 I 1 1 1 1 1 1 1 1 1 I W r A 00 0 WW 0 0)A Co Ww r 0) 00 0 A r 0) rr r- r r 00 0 NN 0 NN A NN Co N 00 0 r V r Z (r 1,-.1-. (,J 0 CO A.A. 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N WW WW C WOW W Cor (0W Z 00.1 N 00 00 1 1 1 I I 1 1 1 1 OW0 a) WW WW Z 0(40 r NN NN 0 04-'0 r rr rr 1 1 1 I 1 1 1 1 OWO a) WW WW M 0(40 r NN NN Z V r A 1* 0 CO CO N - I • 0 O r CO it N M v N D * N G) * D rn s C,) 1 rn 0 CA -4 o 0 0 co co co co co co co 0 0 0 IOD Co CO CO OD H H H H H H H H H H H H H H H H H H Og . . . . . . . . . . . . . . w co w \O \O \O \O \O\O\O w \n \n \O \D \O \O \O ►' - \O \D \O N) N N) N N N N H H H N N N) N N) C+ 0 0 0 w 1 —1 H CO N 0 0 H H \n ON w H N . . . . . . . . . . . . . . . . . . �' -• -F" 0 0 0 0 0 0 0 H •F' O 0 0 0 0 n N N H 0 0 0 0 0 0 0 1 H H 0 0 0 0 0 n H H H 0 0 0 0 0 0 0 O\ H H 0 0 0 0 0 c+ • ,-" 0 0 0 0 0 0 0 H -P-- -P- 0 0 0 0 0 0 IV N H 0 0 0 0 0 0 0 1 H H 0 0 0 0 0 H `< OD 0 "xi 0 0 0 OD CO OD OD OD OD OD 0 0 0 OD CO Co Co co C'J H H C H H H H H H H H H H H H H H H H H H II 0 0 0 0 0 0 0 000 0 0 0 0 0 0 0 0 a ''d 0 H H H H H H H H H H H H H H H H H H H n P a) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C 'LI H H ,°' n H 'xi 'i 0 Lo 04 P• H H H c+ W O F O 1 \O N V \O \O O\ O\a\\n O OD O\ OD \O N w 0 1 H H w ON W \O 1 O\- O\ 1-' O\ ON W H N W 0 N \n \n \n 0 ON H ON \n \O 1 1 0 ON \n ON H \n OD 0 W O O O N w \n -P' Co -P' w O •fi' I--, Co O 1 H w 0 0 0 w 1 O\ N Co N N CO 0 0 0 0 0 w N) g c+ :' c lk O • -EA- ,CJI = 0 :I. = 7d x1 :V 7d 7d 'U C] (7 7d 71 71 z1 �7C 1 \nHO (D (D cD (D (D 'i W W (D (D lD (D (D (W d\1 B O i dH3BM r• F. r• r• r• M r• r• r• r• F. F. r p� W N O\ c+ c+ c+ c+ c+ c+ c+ c+ ct c+ ct ct c+ y 'd N 'd C7 U) 3 'TJ 'xi (D P P AC 0 "d U) 'xi Cn a U) tri (D I-1 (D H H K (D t'i I-I 1-1 W \7t 1 !) 7d H) 1-3 a o 1-3 < tri tr1 P 0 H 0 a W \n Co 0' a lD F. 9 ,n ,n H n a a CO o P � r1• • O (1) 0 (D H H M w w w w w w w www w w Co w Co w w w c) H OD Co OD Co CO CO CO OD OD OD OD OD CO Co OD Co Co OD x O\ ON ON 0\ O\ ON O\ O\ON ON O\ ON ON O\ ON ON O\ ON • N x- .F-- -F- . Co w w w co w w w w c41 w w N I.,-) N H 0 \D co 111 a\ \n 4 w N H 0 \O Oz C-4 b3 3 'd = 'V 0 : = 3 01 'J a 3 < O O 'V trj tzi 0 P O P- C7 C7(D H MO P n rn to, Od rn a 's a O 't7 r W 0 '1 a a a U)0 0 .n < a c+P K O a s .0 P. O to 0 O 9° cC 0 O OD 'i (D r•• Il M < 0 OJ (n cn M K Z 70 7C r• 3 () 7d x P 0'< U) N• C] • H < (1) CI) 0 x 11) 'O'1 H 0 x (D 0 cc) w r• (D 0 '0 \), (D '0 (D CO H (D (D 0 a (D 1 C) H N) H w 0 O 1 \O N 9 \O \O -F- O\ OD 0 OD O\ OD \O N w c+ 1 H H Co ON Co NO 1 OD H O\ ON w H N w • N \n \n \n 0 ON H ON N) 1 0 ON \n O\ H \n Oo w 0 O O N w \n -J w O H W O 1 H LA-) 0 0 0 w 1 ON N N co 0 0 0 0 0 Co N 44 13 CONSENT TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Request for Proposals for Audit Services. DATE: July 29, 1992 Introduction Council has directed proposals be solicited for 1992 audit services. Background Attached is a draft of the request for proposal (RFP) for 1992 audit services. The audit firm is hired by Council and responsible to Council. If Council desires any changes be made to the draft they should so indicate to staff. One item that Council may wish to discuss is the level of auditing and the opinion to rendered that Council wants. The recent audits have been of the combined financial statements and the combing and individual fund statements have been in relation to the combining. The effect is that the individual fund statements are not audited in as much detail and the auditor spends less time, uses less restrictive materiality criteria and takes less responsibility and liability for the detail statements. This is kind of a technical issue and is Council is satisfied with the past audits, it may want to continue with the combined statement opinion. The attached list of CPA firms is a suggested mailing list for the RFP. The list is based on firms known to be active in local government auditing. Council should discuss the process they wish to use in reviewing and ranking the proposals after they are received. Possibilities are; Committee of the Whole, Council committee, Council discussion, direction to staff on ranking criteria, interviews, etc. It is strongly recommended that Council look at the qualifications of the firms first and the price last. Council is retaining professional services and an analogy could be made of not selecting a personal doctor or medical specialist on the basis of lowest price. Alternatives 1. Accept draft RFP. 2. Modify draft