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HomeMy WebLinkAbout09/14/1998 TENTATIVE AGENDA CITY OF SHAKOPEE SHAKOPEE, MINNESOTA SEPTEMBER 14, 1998 ADJ. REG. SESSION -MONDAY- LOCATION: 129 Holmes Street South Mayor Jon Brekke presiding 1] Roll Call at 7:00 p.m. 2] Pledge of Allegiance 3] Approval of Agenda 4] Approval of Consent Business - (All items no�etduby ita bey Council troutine. Aofter a discussion by the Mayor, there will be an opportunity for members of the C remove items from the consent agenda for individual discussion. Those items removed will be considered in their normal sequence on the agenda. Those items remaining on the consent agenda will otherwise not be individually discussed and will be enacted in one motion.) 5] Liaison Reports from Councilmembers 6] Mayor's Report 7] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 8] Recess for an Economic Development Authority Meeting 9] Re-convene *10] Approval of Minutes of July 21, 1998 *11] Approve Bills in the Amount of$1,624,546.33 12] Communications: A] Marschall Road Railroad Crossing Closure ent 13] 7:00 p.m. Public Hearing on submission m Res. No. 4984 Program application to Minnesota Department of Trade and Economic Development and Res. No. 4985 TENTATIVE AGENDA September 14, 1998 Page -2- 14] Recommendations from Boards and Commissions: A] Preliminary Plat of HTS Properties First, located north of 7th and east of Market B] Final Plat of Pheasant Run First Addition, located north of Valley View Road between Marschall Road and CR-83 -Res. No. 4979 15] General Business A] Public Works and Engineering 1. Suspension of Hourly Restrictions on Construction Activities for Southbridge 1st Addition as Requested by Centex Homes-memo on table B] Police and Fire *1. Parking Exemption During an Open House C] Parks and Recreation 1. Youth Enrichment Grant D] Community Development 1. Advisory Council on Local Government 2. Ron Schmitt appeal of Board of Adjustment and Appeals' decision that building accessory garage in the B-1 District for a non-conforming residence is not a less intense use 3. VPSI Van Pool Agreement E] General Administration *1. Application for Off Sale 3.2 Percent Malt Liquor License- Speedway Superamerica 2. Waste Management Refuse Contract *3. Apportionment of Special Assessments in Prairie Bend CIC 1024 -Res. No. 4986 *4. Apportionment of Special Assessments in Stone Meadow 2nd -Res. No. 4987 5. Tax Forfeit Property Res. No. 4960 6. Consenting to a 1998 EDA Tax Levy, Collectible in 1999-Res. No. 4988 7. Setting Proposed Maximum 1998 Tax Levy, Collectible in 1999 -Res. No. 4989 8. Changing the November 3, 1998, Meeting Date-Res. No. 4990 9. Canceling Debt Service Levies for 1998/99-Res. No. 4992 10. Workshop Meetings 11. Year 2000 Project Coordinator-Res. No. 4991 12. Minnesota Tourism Industry Funding Support 16] Other Business 17] Adjourn { TENTATIVE AGENDA ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE,MINNESOTA Adjourned Regular Meeting September 14, 1998 1. Roll Call at 7 p.m. 2. Approval of the Agenda 3. Approval of Minutes: None 4. Financial A.)Approval of Bills 5., Recommendation from Downtown-First Avenue Revitalization Committee A.)Agreement with Bert Stitt&Associates for Interactive Strategic Planning Services 6. 1999 Tax Levy and Budget Adoption Resolution 7. Other Business: 8. Adjourn • CITY OF SHAKOPEE memorandum TO: President & Commissioners Mark H. McNeill, Executive Director FROM: Gregg Voxland, Finance Director SUBJ: EDA Bill List DATE: September 10, 1998 Introduction Attached is a listing of bills for the EDA, the Blocks 3&4 projects and Seagate for the period 08/28/98 to 09/10/98 . Action Requested Move to approve bills in the amount of $1, 140 .40 for the EDA General Fund, $0 . 00 for the Blocks 3&4 Funds and $28 . 00 for Seagate. H I 0 0 0 0 0 0 0 0 0 0 0 0 II H I 0 0 0 0 0 0 0 0 0 0 0 O II AI • . . . • II wa I 0 0 0 0 0 0 0 0 0 0 0 O II 0 I 1 LI) 0 In 0 0 0 0 0 0 0 0 0 II H I H H H O ddd' ' d' ' o o O o II II H I 01 01 N 0 0 O O 0 CO 03 0 0 p CCI W I H 0. N M H H diH NNNN l0 II C.I H H H H II A H 11 A Ul II • >1 II axxx x 01 cn II H000 0 CO c0 m m InHd' H H CO m U1 CO CO U1 V) p 0101 > Gr u1 C7 in Ln C7 H a 0 4 o o 4 co rn W w1-1 ao 0 ,.x H C7 H cn w z cn Ex-,M41 Cl) 4OaH 0 :Icaaw a w > a) z > H �a 14 01 H 0a. 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HHHH H H * d' H H * * 4 etA 37 A CITY OF SHAKOPEE Memorandum TO: Economic Development Authority FROM: Downtown-First Avenue Revitalization Committee Paul Snook,Economic Development Coordinator SUBJECT: Agreement with Bert Stitt&Associates for Interactive Strategic Planning services MTG DATE: September 14, 1998 Introduction: The Downtown - First Avenue Revitalization Committee is requesting that the EDA enter into an agreement with Bert Stitt&Associates for Interactive Strategic Planning services. Background: At its August 18, 1998 meeting, the Downtown - First Avenue Revitalization Committee recommended that the EDA enter into a an agreement with Bert Stitt & Associates for Interactive Strategic Planning services. The EDA contemplated the proposed agreement with the understanding that the EDA would fund 30% (or $12,000) of the consultant's fee, with the other 70%(or$28,000)to come from Committee fundraising efforts. After an in-depth discussion, the EDA moved to direct staff to develop and bring back a consultant agreement that reflects the following changes requested in the August 18th meeting: • The EDA's financial commitment will not be used for fundraising training and assistance, and • The consultant is to provide"outcomes"for the EDA's financial commitment Staff, city attorney, and the consultant have drafted an agreement, attached as Exhibit A,that reflects the EDA's direction as outlined above. It should be noted that the agreement between the EDA and BSA will be superseded by an agreement between the new nonprofit corporation and BSA once the corporation is established. Regarding the concern over the EDA paying for fundraising training and assistance, the new agreement states that: "The EDA is obligated to pay... only for Interactive Strategic Planning services.All fees for Fund Raising Training and Assistance, and the balance of fees for Interactive bsagrmo2.doc Strategic Planning services, are payable solely from and to the extent of funds raised by the Committee..." Regarding "outcomes" of the consultant's services, please refer to pages 3 and 4 of the agreement, and Exhibit B "BSA Objectives" and "BSA Tasks" from the consultant's proposal. The outcomes of the consultant's Interactive Strategic Planning services include but are not limited to the following: • The creation of a project oversight team of local people to implement the strategic planning process(currently under development). • Broad community participation in the downtown and community improvement process. • A conference open to the entire community in which a clear and compelling vision for downtown is developed,revealing the community's consensus direction and priorities for the area, supported by a plan of work to achieve that vision which includes specific goals, objectives and tasks. • A written report based on the proceedings and of the conference. The report includes the plan of work which is used to guide revitalization efforts. • A base of volunteers to address the priorities and achieve the vision. • Work plans for the work groups that develop out of the conference. • Update reports from the work groups. • A strategic work agenda created by the involved public. • Revitalization projects driven by consensus-based decisions. Budget Impact: For Interactive Strategic Planning services only (no fundraising training), $12,000 from the EDA budget #4310 Designated Miscellaneous. Rather than the EDA providing the first $12,000 up front and the Committee follow with its funding as proposed in the August 18th version of the agreement, the new agreement before you outlines that both the EDA and the Committee pay their share of the project cost monthly throughout the project based on invoices from the consultant. The invoices will assure that the EDA is paying for Interactive Strategic Planning services only and not fundraising training. The new agreement has been structured so that on the Start Date of the project the EDA pays $2,400 and the Committee, through its fundraising efforts, pays $5,600. This initial payment by the Committee covers the consultant's fundraising training fee. One month after the Start bsagrmo2.doc 4 Date and until the project's end, the agreement calls for the EDA to pay $1,200 per month and the Committee to pay $2,800 per month. The duration of the project is 9 months. Total cost to the EDA is $12,000 ($2,400 x 1 payment and $1,200 x 8 payments); total cost to the Committee is$28,000($5,600 x 1 payment and$2,800 x 8 payments). Options: 1. Enter into the proposed Interactive Strategic Planning services agreement with Bert Stitt & Associates with the understanding that the agreement will be superseded by an agreement between the new nonprofit corporation and BSA once the corporation is established. 2. Do not enter into the proposed agreement with Bert Stitt & Associates, and provide the reasons. 3. Table the matter and request additional information from staff. Committee and Staff Recommendation: Option 1, enter into the proposed Interactive Strategic Planning services agreement with Bert Stitt & Associates with the understanding that the agreement will be superseded by an agreement between the new nonprofit corporation and BSA once the corporation is established. Action Required: Offer and pass a motion to enter into the proposed Interactive Strategic Planning services agreement with Bert Stitt & Associates (BSA), to be superseded by an agreement between the new nonprofit corporation and BSA, once the corporation is established. bsagrmo2.doc xN1 -r Interactive Strategic Planning . Services Agreement Submitted To: Economic Development Authority for the City of Shakopee Submitted By: Bert Stitt&Associates,Inc. 120 S. Franklin Street/Madison,WI 53703 Telephone: 608/255-2363 FAX: 608/255-0701 E-Mail: berjosti@msn.corn 4 Scope of Work Preliminary Arrangements Create Working Agreement, Secure Start Up Funding, Identify where Moneys are Re- ceived [City, 501-(C)-3 or other], Establish Identity for the Project,Identify Members of the Planning Group, Conduct Fund Raising Workshop and Initiate Full Fund Raising Program. Preliminary arrangements may take as much as three months to complete not including the actual set-up work necessary prior to signing the Agreement. In addition to start-up funding for the fund raising initiative a certain mutually agreed upon portion of the total funding for the remainder of the project should be secured before actual planning for the conference begins. Set-Up: July/August/September 98 Conduct two four-hour work sessions for setting up the project: July 27th and August 201; Planning Session of September 21d. Months 1 -3 Fundraising: Design and conduct one-day fundraising workshop; Work with team to establish fundraising goals, methodologies, assignments, deadlines, and all other ele- ments necessary to the fundraising effort; Make regular visits to meet with fundraising team, make presentations to local groups explaining the ISP process,and meet with indi- viduals who wish private appointments. Month 4 Four-hour workshop as start up for Conference Planning: Organize teams for Conference Design, Promotion, and logistics. Identify and designate Tasks and Responsibilities. Meet regularly with the Conference Planning Oversight team and the Design,Promotion, and logistics teams. Continue advising fund raising team as required; Month 5 Meet regularly with the Conference Planning Oversight team and the various sub-groups. Continue advising fund raising team as required. Make presentations to local groups ex- plaining the ISP process, and meet with individuals who wish private appointments. Ad- vise regarding design, production and mailing of brochures. Advise regarding the locat- ing of a facility. Meet with local high school staff regarding possible student availability of students as scribes. Agreement for Shakopee,Minnesota Page 2 Bert Stitt& Associates,Inc. September, 1998 Month 6 • Meet regularly with the Conference Planning Oversight team and the various sub-groups. Continue advising fund raising team as required. Make presentations to local groups ex- plaining the ISP process, and meet with individuals who wish private appointments. Conduct training workshop for conference scribes. Work with the conference facility for room set up and logistics. Conduct the Retreat/Conference. Conduct second-day follow- up sessions with each of the work groups which evolve from the Conference/Retreat. Month 7 Work Team Follow-up: Schedule and conduct Team meetings where each of the work groups meet individually to develop and implement a work plan. Conduct `Tent' Meet- ing where the individual work groups meet for one-hour separately and then convene in plenary session. Conduct Town Meeting where the entire community is invited to attend and hear reports on the status of the work of each of the work groups. Month 8 Same as above. Month 9 Same as above,and Conduct BSA exit interview. In Addition From time to time issues of conflict or other related strategic matters not necessarily pertaining to this Agreement will arise. BSA will facilitate the required additional ses- sions at no extra cost. Agreement for Shakopee,Minnesota Page 3 Bert Stitt& Associates,Inc. September, 1998 Products: In addition to the facilitation work described above there are certain specific products which the client(s)may expect: ISP Planning Notebooks for each of the members of the Planning Group - A Fundraising Notebook for each of the members of the fundraising group - Training materials for the forum scribes - A published report of the Forum Proceedings - Work Plans for the small work groups - Printed Update Reports from the small work groups - Also see attached"The Value of ISP" Note: The ISP process provides the context for the community to build capacity,particularly on the private side,to undertake the major projects that most people think of as `product.' This building of capacity makes it more probable that the City and the private sector can undertake more partnerships to accomplish more development in the down- town in this case. Very often people want to know what the outcomes of a strategic planning process will be. By its very nature that is a difficult thing to predict. The outcomes of this work are described in more general terms such as"A more viable and accessible river front." This strategic planning and capacity building process will lead the community to more con- crete planning steps which can be implemented for outcomes such as a river front board walk and gazebo,a festival park,and all the other hardware that is expected when we ask for a product. Page 4 The Value of ISP What benefits will you gain from engaging in Interactive Strategic Planning? Public Participation in your downtown improvement project. • Broader awareness in the entire community of your downtown project. • A strategic work agenda created by the involved public. • Process/projects driven by consensus-based decisions. • More diversity in age, gender and ethnic participants. More focus in your efforts. • Teams with goals, schedules, and tasks / a work plan. • Personal and Team coaching from the consulting staff. • Better/more productive meetings. • More personal discipline and accountability. • Better communication skills. • A shared vocabulary related to downtown. • More cooperation between organizations. A shift in the culture of the community. • Personal growth among your participants. • Greater sense of stewardship • Uplifted community spirit. • Healing/Less meanness, more generosity. • Greater sense of pride. • Higher levels of motivation among your participants. Hope for and belief in the future of your downtown. • Less dependence on `Government' to 'get things done.' • More opportunities for public/private partnerships. • An ongoing process which can generate many projects. • Renewed interest in reinvestment. • Improved ability to attract new businesses. a Agreement for Shakopee,Minnesota Page 5 Bert Stitt&Associates,Inc. September, 1998 Project Fees/Payment Outline Interactive Strategic Planning $35,000 Fund Raising Training and Assistance $5,000 Total $40,000 Fees are payable to BSA according to the following terms and conditions: a. Notwithstanding anything to the contrary in the Agreement,the parties agree and un- derstand that a portion of the funds necessary to pay fees to BSA will be raised on behalf of the EDA by the Downtown/First Avenue Revitalization Committee(The `Committee"). Funds raised by the Committee will be deposited in a separate Downtown Revitalization Account maintained by the EDA. The EDA is obligated to pay,from any funds available to the EDA,only for Interac- tive Strategic Planning services, and only to the extent of the amounts designated on any payment date as payable from the"EDA Account."All fees for Fund Raising Training and Assistance,and the balance of fees for Interactive Strategic Planning services, are payable solely from and to the extent of funds raised by the Committee and on hand in the Downtown Revitalization Account as of the scheduled payment date. Until the fees under this Agreement are paid in full or this Agreement is termi- nated,the EDA will not spend,pledge or otherwise encumber funds in the Down- town Revitalization Account for any purpose other than payment of fees under this Agreement or payment of costs for the conference/retreat, unless the pledge of en- cumbrance is subordinate to the EDA's obligations under this Agreement. Failure to pay any fees in excess of any amount designated as payable from the EDA Account on any date is not an event of default by the EDA under this Agreement,and BSA releases and hold harmless the EDA,the Committee,and the members thereof from any claim related to non-payment of any amount in excess of any such amount on any date;provided that in the event of nonpayment of any fees in excess of the amount payable from the EDA 10 days written notice. After such termination,nei- ther party shall have any claims against or obligations to the other under this agree- ment. Agreement for Shakopee,Minnesota Page 6 Bert Stitt&Associates,Inc. September, 1998 b. Fees are payable monthly on the following dates,from the following sources, in the amount invoiced up to the following maximum amounts: On , 1998 (the"Start Date"). $2,400 from the EDA Account and$5,600 from the Downtown Revitalization Account On , 1998, (the one-month anniversary of the Start Date)and the day of each month thereafter through and including , 1999: $1,200 from the EDA Account and $2,800 from the Downtown Revitalization account c. The EDA may terminate this Agreement at any time by giving BSA 10 days written notice. If BSA has not failed to perform any of its obligations under this Agreement, the EDA shall pay BSA actual costs incurred as of the date of termination under this clause. If BSA has failed to perform any of its obligations under this Agreement, the EDA shall have no obligations to BSA after termination under this clause. d. The Fees payable to BSA under the Agreement do not include the following costs of the retreat/conference that are not billed to BSA: retreat/conference facility room rental, meals, equipment rental, printing, and postage. The amount of such costs and terms of payment shall be mutually agreed upon by the BSA and the EDA before any obligations regarding such costs are incurred or entered into. It is understood that BSA no responsibility for such costs. Agreement for Shakopee,Minnesota Page 7 Bert Stitt&Associates,Inc. September, 1998 Project Time Frame Entire Project Start Date: r. i Yl.✓ ' ISP Process Start Date: 7./ ✓� /, Ending Date: ��1 fv,, �„ t9/(X' This agreement correctly sets forth the mutual understanding of theKCity of Shakopee '._ _ _ _. . . - - - . d Bert Stitt&Associates,Inc. Signatories: BERT STITT& ASSOCIATES,INC. By Bert Stitt,President Date By Nancy Rhodes, Sr. Associate Date THE ECONOMIC DEVELOMENT AUTHORITY FOR THE CITY OF SHAKOPEE, MINNESOTA By Its President Date By Its Executive Director Date Proposal for Shakopee, Minnesota Bert Stitt&Associates,Inc. January 19, 1998 BSA Objectives • Improve capacity in conducting meetings and meeting participation. • Improve interpersonal communication and relationship skills. • Engage broad community participation in the downtown and community improve- ment process. • Facilitate the development of a shared vision of the future supported by a plan of work to achieve that vision which includes specific goals,objectives and tasks. • Create a diverse volunteer base to address the priorities and achieve the vision. • Improve the capacity of the community to retain historic attributes of its downtown's past while positioning it for the future. • Improve the level and breadth of knowledge (more information to more people) re- garding specific segments of downtown development and community building. • Position downtown to attract reinvestment in public, commercial, and residential real estate. ▪ Build the community's sense of pride which will attract new talent and entrepreneu- rial resources. • Create an environment where downtown businesses will increase sales and profit margins. • Facilitate strategies for restoring the downtown as a stronger contributor to the tax -base of the community. Proposal for Shakopee,Minnesota Bert Stitt&Associates,Inc. January 19, 1998 BSA Tasks • Work with local organizers to establish a project oversight team of local people to implement the strategic planning process. • Guide the oversight team in all aspects of this endeavor. • Oversee the project • Make presentations to organizations in the community regarding the project • Trouble shoot and mediate difficult situations that may arise • Conduct the conference/retreat - • Produce a report of the conference • Orient work groups • Coordinate meeting schedules throughout the project • Monitor the coordination of diverse work-group activities • Conduct regular town meetings and tent meetings • Attend selected work-group sessions -- • Coach work groups and individuals to improve their productivity _ _ • Provide informational resource material to work groups - - EDA /, Wo, rro.4 Q & A VISION SHAKOPEE ! STRATEGIC PLANNING PROJECT Q: What is the VISION SHAKOPEE! strategic planning project? A: VISION SHAKOPEE! is a volunteer-based strategic planning project that seeks to involve the community in creating a vision for Downtown Shakopee which honors the historic business district as the geographic,commercial and cultural center of the community.Its mission is to engage in a comprehensive approach to the preservation and revitalization of the downtown area and its riverfront through organization,marketing&promotion,economic restructuring,and physical design.The centerpiece of the downtown strategic planning project is a conference open to the entire community in which a diverse group of participants arrives at a shared vision for Downtown Shakopee,and develops goals, strategies and action plans to carry out that vision. Q: What is the goal of VISION SHAKOPEE! A: The goal of the VISION SHAKOPEE! strategic planning project is to lead the community through a visioning/strategic planning process for the revitalization of the downtown area.This process will develop a clear and compelling vision for the downtown,revealing the community's consensus direction and priorities for the area,and create implementation strategies to make ongoing revitalization happen.The key to the project is community-wide participation in the form of a retreat conference. Q: Why does downtown Shakopee need a project like this... isn't the area doing well? A: While vacancies are low in the central business district,and the new River City Centre has helped strengthen downtown,there is a need for a downtown strategic planning project for the following reasons: • Numerous past efforts to revitalize Downtown Shakopee were not comprehensive; • There is no clear focus for downtown...no goals,strategies,and action plans;and • There needs to be action,moving beyond merely"talking about it",to making ongoing, organized revitalization happen. Q: What has made this type of project successful in other communities that have undertaken it? A:The concept of community-wide input through a retreat conference is what makes projects of this type successful.The conference provides a structured format for all community members to meet face to face and thoroughly discuss complex issues regarding downtown. Q:How does the Conference work? A:The VISION SHAKOPEE!strategic planning conference starts with posing the general question "What are your concerns and issues about the Downtown/First Avenue area?"The group then defines its shared,preferred vision,and from that 1.)establishes consensus through determining VSPQ&A2.DOC priority issues,2.)forms goals based on those priorities, and 3.)develops strategies and action plans to reach the identified goals.A written report is then produced based on the proceedings and outcomes of the conference,and is used as the official working document to guide future revitalization efforts. Q: Who facilitates the VISION SHAKOPEE!strategic planning process and conference? A: Bert Stitt&Associates(BSA),professional facilitatation and downtown revitalization consultants based in Madison, Wisconsin. Bert Stitt,principal of BSA, and associate consultant Nancy Rhodes, are experts in visioning and strategic planning and know many techniques that can help make the process move quickly and effectively.Also,by being from outside the community,BSA is a neutral party that has no particular stake in the outcome of the process,and can act as a mediator on issues that are subject to disagreement within the community. Additionally,as experts in the field of comprehensive downtown/central business district revitalization,BSA is able to keep the participants focused on what they(the participants)would like to see accomplished.BSA's role as facilitator is to help arrange and conduct meetings and to assist in assembling the input received from the community; it is not the facilitator's role to create the vision and strategic plan, but merely to assist the community in creating them. Q: Why focus on the Downtown area? A: • The appearance and economic health of downtown is perceived as a direct reflection of the quality of our entire community; • Downtown is the historic center of Shakopee, and a healthy downtown is vital for the community's overall well-being;and • Downtown most clearly reflects Shakopee's evolution, history, and differentiation from anywhere else. Downtown's built environment is the most telling expression of these qualities. Q: Who can be involved in the VISION SHAKOPEE!project? A:Anyone that is interested in volunteering, including but not limited to downtown retailers, professionals and other business people;downtown area property owners; lenders;city and county government officials and staff;chamber of commerce board members and staff;recognized community leaders; local civic organizations;the historical society;representatives from the community's manufacturing sector, interested community members,etc. Q: What is expected of the volunteers ? A:Volunteers will serve on the VISION SHAKOPEE! strategic planning project steering committee. The work entails: • Attending weekly to bi-weekly meetings for approximately 12-32 weeks. • Meeting for approximately 1-2 hours per session(some meetings may be longer); planning for the visioning/strategic planning conference, including logistics,publicity, fundraising, and overall project management; and • Active participation in committees and subcommittees VSPQ&A2.DOC It is understood that VISION SHAKOPEE! is a volunteer effort,and that: • Not every volunteer will make every meeting; • Volunteers will make whatever financial commitment they can; literally"buying in"to the project; • Late arrival and early departure from meetings is acceptable; and • Meetings will start on time regardless of who is not there. For more information on VISION SHAKOPEE!contact any of the following steering committee volunteers: Jane DuBois (612) 445-6400 John Gutteter (612) 445-0378 Mark Keuchenmeister (612) 445-7200 John Perry (612) 496-2382 John Roach (612) 445-3044 Patrick Schroers (612) 445-2207 Carol Schultz (612) 445-1660 Paul Snook (612) 496-9661 Brian Turtle (612) 445-9668 Bill Wermerskirchen (612) 445-3735 Duane Wermerskirchen (612) 496-2000 VSPQ&A2.DOC 0119, 14. +1. SHAKOPEE EDA Memorandum TO: EDA Chairman and Commissioners Mark McNeill, EDA Director FROM: Gregg Voxland, Finance Director RE: 1999 Tax Levy And Budget Adoption Resolution DATE: September 10, 1998 Introduction and Background Attached is Resolution Number 98-6 which requests the Shakopee City Council to consent to the tax levy for the EDA and adopts the 1999 budget. The levy is $108,570 after reductions for HACA in the amount of $5,379 and no allowance for uncollectables. This is a $7,000 increase over the past two years levy. The EDA could raise the levy to about $158,000. In accordance with previous discussions, Resolution No. 98-6 has been prepared with a levy of $75,000 under the EDA levy MSA 469.107 and $33,570 under the HRA levy MSA 469.033. The HRA levy is for redevelopment purposes and the EDA levy is for broader economic development purposes. The proposed budget is attached with appropriations in the amount of $420,970. The large increase over last year is due to the tax payments to ADC from the City and the County. Other costs not included but borne by the General Fund of the City are utility costs, administrative overhead such as accounting and bill processing/payroll, publishing, postage, and other employees time on related issues. Some allowance ($3,000) has been made in the wages amount for charge-ins from Community Development. The EDA needs to adopt a proposed maximum levy and budget amount by September 15 for certification to the County Auditor. That levy will be used for the tax notice mailed to property owners. Action Offer Resolution Number 98-6, A Resolution Setting The Tax Levy For 1998/99 By The Economic Development Authority For The City of Shakopee And Adopting The 1999 Budget, and move its adoption. V Gregg oxland Finance Director n:\budget\budres99 RESOLUTION NO. 98-6 A RESOLUTION SETTING THE TAX LEVY FOR 1998/99 BY THE ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY OF SHAKOPEE AND ADOPTING THE 1999 BUDGET WHEREAS, the Economic Development Authority in and for the City of Shakopee was created pursuant to Minnesota Statutes, Section 469 . 051 et seq. , as amended, and WHEREAS, Section 469 . 107 states that for economic development purposes, the governing body of the municipality may levy a tax at the request of the Authority, and WHEREAS, Section 469. 033 states that for redevelopment purposes, the Economic Development Authority may levy a tax with the consent of the governing municipality, and WHEREAS, the By-Laws of the Economic Development Authority for the City of Shakopee provides that a budget be prepared on an annual basis, NOW, THEREFORE, BE IT RESOLVED BY THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF SHAKOPEE, MINNESOTA, that the Economic Development Authority hereby requests the City Council of the City of Shakopee to levy a special tax of $75, 000 pursuant to MSA 469. 107 (after reduction for $5, 379 in HACA aid) to be collected 1999 for the Economic Development Authority by the City of Shakopee. BE IT FURTHER RESOLVED, that the Economic Development Authority hereby requests the City Council of the City of Shakopee to consent to a special tax levy of $33, 570 pursuant to MSA 469 . 033 to be collected 1999 by the Economic Development Authority. BE IT FURTHER RESOLVED, that the attached 1999 General Fund Budget be approved with total appropriations in the amount of $400, 970 . Adopted in session of the Shakopee Economic Development Authority for the City of Shakopee, Minnesota, held this day of September, 1998 . Chairman ATTEST: Executive Director 1999 BUDGET EDA FUND BUDGET SUMMARY 1996 1997 1998 1999 Actual Actual Proposed Proposed Revenue Taxes $ 110,565 $ 103,552 $ 101,701 $ 108,570 Intergovernmental 4,711 5,400 5,379 195,400 Charges for Service 5,200 Miscellaneous Interest 19,302 22,893 18,000 22,000 Miscellaneous 7,475 Total Revenue 134,578 144,520 125,080 325,970 Transfer in 75,000 Total Revenue and Transfers 134,578 144,520 125,080 400,970 Expenditures Personal Services 35,976 54,377 67,650 59,120 Supplies&Services 28,992 51,311 88,950 16,850 ADC payment 265,000 Contingency - - 60,000 Total Expenditures 64,968 105,688 156,600 400,970 Excess (Deficiency) Of Revenues over Expenditures&Transfers $ 69,610 $ 38,832 $ (31,520) $ - Fund Balance December 31 399,780 438,612 407,092 407,092 1999 CITY OF SHAKOPEE PROGRAM BUDGET WORKSHEET 15 Economic Development Authority Fund Program Program 190 191 Object# Description Benefits Management Total 4101 Wages FT- Reg. $ 7,500 $ 39,300 $ 46,800 4110 Wages-Temporary 1,000 $ 1,000 4121 PERA 390 2,040 $ 2,430 4122 FICA 580 3,090 $ 3,670 4131 Health &Life 4,820 $ 4,820 4151 Workers Comp 400 $ 400 Total Personnel 13,690 45,430 $ 59,120 4210 Operating Supplies 2,500 $ 2,500 4240 Equipment Maintenance $ - 4310 Professional Services 7,000 $ 7,000 4320 Postage 100 $ 100 4321 Telephone 300 $ 300 4330 Travel/Subsistence 500 $ 500 4340 Advertising 200 $ 200 4350 Printing/Publishing 500 $ 500 4360 Insurance 1,500 $ 1,500 4490 Contingency 60,000 $ 60,000 4390 Conference/School/Training 1,500 $ 1,500 (AEDC, NDC training) $ - 4410 Rents 1,500 $ 1,500 4430 Miscellaneous-Rehab Fund 265,000 $ 265,000 4433 Dues(AEDC, EDAM, CUED, C. of C.) 1,000 $ 1,000 4435 Subscriptions/Publications 250 $ 250 $ - Total Supplies&Services - 341,850 $ 341,850 4550 Capital Expenditures - - - Total EDA $ 13,690 $ 387,280 $ 400,970 E124 f <* RESOLUTION NO. 98-6 A RESOLUTION SETTING THE TAX LEVY FOR 1998/99 BY THE ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY OF SHAKOPEE AND ADOPTING THE 1999 BUDGET WHEREAS, the Economic Development Authority in and for the City of Shakopee was created pursuant to Minnesota Statutes, Section 469. 