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HomeMy WebLinkAbout09/05/1995 TENTATIVE AGENDA REGULAR SESSION SHAKOPEE, MINNESOTA SEPTEMBER 5, 1995 LOCATION: City Hall, 129 Holmes Street South Mayor Gary Laurent presiding 1] Roll Call at 7:00 P.M. 2] Approval of Agenda 3] Recess for E.D.A. Meeting 4] Re-convene 5] Liaison Reports from Councilmembers 6] Mayor's Report 7] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 8) Approval of Consent Business - (All items listed with an asterisk are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. ) *9] Approval of Minutes of August 1st and August 8th, 1995 10] Communications:` a] Gary Cunningham, County Administrator, regarding appointment of Manager to the Prior Lake/Spring Lake Watershed District Board b] Jon Albinson, Fundraising Committee, regarding contribution to the Ferry Bridge Fund 11] PUBLIC HEARINGS: None 12] Recommendations from Boards and Commissions: a) Vacation of a portion of Spencer Street lying. north of TH 101, Res. No. 4172 13] Reports from Staff: *a] Civil Defense Warning Siren *b] Recreation Non-Resident Fees, Res. No. 4283 and Administrative Policy No. 238 *c] Completion of Probation - Tracy S. Meader, *d] Completion of Probation - Sergeant John Flynn TENTATIVE AGENDA September 5, 1995 Page -2- 13) Reports from Staff continued: e] Assistant Arena Manager Position - Res. No. 4284 *f] Civic Center Furnishings, Fixtures and Equipment *g) Civic Center Bid Packages 6D, 6E,6F, 6G, 6H, 6I, 6J, 6K, 6L *h] Civic Center Bid Package #8, Metal Roofing and Framing *I] 1995 Auditor Authorization *j ] Approve Bills in the amount of $142,583.44 *k] Pawnbroker's Employee License - Julian B. White *1] Consenting to A Tax Levy by the EDA - Res. No. 4286 *m] Setting Proposed Maximum 1995 Tax Levy Collectable in 1996 - Res. No. 4287 *n] Authorize Flood Study for Mn. River by OSM 0) Right-of-Way Acquisition for Vierling Drive Between CR-77 and CR-79 Project, 1995-6 p] Easement Acquisition for St. Francis Regional Medical Center Sewer and Watermain Project, 1995-2 q] Creation of Community Development Department - memo on table 14) Resolutions and Ordinances: *a] Res. No. 4280 - Initiating Vacation of Easement in Block 1, Cretex Industrial Park 1st *b] Res. No. 4282 - Adopting A Community Policing Philosophy *c] Ord. No. 426 - Renaming Street in The Meadows West 1st *d] Res. No. 4285 - Approving Plans & Specs and Ordering Ad for Bids on River District Trunk, 1995-9 *e] Res. No. 4288 - Prohibiting Parking on Vierling Drive Between CR-79 and CR-77 *f] Res. No. 4289 - Approving Plans & Specs and Ordering Ad for Bids for St. Francis Sanitary Sewer and Watermain, 1995-2 *g) Res. No. 4290 - Authorizing Issuance and Sale of $3, 180,000 G.O. Improvement Bonds, Series 1995A *h] Res. No. 4291 - Authorizing Issuance and Sale of $1, 150, 000 G.O. Storm Water Revenue Bonds, Series 1995B 15] Other Business: 16) Recess for an executive session to discuss matters permitted under attorney-client privilege. 17] Re-convene 18) Adjourn to Tuesday, September 19, 1995 at 7:00 P.M. Dennis R. Kraft, City Administrator MEMO TO: Honorable Mayor and City Council FROM: Dennis R. Kraft, City Administrator RE: Non Agenda Informational Items DATE: September 1, 1995 1. The City has received applications for authorization for exemption from Lawful Gambling license from 1.) Ducks Unlimited for 9/12/95 and 2.) Minnesota Court Reporters Association for 10/28/95. Both meet the requirements of the City Code. 2. Attached is a memorandum from the Assistant City Administrator regarding project updates. 3. Attached is the September Business Update from City Hall. 4. Attached is the September calendar of Upcoming Meetings. 5. Attached is correspondence from the League of Minnesota Cities regarding the 1995 Regional Meetings. 6. Attached are the September 7th agendas for the Planning Commission and Board of Adjustment and Appeals. 7. Attached is correspondence from the Mayor to Mr. Stanley Crooks, Shakopee Mdewakanton Sioux Community regarding concerns with the proposed placement of 590 acres into trust. 8. Attached is correspondence from the Public Works Director to the Prior Lake-Spring Lake Watershed District regarding proposed boundary change with the Shakopee Basin WMO. 9. Attached is correspondence from the DNR regarding signs to inform boaters on stopping the spread of exotic species. 10. Attached is the monthly report from the Engineering Department. 11. Attached is a revised page to insert in your copy of the Special Assessment Policy. 12. Attached is a memorandum from the Public Works Director regarding C.R. 77 and Apgar St./Fuller St. 13. Attached is correspondence from the Finance Director to the Township Boards regarding information on the Fire Department Budget. 14. Attached is the Police Newsletter for Council review. 15. Attached is a memorandum from the City Attorney regarding NSP Franchise. 16. Attached is a memorandum from the City Attorney regarding Litigation Against the U.S. and B.I.A. MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock,Assistant City Administrator RE: Project Updates-Non Agenda Informational DATE: August 31, 1995 The following is a brief status report on several projects that I am currently working on: 1. City Newsletter-The August edition of the Shakopee City Newsletter was delivered to the post office on Wednesday, August 23rd. 2. Three proposals for custodial services associated with the Shakopee Library, Public Works Building, City Hall and Civic Center have been received. Staff is currently in the process of reviewing the proposals. 3. Blocks 3 &4 Review Appraisals - Staff has found an appraiser to review the appraisals that were previously completed on Blocks 3 &4. The appraisals are expected to be complete prior to September 1, 1995. Representatives from Conworth Inc. and Northstar Land Services will then begin to contact the property owners and tenants in Blocks 3 &4. 4. Minnesota Valley Engineering- On August 15, 1995 the Shakopee City Council directed staff to offer an incentive package to Minnesota Valley Engineering for the location of their new manufacturing facility in Shakopee. Staff followed up as directed. It is my understanding that Shakopee has been stricken from the list of possible sites. Upon interviewing several existing manufacturing facilities in Shakopee, Minnesota Valley Engineering determined that the availability of a labor force in Shakopee would not meet their needs. 5. Attached are the unapproved minutes of the August 16, 1995 CDC Meeting. OFFICIAL PROCEEDINGS COMMUNITY DEVELOPMENT COMMISSION REGULAR SESSION SHAKOPEE, MINNESOTA AUGUST 16, 1995 Members present: Morke, Reinke, VanHorn, Miller, Albinson, and Amundson. Staff Present: Barry Stock, Assistant City Administrator; Paul Bilotta, Acting Planning Director and Nicole Bennett, Planning Intern. Roll Call - Chairman VanHorn called the meeting to order at 5:40 p.m. Roll was taken as noted above. II. Approval of July 19, 1995 Minutes - Reinke/Morke moved to approve the minutes of the July 19, 1995 meeting as kept. Motion carried unanimously. III. Economic Development Update - Mr. Stock noted that on August 1, 1995 the Shakopee EDA directed the appropriate City officials to proceed with friendly acquisition of the parcels located within blocks 3 and 4. Mr. Stock also noted that the EDA authorized the utilization of Conworth Inc. to spearhead the acquisition/relocation process. Mr. Morke stated that he felt there was a general feeling on the part of the downtown business owners that the City is going to demolish all these structures. Mr. Stock noted that the City will be evaluating whether or not the property can be rehabilitated. He also noted that the City will be utilizing a construction firm to evaluate and prepare a cost estimate to rehab the former City Hall. This will provide the City with a benchmark in terms of an estimated rehabilitation cost. Mr. Miller stated that he felt the City Council and EDA would move quicker in terms of evaluating the options once ownership is secured. Mr. Albinson stated that we should not forget about evaluating the possibility of relocating structures. Mr. Reinke stated that an analysis on the former City Hall building was completed nearly seven years ago. He stated that at that time the cost to bring the building into compliance with EDA standards was significant. Mr. Stock stated that he remembered that the cost just to bring up to code two bathrooms was in the neighborhood of$30,000.00. Mr. VanHorn noted that depending on the use and occupancy of the structure, all EDA standards may not have to be met when and if the buildings are rehabilitated. Mr. VanHorn went on to state that the original position of the CDC has not changed. The position adopted by the CDC requested City Council to proceed with acquisition and demolition of the buildings. Demolition would commence after an evaluation of the feasibility of rehabilitation has been completed. Mr. Morke questioned whether or not the boundaries of a redevelopment could be expanded to include the properties which are currently occupied by the railroad depot and St. Francis Hospital. Mr. Stock stated that he believed the boundaries of the redevelopment district could be expanded. He noted however that there Official Proceedings of the August 16, 1995 Shakopee Community Development Commission Page 2 was a condition that specifies that a certain percentage of the property must be blighted before it could qualify for placement in a redevelopment district. IV. Economic Development Incentives - Discussion ensued on economic development incentives and other possible economic development programs. Ms. Bennett stated that there are generally four primary aspects of economic development including business retention, attraction, creation and expansion. She requested that the CDC provide direction in terms of prioritization of these aspects. Mr. Bilotta went on to state that with the limited amount of staff available the CDC should target where our efforts should be placed. He went on to state that there are a wide variety of programs that could be developed to address each of the economic development aspects. Mr. Reinke questioned how much emphasis is currently placed on contacting local businesses to discover their needs. Mr. Stock stated that with the limited staff reserves that very little direct contact with businesses takes place. Mr. Stock went on to state that when the Scott County Economic Development Coalition was created that this was one of their objectives. Within the last two weeks he noted that a needs assessment was sent to all of the manufacturers in Scott County. The purpose of the survey was to determine what problem areas local businesses are currently encountering. Within the next four months, a detailed telephone survey of the manufacturing firms in Scott County will be conducted to more clearly identify their business concerns. A labor survey of residents in Shakopee will also be conducted to determine more accurate employment status and wage considerations. This information will be used by the Coalition to develop programs which will assist in attracting new businesses and in retaining existing businesses. Mr. Morke asked for a copy of the most recent needs assessment results. Mr. Stock stated that this information can be included with the next agenda packet. He did note however that the major concerns expressed by the survey respondents at this time related to local property taxes, workers compensation rates and the availability of space. Mr. Albinson stated that he felt business retention should be a number one priority followed by business expansion. He went on to state that he did not feel it would be financially feasible for the City to assist with business start ups. He also noted that business start ups tend to carry more risk. Mr. Morke stated that he felt the City had to be careful not to alienate existing businesses by offering incentives to retain only certain businesses. Mr. Miller stated that retention would be difficult because once you offer incentives to one company the flood gates would be open. Ms. Amundson stated that she felt attraction and expansion should be pursued. By offering incentives for expansion, local businesses would have the opportunity to receive assistance providing they expand. This would be an incentive for them to grow in our community. It was the consensus of the Commission that attraction of medium-to-large industrial firms and expansion of existing businesses should receive the greatest consideration in terms of developing economic development incentive programs. Official Proceedings of the August 16, 1995 Shakopee Community Development Commission Page 3 V. TIF Development Criteria - Because the CDC provided sufficient direction to staff regarding economic development incentives, no further direction was required at this time for modifications to the current Industrial TIF Development Criteria. Staff was directed by the CDC to proceed in drafting Industrial TIF Development Criteria based on the CDC's stated priorities of medium-to-large industrial business attraction and expansion. VI. Subcommittee Reports -No subcommittee reports were delivered. VII. Other Business - Vanpool Activity Reports for July were passed out for CDC review. VIII. Adjournment- The meeting was adjourned at 7:40 pm. BUSINESS UPDATE FROM CITY HALL . #3 Volume 9 No. 9 Dear Chamber Member: September 1, 1995 City Clerk Engineering/Public Works Filings for expiring terms on the Shakopee City At their August 15, 1995 meeting City Council Council will be open from August 29th until accepted the low bid from Richard Knutson Inc., September 12th. Affidavits of candidacy may be Savage,MN for the construction of Fuller St. from filed with the City Clerk at City Hall, 129 Holmes 10th Avenue South to future Vierling Drive. Award Street South between 8:00 a.m. and 4:30 p.m. for of the contract is contingent upon State Aid the offices of: Approval. Construction is anticipated to begin around September 1st. 1 Mayor-two year term 2 Councilpersons -four year term At the same meeting City Council also authorized 1 Councilperson-two year term to fill a vacancy the advertisement for bids for Vierling Drive from County Road 79 to County Road 77. The City's Anyone who is a U.S. citizen,who will be 21 years annual Pavement Preservation Project is underway of age or more on assuming office and who will be with various streets being seal coated and crack a resident of Shakopee for 30 days by election day sealed. Construction has begun on the County Road is eligible to run for a position on the City Council. 16 sanitary sewer extension project. Projects progressing are Sarazin&Roundhouse Streets Community Development between C.R. 16 and 4th Ave. and P &V Subdivision. The Downtown Alley Project,which Conworth Inc. has been selected as the contractor to includes the undergrounding of electrical lines is assist the Shakopee Economic Development also progressing,with the contractor anticipating Authority in acquiring the property located in starting on service work in the next week. Private Blocks 3 &4 in Downtown Shakopee. On August subdivision work is just beginning in Meadows 15, 1995 the Shakopee EDA directed staff to obtain West 2nd Addition and Orchard Park located South and review appraisals of the appraisals that have of the High School and Chateau Ridge located East already been completed on the property. This is a of C.R. 17 and South of Hillside Drive. requirement of the Federal Uniform Acquisition and Relocation Act. The review appraisals are expected Park & Recreation to be complete in early September. Once the review appraisals are complete representatives from The 1995 outdoor swimming pool season has just Conworth Inc. will be contacting the property ended. Due to excellent weather conditions, 1995 owners and tenants to initiate acquisition and will go on record as the busiest season in the past relocation. Over the course of the next three five years. Excellent attendance figures and several months,the EDA will be reviewing a host of operating changes will also make 1995 one of the redevelopment options with respect to the property most successful operating seasons in recent history. located within Blocks 3 & 4. However, it is important to note that the pool is supported through local property taxes in the amount of approximately $70,000 each year. Construction on the Shakopee Civic Center Project City of Shakopee Consider a Zoning Approved has picked up dramatically over the last month. Ordinance text and City staff and the construction manager are mapping amendment to remove the Mandatory currently in the process of soliciting cost quotations PUD Overlay District for a wide variety of furnishings and fixtures. The from the Official Zoning Map ice arena portion of the Civic Center is scheduled Valley Green Vacation of drainage Rec.Approval for completion in early December. The remainder Business Park and utility easement between Lots 2 and 3, of the facility is scheduled to open in early January. Blk 1,Valley Park Sixth Addn In a related matter, staff is currently finalizing Other Business: staffing plans for the new facility including full time TIF Rec.Approval and seasonal position classification identification. Staff is also working on expanded recreation We would like to welcome Clare Link as Recording Secretary program offerings in the area of aerobics, for the BOAA and the Planning Commission. gymnastics and after school intramural programs. Ice time reservations for the arena are being taken at this time. Six different community hockey Police associations have expressed an interest in leasing time. Staff is confident that all prime time ice Shakopee residents who are concerned about the hours will be booked within the next month. storage of junk vehicles, unsightly refuse, or other city ordinance violations can now call Amy Planning Wickland,the new Code Enforcement Officer. Wickland's office is located in the Shakopee Police BOAA Meeting 08-03-95 Department. She works Monday through Friday, Fischer Aggregates Amendment to CUP Con't to 9/7 and Wednesday and Thursday evenings. Valley Green CUP for 2 bldgs Approved Business Park on 1 lot Rick Jeurissen CUP for 2 bldgs on 1 lot Approved City Council has authorized the hiring of James Joseph Johnson 2 1/2' var.to 20' side yd Denied Englin as our new patrol officer. Jim was officially setback requirement sworn in on August 1st and has completed one week Steve Larson Var.to the max density Con't to 9/7 of orientation and mandatory training. Jim will requirement within Rural receive 12 weeks of training from Field Training Res.zone Officers. Once he successfully completes his PC Meeting 08-03-95 training he will respond to calls and patrol on his Market Place 2nd Preliminary Plat Tabled to 9/7 own. Meadows North Preliminary Plat Public Hearing closed;tabled Shakopee Police are participating in a Southwest Horizon Heights 5th Final Plat Tabled to 9/7 Prairie Bend PUD Amendment#2 Closed Public Metro Traffic Saturation Project, coordinated by Hearing;tabled MN State Patrol, and involving agencies from Scott to 9/7 and Carver Counties. The project will run four City of Shakopee Text amendment Closed Public weeks,with the primary focus on speed violations to revise the Hearing; No setback requirements action on major roadways. for vehicle sales lots City of Shakopee Text Amendment to Con't to 9/7 revise the Design Standards within the Residential Zones September 1995 Upcoming Meetings SUN MON TUE WED THU FRI SAT 1 3 4 5 6 7 8 9 City Hall Closed 4:30pm SPUC 7:30pm Planning 7:00pm City Commission Council 1O 11 12 13 14 15 16 17 18 19 20 21 22 23 7:00pm City 5:30pm Council Community Development Commission 24 25 26 ? 