RFP. Recommendation Discuss draft RFP and give staff direction on the RFP and the selection process. Action Requested Discuss and give staff direction. August 4 , 1992 TO: PROSPECTIVE AUDITING FIRMS The City of Shakopee plans to hire a certified public accounting firm for a minimum three year period (fiscal years (1992-1994) to audit the City' s Comprehensive Annual Financial Report. Enclosed is a Request for Professional Services that provides background information concerning the City of Shakopee, performance specifications for the audit, and explains the procedure for submitting proposals. Interested firms should submit proposals to Gregg M. Voxland, Finance Director, City of Shakopee, 129 East First Avenue, Shakopee, MN 55379 by , 1992 at 1: 00 p.m. Please send five (5) complete sets of your proposal . Any inquiries concerning the Request for Professional Services or technical questions regarding the City' s financial reporting should be directed to Gregg M. Voxland, Finance Director at 445-3650. Sincerely, Gary L. Laurent Mayor REQUEST FOR AUDIT SERVICES CITY OF SHAKOPEE I. STATEMENT OF INTENT The City of Shakopee intends to hire a Certified Public Accounting firm for a minimum three year period (fiscal years 1992-1994) to audit the City's Comprehensive Annual Financial Report in accordance with the performance specifications described herein. Further, the City plans to continue its efforts to comply with Government Finance Officers Association Certificate of Achievement for Excellence in Financial Reporting program and expects that this standard will be maintained in future years. The City has received the award for the past ten years. II. CITY OF SHAKOPEE - GENERAL INFORMATION A. City Operations 1. Shakopee is a statutory city with a council- administrator form of government. 2 . With 11, 739 residents, Shakopee is the among the largest cities in Scott County and is the county seat. 3 . The City provides a full range of municipal services consisting of Public Safety (Police and Fire) , Public Works, Parks and Recreation. It also operates four enterprise funds, sanitary sewer and storm drainage utility funds and Shakopee Public Utilities Commission manages the electric (distribution) and water funds. B. City Staff 1. The number of full time permanent employees by division is as follows: General Government 16 Operations & Maintenance 22 Public Safety 22 Utility (SPUC) 16 Total 76 2. The Finance Department consists of the following full time permanent employees: Finance Director Senior Accounting Clerk Accounting Clerk C. Accounting System 1. Most revenue and expenditure transactions are accounted for on a cash basis during the year. At year end, adjustments are made to convert Governmental and Agency funds to a modified accrual basis and to convert Enterprise funds to a full accrual basis. 2 . Utility billing (storm drainage) transactions, general ledger and account payable functions, fixed assets and payroll are maintained on the LOGIS financial management system, a joint powers agency formed to provide municipal computer applications. Shakopee Public Utilities Commission (SPUC) is independent and operates the electric and water systems. It also bills for sewer and refuse service for the city. SPUC has its own audit performed. 3 . The estimated annual number of accounting transactions are as follows: 3 , 540 Receipts 5, 200 Accounts Payable Checks 2 , 650 Payroll Checks 7 , 000 Utility Bills 4 . Shakopee has the following fund types with number of each listed: General 1 Special Revenue 6 Debt Service 16 Capital Projects 11 Enterprise (2 SPUC) 4 5. Our current fee for the audit of the City and the Housing and Redevelopment Authority is $8, 300. The Firefighters Relief Association is not included. 6. The City has eight tax increment districts and no federal grants. III. PERFORMANCE STANDARDS A. General Audit Requirements: 1. Financial and compliance audits of all funds and account groups for fiscal year ended December 31, 1992 with extensions for 1993 and 1994 . City staff will prepare the majority of the year end work papers and draft copies of the financial statements, schedules and tables for the report. 2 . The auditor will express a written opinion on the combined financial statements, combining individual funds and account group statements. 