051 et seq. , as amended, and WHEREAS, Section 469 . 107 states that for economic development purposes, the governing body of the municipality may levy a tax at the request of the Authority, and WHEREAS, Section 469 . 033 states that for redevelopment purposes, the Economic Development Authority may levy a tax with the consent of the governing municipality, and WHEREAS, the By-Laws of the Economic Development Authority for the City of Shakopee provides that a budget be prepared on an annual basis, NOW, THEREFORE, BE IT RESOLVED BY THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF SHAKOPEE, MINNESOTA, that the Economic Development Authority hereby requests the City Council of the City of Shakopee to levy a special tax of $75, 000 pursuant to MSA 469 . 107 (after reduction for $5, 379 in HACA aid) to be collected 1999 for the Economic Development Authority by the City of Shakopee. BE IT FURTHER RESOLVED, that the Economic Development Authority levies a special tax of $33, 570 pursuant to MSA 469. 033 to be collected 1999 by the Economic Development Authority and hereby requests the City Council of the City of Shakopee to consent to such levy. BE IT FURTHER RESOLVED, that the attached 1999 General Fund Budget be approved with total appropriations in the amount of $400, 970 . Adopted in session of the Shakopee Economic Development Authority for the City of Shakopee, Minnesota, held this day of September, 1998 . Chairman ATTEST: OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REGULAR. SESSION SHAKOPEE,MINNESOTA JULY 21, 1998 Mayor Brekke called the meeting to order at 7:00 p.m. with Councilmembers Amundson, Link, DuBois and Sweeney present. Also present: Mark McNeill, City Administrator; R. Michael Leek, Community Development Director; Bruce Loney, Public Works Director/City Engineer; Gregg Voxland, Finance Director; Judith S. Cox, City Clerk; and Jim Thomson, City Attorney. The Pledge of Allegiance was recited. The following items were removed from the agenda: 15.A.3. 1998 Street Reconstruction Project - Sidewalk Removal, and 15.A.6. Murphy's Landing Shooting Range. The following item was added to the agenda: 16.A. Dial-A-Ride. Amundson/Link moved to approve the agenda as modified. Motion carried unanimously. Link/Amundson moved to approve the Consent Agenda. Motion carried unanimously. No liaison reports were given. Mayor Brekke stated that items 15.B.2. Resolution of Appreciation to Detective Russ Lawrence, and 15.A.2. Resolution of Appreciation to Citizen's State Bank would be taken out of the regular order on the agenda. DuBois/Sweeney offered Resolution No. 4953, A Resolution of Appreciation to Russell Lawrence, and moved its adoption. Motion carried unanimously. Sweeney/Amundson offered Resolution No. 4950, A Resolution of Appreciation to Citizen's State Bank of Shakopee, Century Plaza Partnership and Mr. Brian Norris, and moved its adoption. Motion carried unanimously. Mayor Brekke then read Resolution No. 4950 to Brian Norris and Resolution No. 4953 to Russ Lawrence and presented each with a framed copy. Mayor Brekke gave the Mayor's report. Mayor Brekke asked if there were any interested citizens present in the audience who wished to address the City Council on any item not on the agenda. Glenna Crowley, 1501 1st Avenue E (Shakopee Valley Haven Park), approached the podium and stated that the first park closing ordinance meeting with City staff and park owners is to be held August 6. She said that the residents would like an ordinance that will give them tax or market Official Proceedings of the July 21, 1998 Shakopee City Council Page -2- value, whichever is greater (should the Park be sold and they have to sell their manufactured homes). She said that there are three committee members and an APAC staff member ready to meet with City staff, the park owners and their attorneys. A petition was also provided. Mark McNeill reported that there was a meeting scheduled on July 8. Prior to this, City staff was notified of a closing for the sale of the Park on July 31. He said that the sale had been placed on hold and that he had no further information regarding the sale, other than that Bob Benedict would continue to be involved in the sale. Link/Amundson moved to approve bills in the amount of$1,808,511.57 (Motion carried under the Consent Agenda.) Link/Amundson offered Resolution No. 4948, A Resolution of the City of Shakopee, Minnesota, Approving the Final Plat of Boulder Ridge 2nd Addition, and moved its adoption. (Motion carried under the Consent Agenda). Link/Amundson offered Resolution No. 4949, A Resolution of the City of Shakopee, Minnesota, Approving the Final Plat of Longmeadow, and moved its adoption. (Motion carried under the Consent Agenda). Michael Leek explained that St. Francis Regional Medical Center is requesting approval of an amendment to the Minnesota Valley Health Campus Planned Unit Development (PUD) for the construction of a five (5) level parking ramp and the designation of uses that would be allowed to locate in the currently undeveloped portions of the site. The Planning Commission has recommended approval. However, the proposed amendment includes three items which were not part of the original staff approval and relate to the parking garage. One item requires brick facing on all sides. The Planning Commission required that 30 percent of the required landscaping units be sized at a minimum of 4 inches in diameter and 20 feet tall. The third item requires that 10 percent of the required landscaping units be located on the terraces of the parking ramp. Michael Leek referenced a letter from Frauenshuh Companies and St. Francis Regional Medical Center to Lee Johnson and Mike Stearns. The letter identifies the terms and conditions to make the parking ramp more acceptable to the nearby residents. The revised proposal is to terrace the second level of the parking ramp in an attempt to reduce the impact of the ramp. Venetia Kudrle, President of St. Francis, approached the podium and explained that the former St. Francis location was too restrictive in order to develop the hospital in conjunction with other partners in health care in the community. She said that working in harmony with Park Nicollet, Frauenshuh Companies, and Benedictine Health Systems led to the recent application for a PUD. She stated that with the exception of landscaping, St. Francis was in agreement with the items addressed in the letter. Official Proceedings of the July 21, 1998 Shakopee City Council Page -3- Terry Anderson, Architect, approached the podium and stated that the parking ramp is approximately 120 feet in length and is oriented to the neighborhood with much of it shielding the surface area of the hospital. He used a landscape visual to show the tiering, landscaping, and materials proposed to be used. In response to a question regarding the exception to landscape issues addressed in the letter from Frauenshuh Companies, Ms. Kudrle explained that the landscaping along the boulevard would provide the best visual protection. She said that there is already some landscaping required in the street. Bruce Loney inquired as to who will maintain the landscaping in the right-of-way. He recommended adding this as a condition. In response to concerns regarding the view of automobiles, Terry Anderson explained that raising the railing from the typical height for additional shielding, limited use of the ramp in the evening hours, and limiting the opening to the ramp have been discussed. He said that there are other materials which are more economical to use rather then using brick, and added that much of the ramp does not face the neighborhood. He said that they are not opposed to using brick on the east end of the ramp. However, he asked for some flexibility in the use of materials, rather than dictating brick all around the structure. A discussion ensued regarding noise and ramp access. Terry Anderson explained that there will not be any additional curb cuts on Sarazin Street, and said that the West side of the ramp would fill first. In response to concerns regarding noise, he said that the number of openings on the east side will be limited. Mi Bakr approached the podium and stated that he is a homeowner in the Orrin Thompson development. He said he has not yet closed on the property and asked when the hospital feels that the parking ramp will be fully utilized. He also asked if the Council studied other alternatives to the ramp. Mayor Brekke explained that the Planning Commission directed St. Francis to pursue other alternatives last year. He said that in comparison to other applications, this is not occurring any quicker, and encouraged people to ask questions of the developer and the City regarding developments. Venetia Kudrle stated that St. Francis would rather not build a ramp and that it will not be built until it is needed. She anticipated that there would not be a need for the ramp for 3-5 years. She said that potential partners need to know that the parking capability is there in order to draw them to the campus. In response to comments regarding homeowner opposition, she said that the homeowners which St. Francis was aware of were given three opportunities to meet with them to discuss concerns. Official Proceedings of the July 21, 1998 Shakopee City Council Page -4- Paul Koch, 609 Milwaukee Rd, Shakopee, approached the podium and stated that he was near closing on a property on Francis Court. He said that he decided to move forward on his property last August when a 3-4 level parking ramp was put aside. He said there are a number of profit businesses on the campus and that the parking ramp appears to be located for the convenience of the doctors and staff, as it is located farthest from the cancer center. His main concern is for traffic with the main entrance toward Sarazin and away from the main highway. He asked what was wrong with the north side of the hospital. Joe Klembarsky 1224 Shakopee Ave. E, Apt. 217, approached the podium and stated that he was about to close on a property on Anton Court. He said that he is not within site of the ramp but sympathizes with those against it. He said that the average age of children is 3-5 and asked about enclosing the entire ramp. He asked if closer parking is a staff convenience as much of the existing parking is unused. He asked why the garage could not wait another year to let the residents move in and then get their opinions. He said he did not believe that there is a need for the amount of parking space being proposed and asked for a delay. He said he was relieved to see that the ramp would be brick, although he said it did not need to be so high, that it could be wider or longer, or move the entrance or location. He said he was concerned about property values. Lee Johnson, Orrin Thompson Homes, approached the podium and stated that Orrin Thompson endorses a strong and vibrant hospital, but that the parking ramp is of the wrong scale and location. He asked that if the Council moves forward with the proposed amendment, that they further debate and add those conditions included in the Frauenshuh letter, specifically the traffic flow to be forced to use the St. Francis main entrance. He also suggested that if there is an entrance to the parking ramp from Sarazin, that it be limited to the physicians and staff. He asked that noise and lighting be limited after 6:00 p.m. for the west side of the ramp. In reference to terracing, he said that terracing all levels would have a better visual effect. In reference to zone B, he said that the opportunity exists to place conditions on the use now. He said that now is the time to place conditions for zone B as to what type of use is acceptable adjacent to a single family development. Lloyd Host, 1844 French Trace Ave, approached the podium and stated that he is approximately one-half block from the campus. He said he attended the meetings and visited the campus last year. He said that in his view, the parking ramp belongs on the west side. As for the noise, he said that St. Francis's air conditioner can be heard with his window closed, and the additional traffic would add to this. He said that the average age of the children in the area is 10, and with a new school planned for the area, he recommended placing the parking ramp on the west side. Mi Bakr approached the podium and stated that he would not have chosen his lot had he known about the campus plans. He said he was sure that Orrin Thompson also knew of these plans and asked the Council members to drive through the area to see how close the ramp would be to his property. Official Proceedings of the July 21, 1998 Shakopee City Council Page -5- A discussion ensued regarding traffic orientation and other options. Michael Leek said that the Planning Commission has discussed alternative routes into the campus and said that as long as the structure is located on the east side with most of the traffic coming from Highway 169 or from the north, many will come from 17th Avenue to Sarazin. He said that signalization would not impact this. In response to a question as to why this location was chosen for the ramp, Terry Anderson stated that it serves a majority of the density on the campus in a way that allows access to the core of both the medical office buildings and the hospital in a climate controlled condition. He said that alternative locations were considered but discussion always came back to this location. Sweeney/Amundson offered Resolution No. 4947, A Resolution of the City of Shakopee, Minnesota, Approving an Amendment to the Minnesota Valley Health Campus Planned Unit Development, and moved its adoption. Link/Sweeney moved to amend Resolution No. 4947 to allow the Minnesota Valley Health Campus the flexibility to use exterior materials consistent with those already used at the site. Sweeney/Amundson moved to amend the amendment to Resolution No. 4947 to require the use of brick on the east side of the building, as previously accepted by St. Francis Regional Medical Center. Motion carried unanimously. Motion carried unanimously on the amendment as amended. A discussion ensued as to clarification of the entrance to the parking ramp. In response to questions regarding additional curb cuts on St. Francis Avenue, Bruce Loney explained that 17th Avenue will become the main thoroughfare and will have a signal at some point in the future. He said that curb cuts were put in with the construction of Sarazin Street, and no additional curb cuts have been requested. In response to a question as to whether an additional curb cut could be allowed on St. Francis Avenue, Bruce Loney said it could be done but would be dependent on the traffic flow and would require changes in the current plan. In response to questions relating to signage to direct traffic, Terry Anderson said signage could be used to direct traffic but said that a number of users would go to the entrance at the medical office buildings to pick up patients. He said a curb cut would be possible and signage would be supported to direct traffic and make access as convenient as possible. A discussion ensued regarding landscaping. Bruce Loney said that the landscaping should not be in the City's right-of-way to be maintained by staff, and said that this is not currently addressed in the Resolution. Official Proceedings of the July 21, 1998 Shakopee City Council Page -6- Sweeney/DuBois moved to amend Resolution No. 4947, by adding Condition #10 to Resolution No. 4947, to state that access and movement into and out of the parking lot can be revisited at a future date. Motion carried unanimously. Motion to approve Resolution No. 4947, as amended carried unanimously. Sweeney/Link moved to remove Resolution No. 4940, A Resolution Accepting Bids for Vierling Drive, from Sage Lane to Miller Street, Project No. 1998-2 from the table. Motion carried unanimously. Bruce Loney reported that because the assessments for this project will be approximately 18 percent higher than the feasibility report, staff was directed to obtain written confirmation of the property owner's knowledge of the increased assessments and desire to proceed with the project. He said that the developers of Crossroads Center, Oppidan, and George Daniels from Boulder Ridge have been notified of the change and all wish to proceed with the project. W.S.B. & Associates analysis resulted in two options. The first option is to award the entire contract to S.M. Hentges& Sons, Inc. The second option would be to reject all bids and have the County bid the signal this fall and the City rebid the road widening and turn lanes for next spring. The advantage of awarding the entire contract to S.M. Hentges & Sons, Inc. is that there would be one contractor responsible for the condition of the road work and signal. Option two to rebid the work would delay the construction of the improvements on Vierling Drive and Marschall Road and the traffic control signal could not be constructed this year. After reviewing the options, staff determined that awarding the contract to S.M. Hentges is the best option due to the traffic that will soon be generated with Cub Foods opening. Sweeney/DuBois offered Resolution No. 4940, A Resolution Accepting Bids on Vierling Drive, from Sage Lane to Miller Street, Project No. 1998-2, and moved its adoption. George Daniels, Boulder Ridge Development, approached the podium and stated that the traffic will double once Cub Foods opens, and that he was pleased to see that traffic signals are being installed. Dennis Crowe, Oppidan Investment Company, approached the podium to acknowledge the support of the City Council. He said that their concern is the scheduling of the project, rather than cost, with an emphasis on the contract so that the grand opening is not interrupted. Motion carried unanimously. Official Proceedings of the July 21, 1998 Official Proceedings of the July 21, 1998 Shakopee City Council Page -7- DuBois/Sweeney moved to authorize the appropriated City officials to execute an extension agreement with WSB & Associates, Inc., to provide consultant services for the City of Shakopee for the 1998-2 Project. Motion carried unanimously. Link/Amundson moved to authorize a five percent contingency amount for use by the City Engineer in authorizing change orders or quantity adjustments on the 1998-2 Project. Motion carried unanimously. Mayor Brekke reported that there have been some discussions between City staff and the County to place some temporary 4-way stop signs at this intersection, and asked that this be expedited. DuBois/Amundson moved to direct staff to expedite the placement of 4-way stop signs at the intersection of Vierling Drive and Marschall Road. Motion carried unanimously. A recess was taken at 8:56 p.m. The meeting re-convened at 9:08 p.m. Link/Amundson moved to authorize the purchase of a used aerial lift device and chassis from Aspen Equipment Company at a cost of $23,900, plus applicable sales tax from the Internal Service Fund. (Motion carried under the Consent Agenda.) Link/Amundson offered Resolution No. 4951, A Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for Southbridge Parkway Collector Street Landscaping, Lighting, Irrigation and Restoration Improvements Project No. 1997-4A, and moved its adoption. (Motion carried under the Consent Agenda). Link/Amundson moved to approve Change Order No. 4, in the amount of$22,263, in favor of James Steele Construction Company. (Motion carried under the Consent Agenda). Link/Amundson moved to authorize the Police Department to make application to the Minnesota Department of Public Safety (MDPS) for community oriented policing (COPS) overtime grant. (Motion carried under the Consent Agenda). Link/Amundson moved to authorize the Police Department to make application for a $10,896 Bureau of Justice Assistance (BJA) Local Law Enforcement Block Grant. (Motion carried under the Consent Agenda). Link/Amundson moved to authorize the Police Department to make application to the Minnesota Department of Public Safety for an award of automatic external defibrillators. (Motion carried under the Consent Agenda). Mark McNeill explained that Councilor DuBois asked staff to research the feasibility of waiving building permit fees for people who have reconstruction as a result of the May 30th storm. Official Proceedings of the July 21, 1998 Shakopee City Council Page -8- Mr. McNeill reported that the results of that survey show that Eagan is the only city which has completely waived storm permits, and that is limited to residential. He said approximately 15 permits have been taken out and paid for since the May 30th storm, and a decision would need to be made as to how to deal with those permits already paid. The Building Division expects an additional 15 permits to be taken out. He said that because insurance companies are reimbursing property owners for this work, staff did not feel that discounting the fee was warranted. However, he said that this is a policy issue. No action was taken by City Council. Michael Leek explained that the proposed alternatives for mixed uses in Ordinance No. 521 (Planned Unit Developments), have been incorporated into the proposed text amendment. He said that the original draft did not allow for density increases under Subd. 4-A. There is now a provision that allows for increases in density beyond that in the underlying zone with two conditions. Sweeney/DuBois moved to remove Ordinance No. 521 from the table. Motion carried unanimously. Sweeney/DuBois offered Ordinance No. 521, Fourth Series, An Ordinance of the City of Shakopee, Minnesota, Amending Chapter 11, Zoning, Sec. 11.50, Planned Unit Development District by Replacing it in its Entirety, and moved its adoption. A discussion ensued regarding the advantage of mixed uses. Michael Leek explained that the purpose of a Planned Unit Development is to encourage innovation, variety, and creativity in site planning and architectural design; to promote flexibility in land development and redevelopment; and to maximize development compatibility. Michael Leek stated that some language clean up is needed in the ordinance and that the Ordinance Summary is missing. The language will be changed and he will bring the Ordinance Summary back for approval at the next meeting. Motion carried unanimously. Link/Amundson moved to direct that 15 minute parking restriction signs be placed on the south side of the 200 block of 4th Avenue. (Motion carried under the Consent Agenda). Mark McNeill discussed attendance at national conferences by non-department heads. He reported that a request has been made by a Building Inspector to attend the International Conference of Building Officials (ICBO) National Conference in San Diego, California, from September 6th - 11th. He explained that attendance has been limited to one per year per department, for department heads. He suggested a rotation system so that no one employee attends more often than every four years. He also recommended adding a No. 7 to the criteria for Official Proceedings of the July 21, 1998 Shakopee City Council Page -9- attendance which would allow for regional and out of state training at the discretion of the budget and Department Head. DuBois/Amundson moved to direct that the City Administrator amend the Personnel Policy regarding attendance at national conferences by non-department head employees using the criteria outlined in the July 15, 1998, memo of Mark McNeill, with the addition of Condition No. 7, allowing for regional and out of state training at the discretion of the Department Head. (City Clerk Document No. 263) Motion carried with Cncl. Sweeney opposed. Mark McNeill explained that last year the City Council was advised that a sale was imminent of the police pistol range property. For many years an earthen embankment was used as a backdrop for target practice and the soil became contaminated. When Valley Green sought to sell the property, it was determined that the lead soil would have to be first removed and stabilized. Quotes were received and the low bid was submitted by Glenn Rehbein Companies, of Blaine at $24,305. There could also be up to $5,000 in additional consulting costs for testing of the work to be certain that all decontamination is complete. Because this was anticipated to be done last year this was not budged for this year. He said that a budget amendment would be in order and it is likely that the funds would come from the contingency fund. Sweeney/Amundson moved to authorize the appropriate City officials to execute a contract with Glenn Rehbein Companies for lead contaminated clean-up work at the police pistol range, and for monitoring to be done by American Engineering and Testing, with funding to come from surplus. Motion carried unanimously. Link/Amundson moved to approve the application and grant a wine license to Sabroso, Inc., dba Sabroso Restaurant and Market, 1120 East First Avenue. (Motion carried under the Consent Agenda). Link/Amundson moved to approve the application and grant a temporary on-sale liquor license to the Church of Saint Mark, 350 Atwood for July 25 and 26, 1998. (Motion carried under the Consent Agenda). Link/Amundson moved to nominate Gary Morke to the Planning Commission and Board of Adjustment and Appeals, and moved its adoption. (Motion carried under the Consent Agenda). Link/Amundson offered Resolution No. 4946, A Resolution Filling a Vacant on the Board of Adjustment and Appeals and on the Planning Commission. (Motion carried under the Consent Agenda). Link/Amundson moved to approve the application and grant a tobacco license to Eric Svenson, Tobacco Warehouse, River City Centre, 200 Block of East 1st Avenue. (Motion carried under the Consent Agenda). Official Proceedings of the July 21, 1998 Shakopee City Council Page -10- Link/Amundson moved to approve the application and grant a tobacco license to Minnesota Valley Restoration Project, Inc., 2187 East County Road 101. (Motion carried under the Consent Agenda). Link/Amundson moved to authorize Gresser Concrete and masonry the ability to pour concrete beginning at 6:00 a.m. from July 24 through August 31, as a suspension of 10.60 Subd. 3 (D) of the City Code. (Motion carried under the Consent Agenda). Michael Leek reported that to date, discussions with Shakopee Services have not progressed far. Mayor Brekke expressed concern that pre-schoolers are not covered by the same safety rules on Dial-A-Ride as school aged children, who are governed by safety rules on school busses. Cncl. Sweeney recommended a worksession to discuss a proposal from Shakopee Services. A discussion ensued and a work session was scheduled for Tuesday, July 28 at 4:30 p.m. Sweeney/Amundson moved to adjourn to Tuesday, July 28, 1998, at 4:30 p.m. Motion carried unanimously. The meeting was adjourned at 9:43 p.m. ta)• et( J h S. Cox City Clerk Esther TenEyck Recording Secretary 4p // CITY OF SHAKOPEE CONSENT Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director RE: City Bill List DATE: September 10, 1998 Introduction and Background Attached is a print out showing the division budget status for 1998 based on data entered as of 09/10/98 . Also attached is a regular council bill list for invoices processed to date for council approval. Included in the check list but under the control of the EDA are checks for the EDA General Fund (code 0191) , Blocks 3&4 (codes 9439 & 9447) and Seagate (code 9450 including Canterbury Drive) in the amount of $1, 168 .40 . Action Requested Move to approve the bills in the amount of $1, 624, 546 .33 . CITY OF SHAKOPEE EXPENSES BY DEPARTMENT 09/10/98 CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 00 N/A 0 0 -0 0 11 MAYOR & COUNCIL 65,330 260 35,594 54 12 CITY ADMINISTRATOR 225,000 6,196 114,458 51 13 CITY CLERK 182,430 9,947 111,920 61 15 FINANCE 326,090 7,769 227,087 70 16 LEGAL COUNSEL 253,500 3,318 177,216 70 17 COMMUNITY DEVELOPMENT 492,700 11,777 320,362 65 18 GENERAL GOVERNMENT BUILDINGS 153,890 7,370 72,580 47 31 POLICE 1,814,370 57,782 1,187,512 65 32 FIRE 486,860 9,816 300,222 62 33 INSPECTION-BLDG-PLMBG-HTG 261,400 9,692 155,750 60 41 ENGINEERING 442,010 16,557 264,118 60 42 STREET MAINTENANCE 1,228,580 10,422 730,544 59 44 SHOP 125,890 9,439 72,988 58 46 PARK MAINTENANCE 377,940 16,874 252,545 67 91 UNALLOCATED 526,830 841 316,285 60 TOTAL GENERAL FUND 6,962,820 178,060 4,339,182 62 17 COMMUNITY DEVELOPMENT 485,570 27,090 249,623 51 TOTAL TRANSIT 485,570 27,090 249,623 51 19 EDA 156,600 2,940 42,606 27 TOTAL EDA 156,600 2,940 42,606 27 H ' .1) tn al 04 a s aaa a s aaaaaaaaaaaaaa a s as a a x x H H H H H H H HHHHHHHHHHHHHH H H H H H H 0 0 C4 W 0 a a6 z H O 0 Z H N N N Co 0 W 0 Co 0 m co U V'w a 0) Co H m V' N N N H U1 U)111 un un al U)un U)N Ul Ul Ul U) N W)O N U1 O 0) al H H H 0)O)01 a1 0)0)O)01 01 0)0)0)O)01 CD 01 0) N U) to to U1 H H H 0) E a w 1a)u)o VD VD 10 a VD)p)p)o)o w H )v w o m 111 U1 IAto t11 un L!)L11 Lll t.f)111 U)Ulu-)U) 0) H LC) 0) Ol in111 H 0 0 000 co W 00000000000000 co O 00 CO CO 0 0 0 O Cta W Cc, M Cl) 00000000000000 M 0 0 O Cl M O O 10 H V U)00 00 N H H rl H ri rl H ri ri H ri H H 10 M H O 10 a0 CO H 0 E-i CO CO CO CO CO N 00 M m m M m on M m M m M m 01 1.". 