28 2g 30 7:00pm Park and Recreation August October 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 31 29 30 31 08/22/1995 3490 Lexington Avenue North League of Minnesota Cities St. Paul, MN 55126-8044 August 14, 1995 TO: Mayors, Managers, Administrators, Clerks Councilmembers do City Clerk FROM: James F. Miller, Executive Director ALL S B : League of Minnesota Cities 1995 Regional Meetings Again this year the League of Minnesota Cities will hold twelve regional meetings to bring city officials together from throughout Minnesota. At these meetings current policy issues will be considered, as well as practical questions concerning the problems you face. We cordially invite you to attend a regional meeting and to join in our discussions. This year, the League's regional meetings are scheduled in Ely, Aitkin, Anoka, Greenbush, McIntosh, Henning, Stewartville, Owatonna, Winthrop, Fairmont, Willmar, and, Pipestone. You may receive an invitation from more than one host city, depending upon your location. Please feel free to choose the one which best fits your schedule. The afternoon program will begin at 2:00 p.m. and cover important topics such as liability issues involving contracts, tobacco and smoke free communities for children, legislative issues and LMC's information system. The social hour is scheduled to begin at 5:00 p.m., followed by dinner at 6:00 p.m. The evening program will include a presentation the League's Strategic Plan, and a video presentation dealing with difficult personnel situations. A round table discussion and a question and answer period on personnel issues will follow. I hope you will be able to join us at one of our regional meetings. If you plan to attend, please RSVP the city contact person identified on the attached regional meeting schedule to make your reservations. Come for the afternoon, the evening, or both. I look forward to meeting you there. • Of 6' 1995 9 tAN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLO AuA `� (612)490-5600 1-800-925-1122 TDD(612)490-9038 t t Fax(612)490-0072 1111 LI I 3490 Lexington Avenue North League of Minnesota Cities St. Paul, MN 55126-8044 1995 REGIONAL MEETING PROGRAM AFTERNOON PROGRAM 2:00-2:30 p.m. LMC Information Systems Update/Telecommunications Barb Gallo, LMC's Director of Technology Services 2:30-3:00 p.m. Liability Issues Involving Contracts LMCIT Staff 3:00-3:15 p.m. Break 3:15- 3:35 p.m. Legislative Issues at the Upcoming Session IGR Staff 3:35-4:00 p.m. Tobacco and Smoke Free Communities for Children Minnesota Department of Health Staff 4:00-5:00 p.m. Discussion by cities attending of City Achievements Moderator: Tom Thelen, LMC Field Representative 5:00-6:00 p.m. Social Hour 6:00-7:00 p.m. Dinner EVENING PROGRAM 7:00-7:15 p.m. Introduction by Jim Miller, LMC Executive Director Welcome by Host City Mayor 7:15-7:30 p.m. Presentation of LMC's Strategic Plan (LMC 2000: Service and Leadership) Karen Anderson, Mayor, Minnetonka President, League of Minnesota Cities 7:30-7:45 p.m. A video dealing with difficult personnel situations 7:45-8:30 p.m. Roundtable discussions of difficult personnel situations 8:30-9:00 p.m. Response to roundtable discussions questions 9:00 p.m. Adjourn AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER (612)490-5600 1-800-925-1122 TDD(612)490-9038 Fax(612)490-0072 Amok _ 111 3490 Lexington Avenue North League of Minnesota Cities St. Paul, MN 55126-8044 1995 REGIONAL MEETING SCHEDULE DATE Sclfl LOCATION/CONTACT PERSON September 26 ELY Kennedy Cafeteria Facilities 600 E Harvey Street Ely, MN 55731 Patricia Wellvang 218/365-3224 September 27 AITKIN American Legion Club 20 First Avenue NW Aitkin, MN 56431 Ross Wagner 218/927-2527 September 28 ANOKA Greenhaven Country Club 2800 Greenhaven Drive Anoka, MN 55303 Mark Nagel 612/421-6630 October 3 GREENBUSH Greenbush Community Center 244 Main Street North Box 98 Greenbush, MN 56726 WyAnn Janousek 218/782-2570 October 4 MC iNTOSH Centennial Community Center 115 Broadway NW McIntosh, MN 56556 Ann Lohse 218/563-3043 October 5 HENNING Henning Public School/Community Room Henning Community Center/Evening 607 2nd Street Henning, MN 56551 Wilma Morse/Sarah Ebeling 218/583-2402 (OVER) AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER (6121490.5600 1-800-925-1122 TDD(612)490-9038 Fax(612)490-0072 PAGE 2 1995 REGIONAL MEETING SCHEDULE DATE CITY LOCATION/CONTACT PERSON October 17 STEWARTVILLE Stewartville Civic Center Intersections of Highway 63 & Highway 30 Stewartville, MN 55976 Cheryl Roeder 507/533-4745 October 18 OWATONNA Ramada Inn 1212 North Interstate 35 Owatonna, MN 55060 Jim Moeckly 507/451-4540 October 19 WINTHROP Community Center 305 North Main Street Winthrop, MN 55396 Samuel Shult 507/647-5306 October 24 FAIRMONT Holiday Inn-Fairmont Junction 1-90 & Highway 15 Fairmont, MN 56031 David Schornack 507/238-9461 October 25 WILLMAR Holiday Inn 2104 E Highway 12 Willmar, MN 56201 Kevin Halliday 612/235-4913 October 26 PIPESTONE Pipestone Country Club 1003 8th Avenue SE Pipestone, MN 56164 Joan Lange 507/825-3324 PAGE 2 1995 REGIONAL MEETING SCHEDULE DATE CITY LOCATION/CONTACT PERSON October 17 STEWARTVILLE Stewartville Civic Center Intersections of Highway 63 & Highway 30 Stewartville, MN 55976 Cheryl Roeder 507/533-4745 October 18 OWATONNA Ramada Inn 1212 North Interstate 35 Owatonna, MN 55060 Jim Moeckly 507/451-4540 October 19 WINTHROP Community Center 305 North Main Street Winthrop, MN 55396 Samuel Shult 507/647-5306 October 24 FAIRMONT Holiday Inn-Fairmont Junction 1-90 & Highway 15 Fairmont, MN 56031 David Schomack 507/238-9461 October 25 WILLMAR Holiday Inn 2104 E Highway 12 Willmar, MN 56201 Kevin Halliday 612/235-4913 October 26 PIPESTONE Pipestone Country Club 1003 8th Avenue SE Pipestone, MN 56164 Joan Lange 507/825-3324 CITY OF ANOKACITY HALL • 2015 FIRST AVE. NO. • ANOKA, MINNESOTA 55303-2270 PHONE (612) 421-6630 • FAX (612)421-9194 • TTY(612) 422-0442 Office of the Mayor August 30, 1995 Dear City Official: I wish to extend a cordial invitation to attend the League of Minnesota Cities regional meeting hosted by the City of Anoka on Thursday, September 28, 1995, at Greenhaven Country Club (map enclosed). The afternoon program will begin at 2:00 p.m. and cover a variety of subjects. These discussions will include subjects of an important nature, both locally and statewide. The Regional Meeting program is enclosed. There will be adequate time in the afternoon program for open discussion of local issues -- bring your questions or concerns to the meeting for discussion. The afternoon program will conclude by 5:00 p.m., followed by a social hour. Dinner will be served at 6:00 p.m. Following a welcome to our city, LMC President Karen Anderson will address the audience regarding the organization's focus for the coming year. After the president's message, the League will present its new video on dealing with difficult personnel situations, followed by a discussion on personnel issues. To make reservations for your city, please return the enclosed registration form as soon as possible. In case of cancellations, please notify Deb Young or Jessica Morgan at Anoka City Hall at 421-6630 by Monday, September 25th. Unless registrations are canceled, it will be necessary to bill your city for those who did not attend and did not cancel. If anyone from your city needs special accommodations or has special dietary needs, please advise us so special arrangements can be made. I look forward to seeing you on Thursday, September 28th! On behalf of the Anoka City Council, CITY OF SHAKOPEE AUG 3 1 1995 Utir ECEIVE Peter M. Beberg Host Mayor Enclosures (dyvmc-invitation) — AN EQUAL OPPORTUNITY EMPLOYER— CS egLic MI 13 0 CU Q o 0twesz'�'MH = O = O Q 3 = a) s Y � 'II aj as QO pigs uosusH a) • Z ° 0 ofz v ai 0 w Q ' . oc __ co03 t6t H + T— 0 (0 > > 'p�18 a i NW ��Punoa ' 3 >+.c >, c c Osco im.ccccoo00cu 69tAmH _ _0) 0L _33 N = Ur1 2 = LocCD 0 o 0. }moi 16 iGmH E a) E a)-le O = -c Ein LL F— 1.72 I- cri N U. I— +CU O �j '�U Oka ir, c ( "'lepaa�Jo ' '\ N V•44 El ij m a I a it O a L► o ` h•• ,p 4f 4,1 . „., ,.. g -,::-,-Pi*,,,,.- war iimH cs) IL.,,...j:! ..„. tr61 , cu> V 1I ,'pii, 691/JAN -. i 691 km iv pitild _. 1--=*kij City of Anoka, Thursday, September 28, 1995 We will have city officials attending the regional meeting in Anoka and we agree to pay for these meals unless the City of Anoka is notified of any changes by Monday, September 25, 1995. NAMES/TITLES OF PERSONS ATTENDING: (Please furnish names of people attending so that name tags can be prepared) PERSON MAKING RESERVATION(S): CITY: PHONE: ( ) * Number of attendees x $10.00 registration fee Number of attendees x $15.00 dinner TOTAL PAYMENT ENCLOSED $ Please make checks payable to CITY OF ANOKA and return with registration form to: Deb Young CITY OF ANOKA 2015 First Avenue Anoka, MN 55303 * $10.00 registration fee applies only to the first ten registrants. There is no charge for more than ten registrations from one city. WANT TO GOLF NINE HOLES BEFORE THE DAY BEGINS? ... Call Jon Bendix,427-3180,at the Greenhaven Golf Course if you are interested. Let him,or anyone on his staff, know you're with the LMC group so they can set you up with other LMC players. �` a — 3490 Lexington Avenue North League of Minnesota Cities St. Paul, MN 55126-8044 1995 REGIONAL MEETING PROGRAM AFTERNOON PROGRAM 2:00-2:30 p.m. LMC Information Systems Update/Telecommunications Barb Gallo, LMC's Director of Technology Services 2:30-3:00 p.m. Liability Issues Involving Contracts LMCIT Staff 3:00-3:15 p.m. Break 3:15- 3:35 p.m. Legislative Issues at the Upcoming Session IGR Staff 3:35-4:00 p.m. Tobacco and Smoke Free Communities for Children Minnesota Department of Health Staff 4:00-5:00 p.m. Discussion by cities attending of City Achievements Moderator: Tom Thelen, LMC Field Representative 5:00-6:00 p.m. Social Hour 6:00-7:00 p.m. Dinner EVENING PROGRAM 7:00-7:15 p.m. Introduction by Jim Miller, LMC Executive Director Welcome by Host City Mayor 7:15-7:30 p.m. Presentation of LMC's Strategic Plan (LMC 2000: Service and Leadership) Karen Anderson, Mayor, Minnetonka President, League of Minnesota Cities 7:30-7:45 p.m. A video dealing with difficult personnel situations 7:45-8:30 p.m. Roundtable discussions of difficult personnel situations 8:30-9:00 p.m. Response to roundtable discussions questions 9:00 p.m. Adjourn AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER (612)490-5600 1-800-925-1122 TDD(612)490-9038 Fax(612 490-0072 3490 Lexington Avenue North League of Minnesota Cities St. Paul, MN 55126-8044 1995 REGIONAL MEETING SCHEDULE DATE CITY LOCATION/CONTACT PERSON September 26 ELY Kennedy Cafeteria Facilities 600 E Harvey Street Ely, MN 55731 Patricia Wellvang 218/365-3224 September 27 AITKIN American Legion Club 20 First Avenue NW Aitkin, MN 56431 Ross Wagner 218/927-2527 September 28 ANOKA Greenhaven Country Club 2800 Greenhaven Drive Anoka, MN 55303 Mark Nagel 612/421-6630 October 3 GREENBUSH Greenbush Community Center 244 Main Street North Box 98 Greenbush, MN 56726 WyAnn Janousek 218/782-2570 October 4 MC INTOSH Centennial Community Center 115 Broadway NW McIntosh, MN 56556 Ann Lohse 218/563-3043 October 5 HENNING Henning Public SchooVCommunity Room Henning Community Center/Evening 607 2nd Street Henning, MN 56551 Wilma Morse/Sarah Ebeling 218/583-2402 (OVER) AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER 12)490-5600 1-800-925-1122 TDD(612)490-9038 Fax(612)490-0072 PAGE 2 1995 REGIONAL MEETING SCHEDULE DATE CITY LOCATION/CONTACT PERSON October 17 STEWARTVILLE Stewartville Civic Center Intersections of Highway 63 & Highway 30 Stewartville, MN 55976 Cheryl Roeder 507/533-4745 October 18 OWATONNA Ramada Inn 1212 North Interstate 35 Owatonna, MN 55060 Jim Moeckly 507/451-4540 October 19 WINTHROP Community Center 305 North Main Street Winthrop, MN 55396 Samuel Shult 507/647-5306 October 24 FAIRMONT Holiday Inn-Fairmont Junction 1-90 & Highway 15 Fairmont, MN 56031 David Schornack 507/238-9461 October 25 WILLMAR Holiday Inn 2104 E Highway 12 Willmar, MN 56201 Kevin Halliday 612/235-4913 October 26 PIPESTONE Pipestone Country Club 1003 8th Avenue SE Pipestone, MN 56164 Joan Lange 507/825-3324 TENTATIVE AGENDA PLANNING COMMISSION Regular Session Shakopee,MN September 7, 1995. Chairperson Terry Joos Presiding 1. Roii Call at 7:3O P,M 2. Approval PP of Agenda 3. Recognition by Planning,Commission of kilerested Citizens. 4, Approvaloff Consent Agenda,.(All items listed with an asterisk,(*a are consiylered:to be {tea by,the Planing Commission and wilt.be enacted by one motion. There y411 be no separate discussion of these items unless a Commissioner so requests in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda). *5. Approval of the August3,,1995,Meeting Minutes *6. Preliminary Plat•, To consider the preliminary pintof Ma et Place 2n4 At tion, located west of Market Street and North of Fifth Avenue(Public hearing closed at the May 4, 1995, meeting. Continued from July 6, 1995,meeting. Tabled at August 31995,meeting.) Applicant: Klingelhutz Development Company *7. Final Plat: To consider the final plat of Horizon Heights 5th Addition,located south of Riverview Estates, east of Horizon Heights 1st Addition,north and west of Shakopee City limits. (Tabled at August 3, 1995, meeting.) Applicant Steve Muhlenhardt S. 7:45 P.M, frealintt; To consider an amendment to the Prairie Bend Planned Unit Development(PUD)and Preliminary Plat of Canterbury Pointe PUD for one level,owner occupied condominiums for seniors 55 and older,to be called Canterbury Pointe. The portion of PUD being amended is located south of 4th Avenue and west ofSat'~azin'Sti t(attended). (Publrt'heating clbsed'art Adgust`3, 1995,meeting. Tabled at August 3, 1995;..meeting.) Applicant: Cottage,Homesteads of America,Inc. *9. Vacation-To consider the vacation of the drainage and utility easement between Lots 2 and 3,Block 1, Cretex Industrial Park 1st Addition. Applicant: The Cretex Companies, Inc. 10. 8:00 P.M. Public Hearing: To consider an application to amend the 1980 Comprehensive Plan and the draft 1995 Comprehensive Plan to designate the north one-half of Block 169, Shakopee Plat as Single Family Residential. Applicant: Patricia Gober 11. 8:05 P.M. Public Hearing: To consider an application for a variance to Section 12.07, Subd. 1.B(2.c)to design Hauer's Court to allow an 8%grade rather than a 7%grade as allowed by the Subdivision Regulations. The site is located in the proposed Hauer's 5th Addition,south of CR 16, and west of Hauers Trail. Applicant: Gene&Virginia Hauer and Jane Hauer 12. 7:50 P.M. Public Hearing: Continued from August 3, 1995. To consider an amendment to Chapter 11,The Zoning Chapter, for a Text Amendment to revise the Design Standards within the Residential Zones. Applicant: City of Shakopee 13. 7:55 P.M. Public Hearing: To consider an amendment to Chapter 11,The Zoning Chapter,for a Text Amendment to add sections that would allow outdoor storage as a Conditional Use in Industry Zones. Applicant: City of Shakopee 14. Other Business a. b. 15. Adjourn Paul Bi otta Acting Planning Director/Econonuc Development Coordinator Note to Planning Commission Members: 1. If you have any questions or need additional information on any of the above items,please call Terrie or Shelly on the Monday or Tuesday prior to the Meeting. 2. If you are unable to attend the meeting,please call the Planning Department prior to the meeting. (i:\planning\pc boaa11995\pc090Tagenda.pc) TENTATIVE AGENDA BOARD OF ADJUSTMENTS AND APPEALS Regular Session Shakopee, MN September 7, 1995 Chairperson William Mars Presiding 1. Roll Call at 7:30 P.M. 2. Approval of Agenda 3. Approval of August 3. 1995, Meeting Minutes 4. Recognition by Board of Adjustments and Appeals of Interested Citizens. 5. 7:30 P.M. Public Hearing_Continued from August 3, 1995, meeting. To consider amendments to a Conditional Use Permit for Fischer Aggregates. Applicant: Fischer Aggregates Action: Resolution No. 713 6. 7:35 P.M. Public Hearing:Continued from August 3, 1995. To consider an application for a variance to the maximum density requirement within the Rural Residential zone(RR)of one dwelling per ten(10) acres, located at 9076 Boiling Springs Lane. Applicant: Steve and Roxane Larson Action: Resolution No. 725 7. 7:40 P.M. Public Hearing:To consider an application for a conditional use permit to relocate a 22' x 24' detached garage onto a site zoned"Old Shakopee Residential". Applicant: Kevin Hennes Action: Resolution No. 729 8. Other Business 9. Adjourn Paul Bilotta Acting Planning Director/Economic Development Coordinator Note to the B.O.A.A.Member: I. If you have any yurvtions or treed additional information on any of the above items,please cull Terrie or Shelly on the Monday or Tuesday prior to the Meeting. 2. If you are unable to attend the meeting,please call the Planning Department prior to the meeting. (is\planning\pc_boaa\1995\pcO19O agenda.boa) I SHAKOPEE August 28, 1995 Mr. Stanley Crooks Tribal Chairman Shakopee Mdewakanton Sioux Community 2330 Sioux Trail N.W. Prior Lake, MN 55372 Dear Chairman Crooks : On behalf of the City of Shakopee, I am writing to express the City' s grave concerns with the proposed placement of 590 acres into trust . The City' s concerns are based upon the potential for conflicting development; loss of environmental protection; loss of •Qoning, land use, and other regulatory control; and the economic consequences upon the City. The proposed placement of 590 acres into trust would remove a large and important parcel out of the City' s eastern arm. Perhaps even more disturbing is the potential for unlimited future placements of land into trust . The procedure for approval of acquisitions within the Bureau of Indian Affairs has left the City with no choice but to oppose the application. However, the City does support the Community' s continued economic and cultural growth. We simply do not want that growth to be at the expense of Shakopee, its citizens, and its economic health. In order to balance the concerns of both the Community and the City, I am inviting you to meet and negotiate with the City on this issue we share . I believe it is possible for us td reach a balanced result that meets your concerns and needs, and also protects the interests of the City. We invite you to work with us to develop alternatives which will achieve this result . Thank you for considering the concerns expressed in this letter. I look forward to hearing from you. Sincerely, Gary L. L e t, Mayor GLL:bjm [2 9INDLTR] COMMUNITY PRIDE SINCE 1857 1?0Ilulnu c''I!( l tiinilh Shnkn1,ia, -,"1"7() 1F 612-i•1;-?6;11 I A\ LI2 11.(?I) 1\ 8 MEMO TO: Dennis R. Kraft, City Administrator FROM: Bruce Loney, Public Works Director /, SUBJECT: Prior Lake - Spring Lake Watershed District Proposed Boundary Change with the Shakopee Basin WMO DATE: August 30, 1995 CITY COUNCIL MEETING DATE: September 5, 1995 NON - AGENDA INFORMATIONAL ITEM: Attached to this memo is a letter from the president of the Prior Lake - Spring Lake Watershed District in regard to the Prior Lake - Spring Lake Watershed District changing the boundaries of the Shakopee Basin Water Management Organization (WMO) on the east side of Shakopee into the Prior Lake - Spring Lake Watershed District. To accommodate this boundary change, procedures must be followed per Minnesota Statutes 103B and 103D and a resolution must be passed by the Shakopee Basin WMO in which the City of Shakopee is a member. Since I am the Shakopee Basin WMO chairman, I plan to bring this item up for discussion at the September 14, 1995 WMO meeting and then bring this item for Council discussion after that meeting. The main effects of changing the boundary of land in Shakopee into Prior Lake - Spring Lake Watershed District boundaries is that the watershed district does have permitting powers and requires permits for new development as well as any activity that may effect surface water management and they also do levy a tax which goes on the property tax statement as a special tax. If you have any questions in regard to this memo or the letter attached, please feel free to contact me in my office. BL/pmp BOUNDARY ioi PRIOR LAKE - SPRING LAKE WATERSHED DISTRICT Barbara Kane Johnson Administrator (612) 447-4166 Fax 447-4167, July 26, 1995 Mr. Dennis Kraft, City Administrator City of Shakopee 129 Holmes Street South Shakopee, MN 55379 SUBJECT: Shakopee Basin WMO- Boundary Correction Dear Mr. Kraft: As we previously discussed, the Prior Lake Spring Lake Watershed District (PLSLWD) is interested in discussing a boundary correction between Shakopee Basin WMO and the PLSLWD. The potential correction area is shown in green on the attached graphic. This area presently drains into the PLSLWD and towards the Prior Lake Outlet Channel but is outside the District's legal boundary. Of the 6.4 square miles that drains to the PLSLWD approximately 4.5 square miles are within the City of Shakopee and the remaining 1.9 square miles are within the City of Prior Lake. The District is interested in correcting this boundary since its drainage must be accommodated by the District and ultimately by the outlet channel. By including this area within our legal boundaries we are able to better address natural resource issues within the District. According to Minnesota Statutes 103 B and 103 D, the District must submit an application to the Minnesota Board of Water and Soil Resources to change a watershed boundary. The application must be accompanied by a concurring statement from the member communities and watershed management organizations. Since Shakopee is the largest of the various affected jurisdictions, we have begun this endeavor with your city. The District would like to begin proceedings on this issue within the next few months, so your prompt attention to this issue would be greatly appreciated. If you have any questions you can contact me at 447-8134 or call Barbara Johnson, District Administrator at 447-4166. We appreciate your assistance on this matter. Sincerely, Prior Lake Spring Lake Watershed District t t avid Moran,President cc: Board of Managers Barbara Johnson, PLSLWD Larry Anderson, City of Prior Lake Daniel M. Parks :ras 2411.0230 ot16670 FRANKLIN TRAIL S.E. • SUITE 110 • PRIOR LAKE, MN 55372oW -CONSe O Y 97°30' 494 I HENNE P I N C O: 5 LKIE blp1°'��' •i;`%:;: ;:::::;.. J REGIONALAMES W. )PARK R V E R C O. 101 °Jd 1.N•03 W I xr P >:;::?:;:; 25, 10 Ch�}�°{ , � "•'��>^>:' EDEN PRAIRIE w I fiH l� R 12 W 'r'o:i::;: o ,x �"311► - L CHAI.7HA93EN :• p����.. ♦ • 1.... `'...:> ;t �t gir R 23 W xy!-!7I"•"M1"" �" ... t`,q�l4 r ati - .....-....„__K..,. .:. loo•-• .:® - �. � ._ _ _ `� d, e ® ,z 11/- I f • :;�'. .'•--'^..• -�•w- ....: F ,- 3x,(0.1.M37011K•l OISTMr 1`` `'`'.,/- ' ii. imt �_, I myroeK sere L, ^� ��/•_-_ 3 F.M. • •__ - � �__ \l F.A.U. 3 5 DI ®;, • 1• Strunk 'ice` amill s7.r!RroyMnroyr �; I 1 .,I �i.1 .6p ,11 Lake,�� Ob•WOMM F•p,.U.