3 . The auditor will perform a financial and compliance audit of the Housing and Redevelopment Authority as part of the CAFR. The HRA is staffed by city staff, the Commissioners are Council Members and its financial activity is integrated with the city's. Housing programs are handled by Scott County HRA. 4 . City staff will : a. Balance all general ledgers. b. Prepare a reconciliation of the bank account. c. Bank confirmation forms to be provided and filled in by the Auditors. d. Prepare schedule of bonds payable. e. Prepare an accounts receivable schedule. f. Prepare schedule of taxes and special assessments receivable by fund. g. Prepare a schedule of all investments. The schedule should list investments purchased and sold during the current year, and investments on hand at the end of the current year, including all interest earned on investments during the year, as well as interest earned but not collected as of the end of the current year. h. Interest earned on investments should be allocated to City funds and the transfer should be made prior to, or at, year-end. i. Prepare a schedule of interfund due to/from which tie into the general ledgers of the various funds. j . Prepare a schedule of contracts payable by fund and journalize year-end payables so that the general ledgers will reflect the proper amounts. k. Update fixed asset records and reconcile to general ledger accounts. 1 . The minute book should be up to date at the commencement of the auditors examination and copies of finance related resolutions will be made available. m. Prepare working trial balances for all funds from general ledgers. n. Supply additional financial and statistical information, not subject to the examination by the auditor, but necessary to substantially conform to the principles and standards of public financial reporting prescribed by the GASB. 5. The audit examination shall result in financial statements prepared in conformity with generally accepted accounting principles for local governments as determined by the GASB, the AICPA Industry Audit Guide for State and Local Governments. The audit shall also meet the minimum audit procedures prescribed by the Minnesota State Auditor pursuant to the provisions of NSA Chapter Six, the Single Audit Act of 1984 and OMB Circular A-128 . B. Timetable 1. A joint planning meeting city staff and the auditor will be held prior to November 30 of each year to establish target dates and work schedules for completion of the financial audit. 2 . The final audit report must be rendered no later than May 15, or within four weeks following completion of the City's work papers and account analysis. C. Reports 1. The year end report must include: - Comprehensive Annual Financial Report (CAFR) - Management Report or Letter 2 . The comprehensive Annual Financial Report format will be based upon the guidelines established for the Government Finance Officers Association (GFOA) Certificate of Achievement Program. 3 . The City will be responsible for the typing and printing of all financial reports. 4 . The CPA firm will meet with the Director of Finance for the purpose of reviewing its audit findings and recommendations prior to the issuance of the CAFR and management report or letter. 5. The auditor shall observe the adequacy of the system of internal control . If weaknesses are noted, appropriate recommendations should first be reviewed with the Finance Director and then included in a separate letter to the Finance Director. 6. The CAFR and findings of the Management Report must be presented to the City Council by the Auditor. 7 . The CPA firm must be available for unlimited telephone consultation or related financial matters at no additional charge. IV. AUDIT FIRM REQUIREMENTS A. The CPA firm must be a member of the American Institute of Certified Public Accountants and adhere to the AICPA professional standards of audit practices and conduct. B. The firm must have audited governmental units which are as large and as complex as the City of Shakopee in the past three years and must have the capability of assisting the City in retaining its Certificate of Achievement for Excellence in Financial Reporting from the GFOA. V. INSTRUCTIONS FOR SUBMITTING PROPOSALS A. Interested firms should submit, 1: 00 p.m. on XXXXXXXX x, 1992 , five (5) copies of their proposal to: Gregg M. Voxland, Finance Director City of Shakopee 129 E. First Avenue Shakopee, MN 55379 B. Proposals should include the following information: 1. A profile of the firm. Please state whether the firm is national, regional or local and identify the office which will perform the audit if different from the office which prepares the proposal. 