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N �1 .P 01 O ,P CO W N N H Ul U1 -U) - 01 H 'P W Lt N Ul CO 0 -4 N H W J �P 0 H W in N in O O W 10 H 'P •4 J 01 01 ,P N 01 CO CO H 01 W Ut CO O Co 10 W W N W 10 0 0 r H 01 01 0 ,P W O W OD W 0 H 0 10 N oA CO 10 0 0 N -1 r O 0) Liz PC/ r 10 Co O CO N J 0 r CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Marschall Road Railroad Crossing Closure DATE: September 9, 1998 The City has been notified by Joe Kane of the Scott County Highway Department,that the Union Pacific Railroad has requested closure of the Marschall Road rail crossing for one week, beginning September 21st. The purpose of the closure will be to replace crossing material. During this time, Mr. Kane is suggesting that a detour be set up, utilizing Fourth Avenue and Shenandoah. Obviously,this will have an impact on many people and businesses,as Marschall is a heavily traveled road. The City will send notices to adjacent businesses, and Scott County will put a notice in the Shakopee Valley News. We will also encourage Scott County to put up advisory signs in advance of the closure date so that drivers are aware of this. A Mark McNeill City Administrator MM:tw DETOUR.DOC l3 SHAKOPEE Small Cities Development Program Application 1999 r I' l MINNESOTA SMALL CITIES DEVELOPMENT PROGRAM Introduction • Federal Department of Housing and Urban Development (HUD) grants approximately 20 million dollars annual to Minnesota • Minnesota Department of Trade and Economic Development (DTED) conducts an "annual" competition for the funds • Eligible jurisdiction submit application to DTED • Approximately 100 applicants are submitted and 30 applications are funded • Often a two year process Eligible Jurisdictions Cities, counties and townships with populations less than 50,000 Eligible Activities Housing - acquisition, demolition, rehabilitation Public Facilities - wells, water treatment plants, distribution systems, wastewater treatment plants, collection systems, streets Economic Development - commercial rehabilitation Application Type Single Purpose - one activity Comprehensive - two or more activities Federal Objective Activities must meet one of the following criteria: • Elimination of slums and blights • Benefit low/moderate income citizens • Eliminate an urgent threat to health or safety Funding • Maximum $600,000 for single purpose project • Maximum $1,400,000 for comprehensive project Application Submission Deadline October 1, 1998 Grant Award March 1, 1999 SHAKOPEE DOWNTOWN REVITALIZATION PROGRAM • Total Project - $9,787,500 includes River City Centre Project • Funding Request to SCDP - $980,750 • Three Program Activities - Commercial Rehabilitation - 20 buildings - Single Family Rehabilitation - 35 dwellings - Rental Rehabilitation - 40 units • Activities undertaken in Downtown Target Area • Program consistent with on-going planning TARGET AREA DESCRIPTION • To rank highly in the Grant Competition, application must show high impact on redevelopment needs of an area. • Boundaries - South Boundary - 3rd Avenue - East Boundary - Naumkeag and Market Streets - North Boundary- River - West Boundary - Shumway and Clay Streets • Commercial Rehab Area - Three commercial blocks bordered by 1st and 2nd Avenues, and Fuller and Sommerville Streets • Target Area has a high concentration of: - Substandard buildings - Older Rental Units - Low/moderate income households TARGET AREA RESIDENTIAL UNITS • 84 Owner Occupied Single Family Dwellings - 45 minor rehabilitation - 30 major rehabilitation - 0 dilapidated - 9 sound • 103 Rental Units - 15 single family houses - 18 duplexes - 2 triplexes - 2 8-plexes - 31 in mixed used buildings • Condition of Units - 40 minor rehabilitation - 43 major rehabilitation - 2 dilapidated - 19 sound COMMERCIAL BUILDINGS (THREE BLOCK TARGET AREA) • 30 buildings - 13 substandard - major - 10 substandard - minor - 7 standard * 46 businesses are located in the 30 buildings OCD 0 01p0 cnto 0 00 O Ia 05 o0 cnZ CD n 5 o5 � � o5' `2s° .. o ~•— 2-1 ce 8 o0-AI rn8 A - § cr. cl, go b ati .. a+ m0"aa‘ 5 H m omon a 00 o c) ND Cl! 0 1.4 o 1..2 "CTI cn b 0 0 0 cx 0 0 o Cl! oo ND NI ND o 0 0 0 o 0 o 0 LW od ttl '11 CI Cli 0o 0o y r�r�� +n Cl) o0o coo 0 44 x c y n CO ND a ND o til , d cn o o o � 4Z m ro o 0 0 0 o m g C0 0 It o i ND o o I 4> 0 0 C opo opo t4 0 0 o 0 co co y3 y oo- 0 0 0 0 t 0 0 0 0 0 0 Fi 0 0 0 0 0 0 RENTAL PROPERTY • Rental Property Owners are eligible for a 50% deferred loan with a maximum of $7,500 deferred loan per unit Example: Duplex - Rehabilitation Costs of $17,000 Deferred loan amount $8,500 ($4,250 per unit) • To qualify at least 50% of the rental units must be occupied by low/moderate income households • Rental Property Owners must agree to freeze rents for the first year following rehabilitation and must not exceed Fair Market Rents for at least five years COMMERCIAL PROPERTY • Commercial Property Owners are eligible for a 50% deferred loan with a maximum $30,000 deferred loan per building. Example: Rehabilitation Costs of$40,000 Deferred loan amount of$20,000 OWNER OCCUPIED PROPERTY Very Low Income - $100% deferred loan - $15,000 maximum Moderate Income - 50-90% deferred loan SHAKOPEE HOUSEHOLD INCOME LIMITS Number in Household Eligible Income 1 person $31,700 2 person $36,250 3 person $40,750 4 person $45,300 5 person $48,900 6 person $52,550 7 person $56,150 8 person $59,800 CITY COUNCIL ACTION • Resolution - authorizing application submission ▪ Resolution - slum and blight funding • RESOLUTION # RESOLUTION IDENTIFYING "SLUM AND BLIGHTING" CONDITIONS WHEREAS, the City of Shakopee is undertaking a program of downtown revitalization and redevelopment; WHEREAS, the City of Shakopee has identified a specific area hereafter referred to as the "Slum/Blight Area" in which revitalization activities will occur; WHEREAS, the City Council of Shakopee has assessed the condition of the buildings and the other characteristics of the slum\blight area and has determined that the area can be characterized as blighted by reason of dilapidation, obsolescence, overcrowding, faulty arrangement of design, lack of ventilation, light and sanitary facilities, excessive land coverage or deleterious land use or obsolete layout or any combination of these or other factors, which are detrimental to the safety, health, morals, or welfare of the community in accordance with M.S. 469.002. Subd. 11. Furthermore, the City Council of Shakopee has identified the existence of substandard residential units, the inability of commercial structures to meet codes, the general condition of deteriorating storefronts on the commercial buildings, and existence of dilapidated structures in the area as contributing to the slum and blighting conditions of the Slum/Blight Area. (Please refer to Exhibit A) THEREFORE, BY RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SHAKOPEE, THE AREA IDENTIFIED AS THE TARGET AREA(SEE ATTACHED MAP) IS CHARACTERIZED BY CONDITIONS MEETING THE DEFINITION OF "SLUM AND BLIGHT". Adopted the 15th day of September, 1998. City Administrator Mayor RESOLUTION # LOCAL GOVERNMENT RESOLUTION (FP-21XSCDP) Applicant Name: City of Shakopee RESOLUTION OF APPLICANT BE IT RESOLVED that the City of Shakopee act as the legal sponsor for project(s) contained in the Business and Community Development Application to be submitted on October 1, 1998 and that the Mayor is hereby authorized to apply to the Department of Trade and Economic Development for funding of this project on behalf of the City of Shakopee; BE IT FURTHER RESOLVED, that the City of Shakopee has the legal authority to apply for financial assistance, and the institutional, managerial, and financial capability to ensure adequate construction, operation, maintenance and replacement of the proposed project for its design life; BE IT FURTHER RESOLVED, that The City of Shakopee has not incurred any costs, has not entered into any written agreements to purchase property; BE IT FURTHER RESOLVED, that the City of Shakopee has not violated any federal, state, or local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice; BE IT FURTHER RESOLVED, that upon approval of its application by the state, the City of Shakopee may enter into an agreement with the State of Minnesota for the above- referenced project(s), and that the City of Shakopee certifies that it will comply with all applicable laws and regulations as stated in all contract agreements and described on the Compliance's Section (FP-10) of the Business and Community Development Application; NOW, THEREFORE BE IT RESOLVED that the Mayor is hereby authorized to execute such agreements as are necessary to implement the project(s) on behalf of the applicant. I CERTIFY THAT the above resolution was adopted by the City Council of the City of Shakopee on September 15, 1998. ATTEST: City Administrator Mayor Exhibit A Commercial Rehabilitation Slum/Blight Area Property No. Condition F.M.V. Slum and Blight 2700114909 Substandard - $65,900 Needs tuckpointing and window minor repair 270011500 Standard $54,400 Building recently renovated 270011470 Substandard - $77,200 Needs new windows, boiler and air major conditioning system need replacement, paint peeling 270011520 Substandard - $142,700 Paint peeling, roof needs major replacement, windows need replacement 270011510 Substandard - $16,100 Needs new windows and new minor roofing 270011550 Substandard - $136,700 Rear of building deteriorating, paint major peeling, windows need replacement 270011530 Substandard - $68,500 Roof leaking, needs tuckpointing, major doors and windows are rotting and need replacement 270011560 Substandard - $121,900 Building needs facade work minor 270011440 Substandard - $430,300 Roof leaks, needs replacement minor 270011850 Standard $211,900 Building recently renovated 270011860 Substandard - $64,800 Roof leaking, tuckpointing needed, minor rear of building is deteriorating 270011840 Substandard - $69,300 Roof needs replacement, paint major peeling, windows rotting, structural deterioration 270011830 Substandard - $76,600 Roof needs replacement, paint major peeling, windows rotting 270011820 Standard $137,800 Building in excellent condition 270011860 Substandard - $42,900 Building structurally deteriorating, major roof leaking, windows and doors rotting 270011920 Standard $222,100 Building in good condition • 270011620 Substandard - $63,800 Roof leaks, heating and air minor conditioning needs replacement 270011730 Substandard - $150,300 Needs facade improvements, energy major efficiency needs, upper floor needs renovation 270011720 Substandard - $67,500 Water heater, heating system need major replacement, roof leaks, windows need replacement 270011710 Substandard - $73,100 Windows and doors rotting, roof major needs replacement 270011700 Substandard - $151,000 Stucco chipping, windows need major replacement, facade needs renovation 270011690 Substandard - $72,300 Building needs new windows and minor roof replacement 270011680 Substandard $76,200 Building in good condition 270011640 Standard $81,500 Recently renovated 270011650 Substandard - $124,700 Vacant building - needs total major renovation of all components 270011630 Substandard - $36,600 Needs windows and energy related minor improvements 270011620 Substandard - $63,800 Roof in poor condition, siding needs minor repair 270011590 Standard $211,200 Building in excellent condition 270011880 Substandard - $56,300 Needs exterior tuckpointing, needs minor roof replacement 270011890 Substandard - $43,600 Needs windows, facade minor improvements, energy conservation improvements Substandard - major 13 buildings Substandard - minor 10 buildings Standard 7 buildings Dilapidated 0 buildings • I . . CV (3! Al .1 ti • i • 1"1.a ' i '...J p• v) o b '1S aaourrna , :qi-n' H • • . . .. • d / _ ., ., . ' '1S .iaauads / .. G'3 0 ` �_ � �S alltasaucutog ,,,,,,,1,1 . , (L 1 .k., .1. � • d � d� �- i �H MI a '1S st.m.al ~'po Qi 1-- J \\ L— ......4 • k L,,,,i, g 0 p. \ ,,,',„ L r '1S sauziog E----:.S '� . ,• W - . . • P \ • U Fl/if - "IS aajjlld L'14 ��F z - 1 \I El „v. - A - I - .1, i '1S p00.ACIV v _ Nounsc� ti:�; \ is 1.-4.oas - 09/14/1998 14:40 507-334-2395 FINER SECRETARIAL PAGE 02 RESOLUTION#_ q RESOLUTION IDENTIFYING "SLUM AND BLIGHTING" CONDITIONS WHEREAS, the City of Shakopee is undertaking a program of downtown revitalization and redevelopment; WHEREAS, the City of Shakopee has identified a specific area hereafter referred to as the "Slum/Blight Area" in which revitalization activities will occur; WHEREAS, the City Council of Shakopee has assessedanbas�d condition of the arhe ea be and the other characteristics of the Blum\blight are characterized as blighted by reason of dilapidation, obsolescence, overcrowding, faulty arrangement of design, lack of ventilation, light and sanitary facilities, excessive land coverage or deleterious land use or obsolete layout ormorals,any welfare of these community of the or other factors, which are detrimental to the safety, in accordance with M.S. 469.002. Subd. 11. Furthermore, the City Council of Shakopee has identified the existence of substandard residential unite, the inability of commercial structures to meet codes, thedcturexistencees t condition of deteriorating storefronts on the commercial buildings, es of dilapidated structures in the area as contributing to the slum and blighting conditions of the Slum/Blight Area. (Please refer to Eibi bit A) THEREFORE,BY AREA IDTION ENTIFIED ASHE CTHE YCOUNCIL A GET AREA(SEE ATTACHED MAP) THE CITY OF SHAKOPEE,THE AREA IDEN IS CHARACTERIZED BY CONDITIONS MEETING THE DEFINITION OF "SLUM AND BLIGHT". Adopted the 15th day of September, 1998. City Administrator Mayor U7/14/17tf 14:4b 5b FINER SECRETARIAL PAGE 04 • Exhibit A Commercial Rehabilitation Slum/Blight Area Property No. Condition F.M.V. Slum and Blight 2700114909 Substandard - $65,900 Needs tuckpointing and window minor repair 270011600 Standard $54,400 Building recently renovated 270011470 Substandard - $77,200 Needs new windows, boiler and air major conditioning system need replacement, paint peeling 270011620 Substandard - $142,700 Paint peeling, roof needs major replacement, windows need replacement 270011510 Substandard - $16,100 Needs new windows and new minor roofing 270011560 Substandard - $136,700 Rear of building deteriorating, paint major peeling, windows need replacement 270011530 Substandard - $68,500 Roof leaking, needs tuckpointing, major doors and windows are rotting and need replacement 270011560 Substandard - $121,900 Building needs facade work minor 270011440 Substandard - $430,300 Roof leaks, needs replacement minor 270011850 Standard $211,900 Building recently renovated 270011860 Substandard - $64,800 Roof leaking, tuckpointing needed, minor rear of building is deteriorating 270011840 Substandard - $69,300 Roof needs replacement, paint major peeling, windows rotting, structural deterioration 270011830 Substandard - $76,600 Roof needs replacement, paint major peeling, windows rotting 270011820 Standard $137,800 Building in excellent condition 270011860 Substandard - $42,900 Building structurally deteriorating, major roof leaking, windows and doors rotting 270011920 Standard $222,100 Building in good condition 09/14/1998 14:40 507-334-2395 FINER SECRETARIAL PAGE 05 270011620 Substandard - $63,800 Roof leaks, heating and air minor conditioning needs replacement 270011730 Substandard - $150,300 Needs facade improvements, energy e major efficiency needs, upper s renovation 270011720 Substandard - $67,500 Water heater, heating system need major replacement, roof leaks, windows need replacement 270011710 Substandard - $73,100 Windows and doors rotting, roof major needs replacement 270011700 Substandard - $151,000 Stucco chipping, windows need major replacement, facade needs renovation 270011690 Substandard - $72,300 Building needs new windows and minor roof replacement 270011680 Substandard $76,200 Building in good condition 270011640 Standard $81,500 Recently renovated 270011650 Substandard - $124,700 Vacant building - needs total major renovation of all components 270011630 Substandard - $36,600 Nee ds windows _ and energy related minor 270011620 Substandard - $63,800 Roof in poor condition, siding needs minor repair 270011590 Standard $211,200 Building in excellent condition L 270011880 Substandard - $56,300 Needs exterior tuckpointing, needs minor roof replacement 270011890 Substandard - 1 $43,600 Needs windows, facade minor improvements, energy conservation improvements Substandard -major 13 buildings Substandard - minor 10 buildings Standard 7 buildings Dilapidated 0 buildings 09/14/1998 14:40 507-334-2395 FINER SECRETARIAL PAGE 06 • 1 i c\I ______,... 11:46 :)_:___ 1i II . - _ _._— ' 168 i. . : ._ IS a.zoU1j l3 . ; B : , . . , _:. . ...._ is aaauads i , i ' 1 1S 'ini.catUUTOS S. Z K[aTdC2 ( M\` - hl d IL,Ig (13 1Q t IC A 1 1. 1 . da d ‘24 to ~ U h 1S SfAt@l 71 . r_l_ i\..1 \ m g . . . [7.• '. ' t ' / 1S r' -1S 191Ind 0121 UD a . II .. _ ° - pooiu.gy' - . - . �s • ....0, � N Noans v IIMI# 1S 1.4005 • .) in -+ _ . V.y/14/ J.770 14. 4V DG( ii4.-ZJ7' r'INtA Stl�Kt I AKi L f'A(5E. b3 RESOLUTION#�9�5 LOCAL GOVERNMENT RESOLUTION (FP-21XSCDP) Applicant Name: City of Shakopee RESOLUTION OF APPLICANT BE IT RESOLVED that the City of Shakopee act as the legal sponsor for project(s) contained in the Business and Community Development Application hbe submitted o October 1, 1998 and that the Mayor is hereby authorized to applyDepartment Trade and Economic Development for funding of this project on behalf of the City of Shakopee; BE IT FURTHER RESOLVED, that the City of Shakopee has the legal authority to apply for financial assistance, and the institutional, managerial, and financial capability to ensure adequate construction, operation, maintenance and replacement of the proposed project for its design life; BE IT FURTHER RESOLVED, that The City of Shakopee has not incurred any costs, has not entered into any written agreements to purchase property; BE IT FURTHER RESOLVED, that the City of Shakopee has not violated any federal, state, or local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice; BE IT FURTHER RESOLVED, that upon approval of its application by the state, the City of Shakopee may enter into an agreement with the State of Minnesota for the above- referenced project(s), and that the City of Shakopee certifies that it will comply with all applicable laws and regulations as stated in all contract agreements and described on the Compliance's Section(FP-10)of the Business and Community Development Application; NOW, THEREFORE BE IT RESOLVED that the Mayor is hereby authorized to execute such agreements as are necessary to implement the project(s) on behalf of the applicant. I CERTIFY THAT the above resolution was adopted by the City Council of the City of Shakopee on September 15, 1998. ATTEST: City Administrator Mayor 19. CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Julie Klima, Planner II SUBJECT: Preliminary Plat for HTS Properties First Addition DATE: September 14, 1998 Discussion Mr. Tim Smith is requesting Preliminary Plat approval of HTS Properties First Addition. The subject site is located north of 7th Avenue and east of Market Street. A copy of the September 3, 1998,Planning Commission staff memo has been attached for your reference. At the September 3, 1998, meeting, the Planning Commission held significant discussion regarding two aspects of the staff recommendation. The first item of discussion was Condition No. 5 of the staff recommendation, which reads as follows: "the developer shall install curbing between his property line and the alley along the southern boundary of the plat." Discussion held by the Commission was related to the perceived potential of the curbing to complicate matters on site (ie, visibility of the curb to residents and snow plows after a snowfall, etc.). The Planning Commission ultimately voted to recommend to the City Council that Condition No. 5 be deleted and that a condition be added that states: "Three (3) parking spaces which comply with City Code Section 11.61, shall be striped in the parking area south of the apartment building and north of the alley." The second point of discussion was Condition No. 2.d of the staff recommendation. Condition No. 2.d reads as follows: "Park dedication payment in the amount of$5,920.00 shall be paid for Lot 2, Block I. Park dedication fees consistent with the City's Fee Schedule in place at the time of development shall be collected for Lot 1, Block 1." The Planning Commission voted to delete the first sentence of the staff recommendation. Therefore, the recommendation being forwarded from the Planning Commission would not require the applicant to provide any park dedication payment for the existing apartment building but would require park dedication fees to be collected for any new structure constructed on Lot 1, Block 1. The logic behind the Planning Commissions recommendation was that the existing apartment building had already paid any necessary park fees at the time of building permit approval and therefore is not responsible for any further park dedication fees. The building permit for the apartment building was issued in 1965 and an $80.00 park fee was collected at that time. Staffs recommendation to collect park dedication fees for the apartment building is based on past practice of the City to collect fees from Canterbury Park 5th Addition and 10th Avenue Addition. Background on these two examples is as follows: Canterbury Park 5th Addition was a replat of Canterbury Park 2nd and 4th Additions. At the time of platting, the 2nd and 4th Additions paid the park dedication fees due at that time. By the time that the property was replatted into the 5th Addition, park dedication fees had increased. Park dedication fees for the 5th Addition were then calculated at the current rate and any fees already paid with the 2nd and 4th Additions were credited to current rate amount. The park dedication fees for 10th Avenue Addition were collected on an existing single family home located on property that had not previously been platted. Therefore, at the time that the property was platted, the City collected park dedication fees consistent with the fee schedule in place. The third item of discussion for the Planning Commission was the width of the proposed Lot 1, Block 1. The property is located in the Old Shakopee Residential (R-1C)zoning district. This zone allows single family homes to be constructed on lots with a minimum width of 50 feet. Two family homes can be constructed on lots with a minimum width of 70 feet. The applicant had proposed Lot 1, Block 1 with a width of 70 feet. The Planning Commission has recommended to the City Council that a condition be added to the plat requiring Lot 1, Block 1 to be redrawn to a width of 69 feet in order to prevent the construction of a two family home on this lot. The applicant could, in the future, request a minor subdivision to realign this lot line. The minor subdivision process is purely administrative. Staff is requesting that the City Council discuss these items and provide direction as to the preferred alternative. Alternatives 1. Approve the Preliminary Plat, subject to conditions, as recommended by staff 2. Approve the Preliminary Plat, subject to conditions, as recommended by the Planning Commission. 3. Approve the Preliminary Plat, subject to revised conditions. 4. Do not approve the Preliminary Plat. 5. Table action on this item and request additional information from the applicant and/or staff Planning Commission Recommendation The Planning Commission recommended the approval of the Preliminary Plat of HTS Properties First Addition, subject to the following conditions: A. The following procedural actions must be completed prior to the recording of the Final Plat: 1. Approval of title by the City Attorney. 2. Execution of a Developers Agreement for construction of required public improvements: a) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. b) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. c) Installation of sanitary sewer and storm sewer systems in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. d) Park dedication fees consistent with the City's Fee Schedule in place at the time of development shall be collected for Lot 1, Block 1. 3. The Final Construction Plans and Specifications must be approved by the City Engineer and Shakopee Public Utilities prior to the commencement of construction. 4. The developer acknowledges the presence of assessments on the property and waives his right to appeal the reapportionment. 5. Three(3)parking spaces which comply with City Code Section 11.61, shall be striped in the parking area south of the apartment building and north of the alley. 6. All refuse containers shall be screened from public view. 7. Utility connections to the City's system and all restoration work in the City right-of-way shall be constructed as required by City Code, and as required by the City's standard specifications. 8. Lot 1, Block 1 shall be redrawn to width of 69 feet. Staff Recommendation Staff recommends approval of the Preliminary Plat of HTS Properties First Addition, subject to the following conditions: A. The following procedural actions must be completed prior to the recording of the Final Plat: 1. Approval of title by the City Attorney. 2. Execution of a Developers Agreement for construction of required public improvements: a) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. b) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. c) Installation of sanitary sewer and storm sewer systems in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. d) Park dedication payment in the amount of$5,920.00 be paid for Lot 2, Block 1. Park dedication fees consistent with the City's Fee Schedule in place at the time of development shall be collected for Lot 1, Block 1. 3. The Final Construction Plans and Specifications must be approved by the City Engineer and Shakopee Public Utilities prior to the commencement of construction. 4. The developer acknowledges the presence of assessments on the property and waives his right to appeal the reapportionment. 5. The developer shall install curbing between his property line and the alley along the southern boundary of the plat. 6. All refuse containers shall be screened from public view. 7. Utility connections to the City's system and all restoration work in the City right-of-way shall be constructed as required by City Code, and as required by the City's standard specifications. Action Requested Provide direction as to the preferred alternative and direct staff to prepare the appropriate resolution for consideration on the Consent Agenda at a future date. lie Klima Planner II i:\commdev\c61998\cc0915\pphtsl.doc l' CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Julie Klima, Planner II SUBJECT: Preliminary Plat of HTS Properties First Addition DATE: September 3, 1998 Site Information: Applicant: Tim Smith Location: North of 7th Avenue and east of Market Street Current Zoning: Old Shakopee Residential (R-1C) Adjacent Zoning: North: Old Shakopee Residential (R-1C) South: Old Shakopee Residential (R-1C) East: Old Shakopee Residential (R-1C) West: Medium Density Residential (R2) Comp. Plan: 1995: Single Family Residential Area: Less than one(l) acre MUSA: The site is within the MUSA. Introduction Tim Smith is requesting approval of the Preliminary Plat for HTS Properties 1st Addition. The subject site is located north of 7th Avenue and east of Market Street(Please see Exhibit A). Considerations The site is currently composed of an eight (8) unit apartment building and undeveloped property. The applicant is proposing to "split off" some of the undeveloped property in order to create a lot that would support the construction of a single family or two family home (See Exhibit B). This use is permitted within the R-1 C zone, however, the apartment building is a nonconforming use in this zone. Therefore, as many design standards as possible must be met in conjunction with the apartment building to ensure that the nonconformity is not increased. The apartment building fronts on Market Street, however access is provided to the parking area via the alley on the south side of the property. The applicant is currently using the driveway off of Market Street to provide off street parking spaces, thereby, directing vehicular access to the apartment building to occur from the alley. City Code Section 11.02 provides definitions for"alley" and"street". • Alley is defined as "a public right-of-way which affords a secondary means of access to abutting property". • Street is defined as"a public right-of-way affording primary access by pedestrians and vehicles to abutting properties". As currently designed, this configuration does not meet the intent of the Zoning Ordinance. Upon conferring with the City Attorney, staff is recommending that as a condition of the plat, the applicant be required to install a curb along the property line between his property and the alley. This would require access to the parking area to be taken off of Market Street. Access to the proposed new lot would also occur from Market Street. City Code Section 11.61 requires that two (2) off-street parking spaces be provided for each dwelling unit. Given the eight (8) units in the apartment building, sixteen (16) off-street parking spaces would be required. The parking lot, as currently designed, does provide the required sixteen (16) parking spaces. However, with the installation of the proposed curb, the parking lot would need to be re- striped spaces necessaryto meet the requirement. The to accommodate the three (3) additional q 15foots from all and 5 foot setback e back from streets meets the requiredt parking area, currently other property lines. If the parking area were to expand, it would be required to continue to meet the setback provisions. The refuse container for the apartment is located adjacent to the alley. Staff is recommending that the refuse container be screened from public view. The building permit for the apartment building was issued in 1965. According to the building permit, a park assessment fee of$80.00 was collected at that time.. Because this is an application for a new subdivision and consistent with past practices (including Canterbury Park 5th Addition and 10th Avenue Addition) staff is recommending that park dedication fees be calculated at the current rate less the amount already paid. Therefore, ($750.00/unit x 8 = $6,000.00 less $80.00) $5,920.00 is due in park dedication fees on the apartment building. This fee must be paid prior to the recording of the Final Plat. Should dwelling unit(s) be constructed on the newly proposed lot, park dedication fees will become due for those unit(s)at a rate consistent with the City's fee schedule in place at that time. The Engineering Department has commented that utility connections to the City's system and all restoration work in the City right-of-way shall be constructed as required by City Code, and as required by the City's standard specifications. The Building Official has commented that new sewer and water connections may be required. A permit is required to work in the right-of-way to make connections to the mains in the streets. The Finance Department has commented that existing assessments totaling $4,261.37 will need to be reapportioned. Due to the need to reapportion, staff is requesting that the applicant submit lot area calculations with the Final Plat application. Alternatives 1. Recommend to the City Council approval of the Preliminary Plat of HTS Properties First Addition, subject to conditions. 2. Modify the recommended conditions, and recommend to the City Council approval of the Preliminary Plat, subject to the revised conditions. 3. Recommend to the City Council the denial of the Preliminary Plat, stating the reasons for denial. 4. Table the decision to allow staff and/or the applicant to provide additional information. Staff Recommendation Staff recommends Alternative No. I, to recommend to the City Council approval of the Preliminary Plat of HTS Properties First Addition, subject to the following conditions: a) The following procedural actions must be completed prior to the recording of the Final Plat: i) Approval of title by the City Attorney. ii) Execution of a Developers Agreement for construction of required public improvements: a) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. b) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. c) Installation of sanitary sewer and storm sewer systems in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. d) Park dedication payment in the amount of$5,920.00 be paid for Lot 2, Block 1. Park dedication fees consistent with the City's Fee Schedule in place at the time of development shall be collected for Lot 1, Block 1. iii) The Final Construction Plans and Specifications must be approved by the City Engineer and Shakopee Public Utilities prior to the commencement of construction. iv) The developer acknowledges the presence of assessments on the property and waives his right to appeal the reapportionment. v) The developer shall install curbing between his property line and the alley along the southern boundary of the plat. vi) All refuse containers shall be screened from public view. vii) Utility connections to the City's system and all restoration work in the City right-of-way shall be constructed as required by City Code, and as required by the City's standard specifications. 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Ames, husband&wife(Owner) Pheasant Run of Shakopee,LLP (Applicant) DATE: September 14th, 1998 Discussion Mr. &Mrs. Raymond Ames, along with Pheasant Run of Shakopee, LLP are requesting Final Plat approval of Pheasant Run First Addition. The subject site is located north of Valley View Road and east of the Prairie Village plat (please see Exhibit A). A copy of the September 3rd, 1998, Planning Commission staff memo has been attached for your reference. Alternatives 1. Approve the Final Plat of Pheasant Run First Addition, subject to conditions recommended by the Planning Commission and staff. 2. Revise the conditions of approval for the Final Plat of Pheasant Run First Addition, and approve subject to the revised conditions. 3. Do not approve the Final Plat of Pheasant Run First Addition. 4. Table action on this item and request additional information from the Pheasant Run of Shakopee,LLP and/or staff Planning Commission Recommendation The Planning Commission recommended the approval of the Final Plat of Pheasant Run First Addition, subject to conditions(Alternative No. 1). Action Requested Offer Resolution No. 4979, a Resolution Approving the Final Plat of Pheasant Run First Addition, subject to conditions, and move its approval. i:\commdev\c61998\cc0915\phesrunl.doc RESOLUTION NO. 4979 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,APPROVING THE FINAL PLAT OF PHEASANT RUN FIRST ADDITION WHEREAS, Raymond G. Ames & Karen L. Ames, husband & wife, are owners of said property, and Pheasant Run of Shakopee,LLP is the Applicant; and WHEREAS, the property upon which the request is being made is legally described as follows: The Southeast Quarter of the Northwest Quarter of Section 17, Township 115, Range 22, Scott County,Minnesota. EXCEPT that part of said Southeast Quarter of the Northwest Quarter, described as follows: Beginning at the most northerly corner of Outlot A, PRAIRIE VILLAGE 2nd ADDITION, according to the recorded plat thereof said Scott County; thence South 0 degrees 05 minutes 49 seconds Fast, assumed bearing, along the east line of said Outlot A, a distance of 399.55 feet; thence North 77 degrees 40 minutes 33 seconds East 96.26 feet; thence North 13 degrees 31 minutes 40 seconds West 169.19 feet; thence North 76 degrees 30 minutes 35 seconds East 20.00 feet; thence North 19 degrees 34 minutes 03 seconds West 222.70 feet to the point of beginning. AND that part of the East One Half of the Southwest Quarter of Section 17, Township 115, Range 22, Scott County,Minnesota, lying North of the center line of Valley View Road Except the following described parcel: Beginning at the Northwest corner of said East Half of the Southwest Quarter; thence South 89 degrees 33 minutes 33 seconds East along the north line of said East Half of the Southwest Quarter, a distance of 21.00 feet; thence South 00 degrees 26 minutes 14 seconds East, a distance of 1301.77 feet; thence South 01 degrees 02 minutes 06 seconds East, a distance of 227.00 feet; thence South 02 degrees 15 minutes 14 seconds East, a distance of 217.00 feet more or less to the center line of Valley View Road; thence northwesterly along said center line to its intersection with the west line of said East Half of the Southwest Quarter; thence northerly along said west line to the point of beginning. Containing 106.00 acres more or less. AND All that part of the following described property: That portion of the East Half of the Southwest Quarter of Section 17, Township 115, Range 22, Scott County,Minnesota, described as follows: Beginning at the northwest corner of said East Half of the Southwest Quarter; thence South 89 degrees 33 minutes 33 seconds East, along the north line of said East Half of the Southwest Quarter, a distance of 21.00 feet; thence South 00 degrees 26 minutes 14 seconds East, a distance of 1301.77 feet; thence South 01 degree 02 minutes 06 seconds East, a distance of 227.00 feet; thence South 02 degrees 15 minutes 14 seconds East, a distance of 217.00 feet more or less to the center line of Valley View Road; thence northwesterly along said center line to its intersection with the West line of said East Half of the Southwest Quarter; thence northerly along said west line to the point of beginning. Which lies northerly of the northerly dine and its easterly extension of the following described property: All that part of the Southwest Quarter of the Southwest Quarter of Section 17, Township 115, Range 22 West, Scott County,Minnesota, described as follows: Starting at the southwest corner of said Section 17, Township 115, Range 22, and running thence north on the section line 1395.0 feet to the center line of Valley View Road; thence South 73 degrees 23 minutes East along the center line of said road at an angle of 106 degrees 37 minutes to the right 714.0 feet; thence north parallel to the section line 125.0 feet; thence east at an angle of 90 degrees 35 minutes to the right 486.7 feet to the point of beginning of land herein to be described; thence south and parallel to the east line of the Southwest Quarter of the Southwest Quarter, a distance of 302.0 feet to the center line of Valley View Road; thence southeasterly along center line of said highway a distance of 241 feet to the intersection of the east line of said Southwest Quarter of the Southwest Quarter; thence north on said quarter quarter line 433.1 feet; thence west 200.0 feet to the point of beginning. AND Outlot A and B, PRAIRIE VILLAGE 3rd ADDITION, according to the recorded plat thereof Scott County, Minnesota. and WHEREAS, the Planning Commission of the City of Shakopee did review the Final Plat of Pheasant Run First Addition on September 3rd, 1998, and has recommended its approval; and WHEREAS, all notices of the public hearing for the Preliminary Plat were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,as follows: That the Final Plat of Pheasant Run First Addition is hereby approved subject to the following conditions: A. The following procedural actions must be completed prior to the recording of the Final Plat: i) Approval of title by the City Attorney. ii) Execution of the Developers Agreement for construction of required public improvements: a) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. b) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. c) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. d) Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. iii) The Final Construction Plans and Specifications must be approved by the City Engineer and the Shakopee Public Utilities Commission prior to construction. iv) The developer shall provide easements, as required by City Code, including access easements to the ponding area. v) The developer shall be responsible for payment of Trunk Storm Water charges, Trunk Sanitary Sewer charges, engineering review fees, and other fees as required by the City's adopted Fee Schedule. vi) No building permits shall be issued for any of the proposed outlots until such time as they are replatted or combined with adjacent properties so that they meet the City's design standards. vii) The developer shall sign a petition and waiver for the improvement of Valley View Road. viii) The developer shall install all subdivision monumentation within one year from the date of recording the plat. At the end of the one year period from recording of the Plat, the developer shall submit to the City Engineer written verification by a registered land surveyor that the required monuments have been installed throughout the plat. Monumentation may only be installed on a per lot basis at the time of building permit issuance with prior approval of the City Engineer. B. The following conditions shall apply after the filing/recording of the Final Plat: 1. Building construction, sewer and water services, fire protection and access shall be reviewed for code compliance at time of building permit application. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute said Plat and Developer's Agreement. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1998. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee,MN 55379 *CONSENT* PC AGENDA ITEM No. 9 CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: Tim Benetti, Planner I SUBJECT: Final Plat of Pheasant Run First Addition MEETING DATE: September 3, 1998 Site Information Applicant: Pheasant Run of Shakopee, LLP Owner: Raymond Ames Location: North of Valley View Road and East of Prairie Village Development Current Zoning: Urban Residential (R-1B)Zone Adjacent Zoning: North: Agricultural (AG) South: Valley View Road/Rural Residential(RR) East: Agricultural (AG) West: Agricultural (AG)/Urban Residential (R1-B) 1995 Comp. Plan: Single-Family Residential Area: 105.9 Acres MUSA: The site is within the MUSA boundary. Attachments: Exhibit A: Zoning Area Map Exhibit B: Pheasant Run First Addition Final Plat Map Exhibit C: Pheasant Run Preliminary Plat Map Introduction Mr. Raymond Ames of Pheasant Run of Shakopee, LLP is requesting Final Plat approval of Pheasant Run First Addition. The proposed development is 105.9 acres and will eventually consist of 263 single-family lots. This first phase illustrates the platting of 61 lots. The property is located north of Valley View Road and east of the Prairie Village plat(please see Exhibit A). Considerations 1. The Preliminary Plat for Pheasant Run Addition was recommended for approval by the Planning Commission on May 7th, 1998, and approved by the City Council on June 2nd, 1998. The Final Plat(see Exhibit B), as submitted, is in substantial conformance with the approved Preliminary Plat (Exhibit C). 2. Per Staff's recommendation and Planning Commission's condition of final plat approval, Parkridge Way and Parkridge Court have been renamed to Quail Drive and Quail Court, respectively. n lieu of park on fees. The slender section 3. Outlot A has been dedicated as park land ► ot is a►connector between the future of Outlot A extending from the southwest corner of said park area and proposed Quail Drive. 4. An EAW was completed and published for review on March 23rd; comments were due by April 22nd; the City Council reviewed the EAW attheir May Statement5th(EIS) was made.; and a negative declaration on the need for an Environmental Impact Alternatives I. Recommend to the City Council approval of the Final Plat of Pheasant Run First Addition, subject to the following conditions: a) The following procedural actions must be completed prior to the recording of the Final Plat: i) Approval of title by the City Attorney. ii) Execution of the Developers Agreement for construction of required public improvements: a) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. b) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. c) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. d) Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. iii) The Final Construction Plans and Specifications must be approved by the City Engineer and the Shakopee Public Utilities Commission prior to construction. iv) The developer shall provide easements, as required by City Code, including access easements to the ponding area. v) The developer Sanitary shall e responsible Sewer charges,engineering review fees, and other payment of Trunk Storm Water charges, Trunk a ry fees as required by the City's adopted Fee Schedule. vi) No building permits shall be issued for any �h adjacenf the t ppropertieosed s so that ts until such time as they are replatted or combined w they meet the City's design standards. vii) The developer shall sign a petition and waiver for the improvement of Valley View Road. viii) The developer shall install all subdivision monumentation within one year from the date of recording the plat. At the end of the one year period from recording of the Plat, the developer shall submit to the City Engineer written verification by a registered land surveyor that the required monuments have been installed throughout the plat. Monumentation may 2 only be installed on a per lot basis at the time of building permit issuance with prior approval of the City Engineer. 2. Recommend to the City Council approval of the Final Plat of Pheasant Run First Addition with revised conditions. 3. Recommend to the City Council the denial of the request for approval of the Final Plat of Pheasant Run First Addition. 4. Table a decision in order to allow time for the applicant and/or staff to submit additional information or make any necessary revisions. Staff Recommendation Staff recommends Alternative No. 1, to recommend to the City Council approval of the Final Plat of Pheasant Run First Addition, subject to the conditions. Action Requested Offer a motion recommending to the City Council the approval of the Final Plat of Pheasant Run First Addition with conditions. W.aetz* Tim Benetti Planner I 3 r4 a,_�1I., J/^ ---- ;ill J (' - .- icy .�.r .-.. -tom f � S"` ✓_ {v.`�" mss.• r '.17irT - •: - 'F =44d f • 1 7-V-lir-4: .0........ zid, a 6 Ipli, SUBJECT SITE4111. \N:z....itis • • :.. -MI__ . ix ....,........ t . ..,swum. 1111116i- AG C 484 R R , la \.......:1,„ ..... ...... :g. 741 �— RR Jar .'' '. -"'-i Illin Ur. -'c Zores a‘tp � ern In it • " AgAgric..It,,re -Nlihrill _ n Rural Residential R' Low Density Residential GVDGWDC23RR c=3:1UrbanResidential AG • R T C i Old Shakopee Residential 1=7 Medium Density Residential LAKEIF i .... [ Multiple Family Residential • -] Highway Business Liiiiiiii ' Office Business 044 ..' 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C.,►. .� Jame, ttD1YlYY 144•44.114 44041•1 rti.,uy EXHIBIT C . 1 le5 . 1 • CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney,Public Works Director SUBJECT: Request of Centex Homes Regarding Hourly Restrictions on Construction Activities for Southbridge 1st Addition DATE: September 14, 1998 INTRODUCTION: By letter dated September 10, 1998, Centex Homes, developer of Southbridge 1st Addition,has requested that City Code Sec. 10.60,Noise Elimination and Noise Prevention, Subd. 3, Hourly Restrictions on Certain Operations,D,be suspended for Saturday work hours. DISCUSSION: The above named section of the City Code restricts the hours of operation from 7:00 A.M. to 10:00 P.M. on weekdays, and from 9:00 A.M. to 9:00 P.M. on weekends and holidays. Centex Homes is requesting a suspension on the hours as follows: Saturday 7:00 A.M. to 9:00 P.M. The earlier starting time is to expedite work in order to work longer hours to allow contractors to work earlier on Saturday and to meet the schedule for this project. Staff would recommend that if the suspension of hours is granted, that the approval is subject to the following conditions: 1. Approval is contingent upon minimizing noise exposure near residential areas. 2. If excessive residential complaints are received by the City, the suspension can be revoked at the discretion of the Public Works Director. • 3. Blasting activities, if any,must be done from 8:00 A.M. to 5:00 P.M. If Council approves the suspension, a public notice is needed to meet the City Code requirement and a notice such as a news release would be placed in the Shakopee Valley News. A noise variance was granted previously in the area to S.M. Hentges & Sons, Inc. and Braun Turf Farms. ALTERNATIVES: 1. Approve the suspension of City Code Sec. 10.60, Noise Elimination and Noise Prevention, Subd. 3, Hourly Restrictions on Certain Operations, D, as requested by Centex Homes, as per their letter dated September 10, 1998 and direct staff to publish notice of the suspension terms with the conditions as recommended by staff. 2. Approve the suspension of City Code Sec. 10.60, Noise Elimination and Noise Prevention, Subd. 3, Hourly Restrictions on Certain Operations, D, for some other period of time as determined appropriate by the City Council, and direct staff to publish notice of the suspension terms. 3. Do not approve the suspension of City Code Sec. 10.60, Noise Elimination and Noise Prevention, Subd. 3, Hourly Restrictions on Certain Operations, D. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer a motion approving the suspension of City Code Sec. 10.60, Noise Elimination and Noise Prevention, Subd. 3, Hourly Restrictions on Certain Operations, D, as requested by Centex Homes, as per their letter dated September 10, 1998 and direct staff to publish notice of the suspension terms with the conditions as recommended by staff. /nice Loney Public Worr s irector BL/pmp RESTRICT CENTEX HOMES Minnesota Division 12400 Whitewater Drive Suite 120 Minnetonka,MN 55343 D # �-hone:612-936-7833 -936-7839 September 10, 1998 fib / City of Shakopee Attn: Mr. Bruce Loney OFSly • 129 Holmes Street South qk0 Shakopee, MN 55379 "Op Dear: Mr. Loney I would like to request your consideration to allow our contractor in the Southbridge single family development to begin work on Saturday's at 7:00 a.m. The grading contractor has begun work already and the utility contractor will begin sometime around September 22,1998. I would expect the neighborhood to be completed by November 1st. The extended working hours will assist Centex in completing the first phase of Southbridge this fall. As you know the Southbridge development has no existing homes in the area; therefor complaints from affected neighbors would be non-existent. Thank you for your consideration and please notify me if this request is approved and when it is effective. Sincerely, Steve Ach Land Development Manager < P .. CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney,Public Works Director SUBJECT: Request of Ames Construction, Inc. and Pheasant Run of Shakopee, LLP Regarding Hourly Restrictions on Construction Activities for Pheasant Run 1st and 2nd Additions DATE: September 14, 1998 INTRODUCTION: By letter dated September 14, 1998, Ames Construction, Inc., contractor for Pheasant Run 1st and 2nd Additions,has requested that City Code Sec. 10.60,Noise Elimination and Noise Prevention, Subd. 3,Hourly Restrictions on Certain Operations,D,be suspended for Saturday work hours. DISCUSSION: The above named section of the City Code restricts the hours of operation from 7:00 A.M. to 10:00 P.M. on weekdays, and from 9:00 A.M. to 9:00 P.M. on weekends and holidays. Ames Construction, Inc. is requesting a suspension on the hours as follows: Saturday 7:00 A.M. to 9:00 P.M. The earlier starting time is to expedite work in order to work longer hours to allow contractors to work earlier on Saturday and to meet the schedule for this project. Staff would recommend that if the suspension of hours is granted, that the approval is subject to the following conditions: 1. Approval is contingent upon minimizing noise exposure near residential areas. 2. If excessive residential complaints are received by the City,the suspension can be revoked at the discretion of the Public Works Director. 3. Blasting activities, if any, must be done from 8:00 A.M. to 5:00 P.M. If Council approves the suspension, a public notice is needed to meet the City Code requirement and a notice such as a news release would be placed in the Shakopee Valley News. ALTERNATIVES: 1. Approve the suspension of City Code Sec. 10.60, Noise Elimination and Noise Prevention, Subd. 3, Hourly Restrictions on Certain Operations, D, as requested by Ames Construction, Inc., as per their letter dated September 14, 1998 and direct staff to publish notice of the suspension terms with the conditions as recommended by staff. 2. Approve the suspension of City Code Sec. 10.60, Noise Elimination and Noise Prevention, Subd. 3, Hourly Restrictions on Certain Operations, D, for some other period of time as determined appropriate by the City Council, and direct staff to publish notice of the suspension terms. 3. Do not approve the suspension of City Code Sec. 10.60,Noise Elimination and Noise Prevention, Subd. 3, Hourly Restrictions on Certain Operations, D. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer a motion approving the suspension of City Code Sec. 10.60, Noise Elimination and Noise Prevention, Subd. 3, Hourly Restrictions on Certain Operations, D, as requested by Ames Construction, as per their letter dated September 14, 1998 and direct staff to publish notice of the suspension terms with the conditions as recommended by staff. / a. nice Lone Y Public Works Director BL/pmp RESTRICT AMES CONSTRUCTION, INC. •�"� .. 14420 COUNTY ROAD 5 ;P41.BURNSVILLE, MINNESOTA 55306 !!!{O' (612) 435-7106 • FAX 435-7142 September 14, 1998 Bruce Loney,PE City Engineer City of Shakopee 129 Holmes Street Shakopee,MN 55379 Via Fax(612)445-6718 &US Mail Re: Pheasant Run of Shakopee,LLP Grading and Utilities Dear Bruce: As we have discussed,Ames is the contractor for the above project. Due to the late start of the project, and the current demand for residential building lots in the City,we have determined that it is necessary to utilize six-day work weeks to complete the project in a timely manner. It is our understanding that the City ordinances permit construction work on Saturdays between the hours of 9:00 AM to 9:00 PM. We are writing to respectfully request that the City grant Ames Construction,Inc. and Pheasant Run of Shakopee, LLP a variance from the above-described ordinance to permit Saturday construction work on the Pheasant Run site from 7:00 AM to 6:00 PM between the date of this request and January 1, 1999. It is our understanding that our request will be placed on the City Council's agenda for September 14, 1998,and that action will be taken at that meeting. Thank you for your assistance in this matter. If you have any questions,please contact me. Sincerely S .Dahl Development Manager An&pal Opportunity Employer OFFICES IN DENVER,COLORADO • PHOENIX,ARIZONA • SALT LAKE CITY,UTAH IS6 . 1 , CO1 NT SHAKOPEE POLICE DEPARTMENT Memorandum TO: Honorable Mayor and City Council Mark McNeil, City Administrator FROM: Chief Dan Hughes �1, SUBJECT: Parking Exemption During an Open House DATE: September 11, 1998 INTRODUCTION: The Council is asked to waive the parking restrictions in the 4900 block of 12th Ave. East during an open house for a new business. BACKGROUND: Mr. Bob Gage, president of a new business Gage& Gage, located at 4950 12th Ave. East, is hosting an open house for the new location of his business. The open house is planned for Thursday, 09-17-98, from 5:00 to 9:00 p.m. He has requested a parking exemption for the south side of 12th Ave. East in the 4900 block, during the time period of his open house. RECOMMENDATION: I recommend the Council authorize the one time parking exemption on the south side of the 4900 block of 12th Ave. East, on Thursday, 09-17-98, from 5:00 p.m. to 9:00 p.m. ACTION REQUIRED: If the Council concurs, it should, by motion, authorize an exemption from the"No Parking" restriction on the south side of the 4900 block of 12th Ave. East, during an open house for Gage& Gage, on 09-17-98, from 5:00 p.m. to 9:00 p.m. DH:pm [fix] 15 , C , ( , CITY OF SHAKOPEE MEMORANDUM To: Mayor and City Council Mark McNeill, City Administrator From: Mark McQuillan, Parks and Recreation Director Subject: Youth Enrichment Grant Date: September 3, 1998 INTRODUCTION Council is asked to give direction to staff as to whether to apply for a Youth Enrichment grant to help fund an addition onto the Community Youth Center(CYC)building in Lions Park. BACKGROUND Under Minnesota Laws, Chapter 404, Section 5, $5 million was appropriated to local units of government to design, equip, replace or construct park and recreation and school facilities to provide youth, with preference for youth in grades four through eight, with regular enrichment activities during nonschool hours, including after school, evening, weekends and school vacation period, and that will provide equal access and programming for all children. One million dollars of the $5 million is for enrichment grants in metropolitan statistical areas outside the cities of Minneapolis and St. Paul. Priorities will be given to communities with high concentrations of children eligible for free lunch and to government demonstrating a commitment to collaborative youth efforts. Eighteen counties are within the category including Scott. • Application deadline is October 31, 1998. Notification of awards will be made in January 1999. • Each grant must be matched by $1 from local sources for each $2 of State money. • In-kind contributions of facilities may be used for local match. The value of in-kind contributions must be determined by the Commissioner of Finance. • The funding cycle is within three years. Therefore, construction of the project could commence in year 2000. POTENTIAL PROJECT If the City desired to expand the existing Community Youth Center in Lions Park, the expansion project would qualify for such funding, assuming if the project was selected for funding. There could be as many as a 20-50 construction projects competing for the same funds. The Community Youth Center was constructed in 1989 and donated to the City for youth activities. The facility is used by the Boys Scouts, Girls Scouts, School Programs, Parks and Recreation Programs, youth athletic meetings and Shakopee Youth Boxing Club. The facility is used year round and reserved the minimum of four days a week. There is an upstairs Hall has a partial kitchen, two restrooms and seat 100 people. The basement has two restrooms and a large area used by the boxing organization. An addition would include 3-4 small meeting rooms to handle groups of 1-12 people. Thus, we can accommodate more youth groups at one time, including city youth programs. Staff met with Dave Linner, a registered Architect, to garner a"ball park" estimate for expansion to the existing log cabin in Lions Park. Mr. Linner estimates the costs for an addition with 3-4 small meeting rooms to be about $200,000. Therefore, the State would contribute $125,000 (reimbursement) and the City $75,000. Mr. Linner's fee to prepare a predesign plan for the grant application will be about $1000. FUNDING Staff has had little time to explore matching fund options. We could push some projects back in the CIP, seek donations or both. Mr. Ed Dressen, who was involved with raising funds for the CYC in 1989, has expressed an interest in helping raise funds for the addition. STAFF DIRECTION Staff is seeking direction from the City Council to either apply for the grant or not apply for the grant? If the answer is yes, we will need Council's authorization to hire an architect to work with staff on the predesign program for the project as required in the grant application. ft. ilk Mark .McQuillan Parks and Recreation Director i FROM : DAVID LINNER ARCHITECTS PHONE NO. : Sep. 04 1998 09:23AM P1 David Linner Architects i .: iOiOO Morgan Avenue 5. ti/� `--i u 3lOOmin9ton,MN 55420 date project number vnUNE'(612;88,44)455 FAX (j512)881-0860 To: ___L `.. C.-tir1„e • RE: WiOiS P . - CO6 t3L&C-t . GtFt_F oF .6 r - UiP FAx 1 r Cove . " . • REMARKS: , s Pte_U Pi(&I e- :# c Pas relit 4i0 • Qs :,,J P2ke rs ithN i /4 I r7 n►-c.- . cosi- 6 Sr?(IA-M. _ L5� flc.-acr ' /4-_(.. -__1.-_-_ 4 Cfe0A-wC. sPAt e. w/A !'. x"42-cfon_ _ A T 2. F V fLArAcc.e- C-c.,%ree, i NJ r?-4-6. �A.I&T't ni4 - 1 ,s c_h_vo t✓ AN OPnc"1 fort.._ PI IC C-€) r oNt ECr I. .,). C ftl ; [5s- �.A�� lP fes_.. q(vS11oN5 COPY To: i"'r;NfrZ �,.G`i c Qu 144,0614\.)14 eNr✓L I�l Y . Mtall7: / 10 t N A/e'f . FROM : DAVID LINNER ARCHITECTS PHONE NO. : Sep. 04 1998 09:23AM P2 4 'f// I David Limier / Architects U� j Li itr�� Ni�' / oo+oo Mo£gan Avenue 5. project name O _ '--_ ___ , p1OOmfn9ton,Mn 55431 �1° r "-, PHONE:(61sdate 11319/5 proje<t number)884.6455 FAX (612)884•o86O DA5etil ENT oPriori. - Gl.E L SPAM Ft•ooZ tfatJsseS - SurMr Pur - exTeiZ102 1NSUL. - PAir+reo Gor46. Sw:f:. INT'. � As L �� : - 44 (-91-46. $1.46 I NEr c 9 15D Gi;iur W/$ou�D .. _ Good' „lot*. P , e . I NsuL. -- FLOOR. L-141415 +s OD i-riO4,1 le ' I . , f ECl6T1 r1( / i - . , 1 2 ' ao to \ \ - ---. - r'i Ar/l4 Pf tcH \ - Lik R. f P•CeNG. ._ 12114 1LING - Loco M 1t.trEO AI.0 IA* eNtt•`r 4' Loco s 8 t ouKs E poot. 4. 5ioet-Ire t- / NoR4•1-1 40 re-atAr-1 i HA 07( Pidoote. PisAct--4 SPe6; 15811 SF PO4rnotJ 1. '/Iraft- F-.0o(Jr- A 2 597 Gx�s�T�� Z. PAINrEri ci-le eo Srup t•.iau.5 4131 -rotAt._ sr 3, 3°7° Soup GotZE {.-loop ir`1tkC.iot.. CQoi.-5 14610Et.IrE �i�� t a,i�c, , Exfisco ( F Lai PULL,' 4, ¶_ 4 S. (Lesioct.rrio L., e,e4,0e, '/+N+`C1• Gt aP 661-16NT 1- 91G1-ueE u'Nvo v /S, O. 1, CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Advisory Council on Local Government MEETING DATE: September 14, 1998 INTRODUCTION/DISCUSSION: Recently, the Advisory Council on Local Government completed its initial report, which is to be reported to the Legislature during the 1999 Session. The report identifies problems relating to planning and providing services for the"collar communities," i.e. those that are located outside the 7-county Metropolitan Area. The report does not propose any specific solutions, and so would seem to leave the door open to Representative Myron Orfield's proposal for an elected Metropolitan Council. The City is a member of the Southwest Coalition of Communities. At its last meeting the Coalition discussed developing alternatives to Rep. Orfield's. Attached is a September 1, 1998 memo from John Boland, lobbyist for the Coalition, briefly outlining some alternative approaches. Council is asked to take action permitting staff to work with the Coalition on specific approaches that would then be presented to/or made available for consideration by the Legislature. ALTERNATIVES: 1. Offer and pass a motion directing staff to actively participate with the Southwest Coalition of Communities in the preparation of metropolitan governance options. 2. Do not direct staff to actively participate with the Southwest Coalition of Communities in the preparation of metropolitan governance options. 3. Table the matter for additional information. ACTION REQUESTED: The Council is asked offer and pass a motion directing staff to actively participate with the Southwest Coalition of Communities in the preparation of metropolitan governance options. d A R. Michael Leek Community Development Director is\commdev\cc\1998\cc0914\MetroGov.doc PLANNING & ZONING Fax:612-361-1828 Sep 3 '98 8:38 P.02 f.. plX,«.w 09/0211998 14:58 6127720333 y�r ab A►q! tows Dag post** Fax Note 7672 re tows Dag caw i IL c.o. Ti Mo►a is�se this Won, 0.0.1 D.. Cpe.aa00 50 . it'Air —�� BOLAND AND ASSOCIATES MEMORANDUM SWI IMBBR 1.1991 TO: SOUTHWEST COALmOPi Or COMMUNTIfES RE: ALTERNATIVE METHODS OF SELECTING METRO COUNCIL MEMBERS At the bet Southwest Coalition of Costraralt neetimg I woe*shod to look of selecting regional plaseiaug ascmbcra. The altetutives into fellow different ludasmethom card is ether regional pMUi55 tient fellow laelsdes methods Oat are earreatlf' bodies to the tawdry as well as seine suggtstiour that have surfaced la our Legislature and is dimmable'with other policy people is the Twin tides The that few amuse that the number of dbtrieti will mesas the same(td), and that the dbdiets will be appoetloned one■ons penes-eat vote bods,as it W Row. 1. no Govensor would madam to appoint the member'. However,he h ted. would have to choose friar•list provided by a oexoealag op of local officials in that hides Council district. The,pp>ksat sed set be an sleeted eQldai. alttee of R 2. The Metro Council Member would be appointedby a casga►at tog or elected. kda1L from the Metra Cwadl district The opp may first r e Coma eConeaDrMe�mber would appointed by Legidetors 3. The Mou arprpeating the Metro Cornet district. 4. The Metro Council Members would be directly elected. These aro none suMesdoes that would dramatics*change tie way the Metro Cooadl werbs. 1. Make this urban plesala$process part of the State Plush*spAre` esoosibintr,tae disdains(ids(the Metro Cosacila but directly the waled-tenor Counties". would have equal t'cpreeatatbe en 2. Every County,City,sad Township the Metro Coma Whoa referdag is locally elected eIAeiais it Wades Common,Cities sad tewuaips The'majority at urban posalug agencies armed the mom ere called Conseil Of G.vers meab(COGS)sad thus would follow the number ewe solos is the Arlt illi. 15Q• 2. . CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Jared D. Andrews SUBJECT: Ron Schmitt Appeal of BOAA's Decision that building accessory garage in the B-1 district for a non-conforming residence is not a less intense use. MEETING DATE: September 14, 1998 ATTACHMENT A: Letter of Appeal INTRODUCTION: At its August 20, 1998 meeting, the Board of Adjustment and Appeals voted 4-2 on a motion determining a proposed new accessory garage would not be a"less intense use", thereby denying a new residential garage in the B-1 Highway Business Zone. Mr. Schmitt has a residential house located at 721 Brook Lane in the B-1 Zone making it a non-conforming use. He is proposing a 28 by 30 foot accessory garage. Section 11.91. Nonconformities prohibits the enlargement and expansion of a non- conforming use unless it is found to be changed to a use of"less intensity". The Code section is as follows: Notwithstanding the prohibitions contained in the foregoing paragraphs of this subdivision, if approved by the Board of Adjustment and Appeals a nonconformity may be changed to another nonconformity of less intensity. In all instances the applicant has the burden of proof regarding the relative intensities of uses. ACTION REQUESTED: Make a motion to either deny the Appeal request upholding the Board of Adjustment and Appeals decision or approve the Appeal request finding the residential use of the property to be of"less intensity" after the building of the proposed garage. Jared D. Andrews Planner I • • ATTACHMENT A /4Ø .04. 30z / AUG 3 1 19909 .. no..04.wilmMino••••••••••.••••••••• ••;;;.......ei. 227ater2... CP -76 7/ear,z der-e -Le-Li° 0.),),) ere„aaagt;7 .2X-le-.6„ez eve . w2 12iczAz7 .,*-Z2e,)2)-e 2919-,..gyzeid/e,z, Aci-Liv-cL Zezade-;7 4.a.€4/7-iii7/1,egis 7A/ er,o74-0,,ne e."‘ -72,27 -/eGa.066')12trc,-41. /eke fre-/ kdectie.Q WoLA ,2its2 7d-/ 4/zeiz".40,c.12 ,..dizezi-paez /77/0.5'33 79 , ir3---/94r- • i r. I . • 2 • & ( irk:, , ..,.7.,-4, -• 'r, - r . . s kt dxa -,, LS':`• gs • .1 tfi i t+ i t' ' .p �j9 � � t .\..._..i R B A \ ,,,..,.:..;... ..: ,....,i.,,x,. $3 r .. . 1,,,,,,,,:. ,,,..,-..,r,r. , •S.J�y ri:. SUWECT 7 ` S l TE +° a :... 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't .•t ••••. ; • :• ra :...�, V.• t .. t'•ir'•Y• ._ •. 4•-• •••t:.• '. ..••'1•• . xi y ,.`.•,P K•r�• •%•••tom;4. 1 .`'• pt.....••.F!•N:t•• : ••sem , �* •w••i.'•f •.▪ ice : �• ♦ :..11".• �}.•A.: 11 4:';'. • •w:.;•'.•:•1.:• 4`..',.•• • »,+A:♦�,••.•� to ''r Underlying Zones • .• .....r:.;* :. • r %. `• .t .• 4��• Ira- •• 1 AC I Agr culture • ♦ • ,r�r.•� 4. 3• •t �� jt�t1 '41.-- rt3 ;RR Rural Residential ::•‘.41.•:"./•,. . R•alt w••..` •A-'Q e i •: f.,t,• ••••v -1 ••• �, 40-nr ,'itti�t al ,..i-o- , '� [RIM Low Density Residential %`? . ti t��• -` (M Lett. f ♦aN stats na w4t�1� ', ! st �1 Urban Residential Mag 'Ot� heti atitl 91 �t I� R1CI Old Shakopee Residential llighlib n ) R2 ) Medium Density Residential --`� � �. ._, �„ "fit +. '.` ��s I R3 i Multiple Family Residential • • t' lAig ( B1 ) Highway Business r��1l�� �1_t10 �Itt1 ret�t� pt�►1�3 e���� Al es � e I1i4 �+ 1 92 1 Office Business �� *�' %Mat to liib tilt' liaB �e �MQ .:, 11111 Q' 1 83 Central Business Mit ►1i l, tt4te t�ottti 011% �t�'- dt�,tp � ����,, �tt� e1��t.. ,�,,� 'Qja�O •�` I 11 ) Light Industrial lr *statin'' Ott-ici� Itlial + I 12 I Heavy Industrial !L �� a�Ot` CKs �t, e1 MR 1 Major Recreation 1t1tt1 ‘� ie�$� 1ee .� itaii1• ,��,% "Ilia �,-- II yl1 Overlay Zones �►illiA1 ��— � �t :�a at��a b. e11t� ��� er \iiii1t�� to ' t et1�a a Illi e1t1 asst r S-{Sn o rel a n d e1t�a �%_ ett�e 2U'!At � �� !II e1Q 14eti`t et��t 1• Ct, p%�//�'NI�n�n g Overlay t /..;A: ©1�i�ll .tt'lC 11311 °tE%i r,r la e did 'Qt�O �.oi op �r,, 2i4 , r �L 'UD Overlay MI ON a. . :r•.: ;1 ` ;`a��' �'!f aim 0'0 ' 1,071' 60 ) )(42e > /142 ' c-c2,4 ,g) - p 3slitt 2 �I � a APPLICATION FOR BUILDING PERMIT SHAKOPEE, MINNESOTA 55379 612-445-3650 B.P. No. AA APPLICANT TO COMPLETE NUMBERED SPACES ONLY 1. PROJECT ADDRESS, di fil f 7 'eIt.DeRsc-/.-L 2 OWNER OF LAND. /,f^7'., , ip,s /r/6 /'-' -V .71�� JfAe, ,t_ ,./.n Ad NAME ADDRESS� 3. DESCRIPTION OF LAND BY: LOT. C.- 'z/„� % ----4:3 X /�C-) BLOCK, ADDITION; PARCEL NO; METES AND BOUNDS: PLAT. - h 4 APPLICANT. NAME ADDRESS 5 CONTRACTOR 54 P 4d6Cc•.e_ /tf 4 //A'J J�lel'�/iy L .p NAME ADDRESS 6 CLASS OF WORK ADDITION 0-ALTERATION 0-REPAIR ❑-MOVE 0-RAZING 0-HOUSE 0-SIGN • ❑-PATIO E --PORCH ❑-STORAGE BLDG. D-TANK ❑-DRIVEWAY 1=I-FENCE [-GARAGE 7 DESCRIPTION OF PR JECT _1} A_ 4:._irj!__ Ltr___AL3/ ______6V,I:_'Aig �,�i`l� /,lam c4,1,-- l 6Z S F—< o J� (rte 1 A OT Q 7 s 9, Pie 8 BLDG WIDTH 2V' BLDG LENGTH , ,Es... BLDG HEIGHT 9 ESTIMATED COST OR VALUE S 9/OD SPACE BELOW FOR OFFICIAL USE ONLY ___, TYPE OF CONST TOTAL SO FEET FIRE ZONE !NO DWELLING UNITS OCCUPANCY GROUP NO OF STORIES USE ZONE DIVISION MAX OCC. LOAD FIRE SPRINKLERS OF'FSTREET PARKING SPACES REO D (-]YES LI NO COVERED 'UNCOVERED LIMITING CONDITIONS A 'PLICAT ON APPROV ' LS I ' Lam % il. ,Q6 CITY-ZONING ADMINIS (ATOP / DA E COMMENTS CITY E7 DATE /1644/44 AD/2-6 // CITY BUILDIN OFFICIAL DATE APPLICATION FEES NOTES PERMIT S .i/ 5-0 1. SEPARATE PERMITS ARE REQUIRED FOR / PLAN CHECK S ELECTRICAL. PLUMBING, MECHANICAL, SEPTIC TANK, SIGNS,AND WELL INSTALLATIONS. GRADE AND SURVEY CHECK S 2. THIS PERMIT BECOMES NULL AND VOID IF WORK PARK AND LAND S OR CONSTRUCTION AUTHORIZED IS NOT COM FIRE NUMBER S MENCED WITHIN 120 DAYS.OR IF CONSTRUCTION IS SUSPENDED OR ABANDONED FOR A PERIOD OF 120 WATER CONNECTION S DAYS AT ANY TIME AFTER WORK IS COMMENCED. SEWER CONNECTION S 3. A COLORED PHOTOGRAPH MUST ACCOMPANY WELL AND SEWAGE DISPOSAL SYSTEM S ALL RELOCATION PERMIT APPLICATIONS. PENALTY OR APPEAL S 4. TWO SETS OF PLANS AND SPECIFICATIONS MUST ACCOMPANY EACH PERMIT APPLICATION FOR THE STATE SURCHARGE S 61!) FOLLOWING: TOTAL $ 77 00 A. COMMERCIAL PROJECTS -- B INDUSTRIAL PROJECTS X._ill/ gys-y}y,',, C. RESIDENTIAL DWELLINGS SIGNATURE OF APPLICANT (OVER) DATE WHITE - INSPECTOR YELLOW-FILE PINK -APPLICANT .,uiLVING PERMIT .....wEE, MINNESOTA 55379 „..- - 612-445-3650 B.P. No. (75-4:, 7 APPLICANT TO COMPLETE NUMBERED SPACES ONLY f77 ODy (�/� u oy_ /-� I PROJECT ADDRESS S/ 7 "-- /f -• ✓ 2 OWNER OF LAND a✓W`�O L�"�. �/�7�0 M E ADDRESS 3 DESCRIPTION OF LAND BY. LOT. ejoc/�I. BLOCK ADDITION. PARCEL NO: ".'QS / ///��,, METES AND BOUNDS, PLAT � S��'• ' e� ---------._.._ 4 APPLICANT - - 5 CONTRACTOR ���'/.Y`r'► d(WE ME - ADDRESS C, � ADDRESS 6 CLASS OF WORK 0-ADDITION ❑-ALTERATION C] REPAIR U-MOVE LJ-RAZING Li-HOUSE U-SIGN El PATIO 0-PORCH U-STORAGE BLDG I i TANK f] DRIVEWAY I -FENCE GARAGE 7. USE OF STRUCTURE -----94aLS'e- 8. DESCRIPTION OF PROJECT - --- ____ - - 9. BLDG WIDTH BLDG LENGTH 200LBLDG HEIGH1 10. ESTIMATED COST OR VALUE: 5 a r_ ,, ,_ _ ,01-6101 01 SPACE BELOW FOR OFFICIAL USE ONLY TYPE OF CONST TOTAL SO FEET i FIRE ZONE NO DWEIL:NC'. UN'TSIOC( UPANCY GROUP' NO OF STORIES 316 USE ZONE DIVISION MAX OCC LOAD I FIRE SP1R!NKlF1RS OFFSTREET BEET PARKING SPACES I1REO O UYFES [J NOJCOVERED 'UNCOVERED LIMITING CONDITIONS , APPLICATION APPROVALS Ordinance No. 11.5 -Easement f Restrictions - attached - /.-(4)44".. :14.".4a...._ ' ,, Q Luc! - � 7--z3 - 9-2, CITY- ON G ADMINISTRATOR DATE 4 COMMENTS • , P , /Z"C� -%jam a CITY ENGINEER DATE • ` • 117-20 -7i ``/ i `t`CITY BUI DatiogrzADIOFFICIAL DATE lo ) APPLICATION FEES NOTES PERMIT S /4/V. I. SEPARATE PERMITS ARE REQUIRED FOR 00 ELECTRICAL. PLUMBING. MECHANICAL, SEPTIC C.O.CHARGE S TANK. SIGNS, AND WELL INSTALLATIONS. PLAN CHECK S 2. THIS PERMIT BECOMES NULL AND VOID IF WORK GRADE AND SURVEY CHECK S OR CONSTRUCTION AUTHORIZED IS NOT COM- MENCED WITHIN 120 DAYS, OR IF CONSTRUCTION IS PARK AND LAND S SUSPENDED OR ABANDONED FOR A PERIOD OF 120 FIRE NUMBER S DAYS AT ANY TIME AFTER WORK IS COMMENCED. WATER CONNECTION S 3. A COLORED PHOTOGRAPH MUST ACCOMPANY SEWER CONNECTION S ALL RELOCATION PERMIT APPLICATIONS. -- 4. TWO SETS OF PLANS AND SPECIFICATIONS MUST WELL AND SEWAGE DISPOSAL SYSTEM S ACCOMPANY EACH PERMIT APPLICATIOA FOR THE INVESTIGATION FEES S FOLLOWING STATE SURCHARGE A. COMMERCIAL PROJECTS /) J �� YP B INDUSTRIAL PROJECTS # 5/v/ / TOTAL $ rj�) .