-1I \ v ChfcI • R 21 W ..iY � �.. 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I _._ ___ _ • . ..•- •I ° / I Lake • _. !1 7 '.� • • 1 I • 1� '^ / y�Pcof MINA/FS 1'11111114ol,9 C3-k(V C-Q ► Minnesota Department of Natural Resources 500 Lafayette Road St.Paul.Minnesota 55155-40_ NANAp� August 15, 1995 Dear Public Water Access Administrator, A recent survey of boaters has shown that signs are an important way to communicate with and inform boaters about stopping the spread of exotic species. With that in mind, the DNR has developed a new sign to be placed at as many public water access sites in the state as possible. The message on the sign reads, "Please STOP and Remove ALL Aquatic Plants and Drain Water from Boat and Trailer". We plan to have DNR watercraft inspectors install the signs over the next couple of months at all accesses to waters with Eurasian watermilfoil, zebra mussels, and ruffe. These include accesses under your management. The signs will be placed between the ramp and the exit to the road, so that boaters will be reminded to remove plants and drain water from their boat before leaning the access. We hope signs will help reduce transportation of exotic species by boaters. If you have any questions or concerns about the new signs please call me at 612- 297-4891. Sincerely, • / Michelle Bratager Watercraft Inspection Coordinator DNR Information: 612-296-6157, 1-800-766-60(X) • TTY:612-296-5484. 1-800-657-3929 An Equal Opportunity Employer ++A Printed on Recycled Paper Containing a Who Value.Diversity `l/ Minimum ut l(Y-Pint-Consumer Waste do CITY OF SHAKOPEE ENGINEERING DEPARTMENT MONTHLY PROGRESS REPORT FOR AUGUST, 1995 Respectfully Submitted ' a Bruce A. Loney Public Works Director PROJECT START COMPLETE STATUS COMMENTS Category I- Projects Under Construction 1. Upper Valley Drainage 9/93 99% See Narrative Section 2. Pierce Street 6/94 50% See Narrative Section 3. Alley in Block 51 7/95 75% See Narrative Section 4. Vierling Drive, Adams St. 7/94 95% to Presidential Lane 5. Murphy's Landing Lift Stations 9/94 99% 6. Sarazin Street(Viking Steel Rd.) 4/95 80% See Narrative Section 7. Downtown Alley Reconstruction 5/95 40% See Narrative Section 8. P&V Reconstruction 7/95 50% 9. Fuller Street 8/95 1% 10. County Road 16 Utilities 8/95 1% Category II - Projects In Design 1. St. Francis Sewer and Water Extension 10/94 8/95 100% In-House Design 2. Vierling Drive-C.R. 79 to C.R. 77 5/95 8/95 100% In-House Design 3. River District Sewer Rehabilitation 8/95 9/95 90% In-House Design Category U/- Projects Under Study 1. C.S.A.H. 18 Connection 11/93 10% See Narrative Section 2. Maras Street 6/94 12/95 15% See Narrative Section 3. St. Francis Streets 6/95 11/95 15% See Narrative Section and Storm Sewer 4. St. Francis Storm Sewer Outfall 3/95 11/95 20% See Narrative Section Category IV- Development Projects In Review 1. Orrin Thompson Pre-Application 2. Hauer's 5th Addition Preliminary Plat 3. Market Place 2nd Addition Final Plat 4. Meadows North Preliminary Plat 5. Pinewood Estates P.U.D. Concept 6. Canterbury Pointe Preliminary Plat 1 PROJECT START COMPLETE STATUS COMMENTS Category V - Private Subdivision Construction 1. Maple Trails 6/93 9/94 100% Warranty Period 2. Dominion Hills 6/93 9/94 85% Wear Course Remaining 3. Stonebrooke 2nd Unknown Unknown 0% 4. South Parkview 2nd 6/94 5/95 99% 5. Homestead Ridge 1st 5/93 9/94 100% Warranty Period 6. Homestead Ridge 2nd 9/94 8/95 95% Wear Course Remaining 7. Minnesota Valley 8th 9/94 8/95 95% Wear Course Remaining 8. Meadows West 1st Addition 9/94 9/95 95% Wear Course Remaining 9. Prairie Bend 9/94 9/95 95% Restoration and Wear Course Remaining Category VI - Special Projects 1. CSAH 16 Scott County Plans 8/95 7/96 10% Construction Started 3. Mn/DOT Shakopee Bypass 8/95 6/97 10% Construction Started Segment 2 4. MCWS Sewer Interceptor 8/95 6/96 10% Construction Started 5. Local Transportation Plan RFP's 8/95 11/95 10% Work Scope Being Defined Please refer to the attached narrative section for a more detailed discussion on several of the projects. 2 NARRATIVE SECTION Category 1 - Projects Under Construction 1. Upper Valley Drainage Project-Phase II and Shakopee Bypass Drainage Facilities This project is essentially complete except for clean up and miscellaneous items. Work on Jasper Road(vacated) is nearly complete with restoration items remaining. Final cleanup restoration items of the channel is dependent upon the dryness of the soil in the channel. 2. Pierce Street Public Works crews have removed the existing pavement and are regrading the new alley. A City contractor has installed the new curb & gutter and patched the pavement on 4th Avenue. The alley paving has yet to be done. Staff has awarded the paving work with Block 51 paving and is scheduled to be completed soon. 3. Alley in Block 51 Grading and base work are complete with paving work and restoration work remaining. 6. Sarazin Street(Viking Steel Road) Roadway construction and final grading work for concrete curb and gutter and bituminous paving is underway with sidewalk and restoration to follow. 7. Downtown Alley Reconstruction The concrete duct bank can be installed for the underground electric work and nearly complete for most of the blocks. The service conduits are being installed to the buildings. 3 8. P&V Reconstruction Sanitary sewer and watermain utility is nearly complete with street and restoration work to begin soon. 9. Fuller Street Contract has been awarded to Richard Knutson, Inc. and construction is to start on August 30, 1995 with base course paving to be done by October 31, 1995, weather permitting. 10. County Road 16 Utilities Preconstruction meeting has been held and Barbarossa & Sons, Inc. has begun the blasting for sanitary sewer installation. CateRorp No. 2 - Projects in Design 1. St.Francis Sewer Extension Staff has the design completed. Right-of-way acquisition determination and easement preparation is being finalized. Plan approval is scheduled for September 5, 1995 Council meeting. 2. Vierling Drive Plans are complete and a bid opening is scheduled in September. Award of bid is tentatively scheduled for the September 19, 1995 Council meeting. 3. River District Trunk Sewer Plans have been prepared and Council approval will be requested at the September 5, 1995 Council meeting. 4 Cateeory No. 3 - Projects Under Study 1. County Road 18 Connection This feasibility report is on hold due to the recent court decision which has prevented the County from bidding this project. 2. Maras Street A feasibility report has been ordered on this project. There are still two remaining properties that have not dedicated the street. The feasibility report will also identify future street alignment alternatives in order to determine all additional right-of-way needs. Also, the storm water drainage into Savage needs to be reviewed and addressed. 4. St.Francis Streets and Storm Sewer The feasibility report will be prepared by OSM for Sarazin Street and 17th Avenue along with the storm sewer outfall from St. Francis site to Mn/DOT linear pond. A study for a Stormwater Trunk Charge will be proceeding in the next few weeks. 5 1111111111111111111.11.1.........--- ITiu CITY OF SHAKOPEE ENGINEERING DEPARTMENT MONTHLY PROGRESS REPORT FOR AUGUST, 1995 Respectfully Submitted , Jyrt Bruce A. Loney Public Works Director PR— s_-I.Aar CO P FTS ATUS COMM _Tc Category I- Projects Under Construction 1• Upper Valley Drainage 2. Pierce Street 9/93 3. Alley in Block 51 6/94 99% See Narrative Section 4. Vierling Drive, Adams St. 7/95 50%75% See Narrative Section to Presidential Lane 7/94 75°� See Narrative Section 5. Murphy's Landing Lift Stations 95% 6. Sarazin Street(Viking Steel Rd.) 4/95 9/94 7. Downtown Alley Reconstruction 99%8. P&V Reconstruction 5/95 80°0 See Narrative Section 9. Fuller Street 7/95 40% See Narrative Section 10. County Road 16 Utilities 8/95 50% 8/95 1% 1% Category II- Projects In Design 1• St. Francis Sewer and Water Extension 2. Vierling Drive-C.R. 79 to C.R. 77 10/94 8/95 3. River District Sewer Rehabilitation 5/95 100% In-House Design 8/95 100%8/95 9/95 In-House Design 90% In-House Design Category iii- Projects Under Study 1. C.S.A.H. 18 Connection 11/93 2. Maras Street 3. St. Francis Streets 6/94 10% See Narrative Section 12/95 15% See Narrative Section and Storm Sewer 6/95 11/95 4. St. Francis Storm Sewer Outfall 15% See Narrative Section 3/95 11/95 20% See Narrative Section Category IV- Development Projects In Review Orrin I. Thompson . Hauer's 5th Addition I. Market Place 2nd Addition Pre-Application Meadows Noah Preliminary Plat Pinewood Estates Final Plat Canterbury Pointe Preliminary Plat P.U.D. Concept Preliminary Plat • 1 PROJECT START COMPLETE STATUS COMMENTS Category V - Private Subdivision Construction 1. Maple Trails 6/93 9/94 100% Warranty Period 2. Dominion Hills 6/93 9/94 85% Wear Course Remaining 3. Stonebrooke 2nd Unknown Unknown 0% 4. South Parkview 2nd 6/94 5/95 99% 5. Homestead Ridge 1st 5/93 9/94 100% Warranty Period 6. Homestead Ridge 2nd 9/94 8/95 95% Wear Course Remaining 7. Minnesota Valley 8th 9/94 8/95 95% Wear Course Remaining 8. Meadows West 1st Addition 9/94 9/95 95% Wear Course Remaining 9. Prairie Bend 9/94 9/95 95% Restoration and Wear Course Remaining Category VI - Special Projects 1. CSAH 16 Scott County Plans 8/95 7/96 10% Construction Started 3. Mn/DOT Shakopee Bypass 8/95 6/97 10% Construction Started Segment 2 4. MCWS Sewer Interceptor 8/95 6/96 10% Construction Started 5. Local Transportation Plan RFP's 8/95 11/95 10% Work Scope Being Defined Please refer to the attached narrative section for a more detailed discussion on several of the projects. 2 NARRATIVE SECTION Category 1 - Projects Under Construction 1. Upper Valley Drainage Project-Phase II and Shakopee Bypass Drainage Facilities This project is essentially complete except for clean up and miscellaneous items. Work on Jasper Road(vacated) is nearly complete with restoration items remaining. Final cleanup restoration items of the channel is dependent upon the dryness of the soil in the channel. 2. Pierce Street Public Works crews have removed the existing pavement and are regrading the new alley. A City contractor has installed the new curb & gutter and patched the pavement on 4th Avenue. The alley paving has yet to be done. Staff has awarded the paving work with Block 51 paving and is scheduled to be completed soon. 3. Alley in Block 51 Grading and base work are complete with paving work and restoration work remaining. 6. Sarazin Street(Viking Steel Road) Roadway construction and final grading work for concrete curb and gutter and bituminous paving is underway with sidewalk and restoration to follow. 7. Downtown Alley Reconstruction The concrete duct bank can be installed for the underground electric work and nearly complete for most of the blocks. The service conduits are being installed to the buildings. 3 8. P&V Reconstruction Sanitary sewer and watermain utility is nearly complete with street and restoration work to begin soon. 9. Fuller Street Contract has been awarded to Richard Knutson, Inc. and construction is to start on August 30, 1995 with base course paving to be done by October 31, 1995, weather permitting. 10. County Road 16 Utilities Preconstruction meeting has been held and Barbarossa & Sons, Inc. has begun the blasting for sanitary sewer installation. Category No. 2 - Projects in Design 1. St.Francis Sewer Extension Staff has the design completed. Right-of-way acquisition determination and easement preparation is being finalized. Plan approval is scheduled for September 5, 1995 Council meeting. 2. Vierling Drive Plans are complete and a bid opening is scheduled in September. Award of bid is tentatively scheduled for the September 19, 1995 Council meeting. 3. River District Trunk Sewer Plans have been prepared and Council approval will be requested at the September 5, 1995 Council meeting. 4 Category No. 3 - Projects Under Study 1. County Road 18 Connection This feasibility report is on hold due to the recent court decision which has prevented the County from bidding this project. 2. Maras Street A feasibility report has been ordered on this project. There are still two remaining properties that have not dedicated the street. The feasibility report will also identify future street alignment alternatives in order to determine all additional right-of-way needs. Also, the storm water drainage into Savage needs to be reviewed and addressed. 4. St. Francis Streets and Storm Sewer The feasibility report will be prepared by OSM for Sarazin Street and 17th Avenue along with the storm sewer outfall from St. Francis site to Mn/DOT linear pond. A study for a Stormwater Trunk Charge will be proceeding in the next few weeks. 5 tt-10 CITY OF SHAKOPEE ENGINEERING DEPARTMENT MONTHLY PROGRESS REPORT FOR AUGUST, 1995 Respectfully Submitted le ' Bruce A. Loney Public Works Director PROJECT START COMPLETE STATUS COMMENTS Category I- Projects Under Construction 1. Upper Valley Drainage 9/93 99% See Narrative Section 2. Pierce Street 6/94 50% See Narrative Section 3. Alley in Block 51 7/95 75% See Narrative Section 4. Vierling Drive, Adams St. 7/94 95% to Presidential Lane 5. Murphy's Landing Lift Stations 9/94 99% 6. Sarazin Street (Viking Steel Rd.) 4/95 80% See Narrative Section 7. Downtown Alley Reconstruction 5/95 40% See Narrative Section 8. PEN Reconstruction 7/95 50% 9. Fuller Street 8/95 1% 10. County Road 16 Utilities 8/95 1% Category II- Projects In Design 1. St. Francis Sewer and Water Extension 10/94 8/95 100% In-House Design 2. Vierling Drive-C.R. 79 to C.R. 77 5/95 8/95 100% In-House Design 3. River District Sewer Rehabilitation 8/95 9/95 90% In-House Design Category III- Projects Under Study 1. C.S.A.H. 18 Connection 11/93 10% See Narrative Section 2. Maras Street 6/94 12/95 15% See Narrative Section 3. St. Francis Streets 6/95 11/95 15% See Narrative Section and Storm Sewer 4. St. Francis Storm Sewer Outfall 3/95 11/95 20% See Narrative Section Category IV- Development Projects In Review 1. Orrin Thompson Pre-Application 2. Hauer's 5th Addition Preliminary Plat 3. Market Place 2nd Addition Final Plat 4. Meadows North Preliminary Plat 5. Pinewood Estates P.U.D. Concept 6. Canterbury Pointe Preliminary Plat 1 PROJECT START COMPLETE STATUS COMMENTS Category V - Private Subdivision Construction 1. Maple Trails 6/93 9/94 100% Warranty Period 2. Dominion Hills 6/93 9/94 85% Wear Course Remaining 3. Stonebrooke 2nd Unknown Unknown 0% 4. South Parkview 2nd 6/94 5/95 99% 5. Homestead Ridge 1st 5/93 9/94 100% Warranty Period 6. Homestead Ridge 2nd 9/94 8/95 95% Wear Course Remaining 7. Minnesota Valley 8th 9/94 8/95 95% Wear Course Remaining 8. Meadows West 1st Addition 9/94 9/95 95% Wear Course Remaining 9. Prairie Bend 9/94 9/95 95% Restoration and Wear Course Remaining Category VI - Special Projects 1. CSAH 16 Scott County Plans 8/95 7/96 10% Construction Started 3. Mn/DOT Shakopee Bypass 8/95 6/97 10% Construction Started Segment 2 4. MCWS Sewer Interceptor 8/95 6/96 10% Construction Started 5. Local Transportation Plan RFP's 8/95 11/95 10% Work Scope Being Defined Please refer to the attached narrative section for a more detailed discussion on several of the projects. 2 NARRATIVE SECTION Category 1 - Projects Under Construction 1. Upper Valley Drainage Project-Phase II and Shakopee Bypass Drainage Facilities This project is essentially complete except for clean up and miscellaneous items. Work on Jasper Road(vacated) is nearly complete with restoration items remaining. Final cleanup restoration items of the channel is dependent upon the dryness of the soil in the channel. 2. Pierce Street Public Works crews have removed the existing pavement and are regrading the new alley. A City contractor has installed the new curb & gutter and patched the pavement on 4th Avenue. The alley paving has yet to be done. Staff has awarded the paving work with Block 51 paving and is scheduled to be completed soon. 3. Alley in Block 51 Grading and base work are complete with paving work and restoration work remaining. 6. Sarazin Street(Viking Steel Road) Roadway construction and final grading work for concrete curb and gutter and bituminous paving is underway with sidewalk and restoration to follow. 7. Downtown Alley Reconstruction The concrete duct bank can be installed for the underground electric work and nearly complete for most of the blocks. The service conduits are being installed to the buildings. 3 8. P&V Reconstruction Sanitary sewer and watermain utility is nearly complete with street and restoration work to begin soon. 9. Fuller Street Contract has been awarded to Richard Knutson, Inc. and construction is to start on August 30, 1995 with base course paving to be done by October 31, 1995, weather permitting. 10. County Road 16 Utilities Preconstruction meeting has been held and Barbarossa & Sons, Inc. has begun the blasting for sanitary sewer installation. Category No. 2 - Proiects in Design 1. St.Francis Sewer Extension Staff has the design completed. Right-of-way acquisition determination and easement preparation is being finalized. Plan approval is scheduled for September 5, 1995 Council meeting. 2. Vierling Drive Plans are complete and a bid opening is scheduled in September. Award of bid is tentatively scheduled for the September 19, 1995 Council meeting. 3. River District Trunk Sewer Plans have been prepared and Council approval will be requested at the September 5, 1995 Council meeting. 4 • Category No. 3 - Projects Under Study 1. County Road 18 Connection This feasibility report is on hold due to the recent court decision which has prevented the County from bidding this project. 2. Maras Street A feasibility report has been ordered on this project. There are still two remaining properties that have not dedicated the street. The feasibility report will also identify future street alignment alternatives in order to determine all additional right-of-way needs. Also, the storm water drainage into Savage needs to be reviewed and addressed. 4. St.Francis Streets and Storm Sewer The feasibility report will be prepared by OSM for Sarazin Street and 17th Avenue along with the storm sewer outfall from St. Francis site to Mn/DOT linear pond. A study for a Stormwater Trunk Charge will be proceeding in the next few weeks. 5 X11 MEMO TO: City Council Members Department Heads FROM: Bruce Loney, Public Works Director SUBJECT: Special Assessment Policy DATE: August 29, 1995 CITY COUNCIL MEETING DATE: September 5, 1995 On July 11, 1995, City Council revised Section X in the Special Assessment Policy by addition of Section J. Please insert the attached revised Page No. 16 in your copy of the City of Shakopee's Special Assessment Policy and remove the old Page No. 16. For new watermain, trunk watermain charges may also be added into the overall project costs and assessed based on a determination by Shakopee Public Utilities Commission. Individual services installed to specific properties will be fully assessed directly to the benefitted property. F. STREET BOULEVARD TREES All street boulevard trees installed as part of new street construction or in reconstructing existing streets shall be included as part of the overall project costs and included in the assessment calculations. G. STREET LIGHTS All costs for new street lights installed as part of constructing new streets or street lights relocated as part of reconstructing streets will be included in the overall project costs and included in the assessment calculations. H. OTHER IMPROVEMENTS Based on the City Council determination, all other improvements listed in Section HA, Part 7 may be fully assessed or assessed in part. CITY COST PARTICIPATION ON COUNTY ROAD PROJECTS UNDER A COOPERATIVE CONSTRUCTION AGREEMENT On County Road Projects for which the City is required to participate in the cost of, the following assessment rates will be applied to the abutting properties: Street Construction 0% Curb & Gutter 100% of City's Cost Sidewalk 0% Storm Sewers 0% Utility Relocations (sewer/water) 0% Driveway Entrances 100% of City's Cost Street Lighting 0% Bikeways/Trails 0% J. BOX CULVERT CROSSINGS OF THE UPPER VALLEY DRAINAGEWAY Box culvert crossings of the Upper Valley Drainageway due to development will be assessed to the developers at the local street equivalent. All costs necessary to size the culvert at collector street width rather than local street width shall not be assessed. 