2 . A statement of understanding of the work, a description of the audit approach, and an explanation of the audit procedure that will be used and a commitment to perform the work in the designated time period. 3 . A listing of the exceptions to the PERFORMANCE STANDARDS. 4 . A listing of the personnel proposed to supervise and perform the audit. This should include biographies, including relevant municipal audit experience, of the individuals who will be assigned to the engagement. 5. A listing of comparable Minnesota cities that your firm, or personnel in your firm, have audited in the past three years and the names of contact people in each city. 6. A proposed fee schedule for each year in the three year period, including a not-to-exceed amount for the 1992 fiscal year audit. The proposed fee schedule should include proof reading and math checking of a typed copy suitable for printing, the City types and copies the final. An estimate of the total engagement hours by staffing category and hourly rates should be provided. 7 . A listing of other finance related services that are available from your firm. Audit Firms Abdo, Abdo & Eick Bloomington Boeckerman, Heinen & Mayer Eden Prairie Charles Bailly & Co. Minnepolis Deloitte & Touche Minnepolis Gary Lundeen Co Plymouth George M. Hansen Co St. Louis Park McGladrey & Pullen Minnepolis Jaspers, Streefland & Co Shakopee Pannell, Kerr & Forster Minnepolis KPMG Peat Marwick Minnepolis Malloy, Karnowski & Co Minnepolis MEMO TO: Dennis Kraft, City Administrator FROM: Ray Ruuska, Engineering Coordinator SUBJECT: 1991 Pavement Preservation - Sealcoating Project No. 1991-6 DATE: July 29, 1992 INTRODUCTION: Council action is required for a resolution accepting work on the 1991 Pavement Preservation - Sealcoating Project No. 1991-6. BACKGROUND: All of the work for this project has been completed in accordance with the contract documents. ACTION REQUESTED: Offer Resolution No. 3631, A Resolution Accepting Work on the 1991 Pavement Preservation - Sealcoating Project No. 1991-6 and move its adoption. RR/pmp MEM3631 RESOLUTION NO. 3631 A Resolution Accepting Work On The 1991 Pavement Preservation Program - Sealcoating Project No. 1991-6 WHEREAS, pursuant to a written contract signed with the City of Shakopee on September 20, 1991, Bergman Companies, Inc. , 6615 Truax Blvd. , P.O. Box 659 , Eau Claire, WI 54702 has satisfactorily completed the 1991 Pavement Preservation Program- Sealcoating, in accordance with such contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the work completed under said contract is hereby accepted and approved. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 19 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney I LI b ONSENT MEMO TO: Honorable Mayor and City Council FROM: Dennis R. Kraft, City Administrator RE: Resolution No. 3642 , A Resolution Opposing H.R. Bill 5653 , Which Would Require Counties to Prepare Special Property Tax Notices to Taxpayers DATE: July 27, 1992 INTRODUCTION: Attached is correspondence from the Acting Scott County Administrator regarding a National Association of Counties (NACo) Legislative Alert urging them to oppose H.R. 5653 which would impose another unfunded federal mandate requiring counties to prepare and send special property tax notice to taxpayers and the Internal Revenue Service. BACKGROUND: The County would need to differentiate between charges on a tax bill that are a tax (deductible) or a fee (not deductible) for each taxpayer. IRS rulings have made the test of what is deductible difficult to apply. The bill provides no funding for additional cost to prepare/distribute these special property tax notices, which will impose additional costs on counties, school districts and cities. This bill was scheduled to be discussed on the House floor on July 27, 1992 . The Scott County Board of Commissioners will be taking action on a resolution opposing the H.R. Bill at their meeting scheduled for August 4th. ACTION REQUESTED: 1. Offer Resolution No. 3642 , A Resolution Opposing H.R. Bill 5653 , Which Would Require Counties to Prepare Special Property Tax Notice to Taxpayers and move its adoption. 