� 0 C. RESIDENTIAL DWELLINGS (OVER) xe "., SIGNATURE PPLICANT yz/A -. A.I 0 7-A,0- Fa, HITE IN PECTOR PHONE NUMBER DATE • . . i. I / , • APPLICATION FOR BUILDING PERMIT j SHAKOPEE, MINNESOTA 55379 B P. No. �L"u 612-445-3650 izz--/ APPLICANT TO COMPLETE NUMBERED SPACES ONLY J /-'� �-1 1. PROJECT ADDRESS: ,../ 7 � 5 / ribs, IL S/'�I � ��'c \ i?o,.,,L IlJ/ /,JC / Q �\ 2�OWNER OFLAND: Sl S.LL ��evrn L (� CiU� _ ,..>�D ( �-t ��r.) / JhG( �U1,- C' e ),++ ' NAME 1- ADDRESS �'- 3. DESCRIPTION OF LAND BY; LOT, 'V I7 '•1 L:L ( L o l 60 Pc •C� 1),/ L' �, J r -,-.1 BLOCK. ADDITION: PARCEL NO: `v Y \, ��/ y '_w i1 l.I ` METES AND BOUNDS: PLAT. (((((�„/// vV((/ rl'v 4. APPLICANT: C \ /4 f CJ /, / u_s_.__ .z. /�. (� �rvr, LU Or rt'C p ' NA //EE� /1 /1ADDR/E1SS•,5. CONTRACTOR: � v G� �� CVn 10G C�0 h tO V e CQ !//i ci ----- NAME ADDRESS 6. CLASS OF WORK: .-ADDITION , ALTERATION ' -REPAIR '-MOVE : 1-RAZING 1-HOUSE i I- ICN -PATIO ' -PORCH -STORAGE BLDG. -TANK ;-DRIVEWAY LI-FENCE —GARAGE sr_7. DESCRIPTION OF PROJECT: ' C• v1/44.: . , • ) , .r' GL' ick. /2Jo cc/1' e&co r — , 1 <zn(nlr 54poc 1Daov 1 ®oub/c @a roc poor1 a ()ago i Rooa '1 . liEt- 'J I b _ , 1, 7 5 cb', QIac , P00 . 1� • rc— K� r s Y'ID U J� .1c PA I c c '-e C9 r N • `.e ` A (� . l� .., l l; CD C. -i-Ci 1 ecl 61^U W 6o I 1 Id re B. BLDG WIDTH: �� C �psnBLDG LENGTH 3S C7 10 BLDG HEIGHT: 9. ESTIMATED COST OR VALUE: ///S111�[�Jll4��'�5 Q cocVj 4- Vq L u e //5 w SPACE BEL W FOR OFFICIAL USE ONLY /rj] TYPE OF CONST. TOTAL SO. FEET FIRE ZONE. NO DWELLING UNITS' OCCUPANCY GROUP NO OF STORIES USE ZONE DIVISION MAX OCC. LOAD FIRE SPRINKLERS OFFSTREET PARKING SPACES RECI'D : YES NO COVERED UNCOVERED LIMITING CONDITIONS ' •PLICATION APPROVALS .t, i-- / - (/ 1/121n CITY- •NIN• ADMINISTRATOR DATE 1 0 c... IP 2 • COMMENTS — CI Y E1N*.INEER D • E / '' 04-e.. ... 7//Z-4 9 CITY BUILDIN OFFICIAL DATE APPLICATION FEES MOTES PERMIT S ,34, 1. SEPARATE PERMITS ARE REQUIRED FOR S PLAN CHECK ELECTRICAL. PLUMBING, MECHANICAL, SEPTIC TANK.SIGNS,AND WELL INSTALLATIONS. GRADE AND SURVEY CHECK $ — 2. THIS PERMIT BECOMES NULL AND VOID IF WORK PARK AND LAND S OR CONSTRUCTION AUTHORIZED IS NOT COM- FIRE NUMBER S MENCED WITHIN 120 DAYS,OR IF CONSTRUCTION IS WATER CONNECTION S SUSPENDED OR ABANDONED FOR A PERIOD OF 120 DAYS AT ANY TIME AFTER WORK IS COMMENCED. SEWER CONNECTION S 3. A COLORED PHOTOGRAPH MUST ACCOMPANY WELL AND SEWAGE DISPOSAL SYSTEM $ ALL RELOCATION PERMIT APPLICATIONS. PENALTY OR APPEAL S 4. TWO SETS OF PLANS AND SPECIFICATIONS MUST - ,- ACCOMPANY EACH PERMIT APPLICATION FOR THE STATE SURCHARGE $ • J✓LSG FOLLOWING: TOTAL $ j7, 6�� A.COMMERCIAL PROJECTS I.Lfri4tAc B. INDUSTRIAL PROJECTS X � / C.RESIDENTIAL DWELLINGS SIGNATURE OF APPLICANT (OVER) i-—j 7 9 / DATE WHITE-INSPECTOR YELLOW-FILE PINK-APPLICANT APPLICATION FOR BUILDING PERMIT SHAKOPEE, MINNESOTA 55379 612-445-3650 B•P. No. APPLICANT� TO COMPLETE NUMBERED SPACES ONLY R I. POJECT ADDRESS /I� /']/" ,7 i ll2 a \PT./4s-KP 2 OWNER OF LAND // u4�Z/3.�. � ' c CLLiSl (-'T 4 NAME ���C((//J J ADDRESS 3. DESCRIPTION OF LAND BY. LOT. Z1772 / BLOCK. ADDITION: PARCEL NO: METES AND BOUNDS. PLAT � 'S' ,L(�7 4. APPLICANT e/4///12, -.S. �//f/ )4 � z-vy,f0 .45/T� "(JC @6'L0,6, e)11Y. NAME 5 'CONTRACTOR �� ADDRESS NAME ADDRESS 6 CLASS OF WORK 0-ADDITION 0-ALTERATION 0-REPAIR 0-MOVE 0-RAZING 0-HOUSE ❑ SI N 0-PATIO 0-PORCH 0-STORAGE BLDG 0-TANK 0-DRIVEWAY 0-FENCE -GARAGE 7. USE OF STRUCTURE 8. DESCRIPTION OF'PROJECT 9. BLDG WIDTH at 5 ( BLDG LENGTH -2_ G / BLDG HEIGHT 10. ESTIMATED COST OR VALUE: S 2i SPACE BELOW FOR OFFICIAL USE ONLY, TYPE OF CONST TOTAL SO FEET FIRE ZONE .NO DWELLING UNITS' OCCUPANCY GROUP NO OF STORIES i USE ZONE DIVISION MAX OCC LOAD FIRE SPRINKLERS OFFSTREET PARKING SPACES REO 0 OYES ❑ NO COVERED UNCOVERED LIMITING CONDITIONS APPLICATION APPROVALS Ordinance No. 115 -Easement Restrictions - attached � � -� Ci 5,7.8s- 5�I /' �1-✓ce/.--ti rct_ of `e.v(�— I CIT O NG ADMINISTRATOR DATE orld >L1.1wood a nd 5' Ic-/rn N L/de. . c� % COMMENTS / + i . /,-0-6.15471j /10/1C CI Y ENGINES • DATE g /102-1-Le,"'t CITY BUILDIN FICIAL DATE APPLICATION FEES i �/ NOTES j PERMIT �� /_ I. SEPARATE PERMITS ARE REQUIRED FOR (L PLAN CHECK S ELECTRICAL. PLUMBING. MECHANICAL. SEPTIC TANK. SIGNS.AND WELL INSTALLATIONS. GRADE AND SURVEY CHECK S 2. THIS PERMIT BECOMES NULL AND VOID IF WORK PARK AND LAND S OR CONSTRUCTION AUTHORIZED IS NOT COM- FIRE NUMBER $ MENCED WITHIN 120 DAYS.OR IF CONSTRUCTION IS SUSPENDED OR ABANDONED FOR A PERIOD OF 120 WATER CONNECTION S DAYS AT ANY TIME AFTER WORK IS COMMENCED. SEWER CONNECTION S •3. A COLORED PHOTOGRAPH MUST ACCOMPANY WELL AND SEWAGE DISPOSAL SYSTEM S ALL RELOCATION PERMIT APPLICATIONS. PENALTY OR APPEAL $ 4. TWO SETS OF PLANS AND SPECIFICATIONS MUST - ACCOMPANY EACH PERMIT APPLICATION FOR THE STATE SURCHARGE $ 6° FOLLOWING: !// • TOTAL./-1 1��� A. COMMERCIAL PROJECTS B. INDUSTRIAL PROJECTS X A C RESIDENTIAL DWELLINGS (OVER) SIGNATURE Of APPLICANT DATE PINK -APPLICANT a opee :OAA March 14,1985 Page 3 OW- Lane/VanMaldeghem moved to close the public hearing. Motion carried unanimously. VanMaldeghem/Lane moved to table action on this variance request until applicant has further opportunity to check with Mn/DOT regarding direc- tional signs for the racetrack. Motion carried unanimously. Mr. Malkerson asked if the City could re uest Mn/Dup the soon as possible, so people can get conditioned to0T theut location insigns next few months. Rockne/Stoltzman moved to direct staff to urge of directional signage for the racetrack. Motion/DOTccarriedarliest unanimouslyement The City Planner said she informed Mr. Pass she was awaiting direction the Commissioners regarding the definition of alterations and addingbulkom to a non-conforming use. She explained Mr. Pass' request for alterations to his non-conforming residence. Discussion followed. The City Admr. stated there is clear case law that is enforceable about increasing the bulk of a non-conforming use, regarding the consumatt onofot more land area. Livability improvements such as roofing and electrical work can be done, but the intent is to, without creating a hardship, facili- tate the long range development of property in the area. Charles A. Pass, applicant, stated there is an existing wants to make a two car garage rather than single garage, ld which wants he garage. e has two lots and these alterations wouldn't be bothering anyone. He they want to increase the livvility of the home, as they They just want to add a porch, not a bedroom or kitchene a large family. Comm. VanMaldeghem stated that since this request was just presented tonight, she would like some time to study it along with the research being conducted by staff for the definition of adding bulk to non-conforming uses. The City Admr. said case law can be cited to uphold the restriction of altera- tions to non-conforming uses. Chrm. Czaja acknowledged the consensus was to wait for a decision on this request until more information is presented next month on case law. Lane/VanMaldeghem moved to adjourn. Motion carried unanimously. Meeting adjourned at 8:23 p.m. Judi Simac City Planner Diane S. Beuch Recording Secretary /s' p. CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: VPSI Vanpool Agreement MEETING DATE: September 14, 1998 INTRODUCTION: The City contracts with VPSI, Inca for vanpool services. The City's previous contract with VPSI has expired. Council is asked to consider approval of a new agreement. DISCUSSION: A draft agreement is attached for the Council's consideration. The agreement is essentially the same as the previous agreement. As drafted, the agreement would have a 3-year term, with an option for the City to renew the agreement for a 4th year. ALTERNATIVES: 1. Offer and pass a motion approving the attached agreement and directing the appropriate City officials execute said agreement. 2. Offer and pass a motion approving the attached agreement with modifications, and directing the appropriate City officials to execute said modified agreement. 3. Do not direct approve the agreement with VPSI,Inc. 4. Table the matter for additional information. ACTION REQUESTED: Offer and pass a motion approving the attached agreement and directing the appropriate City officials execute said agreement. / 6 R. Michael Leek Community Development Director i:\commdev\cc\1998\cc0914\VPSI.doc City of Shakopee Vanpool Agreement This Agreement, made and entered into this day of , 1998,by and between the City of Shakopee, Minnesota, a municipal corporation of the State of Minnesota,hereinafter referred as the"City"with offices at 129 South Holmes Street, Shakopee, Minnesota,and VPSI, Inc., a Delaware corporation with offices at 1220 Rankin Street,Troy, Michigan,hereinafter referred to as VPSI. Witnesseth: Whereas, vanpools represent an energy and cost efficient mode of transportation;and Whereas,the City has reviewed the qualifications of VPSI and found them to be qualified to assist the City in carrying out the vanpool program, and Whereas, VPSI desires to provide fleet management and other technical services and assistance to the City in carrying out the vanpool program. Now,therefore,for the considerations herein expressed, it is agreed by and between the City and VPSI as follows: VPSI's Responsibilities: A. VPSI will work closely with the City of Shakopee to insure the success of the ridesharing program. VPSI support services to be provided will include the following: 1. Vanpool vehicle procurement and delivery. 2. Driver qualifications 3. Fleet management including maintenance and insurance. 4. Vehicle disposal. B. VPSI will assist the City in marketing the vanpool program and assist the City in matching applicants into viable vanpools. This includes allowing the City to place its logo on the vans. C. VPSI will file a certificate of insurance with the City showing the following coverage: Automobile Liability and Property Damage. Combined Single Limit: $2,000,000. The certificate shall provide for a 30-day notice to the City of any change, cancellation or lapse of such policy. Prior to beginning any work under this agreement, VPSI shall provide a certificate of insurance verifying the aforementioned coverage. VPSI is self-insured for Collision and Comprehensive Damage. VPSI shall name the City of Shakopee as an additional insured on all insurance requested herein. VPSI agrees to indemnify, defend and hold the City harmless from and against all claims, liabilities, losses,and demands, including but not limited to attorneys' fees and court costs, for injury to or death of any person or for damages to any property arising out of or in any way connected with this contract. It is agreed that this indemnification provision does not apply with respect to any workers' compensation or similar claims filed against the City by City employees. 1 VPSI assumes full responsibility for relations with its subcontractors, and shall indemnify, defend and hold the City and the Regional Transit Board harmless from and against all claims, liabilities, losses,and demands arising out of the action or inaction of any such subcontractor. Workers' compensation policies and unemployment compensation coverage will not be provided the drivers. The drivers will not be employees of VPSI, or the City, but will be classified as volunteer drivers,who are independent contractors in a ridesharing program. Unemployment compensations, if any, would be expected to flow from the driver's regular employer. D. VPSI shall notify the City and the Regional Transit Board at the first opportunity, and within 24 hours when possible,of any significant occurrence involving or alleging personal injury and/or property damage arising out of or concerning this vanpool service. E. VPSI shall seek to keep costs as low as possible. The City understands, however, that it is necessary from time to time to increase fixed costs to all groups, as new, more expensive vehicles are transitioned into the fleet and older, less expensive vehicles are retired. F. VPSI has established and shall maintain a master preventative maintenance and inspection program. Under this program; vehicle service will be performed at service centers specified by VPSI in the Twin Cities area. VPSI has made arrangements with the local service stores of Firestone,Goodyear, UniRoyal, B.F. Goodrich, and Penske Auto Centers to provide maintenance service on VPSI vehicles, and invoice VPSI directly for the services rendered. Detailed maintenance records on each vehicle will be kept by VPSI. The van pool drivers will be given periodic service reminders. It will be the driver's responsibility to report to the local VPSI office, required maintenance, prior to having the work performed. The van driver will be expected to maintain a clean vehicle, both inside and out. G. VPSI shall keep a backup vehicle available at all times. If the backup vehicle is not available and a vanpool vehicle breaks down or is damaged in an accident, VPSI will credit the vanpool group on a pro-rata basis for the period of time the vehicle is inoperable or until such time a backup vehicle is provided by VPSI. It will be the responsibility of the vanpool group to schedule and obtain alternative methods of commuting when the VPSI vehicle is not available. II. The City's Responsibilities: A. The City will provide, at its own expense,the marketing outreach program to promote van pooling to residents of the City. B. The City will provide, at its own expense,the vanpool marketing materials required to promote the vanpool program. C. The City will provide, at its own expense, meeting space and arrange meetings for potential vanpool user groups. 2 D. The City will provide, at its own expense,a vanpool program coordinator to work with VPSI in the administration of this agreement. E. The City agrees to reimburse VPSI for additional administrative services not included in this agreement that the City may request. F. The City will collect account for fares. G. The City shall make prompt payment to VPSI for monthly lease costs. III. Agreement and Duration: A. The final agreement between the City and VPSI shall be subject to prior approval by the Regional Transit Board. B. The agreement period will be September 1, 1998,through August 31, 2001. This agreement is renewable for a fourth year at the option of the city. IV. Termination: A. Termination for Lack of Funding. The parties hereto covenant and agree that their liabilities, one to another, shall be contingent upon the availability of State and/or local monies for the funding of this agreement and that this agreement shall be terminated if such funding ceases to be available. B. Termination for Breach of Contract. This agreement may be canceled and terminated by either party at any time within the contract period whenever it is determined by such party that the other party has materially breached or otherwise materially failed to comply with its obligations hereunder. C. Notice. In the event of any termination of the agreement under this Section IV,the party terminating the agreement shall give notice of such termination in writing to the other party. Notice of termination shall be sent by certified mail, return receipt requested, and shall be effective thirty(30)days after the date of the receipt, unless otherwise provided by law. D. Leased Vehicles. When the lease period is up on a vehicle,the vehicle will be returned to VPSI. The City will have no financial obligations for the vehicle at the normal termination of a lease. VPSI will assume full risk to the lessor for any deficiency between vehicle selling price and residual value. V. Subletting: A. No assignment or subletting of this agreement, all or in part will be permitted without the prior written consent of the City and the Regional Transit Board. B. VPSI alone will be held responsible for full and faithful performance of its commitments in this agreement, regardless of any subletting or assignment. 3 VI. Non-Discrimination: A. In hiring of common or skilled labor for the performance of work under the agreement, VPSI, any subcontractor,material supplier, or vender shall not, by reason of race,creed, age, sex or color discriminate against any person or persons who are citizens of the United States who are qualified and are available to perform the work to which such employment relates. B. VPSI, any subcontractor,materials supplier or vendor shall not, in any manner, discriminate against or intimidate, or prevent the employment of any such person or persons, or on being hired, prevent or conspire to prevent any such person or persons from the performance of work under any contract on account of race, color, creed, religion, national origin, sex,marital status, status with regard to � g public assistance,disability, sexual orientation,or age. C. Any violation of this section shall be sufficient cause for this agreement to be canceled or terminated by the City and all money due,or to become due, may be forfeited. VII. VPSI to Make Examination: A. VPSI shall make its own examination, investigation, and research regarding the proper method of doing the work, all conditions affecting the work to be done,the labor,and the quantity of work to be performed. B. VPSI agrees that it has satisfied itself by its own investigation and research regarding all such conditions and that its conclusion to enter into the proposed agreement is based upon such investigation and research. C. VPSI shall make no claims against the City because of any of the estimates, statements, or interpretations made by any official, officer, or agent of the City that may prove to be in any respect erroneous. VIII. 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. VPSI, INC. CITY OF SHAKOPEE, MINNESOTA By By Mayor By City Administrator By City Clerk 4 CITY OF SHAKOPEE r. Memorandum CONS TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Application for Off Sale 3.2 Percent Malt Liquor License, Speedway Superamerica DATE: September 11, 1998 INTRODUCTION: City Council is asked to consider an application for an off sale 3.2 percent malt liquor license from Speedway Superamerica. BACKGROUND: Speedway Superamerica has submitted an application for an off sale 3.2 percent malt liquor license for 1298 Vierling Drive East, at the Crossroads Center. The customary background investigation has been conducted. It provided nothing in the applicant's background to preclude a license from being granted. The application and proof of insurance are in order. The required inspection of the premises will be addressed by the Building Department prior to the issuance of a certificate of occupancy for the new building. ALTERNATIVES: 1. Approve the application and grant a license 2. Deny the application 3. Table the application for additional information RECOMMENDED ACTION: Approve the application and grant an off sale 3.2 percent malt liquor license to Speedway Superamerica LLC - #4546, 1298 Vierling Drive East. (:)Jat i:\clerk\jeanette\licenses\memobeer CITY OF SHAKOPEE irs e . z Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Waste Management Incorporated Contract DATE: September 11, 1998 INTRODUCTION: The Council is asked to discuss the current contract with WMI for refuse collection and recycling. BACKGROUND: Cities in Minnesota typically have one of three methods of collecting garbage and recycling: A. A"Municipal" system, wherein City employees collect the refuse and recyclables, if recyclables are picked up curbside. B. An"Open" system, where residents make their own arrangements with private haulers to pick up garbage and recycling. C. An"Organized" system, where the City contracts with a private hauler to do all or portions of the City. Some cities contract with one hauler for the entire community; others bid it out by route. Shakopee has had an"organized" system for more than 30 years; the most recent change in haulers took effect in December, 1991, when Waste Management became the contractor. That arrangement has subsequently been renewed, most recent in February, 1998. WMI had contacted the City last year regarding the then expiring contract. Staff's recommendation at that time,was that, as WMI was performing adequately,prices were reasonable, and the concern of inconvenience to customers involved with a possible exchange of garbage containers should there be a change in contractors, lead staff to recommend a renewal. That was accepted by Council. There are a couple of small service changes which were made in this contract, but the most notable was a change in billing. Previously,billing for refuse and recycling pickup was done by SPUC as part of the water and electrical bill. However, in part because SPUC was running out of computer capacity, and did not have the capability of differentiating for a new sales tax on garbage, WMI agreed to take over garbage billing. WMI is paid for that processing; it was also negotiated that they would be responsible for the collection of unpaid accounts. W MI4.!OC Following the change in billing,there was an initial flurry of calls from customers,many of whom who were apparently unaware that WMI was a private hauler. There were a couple of other changes which took place. First, if a customer had been extremely dissatisfied, SPUC did authorize people to no longer use the City's designated contractor in the sewered area of the City. It was found that approximately 140 non WMI customers were in the contract area. The decision by the Council at that time that this was brought to their attention was to grandfather those people in, but to not allow any new "opt outs"after the new contract took effect. It was determined that prior to expiration of the newly-renewed contract,that public hearings would be held on whether to continue with the existing system. Second, some people had been authorized to take their household garbage with them to their place of business, and not receive City-organized collection. This was also discussed with Council, and direction from the Council was to comply with State law which mandates that all households have adequate garbage pickup and curbside recycling. In early 1998, WMI was bought out by USA Waste. Coincidentally, at about the same time,the number of calls about missed garbage and recyclying pickups began to increase at City Hall. I know that several Councilmembers have received complaints as well, and may have been a factor in Councilor Link's request for this to be discussed at the September 15th meeting. Note that, until recently,the City has not been keeping track of the number of calls received;these have been faxed or forwarded directly to WMI. In addition, and especially over the past week,many customers have called City Hall complaining about the inability to get in contact with WMI to notify of service problems. Their phone system has been down, and it is difficult to get through. ANALYSIS: Attached are copies of the refuse collection contract and the most recent addendum. A question that has been raised is whether the City can void the contract with WMI, and seek new proposals. Paragraph 6 of the contract does allow the City to terminate the contract, if the Council determines that there has been a breach of any of the terms of the contract. At this time, the City Attorney has not had an opportunity to fully review with staff whether a breach of the terms of the contract has taken place. An alternative might be to continue with the existing contract, but allow residents who are dissatisfied, and have been unable to get their issues resolved,an opportunity to "opt out"of the mandated system. That gets into a discussion on wear and tear on the streets caused by increasing the potential for overweight garbage and recycling collection vehicles; it would be up to the City to inspect to ensure compliance with weight restrictions. WMI4.DOC If the Council chooses to continue with WMI, the company might be given a specific performance time, (60 or 90 days as examples) in which to improve their operations. The Council could then make a decision to continue under the existing arrangements. RECOMMENDATION: We are not recommending that the City Council void the contract with Waste Management at this time. However, WMI needs to understand the residents' and City's increasing level of frustration with the current levels of service. Representatives of WMI will be in attendance at the meeting, and will be able to answer questions. ACTION REQUIRED: The Council should hear representatives of WMI, and engage in any discussion as to the future of the garbage collection and recycling contract. 1/612-1/LALLU Mark McNeill City Administrator MM:tw WN414.DOC §3.15 E. Yard waste shall be privately composted, or disposed of at a composting facility authorized by Scott County, or through a licensed collector. Exempt entities are as follows: (1) non-profit groups participating in recycling programs; (2) persons who haul garbage, refuse, or recyclables from their own residences or business properties; (3) companies renting a dumpster or bin for construction debris. Subd.11. Duties and Obligations of the Licensed Hauler. A licensed hauler must comply with the following operational requirements. Failure to observe these provisions may be a basis for suspension or revocation of a license: A. The licensee shall operate in a manner consistent with its application materials and shall provide notice to the City within ten (10) days of any changes in the information, forms,or certificates filed as a part of the license application process. B. No collections of refuse or recyclable materials shall be made except between the hours of 6:30 A.M. and 6:00 P.M., Monday through Friday. Operations during these hours also may be conducted on Saturdays, to accommodate recognized national holidays and snow emergencies. Customers shall be notified of the specific day and approximate hours for the collection of their refuse and recyclable materials and the licensee shall collect the materials within those time periods. C. Each licensed hauler shall only use vehicles and equipment so constructed that the contents will not leak or spill. The vehicles and equipment also shall be kept dean and free from offensive odor, and shall not stand in any street, alley, or public place longer than is reasonably necessary to collect mixed municipal solid waste. ,The licensee also shall ensure that the collection site is left tidy and free of litter. D. Each licensed hauler shall provide its customers with an opportunity to recycle through the weekly curbside collection of recyclable materials. E. Each licensee shall submit an annual report to the City that identifies the weight, in tons, of refuse, recyclables materials, and special pick-up materials that were collected by the licensee from Shakopee sources. The report shall be provided on or before the twentieth day of January. The report also shall identify the weight of each type of collected recyclable. It shall distinguish residential collection tonnage from business tonnage. The report shall include a brief description of how the reported weights were calculated. The report must include an address list of every account collected by the licensee. Subd. 12. Suspension or Revocation of License. Upon the recommendation of the City Administrator, the City Council may suspend or revoke the license of any person whose conduct is found to be in violation of the provisions of this Chapter. Suspension or revocation also may be based on other health, safety, and welfare concerns arising out of the performance of the licensee, its employees, agents, and/or vehicles and equipment. Revocation or suspension of a license by the Council shall be preceded by a public hearing. The City Council may appoint a hearing examiner or may conduct the hearing itself. The hearing notice shall be given at least ten (10) days prior to the hearing, include notice of the time and place of the hearing, and shall state the nature of the charges against the licensee. page rovised in 1997 234 REFUSE COLLECTION CONTRACT THIS AGREEMENT, made and entered into this ___16:49 day of (�p,�piy„ , 199j_, 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 East 1st Avenue, Shakopee, MN, 55379, and Waste Management - Savage, with officers at 12448 Pennsylvania Avenue South, Savage, MN 55378, hereinafter referred to as the "Hauler. " WITNESSETH: THAT, WHEREAS, the City of Shakopee desires to engage the Hauler to render certain refuse collection and recycling services hereafter described more fully in Exhibit A; and WHEREAS, the Hauler 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 Hauler as follows: 1. Services. The City agrees to engage the services of the Hauler and the Hauler agrees to perform the services hereinafter set forth in connection with projects described in Exhibit A. 2 . Addition to Services. The City may add to the Hauler services or delete therefrom activities of a similar nature to those set forth in Exhibit A, provided that such work does not substantially change the costs of the Hauler. The Hauler 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 Hauler. 3 . Hauler to Perform. The Hauler agrees with the City to furnish all supervision, labor, tools, equipment, materials and supplies necessary to perform, and to perform said work at Hauler's own expense in accordance with the contract documents and any applicable City ordinances and state and federal laws. The Hauler shall have a valid license from the City, and specifically shall comply with all requirements of City Code Section 3 . 15. 4. Hauler's Responsibility for Subcontractors. Hauler shall be as fully responsible to the City for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Hauler is for the acts and omissions of persons it directly employs. Hauler shall cause appropriate provisions to be inserted in all subcontracts relating to this work, to bind all subcontractors to Hauler by all the terms herein set forth, insofar as applicable to the work of subcontractors. Nothing contained in this contract shall create any contractual relation between the subcontractor and the City or between any subcontractors. 5. Term. This contract shall run from January 15, 1992, until January 14, 1995. This contract may be renewed for an additional three-year period at the option of the City. 6. Termination. The breach of any of the terms and conditions of this contract on the part of the Hauler shall be grounds for cancellation of this contract by the City. The City may terminate this contract by giving at least five days' prior written notice to the Hauler. Upon such termination by the City, the City shall have the right to contract with other parties to perform the work or to perform the work without a contract. In either case, the City shall hold the Hauler and his surety liable for any excess cost for performing such work over and above the cost to the City if the initial Hauler had continued to perform the work in the manner anticipated at the time the contract was awarded. Termination of the contract as herein provided shall not terminate, suspend or affect the liability of the surety upon its bond. Failure to comply with the terms of these specifications relative to the collection and disposal of garbage, and rubbish and recyclable materials on the part of the Hauler by reason of major disaster or extreme emergency within the City of Shakopee shall not constitute a breach of the contract. 7. Assignment. The Hauler shall not assign or transfer any interest in this contract without the prior written consent of the City. 8. Discrimination. The Hauler agrees in the performance 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 Hauler or applicant for employment, and shall include a similar provision in all subcontracts let or awarded hereunder. -2- 9. Independent Contractor. The Hauler is an independent contractor and nothing contained herein shall constitute or designate the Hauler or any of Hauler's agents or employees as agents or employees of the City of Shakopee, Minnesota. The Hauler 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. 10. Liability and Indemnity. The parties mutually agree to the following: a. In no event shall the City be liable to the Hauler 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 Hauler shall defend, indemnify, and hold the City harmless from and against all claims, losses, and liabilities arising out of personal injuries, including death, and damage to property, which are caused by the Hauler arising out of or in any way connected with this contract. Hauler 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 Hauler. c. The Hauler assumes full responsibility for relations with subcontractors, and shall defend, indemnify and save harmless the City from and against any and all claims, losses and liabilities in any manner caused by, arising out of, or connected with this contract. 11. Insurance and Bonds. a. The Hauler must obtain and file with the City of Shakopee a Performance Bond for the life of this contract in the amount of $100,000. b. The Hauler shall secure and maintain during the life of this contract Workers' Compensation Insurance in the statutory amount, and $1, 000, 000 coverage of comprehensive general liability, personal injury, automobile liability, and completed operations. Insurance certificates evidencing that this insurance is in force with companies licensed in the State of Minnesota shall be provided to the City. The insurance certificates shall specifically provide that a certificate shall not be modified, canceled or non-renewed, except upon thirty (30) days prior written notice to the City. -3- 12. Notices. All notices required or permitted hereinunder and required to be in writing may be given by first class mail addressed to City and Hauler 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. 13. 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. HAULER CITY OF SHAKOPEE, MINNESOTA By (l'I.