16 MEMO TO: Dennis R. Kraft, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: County Road 77 -Apgar Street/Fuller Street DATE: August 30, 1995 COUNCIL MEETING DATE: September 5, 1995 NON-AGENDA INFORMATIONAL ITEM: This memo is intended to update the City Council as to road connections and future road closure associated with County Road (C.R. 77) also known as Apgar Street and with the Fuller Street realignment will some day be known as Fuller Street. Attached to this memo is a letter from Brad Larson, County Engineer, in regard to the Apgar Street and Fuller Street intersection and the consideration for a connection at that intersection. C.R. 77 is being realigned to connect up with Fuller Street and a County Cooperative Agreement has been executed by the City and the County for this construction and for the eventual turnback of C.R. 77 to the City as a local street. The City and the County have worked together for the past several years to determine the appropriate alignment for a collector in this area with the City approving the Fuller Street alignment in 1991 and the realignment incorporated in the Scott County Transportation Plan in 1992. The realignment of C.R. 77 to Fuller Street was determined to be the best location for a north- south collector in this area and was determined after a series of negotiations to be a local street collector versus a County road collector. The realignment of Fuller Street will create a "Y" or a skewed intersection with the existing Apgar Street. Apgar Street also known as C.R. 77 will remain a County road until the City completes Fuller Street construction which is anticipated to be in June or July in 1996. Per Brad Larson, the City is not to connect C.R. 77 to Fuller Street on the north side of Fuller Street as this skewed intersection would not be desirable due to safety reasons. A realignment of Apgar Street with a pronounced curve to Fuller Street would be necessary to make the connection. This would involve acquiring right-of-way from the proposed Meadows North parcel. At this time the Meadows North plat is on hold until the vacation hearing deciding the outcome of Apgar Street north of Fuller Street can be held. This vacation hearing cannot be held until the roadway becomes a City road, which again is anticipated in July of 1996, when Fuller Street improvements are completed. Another development for C.R. 77 is that the County is considering closing the roadway to allow the Shakopee Bypass bridge construction to take place without the construction of a bypass road. The reasons for allowing this closure is that the traffic volume is very low and adjacent County roads such as C.R. 79 and C.R. 15 are within a 1/2 mile distance of C.R. 77. The roadway closure would last until the roadway connection from the bridge could be made by the Mn/DOT - Shakopee Bypass contractor and this would be completed in June or July of 1996. The County is considering this closure of C.R. 77 due to the substantial savings of cost to the Shakopee Bypass Project in relationship to the low volume which exists on C.R. 77 as well as help expedite the construction schedule of the Shakopee Bypass Project. Local traffic will be maintained on Apgar Street or Fuller Street during the construction of the Fuller Street Project. At this time, south of 11th Avenue, there are only three or four parcels which have access off of Apgar Street. An access will be maintained for those property owners as necessary. If you have any questions in regard to this memo or the attachment,please feel free to contact me in my office. BL/pmp CR77 SCOTT COUNTY BRADLEY J.LARSON Highway Engineer HIGHWAY DEPARTMENT DANIEL M.JOBE Jgaorrr 600 COUNTRY TRAIL EAST Design Engineer JORDAN, MN 55352-9339 DON D PAULSON (612) 496-8346 FAX (612) 496-8365 Construction Engineer August 24, 1995 Op S ltAle Mr. Bruce A. Loney AUC %b Public Works Director ese 1998' City of Shakopee t' 129 Holmes St. S. Shakopee, MN 55379 Re: CR 77 - Apgar/Fuller Dear Bruce: Recently you requested Scott County to review and approve the final plans for the proposed County Road 77 (Apgar) realignment to Fuller Street. Scott County did review and approve these plans and granted the City of Shakopee the permit to construct this project. This project would realign CR 77 south of Hennes Avenue W. to the east and connect with Fuller Street. This realignment was studied by the City of Shakopee and Scott County during the study to prepare a County Transportation Plan in 1992. A street tying into First Avenue at Fuller and then continuing south of Tenth and connecting with CR 77, was determined to be the best location for a north/south collector for this area of the City of Shakopee, and Scott County. This alignment does not affect any private access adversely since the south portion of Prairie View Addition is served off of Menke Avenue thereby allowing the existing segment of Apgar Street between Hennes Avenue and the realignment to be closed to through traffic. A preliminary plat for the area south of Tenth and east of Apgar also was reviewed by this office this past year and the street network was designed to not allow a continued connection of Apgar Street south of Tenth Avenue. The proposed street network would discourage through traffic and is a desirable feature for a neighborhood area. As a collector street Fuller/CR 77 should have limited access. As stated above there is no public need For access. To maintain the connection to CR 77, Apgar would have to be realigned to provide a right angle intersection because of the proposed realignment. A "y" or skewed intersection would not be desirable due to safety reasons. Given that private property will have direct access to the public street system, as noted above, Scott County would not permit the construction of a full access at the intersection of the Fuller realignment and existing Apgar Street. Please do not hesitate to contact us if you need additional information. Sincerely, Bradley J. Larson, P.E. County Highway Engineer An Equal Opportunity/Affirmative Action/Safety Aware Employer Mn/DOT Metro W .E . TEL :612-582-1368 Aug 31 95 11 21 No .005 P .01 a` `�' I� Mi 4 Minnesota Department of Transportation . ,,, News Release • _---- --- _— _- A. "^ '—E .1) Metro Division Phone 61;1 ht37.1000 1a0U County fid ti2 west krseville, MN'.)b113 August 31, 1995 Contact: Mark Panek Project Engineer FOR IMMEDIATE RELEASE (612) 341-7427 Donna Lindberg Metro Division Public Affairs (612) 582-1366 TDD/i1'Y (612) 296-9930 IOU.FREE 1-800-657-3688 COUNTY ROAD 69 CLOSURE BEGINS NEXT WEEK - WORK CONTINUES ON HIGHWAY 101 SHAKOPEE BYPASS (Roseville) County Road 69 between Highway 169 and County Road 78 in Jackson Township will be closed to traffic from Tuesday, September 5, through Tuesday, September 12. The designated alternate during this closure is Highway 169. County Road 77 between 10th Street in Shakopee and County Road 78 in Jackson Township is currently closed and will remain closed until June of 19%. The designated alternate during this closure is County Highway 17. These closures are needed to rebuild interchange and roadway connections to the new Highway 101 Shakopee bypass. Slated completion date for the bypass is late 1996. ##### WILAI SI-TAKOPEE August 30, 1995 Jim Theis Rose Menke Louisville Township Board Jackson Township Board 956 West 150th Street 1060 Oak Road Shakopee, MN 55379 Shakopee, MN 55379 Dear Town Board Members, Enclosed is the Fire Department budget request for 1996 in detail. City Council has seen only the total by major category at the 8/29/95 committee of the whole meeting. All three bodies addressed above are receiving the detail of the fire budget at the same time. Also enclosed is the 5 year equipment list for the Fire Department. Readers are reminded that there is now a separate internal service fund that buys and "owns" the equipment and rents the equipment to operating departments. This eliminates the large truck purchases from the Fire Dept budget and smoothes out the budget and township fees. This rental arrangement is effective for trucks bought in 1994 and later in terms of calculating the township fees The site acquisition and second fire station construction is not included in the Fire Dept. budget. It should be noted that there is a significant increase in pensions due to the increase authorized by Council. There is also an increasing number of firefighters in order to meet daytime staffing needs. If there are any questions of concerns the Town Boards wish to address they may contact Dennis Kraft or myself. Sincerely, j21-w Gregg o and Finance Director COMMUNITY PRIDE SINCE 1857 129 Holmes Street South Shakopee,Minnesota• 55379-1351 612-445-3650 FAX 612-445-6718 CITY OF SHAKOPEE 1996 GENERAL FUND BUDGET DIVISION: FIRE ACTIVITY: Activity includes fire prevention, inspection, training, fire fighting hazardous material response and water and high level rescue. Maintenance of station and equipment on a 24-hour basis in order to insure the safety and protection of the City of Shakopee and Jackson and Louisville Townships. OBJECT DESCRIPTION: Description of lines items: Salaries: Custodian salary $2,080. Salaries - Temp 44 Fire Fighters. Supplies: No increase over 1995 for basic supplies, but includes $6,000 for replacement of old fire hose and $6,000 for replacement of old hazadous material suites. Equip. Maintenance: No increase over 1995. Building Maintenance: Reduced by $6,000. This assumes window repair, heating unit replacement and painting is accomplished in 1995. 1996 warrants replacement of worn out light fixtures and replacement of another roof top heating unit. Conference & Schools: Moved $1,000 to Travel & Subsistence to realign these two items. Reflects $1,000 less than last year. Rentals: Equipment Rental $141,000. CITY OF SHAKOPEE l PROGRAM BUDGET WORKSHEET FOR THE YEAR ENDING 12/31/96 PROGRAM PROGRAM 321 323 MGT CUSTODIAN TOTAL FIRE 4101 WAGES FT REG 0 2,120 2,120 4102 OVERTIME-FT 2,000 0 2,000 4110 WAGES - TEMP 107,100 0 107,100 4121 PERA 90 90 180 4122 FICA 1,710 470 2,180 4124 FIRE PENSION 75,290 0 75,290 4151 WORKERS COMPENSATION 9,000 0 9,000 Tot:! PERSONNEL SERVICES $195,190 $2,680 !197,870 4210 OPERATING SUPPLIES 33,550 0 33,550 4222 MOTOR FUELS & LUBRICANTS 3,300 0 3,300 4230 BUILDING MAINT 5,000 0 5,000 4240 EQUIPMENT MAINTENANCE 19,000 0 19,000 4310 PROFESSIONAL SERVICES 3,000 0 3,000 4320 POSTAGE 100 0 100 4321 TELEPHONE 2,160 0 2,160 4330 TRAVEL/SUBSISTENCE 2,200 0 2,200 4350 PRINTING/PUBLISHING 650 0 650 4360 INSURANCE 22,000 0 22,000 4380 UTILITY SERVICE 9,240 0 9,240 4390 CONFERENCE/SCHOOL/TRAINING 11,000 0 11,000 4410 RENTALS 141,000 0 141,000 4433 DUES 1,000 0 1,000 4435 SUBSCRIPTIONS/PUBLICATIONS 500 0 500 Total SUPPLIES & SERVICES $253,700 $0 $253,700 TOTAL FIRE $448,890 $2,680 $451,570 CITY OF SHAKOPEE 1996 BUDGET Division Budget Object 1993 1994 1995 Y-T-D DEPARTMENT PROPOSED Code Description ACTUAL ACTUAL BUDGET 07/31/95 REQUEST BUDGET DIVISION 32 - FIRE 4101 WAGES FT REG 3,021 2,865 6,000 1,115 2,120 2,120 4102 OVERTIME-FT 0 911 0 1,249 2,000 2,000 4110 WAGES - TEMP 66,647 90,295 105,000 46,523 107,100 107,100 4121 PERA 136 169 270 106 180 180 4122 FICA 1,190 1,595 1,310 851 2,180 2,180 4124 FIRE PENSION 48,290 43,407 43,400 0 75,290 75,290 4131 HEALTH & LIFE 0 0 300 0 0 0 4151 WORKERS COMPENSATION 7,680 9,459 11,000 6,637 9,000 9,000 PERSONNEL SERVICES 126,964 148,701 167,280 56,481 197,870 197,870 4210 OPERATING SUPPLIES 9,823 10,980 21,550 4,333 33,550 33,550 4222 MOTOR FUELS & LUBRICANTS 1,805 3,035 3,200 1,702 3,300 3,300 4230 BUILDING MAINT 5,657 1,566 11,000 376 5,000 5,000 4240 EQUIPMENT MAINTENANCE 9,160 15,648 19,000 3,923 19,000 19,000 4310 PROFESSIONAL SERVICES 28,797 30,547 0 1,675 3,000 3,000 4320 POSTAGE 14 0 100 0 100 100 4321 TELEPHONE 1,664 1,730 1,800 871 2,160 2,160 4330 TRAVEL/SUBSISTENCE 1,771 1,257 2,000 2,307 2,200 2,200 4350 PRINTING/PUBLISHING 40 135 650 0 650 650 4360 INSURANCE 22,603 18,672 22,000 20,319 22,000 22,000 4380 UTILITY SERVICE 10,852 9,448 8,400 5,403 9,240 9,240 4390 CONFERENCE/SCHOOL/TRAINING 5,945 7,986 12,000 2,107 11,000 11,000 4410 RENTALS 91 0 125,760 73,451 141,000 141,000 4433 DUES 380 195 1,000 265 . 1,000 1,000 4435 SUBSCRIPTIONS/PUBLICATIONS 95 187 0 45 500 500 SUPPLIES & SERVICES 98,697 101,386 228,460 116,777 253,700 253,700 4550 EQUIPMENT 16,164 597,270 14,500 3,878 0 0 CAPITAL EXPENDITURES 16,164 597,270 14,500 3,878 0 0 TOTAL FIRE DIVISION 241,825 847,357 410,240 177,136 451,570 451,570 1996 1997 1998 1999 2000 Fire Truck-Pumper 260,000 260,000 Truck-Grass Rig 35,000 Truck-Telesquirt 350,000 Hover Craft 20,000 Utility/Personnel Vehicle 35,000 # 1s NON-AGENDA INFORMATIONAL ITEM MEMORANDUM TO: MAYOR AND MEMBERS OF THE CIgpTY COUNCIL FROM: Karen Marty, City Attorne�/✓�//f DATE: August 31, 1995 RE: NSP Franchise Months ago staff worked with NSP to prepare a new franchise agreement . After prolonged negotiation, we worked out a mutually-agreeable franchise . City Council adopted it, and NSP had 60 days to approve it . After approximately 30 days NSP sent us a letter asking for changes in the contract, including one which was an entirely new concept . The changes were not approved at a staff level, and NSP did not follow up for approximately 40 days, after their 60-day approval period had ended. Staff is in the process of attempting to determine our options and their consequences. We will bring this matter back to you when we have scoped it out . [31MEMO] MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorne DATE: August 31, 1995 RE: Litigation Against the U.S. and B. I .A. On August 1, 1995, the City Council adopted Resolution No. 4267, opposing the BIA placing certain land into trust . That Resolution directed the Mayor to send an additional letter to the BIA expressing the City' s concerns. Copies of that letter were to be provided to the City Councilmembers . Although a letter was drafted, a formal letter addressing environmental issues has not been sent . Since that date we have learned that the BIA is going to give the City a formal notice, with a proper 30-day comment period. We are waiting to file the letter near the end of that period, so that the letter can be as comprehensive as possible . We also have learned that the BIA does intend to prepare an Environmental Assessment for the 590-acre site. We will be keeping a close watch on that, in order to be able to supply the appropriate comments at the correct time . This is for your information, in case you were wondering what happened to the letter mentioned on August 1st . [31MEMO] MEMO TO: Dennis R. Kraft, City Administrator FROM: V. Paul Bilotta, Econ. Dev. Coordinator/Acting Planning Director DATE: September 5, 1995 RE: Livable Communities Act NON-AGENDA INFORMATION: On Wednesday, August 30, the Acting Planning Director attended a meeting on the Livable Communities Act. The Metropolitan Council's implementation of this Act is beginning to take shape and a draft of its proposed Housing Goals Agreement and ALHOA Amount are attached. The ALHOA Amount is the amount that the City must show is being spent on Affordable and Life-cycle housing in the Community (can be from a variety of sources, including some Scott County HRA actions). As anticipated, it appears that Shakopee will have little trouble complying with the provisions of this Act at this time (see attached Sector 7 analysis for situation in neighboring cities). Participation in the Act is "voluntary" however, if a City chooses to participate at a later date, it must demonstrate retroactive compliance with ALHOA spending and participation will be a consideration when making decisions about the allocation of regional resources. The Acting Planning Director will be meeting with Metropolitan Council staff on Wednesday, September 6, 1995, so more information will be provided in the near future. Should the City Council decide to participate in Livable Communities, it will be expected to pass a resolution similar to the attached (provided by Metropolitan Council staff). h:\adnun\ivcom.doc DRAFT HOUSING GOALS AGREEMENT METROPOLITAN LIVABLE COMMUNITIES ACT PRINCIPLES The city of Shakopee supports: 1. A balanced housing supply, with housing available for people at all income levels. 2. The accommodation of all racial and ethnic groups in the purchase, sale, rental and location of housing within the community. 3. A variety of housing types for people in all stages of the life-cycle. 4. A community of well-maintained housing and neighborhoods, including ownership and rental housing. 5. Housing development that respects the natural environment of the community while striving to accommodate the need for a variety of housing types and costs. 6. The availability of a full range of services and facilities for its residents, and the improvement of access to and linkage between housing and employment. GOALS To carry out the above housing principles, the City of Shakopee agrees to use benchmark indicators for communities of similar location and stage of development as affordable and life-cycle housing goals for the period 1996 to 2010, and to make its best efforts, given market conditions and resource availability, to remain within or make progress toward these benchmarks. CITY INDEX BENCHMARK GOAL Affordability Ownership 90% 64-69% Rental 53% 32-35% Life-Cycle T pe(Non-single family 34% 35-38% ed) Owner/renter Mix 68/32% (70-75) / • X25.30)% Density Single-Family Detached 2.1/acre 1.9-2.3/acre • Multifamily 13/acre 10-11/acre To achieve the above goals, the City of Shakopee elects to participate in the Metropolitan Livable Communities Act Local Housing Incentives Program, and will prepare and submit a plan to the Metropolitan Council by June 30, 1996, indicating the actions it will take to carry out the above goals. • CERTIFICATION Mayor Date Affordable and Life-Cycle Housing Opportunities Amount For Shakopee Your ALHOA Amount for: Shakopee 1996 SO Not required 1997 (Estimate) $7,476 I1 -� - I .O •O v N -' N v O .O v P1 _ N M M N N N gV a. $r. T 1 N a O n P• P w P• P n .O 4.. N v O C4 V k I. n P w .O P• N n .O w n N V P. v 0 H =b ZA 1A L. x=- I + Ole O - .� rI Isr40 r. ev lb lit + 1 `aN n01w P = P r M O = .i ~ NNC14 � N44. � : 1' l Z. N at JC = F ..ww Se b O " C f pp . .1p.1 , O L M o - n n - 2 P` N 4 C " r N e , A N A �. O �.0 P h .P.. =- L L. = E te 12 3 . _ . .l s O G b /"'. 1'+ M N n M r h v n n ..wi V CZ ■- •N . ea a < S - `� 1 0 w ,•j es i = c , 3 n 4.1C I k _ ` r i C. O O O w P O P 0. 0 .n.. O .... X LI M Nil CS Q f "C4 C4 C4 = ^ 1+ P w 0v.1 w 17 w P 1 mss- ^ 01 PI 0 I ~ �l1 • pP + I a- \ PI 0. n p A' h " a p �,/^ = , x yC . 1.1011411 IF I v N -T - n 0 . P' ff O, n Cl N v, 3 w N Cl n w Cl n 'O v n f n :II 0. • _ $ C aOp ..Op Cp TT Y Li 0 N a• i. I M�� tw 1 O 3-1 .CJ rn w • i f 2, wld w 7 .II 1 r , C At o 5 - E 3 . s s - 1 , r T n -.�. o - c ` = _ 3 - s a h ori X V. O /./ 4% IBS IBM _%4% IA Q; lei yo � e RESOLUTION NO. oO RESOLUTION ELECTING TO PARTICIPATE IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT CALENDAR YEAR 1996 WHEREAS,the Metropolitan Livable Communities Act(1995 Minnesota Laws Chapter 255)establishes a Metropolitan Livable Communities Fund which is intended to address housing and other development issues facing the metropolitan area defined by Minnesota Statutes section 473.121;and WHEREAS,the Metropolitan Livable Communities Fund,comprising the Tax Base Revitalization Account,the Livable Communities Demonstration Account and the Local Housing Incentives Account,is intended to provide certain funding and other assistance to metropolitan area municipalities;and WHEREAS,a metropolitan area municipality is not eligible to receive grants or loans under the Metropolitan Livable Communities Fund or eligible to receive certain polluted sites cleanup finding from the Minnesota Department of Trade and Economic Development unless the municipality is participating in the Local Housing Incentives Account Program under ilinnesota Statutes section 473.254;and WHEREAS,the Metropolitan Livable Communities Act requires the Metropolitan Council to negotiate with each munici- pality to establish affordable and life-cycle housing goals for that municipality that are consistent with and promote the policies of the Metropolitan Council as provided in the adopted Metropolitan Development Guide;and WHEREAS,by June 30, 1996,each municipality must identify to the Metropolitan Council the actions the municipality plans to take to meet the established housing goals;and WHEREAS,the Metropolitan Council must adopt,by resolution after a public hearing,the negotiated affordable and life- cycle housing goals for each municipality by January 15, 1996;and WHEREAS,a metropolitan area municipality which elects to participate in the Local Housing Incentives Aaronnt Pro- gram must do so by November 15 of each year;and WHEREAS,for calendar year 1996,a metropolitan area municipality can participate under Minnesota Statutes section 473.254 only if:(a)the municipality elects to participate in the Local Housing Incentives Account Program by November 15, 1995;(b)the Metropolitan Council and the municipality successfully negotiate affordable and life-cycle housing goals for the municipality; and(c)by January 15, 1996 the Metropolitan Council adopts by resolution the negotiated affordable and life-cycle housing goals for each municipality; NOW,THEREFORE,BE IT RESOLVED THAT the [specific municipality] hereby elects to participate in the Local Housing Incentives Program under the Metropolitan Livable Communities Act during calendar year 1996. By: By: Mayor Clerk MEMO TO: Dennis R. Kraft, City Administrator FROM: Bruce Loney, Public Works Director fi'v SUBJECT: Storm Water Drainage Utility Fees DATE: August 31, 1995 COUNCIL MEETING DATE: September 5, 1995 NON AGENDA INFORMATIONAL ITEM: Please find attached a letter from Mark & Janice Esch of 954 Ramsey Street, Shakopee, MN and a response letter from Bruce Loney in regard to storm water drainage utility billing for duplexes. The residents are requesting that the City of Shakopee relook at the fees that are placed on duplexes and give consideration to having one fee, not two placed on duplex property. City staff will be reviewing this request and making recommendation to Council in the upcoming Council meetings either on September 19th or October 3rd. This memo is intended to be for informational purposes. If you have any questions in regard to this,please contact me in my office. BL/pmp BILLING SHAKOPEE August 31, 1995 Mark& Janice Esch 954 Ramsey Street Shakopee, MN 55379 RE: Storm Water Drainage Utility Fees Dear Mr. & Mrs. Esch: I have received your letter dated July 17, 1995 objecting to the City's duplicate fee charged to each unit of a duplex unit that you own at 954 and 946 Ramsey Street. This letter is intended to inform you that we are reviewing the policy ordinance and billing for land uses of this category and will be making a recommendation to City Council in the upcoming Council meetings in September or October. If you have any questions in regard to this letter, please feel free to contact me at 445- 3650. Sincerely, Bruce Loney, P.E. Public Works Director BL/pmp STORM COMMUNITY PRIDE SINCE 1857 129 Holmes Street South• Shakopee,Minnesota• 55379-1351 612-445-3650 FAX 612-445-6718 MARK & JANICE ESCH 954 Ramsey Street • Shakopee, MN 55379 err), Q J July 17, 1995 Op City Engineer 184*0 1995 Shakopee City Hall 129 Holmes Street South Q Shakopee, MN 55379 Re: Municipal Storm Water Drainage Fee In accord with City Ordinance No. 176, Code Chapter 3, Section I, Subd. 7, we are objecting to the city's duplicate fee we have paid the past three years for storm drainage fees. Janice and I purchased a duplex in 1993 at 954-946 Ramsey Street. We converted the property to homesteaded property immediately upon possession and occupy 954. Janice's sister and her son occupy 946. As owners of the 1900 sq. it home, we are solely responsible for all utilities. 