2 . Direct the City Administrator to forward the position of the City Council to the Minnesota Congressional delegates and such other offices as may be deemed appropriate. RESOLUTION NO. 3642 A RESOLUTION OPPOSING H.R. BILL 5653 , WHICH WOULD REQUIRE COUNTIES TO PREPARE SPECIAL PROPERTY TAX NOTICES TO TAXPAYERS WHEREAS, the United States House of Representatives Bill H.R. 5653 has been introduced that would require counties to prepare and send special property tax notices to taxpayers and the I.R.S. ; and WHEREAS, the required notices would have to state which property taxes are deductible under federal income tax rules; and WHEREAS, the bill would require county and other local tax collectors to make a determination whether a change on a tax bill is a tax or a fee, the test of what is deductible being difficult to apply under recent I .R. S . rulings; and WHEREAS, the required reporting mandate, unfunded from federal sources, will require the County to use real estate taxes as the source of revenue for payment of additional costs incurred in preparing and sending these special tax notices, a source deemed to be an inappropriate source of funding for this type of expenditure. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the City Council does hereby oppose H.R. 5653 , and urge that such bill not be passed. BE IT FURTHER RESOLVED, that the City Administrator is hereby directed to forward the position of the City Council to the Minnesota Congressional delegates and such other offices as may be deemed appropriate. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 4th day of August, 1992 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney IWO". SCOTT COUNTY OFFICE OF THE ADMINISTRATOR COURTHOUSE 110 428 S. HOLMES ST. SHAKOPEE, MN 55379-1382 (612)496-8100 CLIFFORD G. McCANN Acting County Administrator BARBARA NESS Acting Deputy Administrator JAN MURPHY Administrative Assistant July 24, 1992 Mr. Dennis Kraft Shakopee City Administrator 129 East First Avenue Shakopee, MN 55379 Dear Mr. a t: I am enclosing a copy of a National Association of Counties (NACo) Legislative Alert. The gist of the alert is that Congress is considering imposing an unfunded federal mandate which would require special property tax notices to be sent to taxpayers and the Internal Revenue Service. The notices would have to state which taxes are deductible for federal income tax purposes. I call your attention to the last paragraph which states in pertinent part: "It is important that your Member of Congress understands the administrative problems and additional costs that this bill will impose on counties, school districts and cities. The bill should be defeated." Please consider taking this matter to your governing body for discussion in the near future. I expect the Scott County Board of Commissioners will discuss the matter at its July 28, 1992 meeting. If you have any questions, please feel free to contact me. Very truly yours, ` 1 Cli -.'•.rd G. McCann Ac/1/ County Administrator CGM:jm Enclosure c: County Board of Commissioners An Equal Opportunity'Affirmative Action Employer NACo NATIONAL ASSOCIATION OF COUNTIES 440 First Street, NW Washington, DC 20001 AlertTel. 2021393-6226 FAX 202/393-2630 5�aff�onl;a�. �t.slph.Ta�or�.-�Ia H� ` `: % < ,•x�.��;."�, ��T�..:h ACTION NEEDED Contact your Representatives and urge them to oppose H.R. 5653 which would impose another unfunded federal mandate requiring counties to prepare and send special property tax notices to taxpayers. The notices would have to state which taxes are deductible under federal income tax rules. Immediate action is needed since the bill is now scheduled to be on the House floor on Monday,July 27. The House Ways and Means Committee is scheduled today to approve a number of individual Member's bills which provide relief to particular individuals or industries. The bills will be sent to the floor and will be voted on separately under suspension of the rules. This means that each bill needs a two-thirds vote to pass. H.R. 5653, introduced by Rep. William Coyne (D-PA), would exempt high-speed, intercity railway bonds from state bond volume caps. To pay for this provision (estimated to cost $150 million in federal revenues over five years), the bill would require counties to report to taxpayers and the IRS the amount of property tax paid that is deductible for federal income tax purposes. The requirement applies to all local taxing authorities and would be effective January 1, 1994. The bill would require county and other local tax collectors to make a determination whether a charge on a tax bill is a tax or a fee. The test of what is deductible is difficult to apply. For example, IRS rulings