+,..Ad.-\!� Byo / May-:x4-7# By i / City Administra •r By Ci Clerk Prepared By: Karen Marty City Attorney 129 E. 1st Ave. Shakopee, MN 55379 (KHAULER] -4- EXHIBIT A COLLECTION TIME Refuse shall be collected at least once weekly, between the hours of 7:00 A.M. and 7:00 P.M. The Hauler shall endeavor to collect from any particular residence on the same day each week and approximately the same time of day. The Hauler shall make a good faith attempt to notify residents of any scheduling changes. PACKAGING OF REFUSE AND RECYCLABLE MATERIALS; VOUCHERS The Hauler shall provide each living unit in a single family dwelling, duplex, or triplex with separate refuse and recycling receptacles. The refuse receptacles shall be made of plastic and shall not exceed 64 gallons in capacity. These receptacles shall be water-tight and equipped with handles and a substantially tight-fitting cover to prevent the disturbance of contents thereof by cats and dogs, and to prevent the propagation of, and infestation by, rats, flies, and other vermin. The City shall provide the refuse hauler with a 15-gallon recycling receptacle for each living unit, which the refuse hauler shall deliver. The Hauler shall collect and dispose of all garbage and refuse placed in such cart, along with all yard debris such as grass clippings and leaves. In addition, the Hauler shall collect and dispose of all excess garbage, refuse, and yard waste as follows: 1. The Hauler shall accept extra refuse to be disposed of which does not fit into the refuse cart, which has been placed in containers or bags of such size and material so that it can be easily handled by one person. Likewise, the Hauler shall accept any brush or branches tied in bundles not over (3) feet in length. 2 . Each extra container, bag or bundle of materials must have secured to it a Hauler/City of Shakopee voucher. Said vouchers will be provided by the Hauler and sold to Shakopee residents by the City of Shakopee. The contract rate for each voucher shall be $2.25. All revenues collected from the sale of vouchers shall be the property of the Hauler. The City will reimburse the Hauler on a monthly basis for all vouchers sold by the City. 3. Shakopee residents may request the provision of an additional refuse cart for an additional disposal fee of $9.50 per month. The Hauler shall be obligated to provide additional refuse carts to residents upon a 30 day notice from the resident. Additional carts need not be made available to those people who are not willing to provide payment for the additional cart for at least six months. The Hauler shall be responsible for billing and collection costs associated with additional refuse carts. 4. The Hauler shall provide, upon request, in lieu of the 64 gallon refuse cart, a 32 gallon cart. The contract rate for weekly collection of a 32 gallon refuse cart shall be $11. 67 per month. 5. Household appliances, large amounts of brush, remodeling refuse, and containable refuse shall be collected by the Hauler if the resident calls the office of the Hauler and makes necessary arrangements. Such service shall be billed to said resident by volume, time or both. These special service shall be billed and collected by the Hauler. SERVICE AREA The Hauler shall collect from all single family dwellings, duplexes, and triplexes that desire collection services and are located in the Refuse/Recycling Service Area of the City. The Hauler will provide the City with a collection route map and will alter routes to comply with City road weight restrictions where the City has a clearly established policy. The Hauler shall be responsible for notifying customers 10 days in advance of any route change. • ADDITION OF CUSTOMERS In the event that a property is found to be without refuse collection service, that address shall be added to the list of addresses served by the City's contractor, and the service provided and billed for accordingly. EQUIPMENT The Hauler shall furnish proper compactor units and other necessary collection equipment. The Hauler also shall furnish all necessary help and labor in the performance of his contract and to dispose of all such refuse so collected in a lawful manner. CHARGES The fee for refuse collection and collection of recyclable materials shall be set by the City Council. For single family dwellings, duplexes, and triplexes in the refuse/recycling service area, the City shall include a notice of the refuse/recycling disposal charges that are due, at the same times and intervals, to the same person, in the same manner, and together with, the water and sewer billings. -2- The City will collect these billings. The Hauler will be paid on a monthly basis with payment being made by the fourth Monday of each month. The amount of each monthly payment shall be the monthly charge times the number of units picked up as determined by units billed at the beginning of the month by the City. The rates that will prevail during the life of this contract are as follows: 1. For the year beginning January 15, 1992, the contract rate for regular pickup shall be $12.97 per month. 2. Should landfill tipping rates increase by more than 10% from the December 1991 rate of $62.00 per ton, the parties agree to reopen the contract. This contract may be reopened once within the first six months, but shall not be renegotiated more often than at six month intervals thereafter. RECYCLING 1. The Hauler agrees to allow current recycling organizations within the community to continue their current curbside recycling programs. 2. All materials collected by the Hauler in conjunction with the weekly curbside recycling program shall become, from the initial receipt thereof, the property of the Hauler. Each monthly documentation of materials collected shall be submitted to the City. 3 . The Hauler shall provide weekly recycling collection of newspaper, glass, steel and tin cans, plastic, magazines, office paper, and mixed mail in conjunction with regular refuse collection. Additional recyclable materials may be collected upon the mutual agreement of the City and Hauler. 4. Yard waste including grass clippings and leaves shall be collected weekly by the Hauler on the same day and at the same point of regular refuse collection between April 15th and November 15th. Residents must attach one extra service refuse coupon for each 4 bags of yard waste to ensure collection. [KHAULER] -3- • s e REFUSE COLLECTION CONTRACT ADDENDUM NO. 4 THIS AGREEMENT, made and entered into this /F—. day of November, 1997, by and bertween the City of Shakopee, a municipal corporation of the State of Minnesota, hereinafter referred to as the "City" with offices at 129 S. Holmes Street, Shakopee, MN 55379, and Waste Management - Savage, with offices at 12448 Pennsylvania Avenue South, Savage, MN 55378, hereinafter referred to as the "Hauler." WITNESSETH: THAT, WHEREAS, in early 1992 the City and the Hauler entered into a Refuse Collection Contract, running from January 15, 1992, until January 14, 1995; and WHEREAS, on June 2, 1992, the City and the Hauler entered into Addendum No. 1 to this Contract, revising the charges under such contract; and WHEREAS, on December 7, 1993, the City and the Hauler entered into Addendum No. 2 to this Contract, again revising the charges under the contract and other privisions; and WHEREAS, on December 6, 1994, the City and the Hauler entered into Addendum No. 3 to this Contract, extending the contract an additional three year period, as provided for in paragraph 5 of the Contract, beginning on January 15, 1995 and extending through January 14, 1998; and WHEREAS, paragraph 5 of the Contract provides for a renewal for a three-year period at the option of the City; and WHEREAS, the City and the Hauler now desire to extend the contract for an additional three year period. NOW, THEREFORE, for the considerations herein expressed, it is agreed by and between the City and the Hauler as follows: 1. That the City hereby elects to renew the Refuse Collection Contract with the Hauler for a three-year period, as provided for in paragraph 5 of the Contract. This renewal shall begin on January 15, 1998, and extend through January 14, 2001. 2. That Exhibit A to the Refuse Collection Contract between the City and the Hauler is hereby amended by deleting the first two sentences in the opening paragraph under PACKAGING OF REFUSE AND RECYCLABLE MATERIALS: VOUCHERS and replacing them with the following: The Hauler shall provide each living unit in a single family dwelling, duplex, or triplex with separate refuse and recycling receptacles. The refuse receptacles shall be made of plastic and shall be available in three sizes: 32 gallons, 64 gallons and 96 gallons in capacity. 3. That Exhibit A to the Refuse Collection Contract between the City and the Hauler is hereby amended by deleting paragraph 4 under PACKAGING OF REFUSE AND RECYCLABLE MATERIALS: VOUCHERS and renumbering the following paragraph accordingly. 4. That Exhibit A to the Refuse Collection Contract between the City and the Hauler is hereby amended by adding a paragraph 6 under PACKAGING OF REFUSE AND RECYCLABLE MATERIALS: VOUCHERS which shall read as follows: Each bag of yard waste to be collected by the Hauler and composted must have secured to it a Hauler/City of Shakopee voucher. Said vouchers will be provided by the Hauler and sold to Shakopee residents by the City of Shakopee and by any Shakopee retailers interested in selling the vouchers. The contract rate for each voucher shall be $0.75. The revenues collected from the sale of vouchers shall be the property of the Hauler, except for $0.05 of the value of each voucher sold by the City, which the City may retain. The City will reimburse the Hauler on a monthly basis for all vouchers sold by the City. 5. That Exhibit A to the Refuse Collection Contract between the City and the Hauler is hereby amended by deleting all the language under CHARGES and replacing it with the following new language: The Hauler will bill the single family dwellings, duplexes, and triplexes in the refuse/recycling service area for the services included in this contract in accordance with the charges approved by the City Council and set forth below. The Hauler will bill each unit at least every three months and no frequently than every month. The Hauler will be responsible for collecting all charges from each unit and may not hold the City responsible for any uncollectable charges. The Hauler may stop providing refuse and recycling services to any unit that has past-due charges of 90 days or more until such time as the unit submits payment to the Hauler. The Hauler will mail a past-due notice to all units with a past due balance of at least 60 days prior to stopping service after 90 days. 1. For the year beginning January 15, 1998, the contract rates for regular pickup shall be $8.90 per month for 32 gallon refuse service, $9.70 month for 64 gallon refuse service, $10.50 per month for 96 gallon refuse service, $2.75 per month for recycling service and $1.18 per month for billing service (to be added to the refuse service fee). The recycling service shall apply to every resident, regardless of the level of refuse service, and may not be removed from the charges pursuant to Minnesota Statutes. 2. Should disposal tipping rates increase or decrease by more than 10% from the November 12, 1997 rate of$41.00 per ton, the parties agree to reopen the contract to negotiate revised refuse fees. This contract provision may not be renegotiated more often than at six month intervals. 3. The Contract price shall be adjusted on January 15 of each remaining year of the Contract, as amended, beginning on January 15, 1999. The price shall be adjusted in accordance with the Consumer Price Index for all Urban Consumers (CPI-U), issued as of January 1 of that year by the United States Department of Labor. 6. That Exhibit A to the Refuse Collection Contract between the City and the Hauler is hereby amended by deleting the last sentence in paragraph 4 under RECYCLING, and inserting a new sentence, which shall read as follows: Residents must attach one Extra Service Yard Waste Coupon for each individual bag of yard waste to ensure collection. 7. All other provisions of the Refuse Collection Contract shall remain in full force and effect. Executed the day and year first above written. WASTE MANAGEMENT CITY OF SHAKOPEE, MINNESOTA By ' OrZAA_ By Region President ' Mayor By WA— City Administrator By '�tt City er REFUSE COLLECTION CONTRACT AMENDMENT A TO ADDENDUM NO. 4 THIS AGREEMENT, made and entered into this 6 t1.-`.= day of January, 1998, by and between the City of Shakopee, a municipal corporation of the State of Minnesota, hereinafter referred to as the "City" with offices at 129 S. Holmes Street, Shakopee, MN 55379, and Waste Management- Savage, with offices at 12448 Pennsylvania Avenue South, Savage, MN 55378, hereinafter referred to as the "Hauler." WHEREAS, on November 18, 1997,the City and the Hauler entered into Addendum No. 4 to this Contract, extending the contract an additional three year period, as provided for in paragraph 5 of the Contract, beginning on January 15, 1998 and extending through January 14, 2001; and WHEREAS, paragraph 5 of the addendum provides for new charges to be billed by the Hauler to the residents of the City; and WHEREAS, the billing cycle of the City ends on January 14, 1998 and the billing cycle of the Hauler begins on February 1, 1998; and WHEREAS, the City and the Hauler desire to have the Hauler's new rates and billing take effect on February 1, 1998, to match the Hauler's billing cycle; NOW, THEREFORE, for the considerations herein expressed, it is agreed by and between the City and the Hauler that paragraph 5 of Addendum No. 4 shall be amended to read as follows: 5. That Exhibit A to the Refuse Collection Contract between the City and the Hauler is hereby amended by deleting all the language under CHARGES and replacing it with the following new language: The Hauler will bill the single family dwellings, duplexes, and triplexes in the refuse/recycling service area for the services included in this contract in accordance with the charges approved by the City Council and set forth below. The Hauler will bill each unit at least every three months and no frequently than every month. The Hauler will be responsible for collecting all charges from each unit and may not hold the City responsible for any uncollectable charges. The Hauler may stop providing refuse and recycling services to any unit that has past-due charges of 90 days or more until such time as the unit submits payment to the Hauler. The Hauler will mail a past-due notice to all units with a past due balance of at least 60 days prior to stopping service after 90 days. 1. Beginning February 1, 1998,the contract rates for regular pickup shall be $8.90 per month for 32 gallon refuse service, $9.70 month for 64 gallon refuse service, $10.50 per month for 96 gallon refuse service, $2.75 per month for recycling service and $1.18 per month for billing service (to be added to the refuse service fee). The recycling service shall apply to every resident, regardless of the level of refuse service, and may not be removed from the charges pursuant to Minnesota Statutes. 2. Should disposal tipping rates increase or decrease by more than 10%from the November 12, 1997 rate of$41.00 per ton,the parties agree to reopen the contract to negotiate revised refuse fees. This contract provision may not be renegotiated more often than at six month intervals. 3. The Contract price shall be adjusted on February 1 of each remaining year of the Contract, as amended, beginning on February 1, 1999. The price shall be adjusted in accordance with the Consumer Price Index for all Urban Consumers (CPI-U), issued as of January 1 of that year by the United States Department of Labor. Executed the day and year first above written. WASTE MANAGEMENT CITY OF SHAKOPEE, MINNESOTA Byacivoi By (4-,'j2c� R ion Director of Sales Mayor By VIAAA, )) City Administrator By uti14./ j . (bC, City Cler September 10, 1998 Mayor and City Council Members City of Shakopee To the Mayor and City Council Members: I am appealing the Board of Adjustment and Appeals'denial of my request for a building permit. This permit was to be for a garage at 721 Brooklane. The request was denied because they decided the building would not meet the requirements of "less intensity". It is my belief that this structure does qualify under less intensity"(Subd. 3, Regulation of Type A Nonconformities, Paragraph E.). The detached garage structure at the rear of the property will be used to provide indoor, off-street parking. It will be replacing an existing garage that is in need of repair. In the future, it could be either used as an accessory building for commercial purposes or moved. It would not lessen the ability to further develop this property commercially. Please review my request for a building permit. I believe that the Board was in error when they denied it. Sincerely, Ron Schmitt 721 Brooklane Shakopee, MN 55379 II B1 ZONED PROPERTIES THAT HAVE GARAGES 229 Castl`t-AVenue 617 East 1st Avenue 627 East 1st Avenue .528 East 1st Avenue 7-14-East 1 t Avenue•-- 126 Atwood Street r. CON F' IJeNTH9 ), CITY OF SHAKOPEE Memorandum TO: Mayor and City Council (Confidential) FROM: Mark McNeill, City Administrator SUBJECT: WMI Contract DATE: September 11, 1998 COMMENT Attached is an e-mail from Jim Thomson regarding the v`vivII refuse collection contract. I had asked him to comment on a couple of issues: 1. Could the City keep the WMI contract intact for those customers who want to continue, but allow other haulers in, as long as they are licensed by the City? 2. In reference to Councilor Link's concerns stated at the September 1st City Council meeting regarding poor performance, could the City give notice to WMI that they are in breach of their contract, and go out for RFP's. My one concern on this is that switching from one contractor to another, assuming the City is going to keep refuse collection on a franchise basis, might generate a couple of problems: 1) Should WMI decide to contest any voiding of their contract, we would need to show that they were in breach of the contract. We would argue that poor service, especially since this contract was renewed, would constitute that. Whether that would stand up in court, should they decide to challenge it, would be a question. 2) From a practical standpoint, the City could give as short as five days notice, and have another hauler come in. However,there are by my understanding something more than 2500 residential accounts in Shakopee through WMI. It would most likely take several weeks to bid, award, and make an exchange of containers if another contractor is awarded the franchise. Could the City get by on a reduced level of garbage service during the interim? Obviously, an option would be to allow an open system. That would negate the advantage that we have had of saving wear and tear on the streets. The City would need to get into an inspection program of all garbage hauling vehicles. Public Works Director Loney has witnessed occurrences (in other communities) where trucks which exceeded 9 tons GVW unloaded were driving City streets. Obviously, more heavy trucks would hasten the need for resurfacing and/or reconstruction. WMI3.DOC Appearing before the Council may be the"wake up call"for WMI that somehow staff has not been able to make previously. 1 c & Mark McNeill City Administrator MM:tw WiMI3.DOC Mark McNeill From: Mark McNeill To: James J. Thomson Subject: RE: WMI/Refuse Collection Contract Date: Thursday, September 10, 1998 3:51 PM From: James J. Thomson To: 'Mark McNeill (SH MSMAIL)' Cc: 'JCox@logis.org' Subject: RE: WMI/Refuse Collection Contract Date: Thursday, September 03, 1998 2:49PM There are 3 things that need to be considered: State law, the City Code, and the contract with Waste Management. State law requires a specific process to be followed when a city implements an "organized collection" method of solid waste disposal. The City already has implemented organized collection. If the City allows each property owner to select his/her own disposal company, , the City no longer is using an "organized collection" method. State law does not set forth any mandatory process for doing away with organized collection. So, the process that would be followed would be the same for any other Code amendment. The contract with Waste Management, not the state law or City Code, is what is going to cause the problem with changing the system. Exhibit A to the contract (under the section entitled "service area") states that "the Hauler shall collect from all single family dwellings. etc." This provision, which is consistent with the definition of organized collection in state law, certainly implies (if not directly states) that Waste Management has the exclusive right to collect the refuse from all dwelling in the City's refuse service area. Section 3.20, Subdivision 13 of the City Code gives us a little flexibility on this point, but it only deals with establishing "other means of refuse collection," i.e. open hauling system, modified organized collection system. I'm not sure it would apply to a situation where the City is changing one hauler for another, but not changing the method of collecting solid waste. Paragraph 6 of the contract allows the City to terminate it if there has been a breach of any of the terms of the contract. I don't know enough facts yet to determine whether there has been a breach. You have suggested the possibility of reverting to the arrangement that SPUC allowed, wherein dissatisfied customers were allowed to "opt out" of the contracted hauler, despite the contractual language, providing in essence, for an exclusive hauler. You have indicated that WMI would consider that, especially if they feel threatened enough by the possibility that the entire contract might be terminated. They also might not think that they will lose any significant number of customers under that option. Page 1 CITY OF SHAKOPEE /S E• , Memorandum CONSENT TO: Mayor and City Council L -J Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Apportionment of Special Assessments in Prairie Bend CIC 1024 DATE: September 10, 1998 INTRODUCTION: City Council is asked to adopt the attached Resolution No. 4986, apportioning assessments for newly created lots located within CIC 1024 Prairie Bend. BACKGROUND: Lots 2 and 4, Block 1, Prairie Bend 3rd Addition have special assessments against it for the 1994-10 and the 1994- 11 improvement projects. These parcels have been subdivided into 18 smaller common interest community (CIC) lots. It is necessary to apportion the existing assessments against each of the new CIC lots. Resolution No. 4986 apportions the existing special assessments against the newly created lots within CIC 1024 Prairie Bend. RECOMMENDED ACTION: Offer Resolution No. 4986, A Resolution Apportioning Assessments Among New Common Interest Community Parcels Within CIC 1024 Prairie Bend, and move its adoption. RESOLUTION NO. 4986 A RESOLUTION APPORTIONING ASSESSMENTS AMONG NEW COMMON INTEREST COMMUNITY PARCELS WITHIN CIC 1024 PRAIRIE BEND WHEREAS, on November 5, 1997, Resolution No. 4776 adopted by the City Council levied assessments against properties benefited by the Sarazin Street, Roundhouse Street, and 4th Avenue Project No. 1994-10; and WHEREAS, on December 3, 1996, Resolution No. 4567 adopted by the City Council levied assessments against properties benefited by the County Road 16 Sanitary Sewer and Water Services between County Road 17 and County Road 83, Project No. 1994-11; and WHEREAS, parcel numbers 27-239002-0 (Lot 2 Block 1, Prairie Bend 3rd Addition) and 27-239004-0 (Lot 4, Block 1, Prairie Bend 3rd Addition) benefited by the said improvements has been subdivided into a Common Interest Community known as CIC 1024 Prairie Bend; and WHEREAS, it is the desire of the City Council to apportion the installments remaining unpaid against parcel numbers 27- 239002-0 and 27-239004-0 against the 18 new parcels. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the 1998 payable remaining balance of assessments for the 1994-10 and the 1994-11 Improvement Projects for parcels 27-239002-0 and 27-239004-0 is hereby apportioned as outlined in Exhibit "A" attached hereto and made a part hereof. BE IT FURTHER RESOLVED, that all other parts of Resolution Number 4776 and Resolution No. 4567 shall continue in effect. Adopted in adjourned regular session of the City Council of the City of Shakopee, Minnesota, held this day of , 1998 . , Mayor , City Clerk h\Judy\apppbcic EXHIBIT A Assessment Reapportionment for Prairie Bend CIC 1024 9/8/97 P.I.D.NO. OWNER LEGAL 1994-11 1994-10 DESCRIPTION ASSESSMENT ASSESSMENT 27-199146-0 KLINGLEHUTZ DEVELOPMENT PRAIRIE BEND $236.28 $1,131.83 350 HWY 212E CIC 1024 CHASKA,MN. 55318 UNIT 3201 27-199147-0 KLINGLEHUTZ DEVELOPMENT PRAIRIE BEND $236.22 $1,131.83 350 HWY 212E CIC 1024 CHASKA,MN. 55318 UNIT 3202 27-199148-0 KLINGLEHUTZ DEVELOPMENT PRAIRIE BEND $236.22 $1,131.83 350 HWY 212 E CIC 1024 CHASKA,MN. 55318 UNIT 3203 27-199149-0 KLINGLEHUTZ DEVELOPMENT PRAIRIE BEND $236.22 $1,131.83 350 HWY 212E CIC 1024 CHASKA,MN. 55318 UNIT 3204 27-199150-0 KLINGLEHUTZ DEVELOPMENT PRAIRIE BEND $236.22 $1,131.83 350 HWY 212E CIC 1024 CHASKA,MN. 55318 UNIT 3205 27-199151-0 KLINGLEHUTZ DEVELOPMENT PRAIRIE BEND $236.22 $1,131.83 350 HWY 212E CIC 1024 CHASKA,MN. 55318 UNIT 3206 27-199152-0 KLINGLEHUTZ DEVELOPMENT PRAIRIE BEND $236.22 $1,131.83 350 HWY 212E CIC 1024 CHASKA,MN. 55318 UNIT 3207 27-199153-0 KLINGLEHUTZ DEVELOPMENT PRAIRIE BEND $236.22 $1,131.83 350 HWY 212E CIC 1024 CHASKA,MN. 55318 UNIT 3208 27-199160-0 KLINGLEHUTZ DEVELOPMENT PRAIRIE BEND $188.98 $905.47 350 HWY 212 E CIC 1024 CHASKA,MN. 55318 UNIT 3401 27-199161-0 KLINGLEHUTZ DEVELOPMENT PRAIRIE BEND $188.98 $905.47 350 HWY 212E CIC 1024 CHASKA,MN. 55318 UNIT 3402 27-199162-0 KLINGLEHUTZ DEVELOPMENT PRAIRIE BEND $188.98 $905.47 350 HWY 212E CIC 1024 CHASKA,MN. 55318 UNIT 3403 27-199163-0 KLINGLEHUTZ DEVELOPMENT PRAIRIE BEND $188.98 $905.47 350 HWY 212E CIC 1024 CHASKA,MN. 55318 UNIT 3404 27-199164-0 KLINGLEHUTZ DEVELOPMENT PRAIRIE BEND $188.98 $905.47 350 HWY 212E CIC 1024 CHASKA,MN. 55318 UNIT 3405 27-199165-0 KLINGLEHUTZ DEVELOPMENT PRAIRIE BEND $188.98 $905.47 350 HWY 212 E CIC 1024 CHASKA,MN. 55318 UNIT 3406 27-199166-0 KLINGLEHUTZ DEVELOPMENT PRAIRIE BEND $188.98 $905.47 350 HWY 212E CIC 1024 CHASKA,MN. 55318 UNIT 3407 27-199167-0 KLINGLEHUTZ DEVELOPMENT PRAIRIE BEND $188.98 $905.47 350 HWY 212 E CIC 1024 CHASKA, MN. 55318 UNIT 3408 27-199168-0 KLINGLEHUTZ DEVELOPMENT PRAIRIE BEND $188.98 $905.47 350 HWY 212E CIC 1024 CHASKA,MN. 55318 UNIT 3409 27-199169-0 KLINGLEHUTZ DEVELOPMENT PRAIRIE BEND $189.02 $905.42 350 HWY 212 E CIC 1024 CHASKA,MN. 55318 UNIT 3410 TOTAL= $3,779.66 $18,109.29 is, E. Li • MEMORANDUM CONSENT TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Apportionment of Special Assessments for Stone Meadows 2nd Addition DATE: September 9, 1998 INTRODUCTION: Attached is Resolution No. 4987, which apportions existing special assessments against newly created lots located within Stone Meadows 2nd Addition. BACKGROUND: Outlot J, Stone Meadow 1st Addition, has special assessments against it for the 1992-9 V.I.P. Interceptor. Now that Outlot J has been subdivided into smaller lots as a result of platting, it is necessary to apportion these assessments against each of the new lots. Resolution No. 4987 apportions the existing special assessments against the newly created lots within the plat of Stone Meadows 2nd Addition. The developer has agreed to this apportionment in the developers agreement for this subdivision. RECOMMENDED ACTION: Offer Resolution No. 4987, A Resolution Apportioning Assessments Among New Parcels Created As A Result of the Platting of Stone Meadows 2nd First Addition, and move its adoption. Ciy Clerk h\judy\appmemo.sm2 I RESOLUTION NO. 4987 A RESOLUTION APPORTIONING ASSESSMENTS AMONG NEW PARCELS CREATED AS A RESULT OF THE PLATTING OF STONE MEADOWS 2ND ADDITION WHEREAS, on June 6, 1995, Resolution No. 4223 adopted by the City Council levied assessments against properties benefited by the V.I.P. Interceptor Extension from CR-79 to the west corporate limits, Project No. 1992-9; and WHEREAS, a parcel benefited by the said improvement and known as parcel number 27-228051-0 (Outlot J, Stone Meadow 1st Addition) has been subdivided into the plat of Stone Meadows 2nd Addition; and WHEREAS, it is the desire of the City Council to apportion the installments remaining unpaid against this parcel because of the platting of Stone Meadows 2nd Addition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the 1998 payable remaining balance of assessments, to parcel 27-228051-0 for the 1992-9 V.I.P. Interceptor Extension, is hereby apportioned as outlined in Exhibit "A" attached hereto and made a part hereof. BE IT FURTHER RESOLVED, that all other parts of Resolution Number 4223 shall continue in effect. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1998. , Mayor , City Clerk h\judy\app-stop EXHIBIT A STONE MEADOW 2ND ADDN. ASSESSMENT REAPPORTIONMENT 9/8/98 P.I.D. NO. PROPERTY OWNER LEGAL 1992-9 V.I.P. DESCRIPTION ASSESSMENT 27-248001-0 Residential Development Inc. LOT 1 BLOCK 1 $77.41 15 Choctow Circle STONE MEADOWS Chanhassen, Mn. 55317-8577 2ND ADDITION 27-248002-0 Residential Development Inc. LOT 2 BLOCK 1 $77.41 15 Choctow Circle STONE MEADOWS Chanhassen, Mn. 55317-8577 2ND ADDITION 27-248003-0 Residential Development Inc. LOT 3 BLOCK 1 $77.41 15 Choctow Circle STONE MEADOWS Chanhassen, Mn. 55317-8577 2ND ADDITION 27-248004-0 Residential Development Inc. LOT 4 BLOCK 1 $77.41 15 Choctow Circle STONE MEADOWS Chanhassen, Mn. 55317-8577 2ND ADDITION 27-248005-0 Residential Development Inc. LOT 1 BLOCK 2 $77.41 15 Choctow Circle STONE MEADOWS Chanhassen, Mn. 55317-8577 2ND ADDITION 27-248006-0 Residential Development Inc. LOT 2 BLOCK 2 $77.41 15 Choctow Circle STONE MEADOWS Chanhassen, Mn. 55317-8577 2ND ADDITION 27-248007-0 Residential Development Inc. LOT 3 BLOCK 2 $77.41 15 Choctow Circle STONE MEADOWS Chanhassen, Mn. 55317-8577 2ND ADDITION 27-248008-0 Residential Development Inc. LOT 4 BLOCK 2 $77.41 15 Choctow Circle STONE MEADOWS Chanhassen, Mn. 55317-8577 2ND ADDITION 27-248009-0 Residential Development Inc. LOT 1 BLOCK 3 $77.41 15 Choctow Circle STONE MEADOWS Chanhassen, Mn. 55317-8577 2ND ADDITION 27-248010-0 Residential Development Inc. LOT 2 BLOCK 3 $77.41 15 Choctow Circle STONE MEADOWS Chanhassen, Mn. 55317-8577 2ND ADDITION 27-248011-0 Residential Development Inc. LOT 3 BLOCK 3 $77.41 15 Choctow Circle STONE MEADOWS Chanhassen, Mn. 55317-8577 2ND ADDITION 27-248012-0 Residential Development Inc. LOT 1 BLOCK 4 $77.41 15 Choctow Circle STONE MEADOWS Chanhassen, Mn. 55317-8577 2ND ADDITION 27-248013-0 Residential Development Inc. LOT 2 BLOCK 4 $77.41 15 Choctow Circle STONE MEADOWS Chanhassen, Mn. 55317-8577 2ND ADDITION EXHIBIT A STONE MEADOW 2ND ADDN. ASSESSMENT REAPPORTIONMENT 9/8/98 P.I.D. NO. PROPERTY OWNER LEGAL 1992-9 V.I.P. DESCRIPTION ASSESSMENT 27-248014-0 Residential Development Inc. LOT 3 BLOCK 4 $77.41 15 Choctow Circle STONE MEADOWS Chanhassen, Mn. 55317-8577 2ND ADDITION 27-248015-0 Residential Development Inc. LOT 1 BLOCK 5 $77.41 15 Choctow Circle STONE MEADOWS Chanhassen, Mn. 55317-8577 2ND ADDITION 27-248016-0 Residential Development Inc. LOT 2 BLOCK 5 $77.41 15 Choctow Circle STONE MEADOWS Chanhassen, Mn. 55317-8577 2ND ADDITION 27-248017-0 Residential Development Inc. LOT 3 BLOCK 5 $77.41 15 Choctow Circle STONE MEADOWS Chanhassen, Mn. 55317-8577 2ND ADDITION 27-248018-0 Residential Development Inc. LOT 1 BLOCK 6 $77.41 15 Choctow Circle STONE MEADOWS Chanhassen, Mn. 55317-8577 2ND ADDITION 27-248019-0 Residential Development Inc. LOT 2 BLOCK 6 $77.41 15 Choctow Circle STONE MEADOWS Chanhassen, Mn. 55317-8577 2ND ADDITION 27-248020-0 Residential Development Inc. LOT 3 BLOCK 6 $77.41 15 Choctow Circle STONE MEADOWS Chanhassen, Mn. 55317-8577 2ND ADDITION 27-248021-0 Residential Development Inc. LOT 1 BLOCK 7 $77.41 15 Choctow Circle STONE MEADOWS Chanhassen, Mn. 55317-8577 2ND ADDITION 27-248022-0 Residential Development Inc. LOT 2 BLOCK 7 $77.41 15 Choctow Circle STONE MEADOWS Chanhassen, Mn. 55317-8577 2ND ADDITION 27-248023-0 Residential Development Inc. LOT 3 BLOCK 7 $77.41 15 Choctow Circle STONE MEADOWS Chanhassen, Mn. 55317-8577 2ND ADDITION 27-248024-0 Residential Development Inc. LOT 4 BLOCK 7 $77.42 15 Choctow Circle STONE MEADOWS Chanhassen, Mn. 55317-8577 2ND ADDITION TOTAL= $1,857.85 ir r CITY OF SHAKOPEE Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: Tax Forfeit Property DATE: September 11, 1998 Introduction Council is asked to decide of the city wants to acquire any tax forfeit parcels. Background Various parcels in the city of Shakopee are in tax forfeit status . The county has inquired of the city wishes to acquire any of the parcels. The details follow: • Lot 5 block 25 - single lot on the NE corner of 2nd and Spencer with rental house. • Lot 7 block 35 - single lot south of Second Ave between Shumway and Apgar. • Lot 8 block 35 - single lot south of Second Ave between Shumway and Apgar. • Interior minor portion of a lot between 3rd and 4th and Fuller and Holmes. • Outlot B, Valley Mall First Addition - narrow strip of land on the north west side of the mall - maybe the roadway. • Government lot 4, section 6, twp 115, range 22 - Bill Hauer parcel north of Superamerica. • Very narrow strip of land running east and west south of Country Village apartments and the Junior High. Staff has identified no use for all the parcels except the last one. It is a strip 16 . 5 feet wide along the Upper Valley Drainage Way/park. It would provide for some additional park space and maintenance maneuvering room with very little additional maintenance cost (mowing) . Cost to acquire would be about $50 . 00 for fees, etc. The requested resolution also asks the county to add to the sale price of the parcels, the balance of special assessments outstanding. The county HRA was contacted to see if they had any interest in these parcels for housing purposes. They have some interest and will follow up through their own acquisition process. Alternatives 1 . Declare no interest in any of the parcels but add the special assessment to the sale price. 