946 has the only water service and sewer outlet. We have two electric meters for maintenance purposes because the house was wired as two separate units. We asked the city for one billing, but their accounting system is not capable of combining two meters on one statement. Accordingly, we feel this is the sole reason we are paying two storm drainage fees. Our home falls within the 1.A classification for storm water drainage fees. After comparing our property to others around the city, we feel we are paying more than our fair share. As a family, we have decided to maximize our resources and economize by living under one roof Our home is not any different from our next door neighbors'who have four family members living under one roof also. We don't feel our family's living arrangement has anything to do with anticipated relative contribution to runoff, hydrologic characteristics, or is a burden to the City's resources. Janice and I are petitioning the City of Shakopee to change one fee and not two on our home. Your attention to this matter is appreciated. Sincerely, { • TENTATIVE AGENDA ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE,MINNESOTA Regular Session September 5, 1995 1. Roll Call at 7:00 P.M. 2. Approval of the August 1 and 15, 1995 minutes 3. Resolution 1995-6- 1996 EDA Tax Levy 4. Resolution 1995-7-Use of Tax Increment Funds Downtown 5. Proposed Tax Increment Districts 6. Other Business a) b) 7. Adjourn Dennis R.Kraft Executive Director OFFICIAL PROCEEDINGS OF THE ECONOMIC DEVELOPMENT AUTHORITY REGULAR SESSION SHAKOPEE, MINNESOTA AUGUST 1, 1995 President Mike Beard called the meeting to order at 7:03 P.M. with Comm. Jon Brekke, Robert Sweeney, Joan Lynch, Gary Laurent, Cole VanHorn, and Gary Morke present. Also present: Dennis R. Kraft, City Administrator; Karen Marty, City Attorney; Barry Stock, Assistant Administrator; Paul Bilotta, Acting City Planner; and Judith S. Cox, City Clerk. Sweeney/Laurent moved to remove discussion regarding Blocks 3 & 4, OSP from the table. Motion carried unanimously. Barry Stock explained that the moratorium on property located within Blocks 3 & 4, OSP set in February, will expire on September 17, 1995. The total estimated cost of relocation for both blocks is in excess of $1.7 million. The cost estimate does not include costs associated with possible building removal which could exceed $200, 000. Mr. Stock stated that the Shakopee CDC has recommended that the EDA take appropriate steps to secure friendly acquisition of the property. If friendly acquisition is not possible, they are recommending that condemnation be pursued. If the EDA proceeds with this project, the funding source would be the Tax Increment Trust Fund. Currently there is $350, 000 available for this project. There would be a short term gap financing problem and would require the need to consider how to generate other funds. One option is to obtain a loan in the amount of approximately $1,500, 000.00 from the City of Shakopee, which would require an agreement between the City of Shakopee and the EDA outlining repayment procedures and interest terms. Another option is to sell tax increment bonds that would be repaid with future tax increment collected from existing tax increment districts. Mr. Stock stated that the decision whether to proceed or not is a Council policy decision. He explained that efforts to attract developer interest over the past 2-3 years have been unsuccessful due to multiple property ownership. Discussion as to what the cost will be to the City ensued. Discussion regarding the creation of a TIF district, selling TIF revenue bonds and the use of surplus TIF funds ensued. Mr. Kraft explained the Tenant Relocation Assistance Costs. Karen Marty explained that when a resident is relocated it must be to comparable living quarters and the cost can be high. I Official Proceedings of the August 1, 1995 Shakopee Economic Development Authority Page -2- Comm. Sweeney suggested proceeding with the acquisition to the extent of the cash on hand and friendly acquisition with the threat of condemnation. Discussion regarding condemnation and its affect on capital gains ensued. President Beard asked if anyone present wished to address this issue. Thomas Rein, Tom's Barber Shop in Block 4, 412 Scott, approached the podium. He stated that he was looking at the master plan and that it looks like it will cost more than $2, 000, 000. President Beard explained that the idea is that a developer will want to redevelop certain portions of downtown where there are some image problems. This would create a redevelopment project. A consultant has been hired through the CDC to design a conceptual plan that would give a developer an idea of what he might want to do. Mr. Rein asked what was going to be done with the other side of the street after one side is finished. President Beard explained that part of the on-going downtown redevelopment is to re-do the fronts of the buildings. He stated that the idea is to construct a building that looks 100 years old. Mr. Stock stated that the EDA has not decided what will be done with the two blocks at this time. Options from complete demolition to complete rehabilitation are available. Mr. Rein stated that people who love old buildings should do something to save them. Richard Larson, 213 E First, Antique Shop, approached the podium. He stated that he is not objecting to redevelopment but would like to know where they, as renters, stand and asked for consideration as to what can be done with the existing structures. In answer to Comm. Beard's question that if the City were to acquire properties and continue to rent them, they would remain on the tax rolls for that time, Mr. Stock replied, "Yes" . Ron Kosse, Kosse Studio, approached the podium and stated that they have been in limbo for two years and asked that something be done to move forward. Official Proceedings of the August 1, 1995 Shakopee Economic Development Authority Page -3- Linda Tomlinson, 213 E First, Antique Shop, approached the podium. She asked what the City is looking for. She stated that the historic sense is what attracted them and their customers to Shakopee. She suggested passing zoning ordinances or building codes that promote a historical appearance and that would help the owners or people wanting to buy them. She stated that there is no real warmth with the new buildings. Paul Bilotta stated that the CDC has recommended that before anything is decided as to demolition, that the structural soundness of buildings be investigated and that every effort would be made to preserve historic structures. Barry Stock stated that the CDC has also discussed the possibility that the City acquire the properties and serve as a developer to redevelop the exterior phaseouts into some type of unified historical design and rehabilitate those that don't currently fit in. After the street has a unified historical appearance the City would then sell the properties to recapture some of the money. He stated that the rehabilitation grant program has been in existence for five years and has helped to stimulate the redevelopment of some parcels, but there are some property owners who have yet to show any interest. Linda Tomlinson stated that if this were done as a whole some individuality would be lost. She suggested this be done on an individual basis rather than the town getting involved as a larger project. Mr. Larson asked if the grant money could be used by the owners. He said that it would be a savings to renovate versus tearing down and rebuilding. He would like to see a decision made. Discussion regarding the justification by architects for saving or destroying structures ensued. Mr. Stock stated that if the direction to be taken is to proceed with friendly acquisition and utilize the existing TIF Funds on hand, staff would contact Bond Counsel to get answers to questions raised tonight and that they would have the answers needed by the September 5th meeting. Sweeney/Brekke moved to direct the appropriate EDA officials to proceed with friendly acquisition of the property located within Blocks 3 and 4 to the extend of the TIF funds available at this time. Motion carried unanimously. Official Proceedings of the August 1, 1995 Shakopee Economic Development Authority Page -4- Sweeney/Brekke moved to direct the appropriate EDA officials to meet with Bond Counsel to determine the answers to the questions asked with respect to the utilization of TIF funds and the possibility of reclamation of the TIF funds. Motion carried unanimously. Laurent/Sweeney moved to direct staff to contact Peter Patchin, appraiser, to gather information in order to make a decision as to whether to save the buildings or not, and to obtain bids for the old bank building. Motion carried unanimously. Barry Stock stated that cost proposals for assistance and acquisition relocation of the properties located within Blocks 3 and 4 have been received. Conworth, Inc. has been recommended with the low cost estimate of $37, 000.00. Discussion regarding the cost difference in the two proposals ensued. Dennis Kraft recommended getting a unit cost versus using the whole package quote. Barry Stock stated that he would ask for a break- down per parcel within the next two weeks. Brekke/Sweeney moved to authorize the appropriate EDA officials to execute documents accordingly to facilitate the utilization of Conworth Inc. for the property and relocation and acquisition process associated with Blocks 3 and 4, OSP. Motion carried unanimously. Dennis Kraft stated that Ralph Schmitz, President of James Development has requested some form of economic assistance, possibly tax increment financing, for the development of the Arlington Ridge Multi-Family Housing Project. Mr. Schmitz feels that his project has experienced several problems which have cost him time and money and resulted in down sizing the project. Jan Susse, Attorney representing James Development, approached the podium and stated that the change from 203 units to 112 units has been very significant economically. Agreeing to the Vierling Drive assessments and the costs for ponding have also affected the cost. He requested TIF money on a pay as you go basis for five years. Mr. Kraft explained the pay as you go and the standard TIF processes. Paul Bilotta stated that this project was platted into three lots and there was a CUP granted to allow 3 stories. He said that this is not a PUD and that this project is under the existing zoning regulations and can develop to the full density allotted in the zone. He stated that this is a building permit issue and as long as the zoning requirements are met, the density is not addressed. Official Proceedings of the August 1, 1995 Shakopee Economic Development Authority Page -5- Mr. Susse stated that they are requesting TIF money for the second and third phases because the cost of changing to townhouses is very expensive and adding the consent to Vierling Drive assessments adds to that. Bruce Loney stated that Engineering fees were high because of many design changes. The request for consent for Vierling Drive assessments is based on City policy as the property abuts Vierling Drive, a future collector street. Dave Nummer stated that there are two stormwater ponds on the site that take water from 13th Avenue. State law requires that the developer take into account any water that naturally comes on to their site. They can pass the water through the site without having capacity in the ponds to hold it, but are required to construct a conveyance system to get it from one side of the property to the other. In answer to a question as to what would prevent the developer from going back to a higher density unit, Mr. Sussy stated that he could do that but it would be very close. He added that there are no other holding ponds in the neighborhood. Discussion regarding the design plan changes ensued. Mr. Susse clarified that this is not intended to be low income housing, these are moderate to low income. He stated that if they can put in 48 units, maybe they will, but it would be a violation with the understanding with the neighbors. Mr. Susse stated that this first became an issue when Vierling Drive was re-aligned and put the first 48 units in jeopardy. Discussion regarding the deferment of the assessment until the land area develops ensued. Comm. Sweeney moved to direct staff to develop a TIF proposal for the Arlington Ridge Subdivision. Motion failed having no 2nd. Discussion regarding the credibility of the City with the neighbors ensued. Discussion relating to the three year TIF assistance ensued. Barry Stock stated that if James Development requests a building permit increasing the density on the remaining two lots, the City staff might coordinate a meeting with the neighbors to inform them of what is happening. Discussion regarding the City's involvement ensued. Official Proceedings of the August 1, 1995 Shakopee Economic Development Authority Page -6- Karen Marty stated that the idea of a meeting with the neighbors would be a voluntary attempt to mediate the conflict. Sweeney/Morke moved to direct staff to develop a TIF proposal for Arlington Ridge Subdivision. Motion failed. Ayes: Comm.Sweeney, Beard and Morke. Noes: Comm. Lynch, Brekke, VanHorn, and Laurent. Dennis Kraft stated that the City Attorney has investigated the statutes relating to the EDA and the HRA tax levy. Karen Marty stated that in answer to the question whether the County HRA could impose a tax levy if the City also had an HRA tax levy, the answer is "Yes". In answer to the question as to whether there was any statutory provision that there could be only one HRA tax levy in a location, the answer is "No, any HRA can impose a tax levy" . There is no provision in the statute that would limit the County from imposing an HRA tax levy even though the EDA authority includes HRA authority. An HRA tax levy and an EDA tax levy may be imposed. Comm. Sweeney stated that he would bring it to the attention of the Scott County Board that this is a political issue with which the Shakopee EDA disagrees with the outcome. Greg Voxland stated that the proposed 1996 EDA budget and tax levy has been prepared and will be brought back at the September meeting for adoption by resolution. The levy remains the same as for 1995. Staff time charged against the EDA budget is higher than it was against the HRA because now there is an Economic Development Coordinator. Comm. Morke suggested budgeting for promotion of the City of Shakopee. Discussion as to whether to budget for this position ensued. President Beard asked that discussion regarding promotions and Blocks 3 and 4 be put on the September 5, 1995 Agenda. Brekke/Lynch moved to recommend the 1996 EDA Budget, as presented, to the City Council. Motion carried unanimously. President Beard adjourned the meeting to August 15, 1995 at 7:00 P.M. The meeting adjourned at 9:36 P.M. Ju ith S. Cox E9' Secretary Esther TenEyck Recording Secretary OFFICIAL PROCEEDINGS OF THE ECONOMIC DEVELOPMENT AUTHORITY ADJ. REG. SESSION SHAKOPEE, MINNESOTA AUGUST 15, 1995 President Beard called the meeting to order at 7:50 P.M. with Comm. Morke, VanHorn, Brekke, Sweeney, Lynch, and Laurent present. Also present: Dennis R. Kraft, City Administrator; Barry Stock, Assistant City Administrator; Karen Marty, City Attorney; Bruce Loney, Public Works Director/City Engineer, Terrie Thurmer, Assistant City Planner; and Judith S. Cox, City Clerk. Brekke/Lynch moved to approve the Minutes of July 11, 1995. Motion carried unanimously. Barry Stock stated that possible acquisition of Blocks 3 & 4 was discussed at the last EDA Meeting. The issue of the short-term gap financing problem for securing the properties was raised. Tom Hay, Dorsey Firm, our Bond Counsel, was asked to assist in answering the questions that were raised and give direction to staff in order to move forward. Tom Hay approached the podium and addressed the questions raised by staff. 1. Can existing Tax Increment Funds be used for acquiring the property in question? They could be used for this purpose subject to it being in the plan. 2 . Can the City of Shakopee sell TIF Revenue Bonds at this time to cover the short term gap financing problem and repay the outstanding indebtedness with surplus Tax Increment as it is generated over the next four (4) years? Yes, because the existing flows of Tax Increment are there. However it must be reflected in the plan. There are some restrictions on bond use to make those acquisitions. Mr. Hay suggested that staff consider creating a new development Tax Increment District for Blocks 3 & 4, and use existing cash Tax Increments from the other districts subject to repayment from Increment from the new district, when and if available. 3 . What is the duration for a TIF Redevelopment District? 20-25 years for a new district. Mr. Hay stated that it appears that Blocks 3 & 4 would qualify for a new Redevelopment District status. 4 . When would it be most appropriate for the City to create a Redevelopment District for the property located within Blocks 3 & 4? Before proceeding to acquire the land. Official Proceedings of the August 15, 1995 Shakopee Economic Development Authority Page -2- 5. Does Bond Counsel have any other ideas on how to fund the acquisition/relocation and potential demolition costs for this project? No. 6. How can the dollars spent now be recaptured at a later date? Addressed in No. 2 . 7. Given the status of the City's Tax Increment Trust Fund, would it be wise for the City to sell General Obligation TIF Bonds to cover the costs associated with this project recognizing that a developer has not been found to complete a project at this time? Mr. Hay referred to the problem of using bond proceeds to acquire more than 25% of the land within a project. However, bond proceeds could be used in demolition, there are no restrictions. He said that Springsted may also have some recommendations. 8. If the City utilizes Tax Increment Funds at this time to acquire, rehabilitate and/or demolish various structures within the project area, can the City at a later date sell the property to private parties and reinvest the proceeds generated as they deem fit? Mr. Hay asked what becomes of the proceeds, should it be sold? He stated that it must be regarded as repayment of Tax Increment and kept within the circle, not for the General Fund. 9. If a new Redevelopment District is created, what implications are placed on the City as a result of the recent TIF Legislation? (i.e. HACA reductions, LGA impact, school district impact, local contribution of funds) . This involves the major problems under the Tax Increment laws today and proceeding with any new Tax Increment District. Mr. Hay stated that if you use Tax Increment you get certain reductions in local government aids. He elaborated on how this works. (Economic Development District 10% and Redevelopment District 7 1/2%) 10. In terms of an Economic Development District, what conditions must be met before a TIF District can be created? 11. What new implications have been placed on Economic Development Districts as a result of new legislation? Official Proceedings of the August 15, 1995 Shakopee Economic Development Authority Page -3- If a local community chooses to make a contribution to the project the LGA/HACA reduction can be avoided. The requirements are: 1) The amount of local contribution must be made out of General Fund or unrestricted monies. 