include: • Where part of an amount paid to a county water district covered maintenance charges and bond tax (but the amount could not be determined), the entire amount of the deduction was disallowed. • A deduction was allowed for an assessment where the proceeds were used to repair and resurface streets, but not lengthen or widen them. • A taxpayer's one-time"tap fee"paid for the hook-up to the city's sewer system was characterized a special assessment for an improvement benefiting the taxpayer's business properties. Hence, it was held to be a non-deductible capital improvement. • A sprinkling tax for watering lawns was held to be deductible. • Real estate transfer"taxes" imposed by a city on its homeowners for the maintenance of its police and fire decal�nents are deemed to be taxes. • "Service charges" imposed by a city on its homeowners for the maintenance of its police and fire departments are deemed to be taxes. • Local licensing fees paid by associations,businesses,trades and professions have been deemed revenue measures, and are deductible as a tax. Obviously,other circumstances would require ad he&determinations by the IRS,creating considerable administrative burdens as well as great uncertainty. The bill also requires that a copy of the notice to the taxpayers be sent to the IRS. However, without a social security number for each taxpayer,the information would be useless to the IRS. There has been some discussion of dropping this provision and instead require the tax payer to enclose their property tax notice with their federal income tax return. It is clear that little thought and research has been given to this legislation. It needs a lot more study. It is important that your Member of Congress understands the administrative problems and additional costs that this bill will impose on counties,school districts and cities. The bill should be defeated. *-14C- C 0 Ne bi-11\1 EXPLANATION TO ORDINANCE 340 ORIGINATING DEPARTMENT: Law Department PURPOSE: To require all Boards and Commissions to adopt Roberts' Rules of Order. REMARKS: Procedures followed by the various city Boards and Commissions vary somewhat, and have been quite informal . This has resulted in inadequate minutes, whereby we cannot determine who made a motion, who seconded, and whether members voted upon the motion. Two boards, the Community Development Commission and the Park and Recreation Advisory Board, were required to adopt Roberts' Rules. That language has been made general to apply to all city boards and commissions, and deleted form the specific provisions for those two boards. ACTION REQUESTED: Offer Ordinance No. 340 , an ordinance amending City Code Chapter 2 , Administration and General Government, by adopting one new section relating to procedures, and repealing Sec. 2 . 55, Subd. 3 and Sec. 2 . 57, Subd. 3 , relating to the same subject, and move its adoption. Submitted by: City Attorney / C [2 . 51] ORDINANCE NO. 340 , FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CITY CODE CHAPTER 2, ADMINISTRATION AND GENERAL GOVERNMENT, BY ADOPTING ONE NEW SECTION RELATING TO PROCEDURES, AND REPEALING SEC. 2 . 55, SUBD. 3 AND SEC. 2 .57, SUBD. 3 , RELATING TO THE SAME SUBJECT. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - City Code Chapter 2 , Administration and General Government, is hereby amended by adopting one new section relating to procedures, which shall read as follows: SEC. 2 . 51. Procedures. All Boards and Commissions shall adopt Robert's Rules of Order and shall adopt such other and further rules for their own proceedings as they shall, from time to time, deem expedient. Section 2 - City Code Chapter 2 , Administration and General Government, is hereby amended by repealing Subd. 3 , Proceedings, of Sec. 2 . 55, Community Development Commission, and by repealing Subd. 3 , Proceedings, of Sec. 2 .57, Park and Recreation Advisory Board. Section 3 - General Provisions. City Code Chapter 1, General Provisions and Definitions Applicable to the Entire City Code Including Penalty For Violation, and Section 2 . 99, Violation a Misdemeanor, are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 4 - Effective Date. This ordinance becomes effective from and after its passage and publication. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1992 . Mayor of the City of Shakopee Attest: City Cle k Approved as to form: A ;1 City Attorney Published in the Shakopee Valley News orftheday of , 1992 . Lv [2 . 51]