2 . Declare no interest in any of the parcels except the strip along the Upper Valley Drainage Way. 3 . Other combination of parcels. Recommendation Staff recommendation is to acquire only the strip along the Upper Valley Drainage Way. If Council does not want to acquire this parcel, action should be to direct staff to bring back an amended resolution for the special assessments only. Action Offer Resolution No. 4960 A Resolution Requesting Conveyance of Tax Forfeit Parcel 27-907011-0 to the City of Shakopee. Gregg Voxland Finance Director C:\gregg\taxfor98 Resolution No. 4960 A Resolution Requesting Conveyance of Tax Forfeit Parcel to The City of Shakopee Whereas various parcels in the City of Shakopee have been identified by the County Auditor as tax forfeit, and Whereas the City may apply for conveyance of parcels to the City, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the City requests conveyance of parcel number 27-901011-0 to the City. Other parcels identified as tax forfeit by the County Auditor as of June 16, 1998 are of no interest to the City. BE IT FURTHER RESOLVED the special assessments against the following parcels are requested to be added to the sales price. 27-001194-0 $ 2, 943 .44 27-001283-0 1, 591. 68 27-001284-0 1, 626 .53 27-001346-1 - 27-093004-0 - 27-906008-0 11, 144 .27 Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 1998 . Mayor of the City of Shakopee Attest: City Clerk /S. E.& , CITY OF SHAKOPEE Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director RE: 1998 EDA Tax Levy Consent Resolution No. 4988 DATE: September 10, 1998 Introduction Attached is Resolution Number 4988 which consents to the EDA tax levy. Background State law MSA 469 . 107 provides that the City Council may levy a tax at the request of the EDA for economic development purposes . Further, MSA 469 . 033 provides that the City Council may consent to a levy by the EDA for redevelopment purposes . Accordingly, the attached resolution is provided for Council action. Action Offer Resolution Number 4988, A Resolution Levying A Tax At The Request Of, And Consenting To The Levy Of A Tax By, The Economic Development Authority For The City Of Shakopee, and move its adoption. Gregg Voxland Finance Director n:\budget\budres99 RESOLUTION NO. 4988 A RESOLUTION LEVYING A TAX AT THE REQUEST OF, AND CONSENTING TO THE LEVY OF A TAX BY, THE ECONOMIC REDEVELOPMENT AUTHORITY FOR THE CITY OF SHAKOPEE WHEREAS, the Economic Development Authority for the City of Shakopee was created pursuant to Minnesota Statutes, Section 469. 091 et. seq. , as amended, and WHEREAS, Section 469 . 107 states the governing body of the municipality may levy a tax at the request of the Authority, and WHEREAS, Section 469 . 033 states that for redevelopment purposes, the Economic Development Authority may levy a tax with the consent of the governing municipality, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the City Council levies a special tax of $75, 000 pursuant to MSA 469. 107 (after reduction for $5, 379 in HACA aid) to be collected 1999 for the Economic Development Authority by the City of Shakopee. BE IT FURTHER RESOLVED, that the City Council of the City of Shakopee consents to a special tax levy of $33, 570 pursuant to MSA 469. 033 to be collected 1999 by the Economic Development Authority. Adopted in session of the City Council of the City of Shakopee, Minnesota held this day of September, 1998 . Mayor of the City of Shakopee ATTEST: City Clerk 1sE 7 Ale vi SG� City of Shakopee Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director RE: 1999 Proposed Tax Levy and Budget Resolution DATE: September 10, 1998 Introduction Attached is Resolution Number 4989 which sets the maximum proposed 1998/99 tax levy. Time frames The existing law requires that Shakopee certify a proposed budget, budget hearing date and proposed maximum tax levy to the county by September 15 . The City has to publish notice and hold a public hearing, adopt the final tax levy and adopt the budget a later hearing, and then certify the final levy to the county by December 28, 1998 . Tax Levy The proposed maximum tax levy for 1998/99 is a General Fund levy of $3, 457, 886 (including a debt service levy of $258, 619) . A local option transit levy of $354, 615 . The General Fund levy last year was $2, 911, 313 including $202, 942 for debt service. There was no local option levy for transit for 1998 . The increase in the gross levy for the General Fund (including debt service) is $540, 573 or 18 .5% . The increase in the tax rate is estimated to be 4 . 4% . Additionally, the part of the EDA levy for economic development purposes in the amount of $75, 000 will need to be shown as a General Fund levy as per the State Department of Revenue. This pushes the city rate increase to 7 . 1% but with a corresponding decrease in the special taxing districts levy. The decision to reduce the levy can be made at a later date because it is the maximum proposed levy being adopted now. The levy for the fire station bonds is already set by previous action and is decreasing from $250, 569 to $261, 235 . This is on the market value of real estate and not tax capacity value . Governmental Funds Budget The Council is required to certify a proposed budget to the County Auditor by September 15th. Council may change the amount up or down for the final budget . The resolution includes the Governmental Funds Budget proposed amount of $12, 748, 270 (net of special assessments per State Auditor) . The budget is not fixed. The comparable number last year was $13, 699, 027 . Alternatives 1 . Adopt resolution as drafted. 2 . Increase or decrease amounts for tax levy or budget in the resolution. Action Offer Resolution Number 4989, A Resolution Setting Proposed Maximum 1998 Tax Levy, Collectable In 1999, and move its adoption. Gregg Voxland Finance Director n:\budget\budres99 RESOLUTION NO. 4989 A RESOLUTION SETTING PROPOSED MAXIMUM 1998 TAX LEVY, COLLECTIBLE IN 1999 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, COUNTY OF SCOTT, MINNESOTA, that the following amounts be levied as the proposed maximum tax levy in accordance with existing law for the current year upon the taxable property in the City of Shakopee; General Levy (net of HACA) $3, 228, 886 Plus Economic Development Authority $75, 000 Transit Levy ' $ 354, 615 Debt Service - Fire Referendum $ 261, 235 (Market Value) BE IT FURTHER RESOLVED, that the proposed expenditures for the Governmental Funds Budget for 1999 is $12, 748, 270. BE IT FURTHER RESOLVED, that the public hearing for the tax levy is December 7, 1998 with the continuation date of December 14, 1998 . BE IT FURTHER RESOLVED, that the City Clerk is hereby instructed to transmit a certified copy to this resolution to the County Auditor of Scott County, Minnesota. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of September, 1998 . Mayor of the City of Shakopee ATTEST: City Clerk r7 IS . E . City of Shakopee Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director RE: 1999 Proposed Tax Levy and Budget Resolution DATE: September 10, 1998 Introduction Attached is Resolution Number 4989 which sets the maximum proposed 1998/99 tax levy. Time frames The existing law requires that Shakopee certify a proposed budget, budget hearing date and proposed maximum tax levy to the county by September 15 . The City has to publish notice and hold a public hearing, adopt the final tax levy and adopt the budget a later hearing, and then certify the final levy to the county by December 28, 1998 . Tax Levy The proposed maximum tax levy for 1998/99 is a General Fund levy of $3, 457, 886 (including a debt service levy of $258, 619) . A local option transit levy of $354, 615 . The General Fund levy last year was $2, 911, 313 including $202, 942 for debt service. There was no local option levy for transit for 1998 . The increase in the gross levy for the General Fund (including debt service) is $540, 573 or 18 . 5% . The decision to reduce the levy can be made at a later date because it is the maximum proposed levy being adopted now. The levy for the fire station bonds is already set by previous action and is decreasing from $250, 569 to $261, 235 . This is on the market value of real estate and not tax capacity value. Governmental Funds Budget The Council is required to certify a proposed budget to the County Auditor by September 15th. Council may change the amount up or down for the final budget. The resolution includes the Governmental Funds Budget proposed amount of $12, 748, 270 (net of special assessments per State Auditor) . The budget is not fixed. The comparable number last year was $13, 699, 027 . Alternatives 1 . Adopt resolution as drafted. 2 . Increase or decrease amounts for tax levy or budget in the resolution. Action Offer Resolution Number 4989, A Resolution Setting Proposed Maximum 1998 Tax Levy, Collectable In 1999, and move its adoption. /$ 1)2/0-0-6- Gregg land Finance Director n:\budget\budres99 RESOLUTION NO. 4989 A RESOLUTION SETTING PROPOSED MAXIMUM 1998 TAX LEVY, COLLECTIBLE IN 1999 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, COUNTY OF SCOTT, MINNESOTA, that the following amounts be levied as the proposed maximum tax levy in accordance with existing law for the current year upon the taxable property in the City of Shakopee; General Levy (net of HACA) $3, 228, 886 Transit Levy $ 354, 615 Debt Service - Fire Referendum $ 261, 235 (Market Value) BE IT FURTHER RESOLVED, that the proposed expenditures for the Governmental Funds Budget for 1999 is $12, 748, 270 . BE IT FURTHER RESOLVED, that the public hearing for the tax levy is December 7, 1998 with the continuation date of December 14, 1998 . BE IT FURTHER RESOLVED, that the City Clerk is hereby instructed to transmit a certified copy to this resolution to the County Auditor of Scott County, Minnesota. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of September, 1998 . Mayor of the City of Shakopee ATTEST: City Clerk jg. CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Changing the November 3, 1998, Meeting Date DATE: September 10, 1998 INTRODUCTION: Attached is Resolution No. 4990 which changes the date for the November 3, 1998, regular meeting. BACKGROUND: The first regular meeting in November falls on the same day as the general election. The Council meeting may not convene until 8:00 p.m. after the polls close. As an alternate, Council may wish to hold the November 3, 1998, meeting on Monday or Wednesday. Thursday is the regular Planning Commission meeting date. The regular Cable Access meeting on Wednesday could be rescheduled or the meeting could be moved to a different location. The multi- purpose room at the Community Center is available, the Rotary room is booked up. ALTERNATIVES: 1. Begin November 3 meeting at 8:00 p.m. 2. Reschedule November 3 meeting for Monday, November 2. 3. Reschedule November 3 meeting for Wednesday, November 4. RECOMMENDED ACTION: If Council desires not to meet at 8:00 p.m. on November 3: 1. Determine an alternate meeting date 2. Offer Resolution No. 4990, A Resolution Changing the November 3, 1998, Council Meeting Date, and move its adoption. IAA p) RESOLUTION NO.4990 A RESOLUTION CHANGING THE NOVEMBER 3, 1998 COUNCIL MEETING DATE WHEREAS,the Shakopee City Code has set the first Tuesday of each month as the regular meeting date for the City Council;and WHEREAS,the Shakopee City Code allows the City Council to change the meeting date by adopting a resolution at least one week prior to the regularly scheduled meeting. NOW, THEREFORE,BE IT RESOLVED BYr THE rCITYegularly a Led THE until CITY OF SHAKOPEE,MINNESOTA,that the November meeting be changed to at 7:00 p.m. Adopted in adjourned regular session of the City Council of the City of Shakopee, Minnesota,held this 14th day of September, 1998. Mayor of the City of Shakopee ATTEST: City Clerk _ q City of Shakopee Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director RE: Canceling Debt Service Levies For 1998/99 DATE: September 10, 1998 Introduction Resolution No. 4992 cancels debt service levies and transfers funds from the General Fund in lieu of the needed special levies . Background Attached is the resolution canceling debt service levies for taxes payable in 1999 and making an irrevocable transfer from the General Fund to various debt service funds in 1998 in lieu of the 1998/99 debt service levy. This is the same course of action Council has taken for the past several years . The actual tax levy for the transferred amount would be made as a General Fund tax levy for pay 1999 to replace the funds transferred out of the General Fund in 1998 . The General Fund budget would show a surplus in 1999 to the extent that the "debt service levy" would be greater that the actual General Fund 1999 Budget deficit or surplus . The improvement bond package for 1998 projects (excluding Southbridge) has not been assembled yet. No provision has been made for a tax levy in pay 1999 . Alternatives 1 . Adopt resolution. 2 . Levy taxes as debt service levy for 1998/99 as opposed to general fund levy. Recommendation Alternative number 1 . Action Offer Resolution No. 4992 A Resolution Canceling Debt Service Levies For 1998/99, and move its adoption. RESOLUTION NO. 4992 A RESOLUTION CANCELING DEBT SERVICE LEVIES FOR 1998/99 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, COUNTY OF SCOTT, MINNESOTA, that the following debt service levies are canceled: 1990A Improvement Bonds $135,209 1991A Improvement Bonds 41, 937 1992A Improvement Bonds 24, 088 1993B Improvement Bonds Defeased 1995A Improvement Bonds 60, 624 1995B G.O. Revenue Bonds 152, 586 1996A Improvement Bonds 64, 861 1997B Improvement Bonds 16, 612 BE IT FURTHER RESOLVED, that the following irrevocable transfers are made from the General Fund to the respective debt service funds in 1998 : 1990A Improvement Bonds $135, 209 1991A Improvement Bonds 41, 937 1996A Improvement Bonds 64, 861 1997B Improvement Bonds 16, 612 BE IT FURTHER RESOLVED, that the City Clerk is hereby instructed to transmit a certified copy to this resolution to the County Auditor of Scott County, Minnesota. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1998 . Mayor of the City of Shakopee ATTEST: City Clerk j5. 1 16 CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Workshop Meetings DATE: September 10, 1998 INTRODUCTION: The Council is asked to establish meeting dates for two separate workshop issues. BACKGROUND: Jackson Township Comprehensive Plan - On September 9th, the Community Development Director and I met with the Jackson Town Board, Township Consulting Engineer, and three Scott County staff members to review comprehensive plan issues affecting both Shakopee and Jackson Township. Like the City,the Township has been given until December 31st for which to submit a new comprehensive plan. While it is unlikely that many jurisdictions at all in the Twin Cities will have the comprehensive plan update completed by that time,the Jackson Town Board did indicate its desire to meet with the Shakopee City Council soon so that their process can continue. They are requesting a joint meeting between the two bodies to be held Thursday, September 24th. As this is not a Planning Commission meeting night,that would work for City staff. The Town Board suggests 6:00 PM as a meeting time; if,however,that is not workable, an alternate time would be 7:00 PM. If September 24th does not work as a date,the next available date appears to be after October 6th. Shakopee Parks Comprehensive Plan-Park and Rec Director Mark McQuillan requests that the Council establish a workshop in which to review a couple of issues regarding parks: A. Review of the draft comprehensive park plan modifications, and park dedication study for commercial/industrial property. B. Discussion of a portion of the Southbridge MnDOT property for use as a community park. Staff suggests the fifth Tuesday, September 29th, as a possible date. If that does not work for Council, it should choose another date. A calendar for September and October is attached. WORKSHOP.DOC Transit/Dial a Ride-Because of the expansion in the number of users of the Dial a Ride service,the City has received numerous complaints about the inability to get rides at certain times, on a standing order basis, and the timeliness of pick-up and delivery. Staff has been exploring a long-term solution with Shakopee Services, and is pursuing an interim solution with the current provider, Laidlaw, Inc. Staff suggests that these issues also be discussed on the fifth Tuesday, September 29th. If this does not work, Council should select another date. RECOMMENDATION: We recommend that the Council establish dates to meet with the Jackson Town Board, and again to discuss Shakopee Park issues. ACTION REQUIRED: The Council should establish meeting dates for the issues described above. Mark McNeill City Administrator MM:tw WORKSHOP.DOC September 1998 Upcoming Meetings Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 ugust 7:00 PM City 6:30 PM Cable 7:00 PM Planning SMTWTF S Council Access Commission Corporation 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 6 7 8 9 10 11 12 City Hall Closed 4:00 PM Tenta- tive-City Coun- cil Worksession 4:30 PM SPUC 13 14 15 16 17 18 19 7:00 PM City Council 7:00 PM Park& Rec Task Force 20 21 22 23 24 25 26 27 28 29 30 7:00 PM Park and *etc).-r Recreation- SMTWTF S Community 1 2 3 Center 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Printed by Calendar Creator Plus on 9/10/98 October 1998 Upcoming Meetings Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 eptem.-r 1 ovem.-r SMTWTFS SMTWTFS 1 2 3 4 5 1 2 3 4 5 6 7 6 7 8 9 10 11 12 8 9 10 11 12 13 14 13 14 15 16 17 18 19 15 16 17 18 19 20 21 20 21 22 23 24 25 26 22 23 24 25 26 27 28 27 28 29 30 29 30 4 5 6 7 8 9 10 4:30 PM SPUC 7:00 PM City 6:30 PM Cable 7:00 PM Planning Council Access Commission Corporation 11 12 13 14 15 16 17 7:00 PM Park& Rec Task Force 18 19 20 21 22 23 24 7:00 PM City Council 25 26 27 28 29 30 31 7:00 PM Park and Recreation- Community Center Printed by Calendar Creator Plus on 9/10/98 CITY OF SHAKO PEE /g. 15. ��• Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Year 2000 Project Coordinator DATE: September 10, 1998 INTRODUCTION: The Council is asked to appoint a Year 2000 Project Coordinator. BACKGROUND: Along with nearly every other workplace,the City of Shakopee needs to deal with the potential service interruptions and possible malfunctions caused by the Year 2000 computer situation. The League of Minnesota Cities has also taken a proactive approach,urging its member cities to address this issue as soon as possible. At the suggestion of Mayor Brekke, a committee was formed and had its initial meeting in early August to begin to identify the scope of the issue. In addition to Mayor Brekke, committee members consisted of the Finance Director, Community Development Director, Joint MIS Coordinator, and City Administrator. The Shakopee Public Utilities Commission Director Lou VanHout also attended. The committee will be meeting again with the next week; at that meeting, a representative of the Police Department will also be in attendance. One issue that has been addressed is an inventorying of computer chips within the City's current forty four personal computers (PC's),the majority of which are connected to each other by a local area network. In addition,the City relies upon LOGIS,a wide area network, for much of its payroll,bookkeeping, and other financial issues. The initial response from the MIS Director indicate that the City Hall Departments, and Park and Recreation are in relatively good condition for those issues. However, more work needs to be done with the Police computer system, which has been addressed in a grant application, funding for which should be known by October, 1998.. Otherwise, money to address the Police Year 2000 compliance problems is budgeted in the FY 99 Operating Budget. The Year 2000 Committee will also be reviewing the issues which affect Shakopee,but are situations over which the City has no direct control - County owned traffic signals, Metropolitan Council sanitary waste disposal, and the like. 2000.DOC RECOMMENDATION: The League of Minnesota Cities has suggested that a Year 2000 Project Coordinator be appointed. I am recommending the Community Development Director Michael Leek be appointed,with technical assistance from the shared MIS Coordinator. ACTION REQUIRED: If the Council concurs with the recommendation of the Community Development Director as the Year 2000 Project Coordinator,with assistance from the MIS Coordinator, it should adopt the following resolution: RESOLUTION NO. 4991 A RESOLUTION APPOINTING YEAR 2000 PROJECT COORDINATOR FOR THE CITY OF SHAKOPEE,MINNESOTA WitAkUlliS Mark McNeill City Administrator MM:tw 2000 DOC RESOLUTION NO. 4991 A RESOLUTION APPOINTING YEAR 2000 PROJECT COORDINATOR FOR THE CITY OF SHAKOPEE, MINNESOTA WHEREAS, the City of Shakopee recognizes that the Year 2000 problem involves more than just a technology issue; and WHEREAS,the City recognizes that all departments and services of the City may be impacted by the Year 2000 problem; and WHEREAS,the City has created a Year 2000 Committee made up of representatives of City departments and the Shakopee Public Utilities Corporation,which sets forth their joint commitment to identifying, addressing and resolving the potential problems created by the Year 2000 and to making its best effort to ensure the uninterrupted provision of essential city services; and WHEREAS,the City's efforts to minimize the potential impact of the Year 2000 problem will involve input and actions from multiple departments, consultants, and outside organizations; and WHEREAS,the city recognizes the need to coordinate the efforts of all persons working on the Year 2000 issue on behalf of the City to ensure efficiency and effectiveness of the efforts; and WHEREAS, the League of Minnesota Cities has requested cities to designate a central contact person to receive information on the Year 2000 issue; THEREFORE,BE IT RESOLVED that the City of Shakopee hereby appoints the Community Development Director,with assistance from the Joint MIS Coordinator,to serve as the city's Year 2000 Project Coordinator. Adopted in session of the City Council of the City of Shakopee, Minnesota held this day of , 1998. Mayor of the City of Shakopee ATTEST: City Clerk YR2000.DOC CrEs Awe :to Cities and the year 2000 p- CrnEs PREPARED League clarifies terms, answers questions to help cities complete Y2K Readiness Survey Sharon Klumpp Last week,cities received a letter and Y2K Manager or Coordinator.This other government agencies. Year 2000(Y2K)Readiness Survey person could be a city clerk,the • Year 2000 Contracting Lan- from the office of Gov.Arne Carlson public works director,or the MIS gunge:refers to contract language conveying his concern with local director.Team members should that warrants Y2K compliance for government progress in addressing year include staff who are responsible for new products and services.Many 2000 issues.Specifically,Gov.Carlson critical municipal functions such as cities are already using Y2K wants cities,counties,schools and public safety,public works and contract language developed by the townships to ensure that local services utility operations. Minnesota Attorney General's such as emergency response,water and 3.Does your organization have a office. sewer,and traffic lights are year 2000 Y2K Project Plan?If your city does • Public Awareness Activities: compatible by the end of 1998.Carlson not have a written Y2K plan but includes public information asks local governments to complete a you've begun to address the issue, activities that build public aware- brief survey of their Y2K efforts attach a separate sheet outlining the ness of the Y2K issue,inform including their awareness of the issue, approach you'll be taking.Comment citizens of the city's Y2K program, how they are responding to it,the status on activities underway or planned in and develop confidence in the of their plans,and whether they would any of the following areas: community's Y2K readiness. like additional information or assis- • Information Resources: packaged tance. software applications,operating 4.Which of the following Y2K If you have any questions about systems,computer hardware, project phases reflect your the survey,please contact the League's custom applications. organization's current status? Research and Information Service at • Interfaces:refers to the exchange Circle all project phases that reflect (651)281-1200 or(800)925-1122. of data between organizations such your city's current status.Definitions Please complete the Year 2000 Readi- as between a bank,county,state or for each phase follow: ness Survey and return it as soon as federal agency.Also refers to any • Awareness: educating elected city possible to:Minnesota Year 2000 individual device or system that officials and all city employees on Project Office,320 Centennial Office interacts with another individual Y2K implications for your city. Building,658 Cedar Street,St.Paul, device or system so that data can • Inventory: cataloguing all pieces MN 55155. be exchanged. of equipment and systems that The information below is intended • Firmware:refers to facility and could be affected by the Y2K to help members clarify terms used in equipment infrastructure with issue. the survey and answer questions related embedded electronic chips that • Assessment: determining to the year 2000 problem. may have Y2K compliance issues, equipment and systems critical 1.Is your organization aware of the such as fire and life safety systems, to vital city services and contacting year 2000 problem? -cities are - --HVAC systems,traffic signals, vendors to determine Y2K aware of the Y2K problem from water and wastewater systems,and compliance. ongoing coverage of this issue in the security systems. League's Minnesota Cities magazine • Business Partners:refers to See Survey,next page and the Cities Bulletin. vendors,suppliers,service 2.Has your organization identified a providers,utility providers,and Year 2000 Project Manager and Team?Many cities have identified a Page 6 LMC Cities Bulletin Irak, Survey, Who is your city's Y2K coordinator? continued from previous page As part of our ongoing effort to inform members about the potential impacts • Design: creating new system of the year 2000 problem on city services and operations,the League is designs,developing mitigation encouraging cities to identify a Year 2000 Project Coordinator and Team. strategies and work-around This key staff person could be the city clerk,the public works director,or solutions. the MIS director.Team members should include staff who are responsible • Conversion: changing from one for critical municipal functions such as public safety,public works,and utility computer software program to operations. another. Once your city has designated a central contact person,please share this • Testing: testing equipment to see if information with the League.Contact the League's Y2K Project Coordinator, it functions properly when time/ Kent Sulem,with all the details.Telephone: (651)281-1245.Fax: (651)281- date controls are set at Jan. 1, 1296.E-mail:ksulem@ lmnc.org. 2000,and testing manual over- The League has developed a sample resolution to help cities appoint a rides. Year 2000 Coordinator.(See box.)t • Implementation: implementing _ the city's Y2K plan. Sample Resolution Appointing Year 5.Would you like additional infor- mation or assistance?List informa- tion or assistance that would help Whereas the City of recognizes that the Year 2000 problem involves _ your city prepare for the year 2000. more than just a technology issue;and Note any obstacles you may be encountering,such as the lack of Whereas the City recognizes that all departments and services of the City technical consultants or unavailabil- may be impacted by the Year 2000 problem;and ity of technical assistance.Cities should consider setting aside Whereas the City has adopted a policy setting forth its commitment to adequate contingencies for their Y2K identifying,addressing and resolving the potential problems created by the Year programs,perhaps as much as 5 2000 and to making its best effort to ensure the uninterrupted provision percent of operating and enterprise of essential city services;and budgets for cities that have not been Whereas the City's efforts to minimize the potential impact of the Year 2000 regularly upgrading equipment and problem will involve input and actions from multiple departments,consultants,and systems.Be aware that the state,and outside organizations;and many legislators,expect all levels of government to absorb Y2K costs. Whereas the City recognizes the need to coordinate the efforts off all persons State budgets have not been in- working on the Year 2000 issue on behalf the City to ensure the efficiency and creased to fund Y2K activities. effectiveness of the efforts;and Similarly,no allowances were made during the 1998 legislative session to Whereas the League of Minnesota Cities has requested cities to designate a central contact person to receive information on the Year 2000 issue; exempt Y2K expenditures from levy limits. it Therefore be it resolved that the City of hereby appoints (City Clerk,Public Works Director,MIS Director,etc.) to serve as the city's Year 2000 Project Coordinator. Adopted: Mayor City Clerk September 2, 1998 Page 7 Cuffs AWARE Cities and theC PREPARED year 2000 Government, legislative, private and nonprofit sector leaders to participate in on-line Y2K forum Phil Platt,gofast.net In a move to raise the level of aware- "Everyone is working on fixing millennium arrives,it's our responsibil- ness among Minnesota cities and Y2K problems,including those ity to engage citizens in constructive counties about the need to engage their affecting the core infrastructures of preparation,"said Mike O'Connor, citizens in year 2000(Y2K)-related electricity,gas,water,transportation gofast.net co-founder and newly-named community preparedness,gofast.net,a and communications.But since no one chair of the city of St.Paul's Year 2000 St.Paul-based Internet Service Pro- knows how much difficulty these Get-Ready Task Force.t vider,is hosting a two-week,on-line systems will have once the new forum in mid-September featuring a panel of government,legislative and nonprofit leaders. The forum begins on Sept. 16 and Featured panelist confirmed for the on-line forum include: continues through Sept. 30.Elected officials and staff from local govern- • Paul Aasen,Director,Division of Emergency Management,MN ments throughout the state are invited Department of Public Safety to participate,as well as business, • Jim Close,Project Manager,MN Year 2000,MN Department of political and community leaders.There Administration is no charge for participation.Forum • Sally Evert,Director,Governmental Relations,Metropolitan Council members can participate via • Peter Hames,Director of Technology,Co-chair,Year 2000 Get-Ready gofast.net's web-based conferencing Task Force,St.Paul system called the Lowertown Online • Rep.Bill Hilty,Co-chair,House-Senate Year 2000 Task Force Pub at http://lowertown.pub.com.For • Curt Johnson,Chair,Metropolitan Council more information,contact Phil Platt at • Sen.Steve Kelley,Co-chair,House-Senate Year 2000 Task Force (651)291-1890 or e-mail: phil@ • Sharon Klumpp,Associate Executive Director,League of Minnesota gofast.net. Cities • Jim Mulder,Executive Director,Association of Minnesota Counties • Dennis Walter,Disaster Specialist,American Red Cross of the St.Paul Area • Lyle Wray,Executive Director,Citizens League Page 8 LMC Cities Bulletin CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill,, City Administrator SUBJECT: Minnesota Tourism Industry Funding Support DATE: September 8. 