2) The local contribution must not be made directly or indirectly with TIF or developer payments. The local contribution must be used to pay project costs and cannot be used for general governmental purposes, improvements, or costs that the authority municipality plan to incur. Mr. Hay discussed the "But For Test" stating that an analysis must show that the market value of the property attributable to development that might occur, would be less than the increase in the market value proposed for the Increment District, minus the present value of the Tax Increment. He said that he didn't think that it would be difficult to satisfy Blocks 3 and 4 . Discussion followed. Laurent/Morke moved to direct staff to prepare a resolution clearly expressing the intent of making a temporary expenditure of TIF surplus funds to acquire land with an intention to create a district and an intention to recapture the temporary financing used for this district. Motion carried unanimously. Brekke/VanHorn moved to direct staff to prepare the appropriate TIF Plan for Blocks 3 and 4. [Mr. Hay stated that we need to clarify the 25% land issue. ] Motion failed unanimously. Brekke/Sweeney moved to direct staff to compile information regarding questions raised that will allow the EDA to begin formulating a Plan for Blocks 3 & 4 . Motion carried unanimously. Barry Stock stated that Stan Pint, Minnesota Valley Engineering President, is requesting economic development assistance for a proposed industrial development project in Shakopee. The facility would cost between three and 3 .5 million dollars, employ between 200 and 250 persons, and the building would be 80, 000 square feet. He stated that they would like to break ground this fall and are also looking elsewhere at other properties. Mr. Stock explained that if the Shakopee EDA wishes to pursue economic development assistance it would involve creating a new tax increment district and subsequent tax increment financing plan amendments. The time frame to create a tax increment district and complete the necessary TIF Plan amendments is 60 days. a Official Proceedings of the August 15, 1995 Shakopee Economic Development Authority Page -4- Sweeney/Morke moved to direct the appropriate City officials to indicate a willingness to enter into a TIF proposal with Minnesota Valley Engineering. Discussion followed regarding the City's TIF Policy. Mr. Hay suggested that staff put together something with a liberal approach from the existing TIF Policy to see if it will fit into the restrictions of the law. Barry Stock stated that most projects like to receive assistance equal to the value of the land write-down. Jon Albinson, CDC Member, approached the podium and stated that Council policy adopted in the early 1990's dictates that the school's increment is distributed to the school and is not available for distribution as increment to an industry. In looking at the various possibilities for a tax increment program they may find themselves short if they can't capture the increment that would have been distributed to the school. Discussion regarding school funding ensued. Comm.Laurent stated that the School District agreement covers only the excess mill levy referendum amount. Motion carried unanimously. Barry Stock stated that staff received direction to proceed in acquiring some of the properties located within Blocks 3 and 4. In reviewing the issues involved, Conworth, Inc. officials have suggested that it would be advantageous for the Shakopee EDA to delegate the authority of executing purchase agreements to one particular individual. The City Attorney recommends authorizing the Executive Director to execute purchase agreements, contingent upon final approval of the entire EDA. Jackie Wentworth, President Conworth approached the podium and introduced her team. She said that they have been in business since 1989 doing relocation work. She promised to work with everyone equally, to show no favoritism, to go along with recommending only those things that they are obliged to pay within the Uniform Relocation Act. Brekke/Lynch moved to authorize the Executive Director of the Shakopee EDA to execute purchase agreements for parcels located within Blocks 3 and 4 . Motion carried unanimously. Barry Stock stated that in reviewing the procedures set forth in the Uniform Act, it was noted that the procedures require the utilization of a review appraisal. Official Proceedings of the August 15, 1995 Shakopee Economic Development Authority Page -5- The City Attorney has informed Mr. Stock that State statute specifies that all the procedures set forth in the Uniform Act must be followed. It was then determined that the Shakopee EDA needs to add a review appraiser. Mr. Stock requested the authorization to hire a review appraiser to review the appraisals for property done by Patchin Appraisals. Brekke/Lynch moved to approve the hiring of a Review Appraiser to review the appraisals done by Patchin Appraisals. Motion carried unanimously. President Beard suggested setting up a time to discuss the topics the EDA will be dealing with over the next few years and asked for direction. Discussion ensued regarding the timing for setting up a strategic planning session. Lynch/Sweeney moved to revisit setting up a strategic planning session after the November 7, 1995 election. Motion carried unanimously. President Beard adjourned the meeting to September 5, 1995 at 7:00 P.M. The meeting was adjourned at 9:20 P.M. „riA_ ,41.1clith S. Cox Secretary Esther TenEyck Recording Secretary Alit3 TO: Dennis Kraft, EDA Director FROM: Gregg Voxland, Finance Director RE: 1996 Tax Levy And Budget Adoption Resolution DATE: August 30, 1995 Introduction and Background Attached is Resolution Number 95-6 which requests the Shakopee City Council to consent to the tax levy for the EDA and adopts the 1996 budget . The levy is $102, 394 after reductions for HACA in the amount of $4, 686 and no allowance for uncollectables. The proposed budget is attached with appropriations in the amount of $119, 080 . Alternatives 1 . Adopt resolution as proposed. 2 . Modify amounts and adopt resolution. Action Offer Resolution Number 95-6, A Resolution Requesting The Shakopee City Council To Consent To The Levy Of A Special Tax By The Economic Development Authority For The City of Shakopee And Adopting The 1996 Budget, and move its adoption. 11 RESOLUTION NO. 95-6 A RESOLUTION REQUESTING THE SHAKOPEE CITY COUNCIL TO CONSENT TO THE LEVY OF A SPECIAL TAX BY THE ECONOMIC DEVELOPMENT AUTHORITY FOR THE CITY OF SHAKOPEE AND ADOPTING THE 1996 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 the governing body of the municipality may levy a tax at the request of the Authority, 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 DEVLOPMENT AUTHORITY OF THE CITY OF SHAKOPEE, MINNESOTA, that the Economic Development Authority hereby requests the City Council of the City of Shakopee to consent to the special tax levy of $102, 394 (after reduction for $4, 686 in HACA aid) to be collected 1996 by the Economic Devlopment Authority for the City of Shakopee. BE IT FURTHER RESOLVED, that the attached 1996 General Fund Budget be approved with total appropriations in the amount of $119, 080 . Adopted in session of the Shakopee Economic Development Authority for the City of Shakopee, Minnesota, held this day of , 1995 . Chairman ATTEST: Executive Director Approved as to form City Attorney CITY OF SHAKOPEE, MINNESOTA 1996 BUDGET EDA FUND BUDGET SUMMARY 1993 1994 1995 1996 Actual Actual Budget Proposed Revenue Taxes $ 25,605 $ 26,579 $ 101,710 $ 102,394 Intergovernmental 4,977 5,368 5,370 4,686 Charges for Service Miscellaneous Interest 24,762 16,212 12,000 12,000 Sale of Property 118,351 Total Revenue 55,344 166,510 119,080 119,080 Transfer in Total Revenue and Transfers 55,344 166,510 119,080 119,080 Expenditures Personal Services 25,791 27,642 70,630 73,130 Supplies & Services 25,295 106,195 45,950 45,950 Capital 1,500 16,906 2,500 - Total Expenditures 52,586 150,743 119,080 119,080 Excess (Deficiency) Of Revenues over Expenditures & Transfers $ 2,758 $ 15,767 $ - $ - Fund Balance December 31 275,690 291,457 291,457 291,457 MEMO TO: Dennis R. Kraft, Executive Director Shakopee EDA FROM: Barry A. Stock, Assistant City Administrator RE: Resolution 1995-7 - Use of TIF Funds Downtown DATE: August 30, 1995 INTRODUCTION: On August 15, 1995 the EDA directed staff to prepare a resolution clearly expressing the intent of expending Tax Increment Finance Surplus Funds to acquire land within Blocks 3 and 4, create a redevelopment district and the recapture of expenditures through the new district. BACKGROUND: Attached in Resolution No. 1995-7 that attempts to clearly identify the EDA's method of financing the acquisition of the properties within Blocks 3 and 4. Staff would like to recommend that the resolution be approved. ALTERNATIVES: 1. Offer Resolution No. 1995-7 and move its adoption. 2. Do not approve Resolution No. 1995-7. 3. Amend Resolution No. 1995-7 and move its adoption. 4. Table action pending further information from staff STAFF RECOMMENDATION: Staff recommends Alternative #1. ACTION REQUESTED: Move to approve Resolution No. 1995-7. BAS/tiv-h:\word\tami\admin\res1995.7 RESOLUTION NO. 1995-7 A RESOLUTION OF THE SHAKOPEE ECONOMIC DEVELOPMENT AUTHORITY RELATING TO THE USE OF TAX INCREMENT FINANCING FUNDS FOR THE BLOCKS 3 AND 4 REDEVELOPMENT PROJECT WHEREAS, the Shakopee Economic Development Authority is interested in preserving and enhancing the economic vitality of downtown Shakopee; and WHEREAS, the Shakopee Economic Development Authority believes the acquisition of the parcels located within Blocks 3 and 4 within downtown Shakopee will serve to facilitate redevelopment in downtown Shakopee; and WHEREAS, the City of Shakopee's Tax Increment Trust Fund projections indicate that future increment will be generated to offset potential acquisition, relocation and demolition costs associated with the redevelopment of the property located within Blocks 3 and 4. NOW, THEREFORE BE IT RESOLVED BY THE SHAKOPEE ECONOMIC DEVELOPMENT AUTHORITY that the Economic Development Authority intends to utilize existing Tax Increment Financing Surplus Funds to acquire the property located within Blocks 3 and 4 and that a new redevelopment tax increment district will be created O-1 w IT future tax increment collections from the project allocated towards the recapture of project redevelopment costs. Adopted this day of , 1995. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form. City Attorney S MEMO TO: Dennis R. Kraft, Executive Director Shakopee EDA FROM: Barry A. Stock, Assistant City Administrator RE: Proposed Tax Increment Districts DATE: August 30, 1995 INTRODUCTION: On August 15, 1995 Mr. Tom Hay, Dorsey&Whitney, appeared before the EDA to address a wide variety of Tax Increment Questions. At that time,the EDA directed staff to compile information regarding questions raised that will allow the EDA to begin formulating a plan for Blocks 3 and 4. BACKGROUND: Attached is a correspondence from Tom Hay outlining various questions raised at the August 15th meeting. Mr. Hay has also made several suggestions for the EDA's consideration. Most notably, Mr. Hay is recommending that a Downtown Redevelopment District be established at this time. In order to facilitate Mr. Hay's recommendation, staff is seeking direction from the EDA accordingly. In terms of Mr. Hay's last comment with respect to a reimbursement bond or certificate, stafft%pcmaQred a bond reimbursement certificate in the amount of 1,90,0oo the TIF plan for Blocks 3 and 4, less$350,000 in the TIF plan for cash on hand in 1996). Without the certificate,bonds could not be issued to replace any money spent on the project before the bond proceeds are received except for administrative type expenses. If the EDA concurs with Mr. Hay's recommendation in terms of the creation of a Downtown Redevelopment District, staff will immediately begin to develop the appropriate documents calling for a public hearing. Staff will also utilize the services of Springsted Financial Advisors to perform the necessary financial calculations associated with the new(but for)test. Springsted will also be providing assistance in determining the appropriate approach for the City to take to minimise and LGA/HACA penalty. • ALTERNATIVES: 1. Authorize the appropriate EDA officials to prepare the necessary plans and documents associated with the creation of a new Tax Increment Redevelopment District which encompasses the parcels located within Blocks 3 and 4, OSP. 2. Do not a authorize the appropriate EDA officials to proceed in establishing a Downtown Redevelopment District at this time. 3. Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends Alternative#1. ACTION REQUESTED: Authorize the appropriate EDA officials to prepare the necessary plans and documents associated with the creation of a new Tax Increment Redevelopment District which encompasses the parcels located within Blocks 3 and 4, OSP. BAS/tiv-h:\word\tami\admin\tid DORSEY 8c WHITNEY PROFESSIONAL LIMITED LIABILITY PARTNERSHIP NEW YORK PILLSBURY CENTER SOUTH SEATTLE WASHINGTON, D. C. 220 SOUTH SIXTH STREET ROCHESTER, MN MINNEAPOLIS, MINNESOTA 55402-1498 DENVER (612) 340-2600 BILLINGS ORANGE COUNTY, CA FAX (612) 340-2868 GREAT FALLS LONDON MISSOULA BRUSSELS THOMAS S.HAY DES MOINES (612)3437965 HONG KONG FARGO August 29,1995 Mr. Barry A. Stock City of Shakopee 129 Holmes Street South Shakopee, MN 55379-1376 Re: Proposed Tax Increment Districts Dear Barry: After reviewing applicable laws and discussing various questions raised at the August 15 Shakopee EDA meeting with members of the firm and other persons heavily involved in tax increment financing,I have the following comments and suggestions: 1. With respect to application of the new comparative value aspect of the "but for" test: (a) most people feel that if no development without tax increment assistance is expected to occur within a year or so, that the value assigned to it should be zero; (b)it may be prudent,based upon the circumstances, to estimate what development will occur without tax increment assistance in the reasonably forseeable future, so there may be a value greater than zero even if the development won't occur for several years,but in this event all agree that the value of future development must be present valued if it is to be used in the "but for" test; (c) nevertheless, the appropriate value for non-assisted development in your proposed downtown redevelopment district is probably zero because no development is expected to occur within the reasonably forseeable future;and (d) if the value of proposed new development less the present value of tax increment assistance turned out to be a negative number, the redevelopment property would likely have a present "negative value"and the non- assisted development value of zero should be reduced by the actual "negative value"for purposes of applying the formula, but legislative clarification is needed here. 2. With respect to the "buy out" of the LGA/HCA penalty: (1) most cities are seeking to recover their contribution through the permitted 10% administrative cost allowance; (2) very detailed and accurate accounting will be needed to support administrative costs claimed by the city; (3) some cities are,as I suggested, using less than all of the tax increment thus allowing some taxes to flow through to all taxing jurisdictions including the city which can offset this income against its LGA/HGA required contribution;(4) some cities are making all or part of their contributions through funding a part of the project cost with other types of financing such as improvement bonds,state—aid street bonds, or water and sewer general obligation revenue bonds;and (5)some cities are carefully trying to define the project so that moneys spent by the county or state in the project area can be offset against the required city contribution. DOBSEY & WHITNEY PROFESSIONAL LIMITED LIABILITY PARTNERSHIP Mr. Barry A. Stock August 29,1995 Page 2 3. "Interfund loans"of tax increment funds or other moneys are common,and in fact interest is often charged. These loans can be repaid with tax increments from the new district,or the proceeds to bonds issued in anticipation of the tax increments, when and if available; provided that bonds issued to fund reimbursement will be tax-exempt only if federal"reimbursement bond"procedures are followed. 4. The proposed downtown redevelopment district should be established now. The tax increment plan for it should provide for the temporary use of existing tax increments to acquire the property and the eventual improvement from tax increments derived from the new district when available. 5. The Council should pass,or Greg Voxland should execute,a reimbursement bond resolution or certificate with respect to expenditures in the new district for which we may eventually want to issue tax-exempt bonds. Very truly yours, Thomas S. Hay TSH/pmh OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL REGULAR SESSION SHAKOPEE, MINNESOTA, AUGUST 1, 1995 Mayor Laurent called the meeting to order at 7 : 02 P.M. with Cncl. Brekke, Beard, Sweeney, and Lynch present. Also present: Dennis R. Kraft, City Administrator; Karen Marty, City Attorney, Barry Stock, Assistant City Administrator; Bruce Loney, Public Works Director/City Engineer; Paul Bilotta, Acting Planning Director; and Judith S. Cox, City Clerk. Items added to the agenda: 13a) Civic Center Programs, 13b, Assessments on City Property and State Aid, and 13c) Arena Scoreboard. Beard/Brekke moved to approve the agenda as modified. Motion carried unanimously. The meeting recessed at 7 : 03 P.M. for an Economic Development Authority meeting. The meeting re-convened at 9:49 P.M. Items added to Consent Business: llc) Recreation Superintendent Position - Resolution No. 4263, lld) Temporary Access Road to Boat Ramp from Bluff Avenue llm) Huber Park Regrading and Restoration, and 13 c) Arena Scoreboard. Items deleted from Consent Business: llh) Vierling Drive, from CR 77 to CR 79 - Approve payment for R-O-W Acquisition, lli) Approval of Engineering Fees for Grading on Public Improvement Projects and for Grading Permits, and 11k) Authorization of Engineering Services for Upper Valley Drainageway Trail. Sweeney/Lynch moved to approve the Consent Agenda as modified. Motion carried unanimously. Sweeney/Lynch moved to approve Bills in the Amount of $395,490.80. (Motion carried under Consent Business) . Sweeney/Lynch offered Resolution No. 4263, A Resolution Amending Resolution No. 4149, Adopting the 1995 Pay Schedule for the Officers and Non-Union Employees of the City of Shakopee, and moved its adoption. (Motion carried under Consent Business) . Sweeney/Lynch moved to authorize the appropriate City officials to utilize the services of Scott County for the recruitment and selection process associated with the Recreation superintendent position classification. (Motion carried under Consent Business) . Sweeney/Lynch moved to take the temporary access Road to the boat ramp from Bluff Avenue off of the table. (Motion carried under Consent Business) . Official Proceedings of the August 1, 1995 Shakopee City Council Page -2- Sweeney/Lynch moved to direct staff to close the access road traffic off of Bluff Avenue and to install the necessary signs and other measures as recommended by the LCMIT and by staff. (CC Doc. No. 224) (Motion carried under Consent Business) . Sweeney/Lynch moved to direct staff to set up an administrative procedure to allow boats higher than eleven feet in height access off of Bluff Avenue. (Motion carried under Consent Business) . Sweeney/Lynch offered Resolution NO. 4266, A Resolution Amending Resolution No. 4136, Adopting the 1995 Budget. (Motion carried under Consent Business) . Sweeney/Lynch moved to authorize the purchase of a pavement management system from Braun Intertech. (Motion carried under Consent Business) . Sweeney/Lynch moved to authorize the purchase of a computer work station (to run the pavement management system) . (Motion carried under Consent Business) . (Total price for Pavement Management System, including the mapping ability, training and computer work station is $46, 311.00. ) Sweeney/Lynch moved to approve payment in the amount of $280. 00 to Joelle J. Sawvel for Easement No. 95-25 on Project NO. 1993-9, Downtown Alley Reconstruction. (Motion carried under Consent Business) . Bruce Loney stated that Bill Hauer, 1426 4th Avenue, has requested consideration for an assessment deferral on his parcel at the southeast corner of Roundhouse Street and 4th Avenue. He stated that there are two cases where the Council has the authority to grant deferred assessments and staff would recommend deferment for undeveloped land for a specified length of time only. Brekke/Beard moved to direct staff to prepare a deferred assessment agreement with William and Renelda Hauer for assessments associated with Sarazin Street, Roundhouse Street and 4th Avenue, Improvement Project No. 1994-10. Discussion ensued as to the age and requirements that must be met in order to qualify for the senior citizen deferment. William Hauer, 1426 4th Avenue, approached the podium and discussed a problem with the contractor working next to his property. Motion carried unanimously. (The agreement will be prepared for Council consideration when the special assessment resolution is considered for the project. ) Official Proceedings of the August 1, 1995 Shakopee City Council Page -3- Mayor Laurent abstained from discussion on the Approval of Engineering Fees for Grading on Public Improvement Projects and Grading Permits. Dave Nummer stated that the grading permit fees and engineering fees are not mutually exclusive of each other and can lead to a developer either being charged both fees, or being charged one fee or the other depending on when and how the grading is done. He explained that the fees are not being raised, but combining the fees would eliminate this problem. Discussion regarding the justification of fees ensued. Brekke/Lynch offered Resolution No. 4264, A Resolution Amending Resolution No. 4143 Adopting The 1995 Fee Schedule, and moved its adoption. Horest Grazer, Gold Nugget Development, approached the podium and stated that the only request he has is that the grading permit fee of $727. 