1998 INTRODUCTION: Deb Amundson. Council liaison on the Shakopee Convention and Visitors Bureau, is requesting that the City Council approve a resolution supporting adequate funding for the Minnesota Tourism Industry, as it contributes significantly to both the economy and the quality of life in Minnesota. BACKGROUND: The Shakopee Convention and Visitors Bureau stresses the importance of the economic impact that tourism has on Shakopee,with such major attractions as ValleyFair, Canterbury Park, Murphy's Landing, the Renaissance Festival, and Mystic Lake Casino. Therefore they are requesting that the City support that the advertising and marketing budget of the Minnesota Office of Tourism be permanently increased by $5 million,to make it more competitive in regional, national and international markets. They are also asking that the budget be further increased by a one time investment of$2 million to allow the technology enhancements necessary to develop Minnesota's image in the global marketplace and more proactively position Minnesota as a worldwide destination for the next century. RECOMMENDATION: Approve the attached resolution supporting the adequate funding for the Minnesota Tourism Industry. ACTION REQUESTED: If the Council concurs, it should,by motion, approve the following Resolution: RESOLUTION NO. 4978 A RESOLUTION SUPPORTING ADEQUATE FUNDING FOR THE MINNESOTA TOURISM INDUSTRY Mark McNeill City Administrator TOURISM.DOC RESOLUTION NO. 4978 A RESOLUTION SUPPORTING ADEQUATE FUNDING FOR THE MINNESOTA TOURISM INDUSTRY WHEREAS, the annual economic impact of domestic and international travel and tourism in Minnesota is $9.1 billion or approximately $25 million per day; and WHEREAS,travel and tourism provide over 170,300 Minnesotans with jobs and $3.7 billion in wages and salaries; and WHEREAS, a large number of jobs and tourism dollars are realized in Shakopee due to such major regional attractions as ValleyFair, Canterbury Park, Murphy's Landing,Minnesota Renaissance Festival, and Mystic Lake Casino; and WHEREAS, travel and tourism employment growth is far out pacing total U.S. non- agricultural employment; and WHEREAS, tax receipts nationally are $1.1 billion; and WHEREAS, over 24.9 million U.S. travelers and 1 million international travelers visit Minnesota each year; and WHEREAS, over the last decade,the combined domestic advertising budgets of state travel offices have increased by over 26%, while the Minnesota Office of Tourism's domestic advertising budget has fallen by 20%; and WHEREAS, Minnesota's visibility or"share of voice"in the marketplace has declined significantly while competitors such as Missouri, Michigan and Illinois have significantly increased visibility; and WHEREAS, for every dollar spent on direct tourism advertising,the State of Minnesota realizes $79 of economic impact and$9.46 in tax receipts; and WHEREAS,the State of Minnesota invested over$286 million in capitol bonding for tourism related projects this past year with no additional funding for marketing; and WHEREAS,the capacity for Minnesota to host visitors continue to increase statewide through growth in lodging, increased seasonal promotion and addition of new attractions; and WHEREAS, the Minnesota tourism industry,through 66 communities, has a self- imposed lodging tax to further market and promote Minnesota travel destinations on a local level; and WHEREAS,the tourism industry contributes significantly to both the economy and the quality of life in Minnesota; TOURISM.DOC NOW THEREFORE BE IT RESOLVED that the advertising and marketing budget of the Minnesota Office of Tourism should be permanently increased by $5 million to make it more competitive in regional,national and international markets. The budget should be further increased by a one time investment of$2 million to allow the technology enhancements necessary to develop Minnesota's image in the global marketplace and more proactively position Minnesota as a worldwide destination for the next century. Adopted in session of the City Council of the City of Shakopee, Minnesota,held this day of , 1998. Mayor of the City of Shakopee ATTEST: City Clerk TOURISM.I)OC Memo Date: August 28, 1998 To: Jon Brekke From:Deb Amundson Re: Increased Funding for Tourism At the August meeting of the CVB, I learned more about the Minnesota Tourism Promotion Coalition and its goal of seeking a$5 million increase for advertising and marketing plus a one-time investment of$2 million to improve technology. Tourism is big business. In Minnesota, it provides For a very dollarjobs and$spent on.7 in wages and salaries. Tax receipts are$1.1 direct tourism advertising,the State of Minnesota realizes$79 of economic impact and$9.46 in tax receipts. Any company would desire that their advertising dollars would generate such a payback. states understand that concept better thaninnesota because they have steadily increased their tourism marketing budgets whereas Minnesota's budget has remained relatively flat for more than 10 years. In Shakopee we benefit greatly the and llars tourism brings into our community—area attractions,hotelsrestaurants generate jobs and tax revenues for our city. As the City's representative to the Conventions and Visitors Bureau, I am requesting that the City of Shakopee adopt the attached resolution in support of the requested funding. I have enclosed additional information that describes the Tourism Budget Initiative. If you have any questions, give me a call. Deb TOURISM BUDGET INITIATIVE BACKGROUND: The Minnesota Office of Tourism's marketing and promotional budget has been relatively flat for more than ten years. At the same time,the State's tourism product has greatly expanded and tourism is one of Minnesota's largest industries and leading employers. It is critical to ensure that Minnesota remain competitive in tourism. Over the last decade, the combined domestic advertising budgets of state travel offices have increased by over 26%,while the Minnesota Office of Tourism' domestic advertising budget has fallen by 20%. The annual economic impact of domestic and international travel and tourism in Minnesota is$9.1 billion,including$3.7 billion in wages and salaries and$1.1 billion in tax receipts. The present state budget for the Minnesota Office of Tourism for FY99 is$7.482 million general fund general fund and $723,000 trunk highway,totaling$8.205 million. The advertising and marketing budget of the Office of Tourism should be permanently increased by$5 million to make it more competitive in regional,national and international markets.The budget should be further increased by a one-time investment of$2 million to allow the technology enhancements necessary to develop Minnesota's image in the global marketplace and more proactively position Minnesota as a worldwide destination for the next century. Every dollar spent by the Office of Tourism on advertising generates $79 in economic impact and$9.46 in tax receipts. Consumer Advertising/Research: $4,000,000 The Office of Tourism consumer advertising budget is$2 million,the same level as it's been since 1986. As a result, as media costs and production costs have increased,buying power has decreased. In 1998,out-of-state television was purchased for the first time since 1995. Results in three test markets demonstrated a significant increase in levels of awareness and intent to travel to Minnesota.. Additional advertising dollars would buy television ad schedules in markets in the 12-state Northcentral Region. Other tactics would include development of aggressive print cooperative advertising programs in the same markets. National campaigns to target niche markets such as eco tourism, adventure travel,golf, cross-country skiing,and cultural heritage tourism have the potential for generating new travelers to Minnesota. Increased advertising will result in increased costs to handle customer inquiries and provide information through a variety of methods and ongoing research for both evaluation and to determine market potential. The current advertising budget precludes the Office of Tourism from reaching target markets on a year-around basis. Additional investment will enable the Tourism Office to broaden its reach in primary markets and expand national advertising efforts. International Marketing: $ 500,000 International Marketing is the fastest growing segment of the Industry. Efforts have been focused on the travel trade and media in Canada,and the overseas markets of Japan,the United Kingdom,German speaking countries and Scandinavia. Participation in trade shows,trade missions, sales calls,and hosting international tour operators and travel media in partnership with the Minnesota tourism industry has resulted in Minnesota travel products being offered by tour operators in all target markets. What's needed now is targeted advertising to reach the international consumers to create demand for the Minnesota travel product that is being sold by leading tour operators and travel agents. In addition,market development activities would be conducted in emerging international markets. Organizational Marketing Partnerships: $ 450,000 The organizational marketing partnership program generates incremental travel to Minnesota. This program provides funding to nonprofit tourism organizations to attract non-resident travelers to the state. All dollars are minimally matched on a one-to-one basis.Present funding levels are inadequate with demand for the program far outpacing the available funding,which was depleted by January, 1998 for FY98. Funding levels are also no longer able to handle major requests such as International Plenipotentiary Union(ITU)or other significant opportunities to promote Minnesota. In FY98, over 70 organizations received funding. Meetings& Conventions Marketing: $ 250,000 The State of Minnesota has made significant public investment in the development and expansion of convention facilities statewide, but has not invested proportionately in their marketing. These marketing funds will help to create awareness and recognition of Minnesota as a meetings and conventions destination and generate incremental convention business to maximize the state's return on investment. A one-to-one match is required. leariley Technology Enhancements: $2,000,000 Travel and tourism is one of the primary sources of commerce on the world wide web. Technology has greatly enhanced tourism through real time information,delivery options and direct linkages of buyers and sellers.Technology allows customers to access travel information 24 hours a day, seven days a week.For example,during May, 1998,the Office of Tourism Web site had 116,675 page views; 26,777 home page hits; and 31,332 user sessions. Recent research indicates as many as 26%of customers accessed the Office of Tourism web site prior to traveling to Minnesota. A self service kiosk at one of the Travel information centers increased the number of customers served by over 25%. The Office of Tourism operates a personalized travel planning service called"Journey". This system includes an extensive database of tourism businesses and organizations and allows for personalized travel counseling. This same database is the foundation of the www.exploreminnesota.com web site.To be competitive,the Office of Tourism needs to make significant improvements to its database platform architecture to provide better and more timely customer service and access,as well as to better connect with the Minnesota tourism industry.Examples of needed features include: o Proximity searches that give customers information on destination area tourism opportunities; o Delivery options that provide the ability to use a combination of distribution methods; o GIS capability including mapping and routing,both through Journey and web applications; o Data update capability to be performed by regional offices, local chambers and cvbs; o Support for web and kiosk initiatives through automated database upgrades; o Video and audio capability on web and kiosk applications; o Touch screen application for kiosks; o Direct hook-ups to chambers and convention and visitor bureaus; o Standard and enhanced property listings including digitized images of the property; o Vacancy information collection and distribution. o Creation of a single database where all applications could be supported live. o Expanded distribution channels to maximize tourism revenues. ti�oRF / lr/ ' \ Analysis of the Impacts of Increasing Investment in The Minnesota Office of Tourism's Direct Advertising Program The Minnesota Office of Tourism's primary mission is to increase travel-related tax revenues through investment of advertising dollars. One program designed to achieve this goal is the inquiry generation advertising program. The following table shows the impacts of resident and non-resident travel that are projected to result from increased investment in MOT's direct advertising program. This table measures overall economic impact in terms of gross receipts, new tax dollars,additional jobs and the resulting wages and salaries for the $5 million level of increase in investment. Impacts of Resident and Non-Resident Travel Resulting from Minnesota Office of Tourism Advertising at an Investment Level of$5 Million Additional $5 Million Marketing Increase( Total Impact Total Tax Wages and Employment Investment Factor) (Gross Impacts Salaries (Jobs) Receipts) (Fed,State,Local) 1996 Levels(Actual) $2,986,338 $237,024,000 $28,242,000 $92,800,000 4682 (per$of marketing) $79.37 $9.46 $31.07 0.00157 With additional$5 $7,986,338 2.67 $633,871,242 $75,527,337 $248,174,241 12521 million per$of marketing) $79.37 $9.46 $31.07 0.00157 Difference(Result of $5,000,000 $396,847,242 $47,285,337 $155,374,241 7839 additional$5 million) Sources: MOT seasonal surveys, REMI Model Major assumptions: 1.The"investment"portion of this analysis is based on Minnesota Office of Tourism budget items that constitute marketing fulfillment functions for consumer travel. The marketing budget for fiscal year 1996 directed at both residents and non-residents was$2,986,338. 2.The"return"portion of this analysis is based on 327,000 resident and non-resident customer inquiries during calendar year 1996 that resulted in mailed fulfillment of travel information. The vast majority of these inquiries were made by phone and mail,while a small number came by fax or electronic mail. 3.Impact projections for specific increments of investment(e.g.,$5 million)assume a linear relationship,i.e.,the economic impacts (gross receipts,wages and salaries,jobs and taxes)increase linearly with the amount of marketing dollars invested. Also,ROIs(Return on Investment)and conversion rates are assumed constant at different investment levels. See"Analysis of MOTs Return on Investment for its Direct Advertising Campaign 1995-1996"for details on other assumptions, methodology,and Appendices. ��YLOR� Minnesota Office of Tourism's Budget History A Ten Year Perspective of State Travel Office Budgets Over the past ten fiscal years, 1987-88 through 1997-98, most state travel offices grew significantly according to budget data reported in annual editions of the United States Travel Data Center(USTDC) report, Survey of State Travel Offices. The average state travel office budget in 1987-88 fiscal year was $5,675,324. In fiscal year 1997-98 the average state travel office budget grew to$9,939,794, an increase of 75% in ten years. Minnesota has not kept pace. Ten years ago, the Minnesota Office of Tourism ranked 20th among state travel office budgets. Its budget, at$5,851,700 in 1987-88, was slightly over the average for a state travel office. Today, the Office of Tourism's legislatively appropriated budget for 1997-98 at$8,625,000, is$1.3 million dollars below the national average and has also fallen in national ranks to 23rd place. Minnesota is one of the North Central Region states, states considered by the U.S. Census Bureau to be a geographical region. This region includes: Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Nebraska, North Dakota, Ohio, South Dakota and Wisconsin. Several of the states in this region are not highly visible destinations and do not invest much in tourism promotion. In comparison, Minnesota has long been recognized as a tourism destination on a national basis. Despite that, when compared to the North Central Region as a whole, Minnesota lags behind many of these states in its tourism investment. The average state travel office budget for this region is$9,477,134. Minnesota falls$850,000 dollars short of the regional average and a full $3 million short of its neighbor and fiercest competitor, Wisconsin. During the last ten years the major growth in the Minnesota Office of Tourism's budget came during FY 89 when the legislature transferred the Minnesota Department of Transportation Travel Information Centers (TICs) and their operating budgets to the Office of Tourism. Much of the increase was trunk highway funds—dollars that must be dedicated to highway related projects. Trunk highway funds accounted for$674,000 of the Minnesota Office of Tourism budget in FY 90, the first full year of TIC operation after the transfer and $706,000 today. In FY 90, the trunk highway funds fully funded the operation of the TICs. Today, it funds only 2/3 of their budgets while the office's general fund is used for the other third. In FY 98, pass-through funds(funds designated for projects outside of the Tourism Office)also represent more than $1,000,000 of the Tourism Office's general fund dollars. Minnesota's tourism offerings are changing dramatically to provide a year-round international destination with both a strong urban and natural resource based travel product. The Minnesota Office of Tourism has identified four other states, Illinois, Michigan, Missouri and Wisconsin, as direct competitors in their destination product offerings. These states have similar natural resource based recreation products or strong urban attraction offerings. They also directly compete with Minnesota for the Midwest drive market--the market that provides Minnesota with over 85% of its pleasure travelers. The tourism office budgets for these states have grown at a rate much higher than Minnesota's (see following table). State Travel Office Budgets for Competitor States FY 87-88 FY 97-98 Growth Rate Illinois $20,500,000 $35,336,700 72% Michigan $10,889,400 $17,405,000 60% Wisconsin $6,317,000 $11,680,000 85% Minnesota $ 5,851,700 $ 8,625,000 47% Missouri $ 5,243,038 $13,267,150 153% US Average $ 5,675,324 $ 9,939,794 75% Minnesota's neighboring states of Iowa and the Dakotas do not have strong travel destination products and therefore invest little in tourism marketing. These states traditionally have been close to the bottom in ranking of travel office budgets among the 50 states. But even these states have seen significant growth in their travel budgets over the last ten years—with Iowa increasing from$1,497,533 in FY87-88 to$5,410,868 in FY 97-98--a growth rate of 261%. South Dakota's travel office budget increased 83% and North Dakota's increased 77%over this same period. One category of budget allocation that is critical to influencing travel behavior is advertising expenditures. Here also Minnesota has fallen way behind the nation, and, more importantly, behind its competitors in budget over the last ten years. While most other state's adverting budgets have grown on average 30% over the decade, Minnesota's has fallen by 20%. Minnesota's advertising budget, at $1,800,000 is $1.1 million dollars lower than both the national average and the average for the North Central region . Minnesota's advertising budget is a full $6.5 million below that of Illinois, the highest among the four competitor states, and $2.8 million below Wisconsin--its fiercest competitor in luring visitors to natural resource based recreation. In fact, while Minnesota's advertising budget is comparable to what it was ten years ago, in real dollars, it represents only half the media buying power. FY 97-98 State Travel Advertising Budgets of Minnesota's Competitor States Illinois $8,320,600 Michigan $6,644,399 Minnesota $1,800,000 Missouri $6,285,664 Wisconsin $4,600,000 No Central Avg $2,900,099 U.S. Average $2,878,632 The Minnesota Office of Tourism's budget has been losing ground to its primary competitors, its own census region, and the nation for the last ten years. While other states are gearing up for the 21st century to compete in the travel market, Minnesota does not have adequate funding to even maintain. Increased funding is needed before Minnesota's tourist base erodes and the significant statewide economic impact and benefits of tourism diminish. TOURISM BUDGET INITIATIVE BACKGROUND: The Minnesota Office of Tourism's marketing and promotional budget has been relatively flat for more than ten years. At the same time,the State's tourism product has greatly expanded and tourism is one of Minnesota's largest industries and leading employers. It is critical to ensure that Minnesota remain competitive in tourism. Over the last decade,the combined domestic advertising budgets of state travel offices have increased by over 26%,while the Minnesota Office of Tourism' domestic advertising budget has fallen by 20%. The annual economic impact of domestic and international travel and tourism in Minnesota is$9.1 billion,including$3.7 billion in wages and salaries and$1.1 billion in tax receipts. The present state budget for the Minnesota Office of Tourism for FY99 is$7.482 million general fund general fund and $723,000 trunk highway,totaling$8.205 million. The advertising and marketing budget of the Office of Tourism should be permanently increased by$5 million to make it more competitive in regional,national and international markets. The budget should be further increased by a one-time investment of$2 million to allow the technology enhancements necessary to develop Minnesota's image in the global marketplace and more proactively position Minnesota as a worldwide destination for the next century. Every dollar spent by the Office of Tourism on advertising generates$79 in economic impact and$9.46 in tax receipts. Consumer Advertising/Research: $4,000,000 The Office of Tourism consumer advertising budget is$2 million,the same level as it's been since 1986. As a result,as media costs and production costs have increased,buying power has decreased. In 1998,out-of-state television was purchased for the first time since 1995. Results in three test markets demonstrated a significant increase in levels of awareness and intent to travel to Minnesota.. Additional advertising dollars would buy television ad schedules in markets in the 12-state Northcentral Region. Other tactics would include development of aggressive print cooperative advertising programs in the same markets. National campaigns to target niche markets such as eco tourism,adventure travel,golf, cross-country skiing, and cultural heritage tourism have the potential for generating new travelers to Minnesota. Increased advertising will result in increased costs to handle customer inquiries and provide information through a variety of methods and ongoing research for both evaluation and to determine market potential. The current advertising budget precludes the Office of Tourism from reaching target markets on a year-around basis. Additional investment will enable the Tourism Office to broaden its reach in primary markets and expand national advertising efforts. International Marketing: $ 500,000 International Marketing is the fastest growing segment of the Industry. Efforts have been focused on the travel trade and media in Canada,and the overseas markets of Japan,the United Kingdom,German speaking countries and Scandinavia. Participation in trade shows,trade missions, sales calls,and hosting international tour operators and travel media in partnership with the Minnesota tourism industry has resulted in Minnesota travel products being offered by tour operators in all target markets. What's needed now is targeted advertising to reach the international consumers to create demand for the Minnesota travel product that is being sold by leading tour operators and travel agents. In addition,market development activities would be conducted in emerging international markets. Organizational Marketing Partnerships: $ 450,000 The organizational marketing partnership program generates incremental travel to Minnesota. This program provides funding to nonprofit tourism organizations to attract non-resident travelers to the state. All dollars are minimally matched on a one-to-one basis.Present funding levels are inadequate with demand for the program far outpacing the available funding, which was depleted by January, 1998 for FY98. Funding levels are also no longer able to handle major requests such as International Plenipotentiary Union(ITU)or other significant opportunities to promote Minnesota. In FY98,over 70 organizations received funding. Meetings& Conventions Marketing: $ 250,000 The State of Minnesota has made significant public investment in the development and expansion of convention facilities statewide, but has not invested proportionately in their marketing. These marketing funds will help to create awareness and recognition of Minnesota as a meetings and conventions destination and generate incremental convention business to maximize the state's return on investment. A one-to-one match is required. itall,11/0 , Technology Enhancements: $2,000,000 Travel and tourism is one of the primary sources of commerce on the world wide web. Technology has greatly enhanced tourism through real time information,delivery options and direct linkages of buyers and sellers.Technology allows customers to access travel information 24 hours a day, seven days a week.For example,during May, 1998, the Office of Tourism Web site had 116,675 page views; 26,777 home page hits; and 31,332 user sessions. Recent research indicates as many as 26%of customers accessed the Office of Tourism web site prior to traveling to Minnesota. A self service kiosk at one of the Travel information centers increased the number of customers served by over 25%. The Office of Tourism operates a personalized travel planning service called"Journey". This system includes an extensive database of tourism businesses and organizations and allows for personalized travel counseling. This same database is the foundation of the www.exploreminnesota.com web site. To be competitive,the Office of Tourism needs to make significant improvements to its database platform architecture to provide better and more timely customer service and access, as well as to better connect with the Minnesota tourism industry. Examples of needed features include: o Proximity searches that give customers information on destination area tourism opportunities; o Delivery options that provide the ability to use a combination of distribution methods; o GIS capability including mapping and routing,both through Journey and web applications; o Data update capability to be performed by regional offices, local chambers and cvbs; o Support for web and kiosk initiatives through automated database upgrades; o Video and audio capability on web and kiosk applications; o Touch screen application for kiosks; o Direct hook-ups to chambers and convention and visitor bureaus; o Standard and enhanced property listings including digitized images of the property; o Vacancy information collection and distribution. o Creation of a single database where all applications could be supported live. o Expanded distribution channels to maximize tourism revenues. XYLOR\ ( ,,k,f Analysis of the Impacts of Increasing Investment in The Minnesota Office of Tourism's Direct Advertising Program The Minnesota Office of Tourism's primary mission is to increase travel-related tax revenues through investment of advertising dollars. One program designed to achieve this goal is the inquiry generation advertising program. The following table shows the impacts of resident and non-resident travel that are projected to result from increased investment in MOT's direct advertising program. This table measures overall economic impact in terms of gross receipts, new tax dollars, additional jobs and the resulting wages and salaries for the $5 million level of increase in investment. Impacts of Resident and Non-Resident Travel Resulting from Minnesota Office of Tourism Advertising at an Investment Level of$5 Million Additional $5 Million Marketing Increase( Total Impact Total Tax Wages and Employment Investment Factor) (Gross Impacts Salaries (Jobs) Receipts) (Fed,State,Local) 1996 Levels(Actual) $2,986,338 $237,024,000 $28,242,000 $92,800,000 4682 (per$of marketing) $79.37 $9.46 $31.07 0.00157 With additional$5 $7,986,338 2.67 $633,871,242 $75,527,337 $248,174,241 12521 million per$of marketing) $79.37 $9.46 $31.07 0.00157 Difference(Result of $5,000,000 $396,847,242 $47,285,337 $155,374,241 7839 additional$5 million) Sources: MOT seasonal surveys, REMI Model Major assumptions: 1.The"investment"portion of this analysis is based on Minnesota Office of Tourism budget items that constitute marketing fulfillment functions for consumer travel. The marketing budget for fiscal year 1996 directed at both residents and non-residents was$2,986,338. 2.The"return"portion of this analysis is based on 327,000 resident and non-resident customer inquiries during calendar year 1996 that resulted in mailed fulfillment of travel information. The vast majority of these inquiries were made by phone and mail,while a small number came by fax or electronic mail. 3.Impact projections for specific increments of investment(e.g.,$5 million)assume a linear relationship,i.e.,the economic impacts (gross receipts,wages and salaries,jobs and taxes)increase linearly with the amount of marketing dollars invested. Also,ROIs(Return on Investment)and conversion rates are assumed constant at different investment levels. See"Analysis of MOTs Return on Investment for its Direct Advertising Campaign 1995-1996"for details on other assumptions, methodology,and Appendices. XPLORF (7- ( „vivEso:r-_ Minnesota Office of Tourism's Budget History A Ten Year Perspective of State Travel Office Budgets Over the past ten fiscal years, 1987-88 through 1997-98, most state travel offices grew significantly according to budget data reported in annual editions of the United States Travel Data Center(USTDC) report, Survey of State Travel Offices. The average state travel office budget in 1987-88 fiscal year was $5,675,324. In fiscal year 1997-98 the average state travel office budget grew to$9,939,794, an increase of 75% in ten years. Minnesota has not kept pace. Ten years ago, the Minnesota Office of Tourism ranked 20th among state travel office budgets. Its budget, at$5,851,700 in 1987-88, was slightly over the average for a state travel office. Today, the Office of Tourism's legislatively appropriated budget for 1997-98 at$8,625,000, is$1.3 million dollars below the national average and has also fallen in national ranks to 23rd place. Minnesota is one of the North Central Region states, states considered by the U.S. Census Bureau to be a geographical region. This region includes: Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Nebraska, North Dakota, Ohio, South Dakota and Wisconsin. Several of the states in this region are not highly visible destinations and do not invest much in tourism promotion. In comparison, Minnesota has long been recognized as a tourism destination on a national basis. Despite that, when compared to the North Central Region as a whole, Minnesota lags behind many of these states in its tourism investment. The average state travel office budget for this region is$9,477,134. Minnesota falls$850,000 dollars short of the regional average and a full $3 million short of its neighbor and fiercest competitor, Wisconsin. During the last ten years the major growth in the Minnesota Office of Tourism's budget came during FY 89 when the legislature transferred the Minnesota Department of Transportation Travel Information Centers (TICs)and their operating budgets to the Office of Tourism. Much of the increase was trunk highway funds--dollars that must be dedicated to highway related projects. Trunk highway funds accounted for$674,000 of the Minnesota Office of Tourism budget in FY 90, the first full year of TIC operation after the transfer and $706,000 today. In FY 90, the trunk highway funds fully funded the operation of the TICs. Today, it funds only 2/3 of their budgets while the office's general fund is used for the other third. In FY 98, pass-through funds (funds designated for projects outside of the Tourism Office)also represent more than $1,000,000 of the Tourism Office's general fund dollars. Minnesota's tourism offerings are changing dramatically to provide a year- round international destination with both a strong urban and natural resource based travel product. The Minnesota Office of Tourism has identified four other states, Illinois, Michigan, Missouri and Wisconsin, as direct competitors in their destination product offerings. These states have similar natural resource based recreation products or strong urban attraction offerings. They also directly compete with Minnesota for the Midwest drive market--the market that provides Minnesota with over 85% of its pleasure travelers. The tourism office budgets for these states have grown at a rate much higher than Minnesota's (see following table). State Travel Office Budgets for Competitor States FY 87-88 FY 97-98 Growth Rate Illinois $20,500,000 $35,336,700 72% Michigan $10,889,400 $17,405,000 60% Wisconsin $6,317,000 $11,680,000 85% Minnesota $ 5,851,700 $ 8,625,000 47% Missouri $ 5,243,038 $13,267,150 153% US Average $ 5,675,324 $ 9,939,794 75% Minnesota's neighboring states of Iowa and the Dakotas do not have strong travel destination products and therefore invest little in tourism marketing. These states traditionally have been close to the bottom in ranking of travel office budgets among the 50 states. But even these states have seen significant growth in their travel budgets over the last ten years—with Iowa increasing from $1,497,533 in FY87-88 to $5,410,868 in FY 97-98--a growth rate of 261%. South Dakota's travel office budget increased 83% and North Dakota's increased 77%over this same period. One category of budget allocation that is critical to influencing travel behavior is advertising expenditures. Here also Minnesota has fallen way behind the nation, and, more importantly, behind its competitors in budget over the last ten years. While most other state's adverting budgets have grown on average 30% over the decade, Minnesota's has fallen by 20%. Minnesota's advertising budget, at $1,800,000 is $1.1 million dollars lower than both the national average and the average for the North Central region . Minnesota's advertising budget is a full $6.5 million below that of Illinois, the highest among the four competitor states, and $2.8 million below Wisconsin--its fiercest competitor in luring visitors to natural resource based recreation. In fact, while Minnesota's advertising budget is comparable to what it was ten years ago, in real dollars, it represents only half the media buying power. FY 97-98 State Travel Advertising Budgets of Minnesota's Competitor States Illinois $8,320,600 Michigan $6,644,399 Minnesota $1,800,000 Missouri $6,285,664 Wisconsin $4,600,000 No Central Avg $2,900,099 U.S. Average $2,878,632 The Minnesota Office of Tourism's budget has been losing ground to its primary competitors, its own census region, and the nation for the last ten years. While other states are gearing up for the 21st century to compete in the travel market, Minnesota does not have adequate funding to even maintain. Increased funding is needed before Minnesota's tourist base erodes and the significant statewide economic impact and benefits of tourism diminish. Jif - lS _ CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Tobacco License - Speedway SuperAmerica LLC 4546 DATE: September 14, 1998 INTRODUCTION AND BACKGROUND: The City has received an application from Speedway SuperAmerica for a tobacco license for the new SA to be located at Crossroads Center. The application is in order. RECOMMENDED ACTION: Approve the application and grant a tobacco license to Speedway SuperAmerica LLC #4546, 1298 Vierling Drive East. Mk