50 for the Meadows West 2nd addition be refunded, since it will be included in a developer's contract and they will be charged $12, 000 to $13,000 for grading inspections. He stated that the grading plan for Meadows West 2nd Addition cost approximately $12, 500 to develop. The engineering fee for inspection is slightly less. There was very little work involved from the City other than in house review since Pioneer did the grading. He stated that he felt the inspection fee was excessive. In response to a question as to the intent of the resolution, Dave Nummer stated that the intent is to eliminate the current grading fees altogether and establish a fee for grading based on 7. 5% of the project costs. Motion carried unanimously with Mayor Laurent abstaining. . Brekke/Sweeney moved to direct staff to apply the new fee schedule to permits and developments currently under review which may include refunding some outstanding grading permit fees for plats currently under review. Motion carried unanimously with Mayor Laurent abstaining. Bruce Loney stated that after the approval of the plans for Fuller Street he has discussed with Jeff and Jim Monnens the benefit of extending sanitary sewer service on Fuller Street from the VIP It was then that staff discovered that the Moneys' were further along in their development plans and had purchased the Anderson property which changed their priorities for development. The Moneys ' have signed waivers and would like the sewer brought up Fuller Street to immediately serve their parcels as well as the Menaces. Official Proceedings of the August 1, 1995 Shakopee City Council Page -4- Mr. Loney explained that the City attorney has advised that the sewer alignment change can be made if waivers of appeal are obtained from the affected property owners who will have a larger assessment from the sewer improvement. He said that waivers and a notice of hearing have been sent to the affected property owners and all affected property owners have indicated a willingness to sign the waivers. Brekke/Beard moved to direct staff to make the necessary plan changes to route the sanitary sewer on Fuller Street and obtain the necessary waivers from the affected property owners. Jim Monnens, 1006 Dakota Street, approached the podium and stated that he is interested in the proposal to extend the sewer past his property frontage. Motion carried unanimously. Beard/Brekke moved to remove the Proposed Zoning Ordinance Text Amendment, Revision to the Conditional Use Permit Standards for Industry Zones from the table. Motion carried unanimously. Beard/Brekke moved to accept the withdrawal of the request for a text amendment to Section 11.88, Subd. 2 (S.3) from Fischer Aggregates, Inc. Discussion as to the intent of the motion ensued. Karen Marty stated that since they made their application based on the existing ordinance they would be forced to re-do their entire application and provide new topographical information. If the ordinance is changed and they have not yet submitted topographical information, they can do it under the new ordinance. Motion carried unanimously. Sweeney/Beard moved to direct staff to prepare an amendment to Section 11. 88, Subd 2 (S. 3) to require topographic information to distance equal to the maximum depth of the end use plan for the mine divided by the maximum roadway grade allowed by ordinance, or 300 feet, whichever is greater. Where the end use of the mine is a reservoir or pond, the depth for purposes of determining the topographic requirements shall be measured from the floor of the mine. Where environmental or unique topographic features exist additional topographic information may be required. These features include, but are not limited to wetlands, public waters, sensitive groundwater areas, steep slopes and bluffs, and sensitive land uses such as cemeteries. Motion carried unanimously. Official Proceedings of the August 1, 1995 Shakopee City Council Page -5- Beard/Sweeney moved to authorize the purchase of 2 .27 acres of property from the School District for $13, 200 per acre. Discussion followed. Motion carried unanimously. Bruce Loney stated that the City of Savage is currently designing drainage improvements for the Klaas VanZee development and is requesting the City of Shakopee to consent to include Shakopee's area in the sizing of storm sewer pipes and ponds. A separate agreement would be necessary for flow rate and cost participation. The total cost to Shakopee for the storm sewer and pond oversizing is estimated to be $20, 000.00. Discussion regarding the stormwater drainage needs for the Eagle Creek Bluff Development ensued. If the drainage from this development needs to be included in the oversizing of the storm sewer which the City of Savage is designing at this time, Cncl.Sweeney asked if the developer could be assessed for the costs. Brekke/Sweeney moved to direct staff to respond to the City of Savage' s letter dated July 14 , 1995, and agree to having Savage accommodate the City of Shakopee's flow and indicate a willingness to pay the City of Shakopee's oversizing costs up to a maximum of $20, 000. 00 Karen Marty stated that if there is desire to special assess this project it is necessary to go through the assessment hearing prior to entering into any contract for the construction as State law requires the hearing before entering into a contract. She suggested tabling discussion. Brekke/Sweeney moved to amend the motion to add the language, " assuming that Shakopee can reach a cost reclamation agreement with the property owner" . Discussion regarding benefit to the neighborhood ensued. Motion carried unanimously. Motion carried unanimously on main motion as amended. Sweeney/Lynch moved to authorize the appropriate City officials to execute the agreement with Orr-Schelen-Mayeron & Assoc. to design the trail revisions from CR 79 to Vierling Drive for a cost not-to- exceed $1,700.00. Motion carried unanimously. Sweeney/Lynch moved to use the existing trail alignment and reconstruct portions of the trail that are under water at normal water levels of the pond and flatten the slopes wherever possible to meet AD regulations. Motion carried unanimously. Official Proceedings of the August 1, 1995 Shakopee City Council Page -6- Sweeney/Lynch moved to award the Shakopee Civic Center project bid packages to the lowest responsive bidders as noted in the summary provided by Greystone Construction Co. dated July 26, 1995 and authorize the appropriate City officials to execute contract documents accordingly. (CC Document No. 225) (Motion carried under Consent Business) . Sweeney/Lynch moved to direct staff to regard and restore Huber Park as outlined in the memo from the Public Works Director dated August 1, 1995. (CC Document No. 226) (Motion carried under Consent Business) . Sweeney/Lynch offered Resolution No. 4262, A Resolution Of The City Of Shakopee, Minnesota, Relating To The Sale Of Land To The Minnesota Department Of Transportation For TH. 101. and moved its adoption. (Motion carried under Consent Business) . Sweeney/Lynch offered Resolution No. 4265, A Resolution Of The City Of Shakopee, Minnesota, Relating To Repayment Of Loan From The Metropolitan Council right-of-way Acquisition Loan Fund, and moved its adoption. (Motion carried under Consent Business) . Sweeney/Lynch offered Resolution No. 4261, A Resolution Accepting Work On The Public Works Parking Lot, Improvements, Project No. 1994-9, and moved its adoption. (Motion carried under Consent Business) . Sweeney/Lynch moved to authorize the appropriate City officials ,to purchase the Decktronics scoreboard from Aim Electronics in an amount not to exceed $4, 963 .80. (Motion carried under Consent Business) . Sweeney/Lynch moved to declare the former Valley Ice arena scoreboard surplus property and direct the City Administrator to dispose of it accordingly. (Motion carried under Consent Business) . Liaison reports were given by Councilmembers. Mayor Laurent gave the Mayor's report. Mayor Laurent asked if anyone present wished to speak to any item not on the agenda. There was no response. The next C.O.W. meeting was scheduled for August 16, 1995 at 4 : 30 P.M. Mayor Laurent recessed at 11: 16 P.M. for an Executive Session to discuss matters covered under attorney-client privilege and labor negotiations. Official Proceedings of the August 1, 1995 Shakopee City Council Page -7- Mayor Laurent re-convened the meeting at 12:00 a.m. Sweeney/Beard offered Res. No. 4267, A Resolution of the City of Shakopee, Minnesota, Commenting Further in Opposition to the Placement of 580 Acres of Land Into Trust Status by the Bureau of Indian Affairs, United States Department of Interior, and moved its adoption. Motion carried unanimously. Beard/Brekke moved to authorize the Mayor of the City of Shakopee to issue the appropriate letter to go with Resolution No. 4267. Motion carried unanimously. Sweeney/Lynch moved to authorize the appropriate City officials to sign the contract with the police officers when prepared. Motion carried unanimously. Sweeney/Brekke moved to authorize the appropriate City officials to sign the clerical-technical union contract when prepared. Motion carried unanimously. Mayor Laurent adjourned the meeting to Tuesday, August 8, 1995 at 5:00 P.M. The meeting adjourned at 12:04 P.M. ?c4tiC 'GI)( ,Naith S. Cox ty Clerk Esther TenEyck Recording Secretary OFFICIAL PROCEEDINGS OF THE SHAKOPEE CITY COUNCIL ADJ.REG.SESSION SHAKOPEE, MINNESOTA AUGUST 8, 1995 Acting Mayor Sweeney announced that there was not a quorum and adjourned the meeting to August 1S 1995, the second meeting of the month. Also present: Dennis R. Kraft, City Administrator; Karen Marty, City Attorney; and Judith S. Cox, City Clerk. kttidk())- . L udith S. Cox City Clerk SCOTT COUNTY OFFICE OF THE ADMINISTRATOR COURTHOUSE 110 SCOW 428 HOLMES STREET SOUTH SHAKOPEE, MN 55379-1382 (612) 496-8100 GARY L. CUNNINGHAM Fax: (612)496-8180 COUNTY ADMINISTRATOR August 23, 1995 Mr. Dennis Kraft Shakopee City Administrator 129 South Holmes Shakopee, MN 55379 RE: Appointment of Manager to the Prior Lake/Spring Lake Watershed District Board Dear Mr. K#t: -)K.v)v)\ S Pursuant to Minnesota Statute §112.42 and the Scott County policy on Citizen Appointments to Scott County Advisory Boards and Committees (Resolution No. 89030 adopted April 11, 1989), the Board of Commissioners of Scott County is requesting your nominations for the appointment of a manager to the Prior Lake/Spring Lake Watershed District Board of Managers. Gerald Meysembourg has indicated his need to resign from the Board of Managers, when a replacement is found. In accordance with Minnesota Statute §112.42, no person shall be appointed who is not a voting resident of the watershed district, and none shall be a public officer of the County, State or Federal government, except that a soil and water conservation district supervisor may be appointed as a manager. The Board of Commissioners requests that you submit your recommendations for this appointment as soon as possible. Please contact your County Commissioner or submit your recommendation to this office. Thank you for your attention to this matter. Very truly yours, v � Gary L. C nningham County ministrat cc: County Commissioners Barbara Johnson, Prior Lake/Spring Lake Watershed District File: Prior Lake/Spring Lake Watershed District An Equal Opportunity/Safety Aware Employer (.\, -1 V • . .---D(2"VvtA/2. c5v,,vV•A- . ID ks —' Ite- 4 'i4 August 14,1995 i FERRY BRIDGE F ST1VAL, * OCTOBER S&6l 45 NININININONION 4NMi4�j� ONTO;�llrt�l6 briir 40 Mayor Gary Laurent City of Shakopee 129 South Holmes Street Shakopee,MN 55379 ` Dear Mayor Laurent: • j After much anticipation,hard work and commitment by many people and communities,the big day is almost here:The New Bloomington Ferry Bridge will officially open to traffic on October 6, 1995! The future is promising. With the opening of the new bridge come greater opportunities for the entire southwest metro area. Traffic delays and time-consuming detours due to flooding are just about over. Easier access clearly means more development and economic growth for all. The Ferry Bridge Festival Committee has been working long and hard on planning a variety of exciting activities to celebrate the launching of the new bridge. The Festival will be held the evening of October 6 at Canterbury Park Racetrack. Watch for publicity surrounding the event to be released in the area newspapers in September. These activities have been designed to bring everyone together to celebrate the importance of this occasion and to thank them for their patience throughout the duration of the project. Positive attention will be focused on the area. In order to provide a celebration worthy of this historical event,we need your help. Many organizations,communities and businesses have generously committed to donate their time,talent and financial support so fad-but we still have many specific financial needs to be met. We would appreciate your considering a contribution of$1000;however,any amount contributed will help to assist u`s in defraying some of the costs involved. If you would Ise willing to participate in this multi-community effort,please send your check,payable to Ferry Bridge Fund,to the address shown below as soon as possibje or by Friday,September 15, 1998. Meanwhile,if you have any questions,please contact me at(612)445-9286. Thanking you in advance for your generous consideration. Sincerely, F"R BRIDGE F TIVAL COMMITTEE 44. t/ / , . in R.Albinson Fundraising Committee cc: Dennis Kraft FERRY BRIDGE FESTIVAL COMMITTEE •P.O.BOX 153 •SHAKOPEE, MN 55374• (612) 446-5346 l0J FESTIVAL BUDGET Bloomington Ferry Bridge Grand Opening Expenses Transportation: -- Friday/Dignitaries to Ribbon Cutting (Donation) (1) -- High School Bands (Prior Lake/Bloomington) $800 Entertainment- Bands $2,500 -- Misc. groups at Festival © $100 each $2,000 Stationary/Invites/Printing $1,600 Postage $600 Insurance Banners $600 Canterbury Park Overhead Reimbursement (Donation) (2) Wine/Cheese Reception (Donation) (3) $500 (?) Public Relations Helicopter Rides (Donation) (4) Fireworks/Lazer Light Show $5,000 to $15,000 Advertising Placement/Community Events $3,000 Friday Lunch at Canterbury Inn $2,500 Commemorative Give-away Total— $18,600 to $29,100 1. Minnesota Valley Transit 2. Canterbury Park 3. (?) 4. (?) (Festbudg) 8/25/95 10k) Bloomington Ferry Bridge Grand Opening Cash Donations 6/1/95 thru 9/5/95 Fundraising Request Made $30,450 Date of Deposit Donor Amount 6/9/95 Belle Plaine Township $250 6/9/95 Jackson Township $250 6/23/95 Blakeley Township $50 8/14/95 Credit River Township $250 8/25/95 Scott-Rice Telephone Co. $200 8/25/95 LeFebvre & Sons $200 8/25/95 St. Francis Regional Medical Center $100 8/25/95 Wheeler Consolidated $100 8/25/95 Scott County Economic Dev. Coalition $500 8/29/95 Shakopee Crossings $1,000 - 8/31/95 Scott County Abstract and Title $50 8/31/95 Krass Monroe Moxness&Gibson $100 8/31/95 C. H. Carpenter Lumber $250 8/31/95 Short-Elliott-Hendrickson $100 8/31/95 Northwest Asphalt $200 8/31/95 Elk River Concrete Products $200 8/31/95 Tsumura International $200 9/5/95 City of Prior Lake $1,000 9/5/95 Minnesota Valley Electric Coop $150 9/5/95 Shafer Contracting $1,000 Total Received— $6,150 NOTE: Waste Management has committed $300.00 per letter dated 8/25. Check to be received after 9/15. This amount is not included in the above total. (Ferry) (Cash Donations) (9/5/95) 12 CONSENT Memo To: Dennis Kraft, City Administrator From: Terrie A. Thurmer, Assistant City Planner acj • Date: August 3, 1995 Re: Vacation of the portion of the Spencer Street Right-of-Way, Located North of TH 101 and South of the Southerly Right-of-Way Line of the Alley in Blocks 1 and 2, Original Shakopee Plat. Introduction: In January of this year, Mr. Wallace Perry submitted a petition to vacate the portion of the Spencer Street right-of-way, located north of TH 101 and south of the southerly right-of-way line of the alley in Blocks 1 and 2, Original Shakopee Plat. The City Council held a public hearing on February 21, 1995, to consider this vacation request. However, they tabled their decision until the September 5, 1995, meeting to allow additional time to evaluate the proposal. Background: This vacation was requested in order to provide an additional 40 feet of property for Wild Iris and the Perry Dental Offices. The applicant wanted to provide additional parking stalls and to construct a decorative brick wall within the vacated right-of-way. A copy of the February 9, 1995, Planning Commission staff memo has been attached for your reference. Discussion: The City currently has a number of projects and studies underway which may benefit from City ownership of this right-of-way. These include the Downtown Riverfront Plan and plans for a major north/ south trail by Scott and Hennepin Counties. Due to the uncertainty of these studies, staff felt that it would not be in the best interest of the City to vacate this right-of-way with the possibility of having to purchase additional land in the near future. Staff was of the opinion that once these issues were resolved and the studies were completed, it could be determined that there was no further public use for this right-of-way, and the vacation may be acceptable. Therefore, the City Council tabled their decision for six months to allow time determine if more was known at that time and a recommendation to approve the vacation could be made. At the present time, it still appears that there is the possibility of a public use for this right-of-way. Alternatives: 1. Do not vacate the portion of the Spencer Street right-of-way located north of TH 101. 2. Vacate the portion of the Spencer Street right-of-way located north of TH 101 and south of the southerly right-of-way line of the alley in Blocks 1 and 2, Original Shakopee Plat, while reserving a drainage and utility easement for the existing utilities and the existing pedestrian trail over the portion of Spencer Street proposed for vacation. 1 3. Vacate the eastern 40 feet of the Spencer Street right-of-way, located north of TH 101 and south of the southerly right-of-way line of the alley in Blocks 1 and 2, Original Shakopee Plat, while reserving a drainage and utility easement for the existing utilities. 4. Table the decision request that staff and/or the applicant provide additional information. Planning Commission Recommendation: Due to the uncertainty of the studies discussed in the Planning Commission staff memo, the Planning Commission recommended Alternative No. 1 (the denial of the vacation request). The Planning Commission was of the opinion that it would not be in the best interest of the City to vacate the right-of-way at this time with the possibility of having to purchase additional land in the near future. Staff Recommendation: Staff recommends Alternative No. 1 (the denial of the vacation request). No additional information has been provided to allow staff to recommend the approval of this vacation request. Action Requested: Offer Resolution No. 4172, A Resolution Approving the Vacation of the Portion of the Spencer Street Right-of-Way Located North of TH 101 and South of the Southerly Right-of-Way Line of the Alley in Blocks 1 and 2, Original Shakopee Plat, and move its adoption. (If the City Council concurs with the recommendation of the Planning Commission to deny the vacation request, the City Council should vote against the adoption of this Resolution.) {I:\pc-boaa\cc\1995\vacspenc.905} 2 RESOLUTION NO. 4172 A RESOLUTION VACATING THE PORTION OF THE SPENCER STREET RIGHT-OF-WAY LOCATED NORTH OF TH 101 AND SOUTH OF THE SOUTHERLY RIGHT-OF-WAY LINE OF THE ALLEY IN BLOCKS 1 AND 2, ORIGINAL SHAKOPEE PLAT WHEREAS, an 80 foot wide by 142 foot long portion of right-of-way for Spencer Street was dedicated north of TH 101 and south of the southerly right-of-way line of the alley in Blocks 1 and 2, Original Shakopee Plat; and WHEREAS, it has been made to appear to the Shakopee City Council that the aforementioned portion of this right-of-way serves no public use or interest; and WHEREAS, the public hearing to consider the action to vacate was held in the Council Chambers of the City Hall in the City of Shakopee at 7:00 P.M. on the 21st day of February, 1995; and WHEREAS, two weeks published notice has been given in the SHAKOPEE VALLEY NEWS and posted notice has been given by posting such notice on the bulletin board on the main floor of the Scott County Courthouse, the bulletin board at the U.S. Post Office, the bulletin board at the Shakopee Public Library, and the bulletin board in the Shakopee City Hall; and WHEREAS, all persons desiring to be heard on the matter were given an opportunity to be heard at the public hearing in the Council Chambers in the City of Shakopee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1.) That it finds and determines that the vacation hereinafter described is in the public interest; 2.) That the 80 foot wide by 142 foot long portion of right-of-way for Spencer Street located north of TH 101 and south of the southerly right-of-way line of the alley in Blocks 1 and 2, Original Shakopee Plat serves no further public need; 3.) That all that part of the 80 foot wide by 142 foot long portion of right-of- way for Spencer Street located north of TH 101 and south of the southerly right-of-way line of the alley in Blocks 1 and 2, Original Shakopee Plat, Scott County, Minnesota, be, and the same hereby is vacated; 4.) That the approval of this vacation is contingent upon reserving a drainage and utility easement for the existing utilities and the existing pedestrian trail over the portion of Spencer Street proposed for vacation; and 5.) After the adoption of the Resolution, the City Clerk shall file certified copies hereof with the County Auditor and County Recorder of Scott County. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1995. Mayor of the City of Shakopee ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Memo To: Shakopee Planning Commission From: Terrie A. Thurmer, Assistant City Planner,—J Meeting Date: February 9, 1995 RE: Vacation of the portion of the Spencer Street Right-of-Way, Located North of TH 101 and South of the Southerly Right-of-Way Line of the Alley in Blocks 1 and 2, Original Shakopee Plat. INTRODUCTION The City has received a petition from Wallace D. Perry for the vacation of the portion of the Spencer Street right-of-way, located north of TH 101 and south of the southerly right-of-way line of the alley in Blocks 1 and 2, Original Shakopee Plat. The City Council will hold a public hearing on February 21, 1995, to consider this vacation request. A recommendation from the Planning Commission is needed for the vacation process. BACKGROUND Attached is a copy of the Zoning Map which shows the location of the portion of the Spencer Street right-of-way proposed for vacation. (See Exhibit A.) The portion of the right-of-way that is being considered for vacation is 80 feet in width and 142 feet in length. The land within Block 2 was acquired by the Minnesota Department of Transportation for right-of- way for the mini-bypass. Block 1 contains both commercial and residential uses. There is an existing alley within Block 1, and this alley provides access to the residential units located above the commercial structures. If the right-of-way were vacated, the alley would remain intact, and all adjacent property owners would continue to front a public right-of-way. DISCUSSION This vacation request is being made in order to provide additional parking area for Wild Iris and the the Perry Dental Offices, which are both located on Block 1. For a better understanding of the result of this vacation,the Planning Commission may want to refer to the attached Exhibit B. This exhibit provides the following information: 1.) Shows the location of the portion of Spencer Street being proposed for vacation, existing property lines, and existing land ownership; and 2.) Shows the result of the vacation of the portion of Spencer Street, the new property lines, and the resulting land ownership. All applicable utilities have been notified of this vacation request. Minnegasco, Northern States Power Company(NSP), and U.S. West telephone have commented that they have no facilities within the site, and have no objection to its vacation. As of this writing, Shakopee Public Utilities(SPUC) has not responded to the review for this vacation request. There is an existing watermain and a 15" sanitary sewer pipe located within the street proposed for vacation. The watermain is located within western portion of the right-of-way, and the sanitary sewer is located approximately in the middle of the right-of-way. However, if this portion of the Spencer 1 Street right-of way were to be vacated, a drainage and utility easement would need to be reserved over the entire 80 foot width of the right-of-way. There are a number of projects and studies currently underway at the City which may benefit from City ownership of this right-of-way, including the following: Existing Trail: The Minnesota Department of Transportation (MN DOT) has constructed a bituminous trail within the western portion of the Spencer Street right-of-way that is being proposed for vacation. This trail ' is intended to serve as a pedestrian access between the downtown area and Huber Park. Downtown Riverfront Design Plan: The City is currently in the process of planning Huber Park and the area adjacent to the Minnesota River. However, the final design has not yet been determined. It may be possible that once this design is completed, the subject site may be impacted and the right-of-way may be needed for either pedestrian or vehicular access to Huber Park. Non-Point Pollution into the Minnesota River: Recently, local cities have received mandates requiring stormwater ponding to assist in the clean up of the Minnesota River. Due to these mandates, stormwater ponds will be required to be constructed within the Huber Park area to filter the stormwater runoff. However, the number of the ponds that will be required, as well as their sizes and locations, have not yet been determined. Comprehensive Plan: Two of the goals of the "Parks, Open Space, and Trail System Plan"within the approved 1990 draft Comprehensive Plan are to: 1) Link the various municipal, county federal, and private outdoor recreation sites with paths for pedestrians and bicyclists; and 2) Create a recognition in the minds of local decision-makers that parks and trails are more than a luxury; they are an essential element of a broader strategy to promote municipal fiscal strength, private economic growth, and quality of life. There is also the possibility that this site may be necessary for a major north/south trail that is being planned,by Scott and Hennepin Counties. ROLE OF THE PLANNING COMMISSION Pursuant to MSA 462.356, the Planning Commission must review any proposed vacation and report to the City Council as to its compliance with the Comprehensive Plan. ALTERNATIVES 1. Recommend that the City Council deny the request to vacate the portion of the Spencer Street right-of-way located north of TH 101. 2 2. Recommend the vacation of the portion of the Spencer Street right-of-way, located north of TH 101 and south of the southerly right-of-way line of the alley in Blocks 1 and 2, Original Shakopee Plat, while reserving a drainage and utility easement for the existing utilities and the existing pedestrian trail over the portion of Spencer Street proposed for vacation. 3. Recommend the vacation of the eastern 40 feet of the Spencer Street right-of-way, located north of TH 101 and south of the southerly right-of-way line of the alley in Blocks 1 and 2, Original Shakopee Plat, while reserving a drainage and utility easement for the existing utilities. 4. Table the decision and request that staff and/or the applicant provide additional information. STAFF RECOMMENDATION Due to the uncertainty of the studies discussed above, staff recommends Alternative No. 1 (the denial of the vacation request). Staff believes that it is not in the City's interest to vacate property that may need to be repurchased in the near future in order to implement one or more of the previously mentioned plans or studies. However, once these issues are resolved and the studies are completed, it may be determined that there is no further public use for this right-of-way, and the vacation could be acceptable. Staff feels that it would not be in the best interest of the City to vacate the right-of- way at this time with the possibility of having to purchase additional land in the near future. ACTION REQUESTED Offer a motion to recommend to the City Council the denial of the request for the vacation of the portion of the Spencer Street right-of-way, located north of TH 101 and south of the southerly right- of-way line of the alley in Blocks 1 and 2, Original Shakopee Plat. (PLANCOMMI VACSPENC.FEB) 3 , Attn: Judy Cox City Hall City of Shakopee February 2, 1995 Attention Judy Cox: I am asking the city of Shakopee to vacate Spencer Street to the alley, which is east of my property on 1st Avenue. I will not be using this to build a building but I would like to improve the view from the highway by Installing a decorative block wall part way to the alley. This is an area that needs improvement as it is an eyesore in the summer with weeds, etc. I could also possibly park a couple of cars by putting crushed rock & black top up to the wall. The reason this street was closed was to eliminate one extra entrance to the highway, therefore making it safer. I plan on installing the wall this spring. I am sorry that I can't be an the meeting but I made plans to be away at this time in October, '94. Thank you, Wallace Perry CITY OF SHAICOPEE 834 S Lewis St FEB 3 1995 Shakopee MN 55379 Shakopee MN 55379 ECEIVE G EXHIBIT A .. 41:\ \ .4:/. • 1 Ua)1G 1 ... • HUB£R PAiilC 101111111 . I e. 2 Sti > vi ;i -' 1,1"i ci' c 551)Da ?it _� _- _sEcr .. fin_rril I (. 1 - -- 1 �;,..1 lini •1 11111/11 ...i. ..A.) i I 111110 . gO eitil I + . -------- 1.-- gat 77 AG AGRICULTURE VI 1 101 O RR RURAL RESIDENTIAL O R1A LOW DENSITY RESIDENTIAL tell !, _O RIB URBAN RESIDENTIALIii O RIC OLD SHAKOPEE RESIDEN i_.=.:L ' t'~ -' ihni O R2 MEDIUM DENSITY RESIDENTIAL ' = �� O R3 MULTIPLE FAMILY RESIDENTIAL I 1111;. O B1 HIGHWAY BUSINESS • 1.-1 B2 OFFICE BUSINESS al tI '- F'1 B3 CENTRAL BUSINESS i ili i p)+,,� -• O 11 LIGHT INDUSTRIALsilt = 12 14EAVY INDUSTRIAL �* I ilia ED MR MAJOR RECREATION .. r - v it V a iti. 1 O S SHORELAND • F FLOODPLAIN DISTRICTi 11 _ __ . ,____ffiv e_ ‘ - ".`A`.DATORI• P.:J A �•,, OVERLAY Zoning Map City of SHAKOPEE - \ t —EXHIBIT B \ \ _1. Highlighted area is the location of the Huber Park portion of Spencer Street being proposed City of Shakopee for vacation. Also shown are the existing property lines and the adjacent t' land ownership. u. A‘ 0' .. ., t flit ' �� ni-Bypass z :: 3 t . \\ . —oli ,, __ rn.....„,, 1st Avenue itilli 12.1LIII o 01111 si , s , ... ,.4, . mot c) 111112:„„, 411111 ..._.imiti* o $-... 1St _„.....-: diel"' "11.- zr o� v. Q cis L/3 vs `'' i lik 1 \----113 111 -6 it t ________________1 I \ \ _..... .,,>, -2. Shows the result of the vacation of the Huber Park - portion of Spencer Street, the new property lines, and the resulting land ownership. City of Shakopee 4 O v 1___---------i \ -------------,, .... ,,,, R , ...- _ A ln; Bypass o - 01 i I iii 0 j sr' lit 77173 ta 4ue en ��1 istAv tilt ..-„,,,,,s1 II, Ott V �/ . \________ij_3,7, tits O) H. . to _____L11-3,„ C„1 ._--, S :facis CONSENh ita� To: Dennis R. Kraft, City Administrator From: Tom Steininger, Chief of Police Date: August 23, 1995 Subject: Civil Defense Warning Siren INTRODUCTION: The Civil Defense Warning System used to alert citizens to natural or man made hazards which require them to seek shelter or take other measures to protect themselves needs to be expanded to keep up with development in the City. BACKGROUND: The present system, installed in 1977 was comprised of radio activated electro-mechanical sirens. This system was not enhanced until 1989 when a new electronic siren was installed near Shakopee Junior High School. In 1990 a new electronic siren was installed on top of the Scott County Courthouse to replace two older sirens in the downtown area which did not work and could not be repaired. The sirens installed near the Junior High School and on top of the Scott County Court House are Whelen Model WPS-2750 sirens. This Model has been replaced by upgraded Model WPS 2800-5 version which was installed in the Industrial Park and on County Road 78 about 500 feet west of County 17. The WPS 2800-5 Warning Siren meets the specifications necessary for it to be integrated into the existing City/County warning system. The new units are a great improvement over the electro-mechanical models. They have fewer moving parts and last longer. They are more reliable and have a back up battery which allows them to operate if their external power supply is interrupted. They also have a public address capacity which increases their usefulness. Shakopee and other cities using the electronic sirens are experiencing fewer malfunctions and false activations. This year, plans called for installation of a siren on Shenandoah Dr. just south of 4th Avenue. This siren would pick up where the siren in the Industrial Park near, the Toro Company, leaves off; providing protection to an area which is experiencing significant development and allowing two sirens servicing parts of that area to be relocated near K-Mart and west of C.S.A.H. 17 north of C.S.A.H. 14 . The cost of getting industrial power to these locations was found to be prohibitive and the plan was changed as follows: 1. Install a new siren west of C.S.A.H. 17 north of C.S.A.H. 14. 2 . Move an older siren from the Industrial Park to an area near Rubber Industries where industrial power is available. 3 . Install a smaller new siren near K-Mart in 1996. Informal quotes were obtained from Fesler's Inc. and from Front Line Plus Fire and Rescue. Several companies did not respond to our request for a quote. Copies of the quotes received are attached to this memo. Fesler's was low bidder: Front Line Plus Fire and Rescue - $12, 920 plus tax. Fesler's Inc. - $12,275 plus tax. There is money set aside in the 1995 budget to purchase and install this siren. ALTERNATIVES: 1. Purchase warning siren from Fesler's for $12 , 275 plus tax. 2 . Purchase warning siren from Front Line Plus Fire and Rescue for $12,920 plus tax. 3 . Do not purchase a siren. RECOMMENDATION: Alternative #1. ACTION REQUESTED: Authorize and direct the appropriate city officials to purchase a Whelen Model WPS 2800-5 Civil Defense Warning Siren from Fesler's, Inc. for $12, 275 plus tax and install it at a location west of County Road 17 and north of County Road 14 . ` Fes' ler's Inc. Post Office Box 99 - Highway 965 ' North Liberty, Iowa 52317 • Rhone (319) 626-6520 • I Fax (319) 626-2235 • i • • Date: 08/10/95 Agency: City of Shakopee • • , • Attn: Sgt 'Kaley 612-446-6666 • Mail: 476 Gorman Street FAX: 612-445 -2'313• Shakopee • MN 55379 •• • THE FOLLOWING IS FOR QUOTATION PURPO ES ONLY. NOT AN ORDiER. - • • . QTY: • DESCRIPTION: ! Price Each : • : PRICE: 1 Whelan model; WPS-2800-5 .- • • Omni-Directional Siren. (no motor on top) . (A) .5 Speaker Cell Unit (5-400 watt drivers) (B) Weather tight compartment for; • 5 Amplifiers. Battery charger Electronic component, I (C) 'Separate weather tight compartments • for 2 Deep Cycle Delco batteries. • (D) Local Microphone Jack Vol me control features panel mounted vol me knob, • microphone Jack and acme tipping •• Indicator. • (E) SO' of speaker cable • • (F) Pole top mounting bracket (3) Radio decoder and antenn e, radio frequency VHF hi band 155.745, • to be used on Scott County system , (H) DTMF format: • • $11,925.04 • $11,925.00 Estimated freight cost i1 . (may change by tittle of delivery • 50•0a 5350.00 Please specify address code at Sime of order. . Next sequence number by our records should be • 2005. , Current production schedule indicates shipping • 10-12 weeks from l date order is jreceived • i • . s • • i TOTAL P.e2 • FRONT LINE PLUS FIRE & RESCUE 8004 Aetna Ave. N.E. Monticello, Mn. 55362 Phone 1400-879-3177 Local Phone & Fax 1-612-295-3650 Date: 8114/95 Agency: City of Shakopee Phone:912445-6666 Attention: Sgt Kaley Police Dept Shakopee, Mn. 66379 THE FOLLOWING IS FOR QUOTATION PURPOSES ONLY. NOT AN ORDER. QTY: DESCRIPTION: PRICE: Whelan model: 1 WPS-3800-5 (119db). Omni-Directional Siren. (A)6 Speaker Cell Unit(3-400 watt drivers) (B)Weather tight compartment for. 8 Amplifiers Battery charger Electronic Components (C) Separate weather tight compartment for 2 lip Cycle Delco batteries. (D) Local Microphone Jack Volume control feature panel mounted volume knob, microphone Jack and audio clipping indicator. $11,025 1 Radio Receiver and Decoder DTMF Priced only at this time. $975.00 1 Noise eanealing microphone for on-site public address. $ 10.00 • 1 STPSS6 Diagnostic silent test,Si TEST $ 300.00 Estimated freight per siren $ 500.00 Installation, power pole,and materials to be supplied by the City of Shakopee. Site selection and clearing of right-of-ways is the responsibility of the city. CONSENT )(8b MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Recreation Non-Resident Fees - Jackson Township - Resolution No. 4283 DATE: August 16, 1995 INTRODUCTION: On August 15, 1995 the Shakopee City Council approved a new Recreation Contribution Policy for Jackson Township. This matter was discussed by the Jackson Township Board on the same date . The Jackson Town Board approved the policy with two minor changes . It would be appropriate at this time to consider amending the Jackson Township Contribution Policy to coincide with the position of the Jackson Township Board. BACKGROUND: On August 15, 1995 the Jackson Township Board met to review and approve a new Recreation Contribution Policy. The policy as submitted to City Council which was subsequently approved called for a Township Contribution of $10 . 00 for each recreation activity that Township residents ages 18 and over participated in. The Jackson Township Board would like this provision changed to reflect a $21 . 00 contribution directly by the residents participating in the program ages 15 and over. The policy as approved by City Council ran through December 31, 1997 . Jackson Township Officials would like the policy to be extended one additional year. Staff does not believe that the changes proposed by Jackson Township at their meeting will have any material effect on the revenues collected or the administration of the programs . Therefore, staff is recommending that Administrative Policy #238 be amended to reflect the changes as reflected by Jackson Township (See Attachment #1) . Staff would also like the Shakopee City Council to approved Resolution No. 4283 amending the 1995 fee schedule stating that the non-resident activity fee for Jackson Township residents ages 15 and over be increased to $21 . 00 (See Attachment #2) . I would also like to note that in our discussions with Jackson Township Officials, the issue of non-resident fees for the Shakopee Civic Center were discussed. The Jackson Township Board would like the City to allow access for their members to the facility at the City of Shakopee resident rate. The Shakopee Park & Recreation Advisory Board also discussed this issue at their July meeting. The Park Board also favors a definition of resident to include all persons living within the School District boundaries . The Park Board believes that since Jackson Township has agreed to participate in the contribution policy that they should have access to the facility at resident rates . The Park Board also believes that this will also serve to be in the best interest of the effected parties in terms of cooperation and community spirit . This issue will be presented for further discussion when the Civic Center fee schedule is presented to Council for final approval . ALTERNATIVES: 1 . Offer Resolution No. 4283 , A Resolution Amending Resolution No. 4143 Adopting the 1995 Fee Schedule. 2 . Approve the amendment to Administrative Policy No. 238 - Jackson Township Recreation Contribution Policy. 3 . Do not amend the 1995 Fee Schedule relating to the Township Recreation Non-Resident Fees at this time. 4 . Do not approve the proposed amendment to Administrative Policy No. 238 . 5 . Table action pending further information from staff . STAFF RECOMMENDATION: Staff recommends Alternative #1 and #2 . ACTION REQUESTED: 1 . Offer Resolution No. 4283, A Resolution Amending Resolution No. 4143 Adopting the 1995 Fee Schedule. 2 . Approve the amendment to Administrative Policy No. 238 - Jackson Township Recreation Contribution Policy. BAS/tiv - h: \word\tami\admin\8-17misc Attachment#1 ADMINISTRATIVE POLICY NO. 238 Jackson Township Recreation Contribution Policy 1. In 1995, Jackson Township will pay the City$10.00 for each recreation activity that their residents participated in between January 1, 1995 and July 31, 1995. Jackson Township will be invoiced by the City accordingly. 2. Effective August 15, 1995 and continuing through December 31, 1997 1998, Jackson Township -. - - _ - _ ., -,__ „ !,!! _• _ __ _ activity-that-416fresidents ages 4-4 16 and over .., •_ -. _. . _ - - • ' •- ' • -- - - • . - - -••_ . will be directly assessed a$21,00 non- resident activity fee at the time of program registration. 3. Beginning August 15, 1995 and continuing through December 31, 1997 1998, Jackson Township will pay to the City of Shakopee $21.00 for each Jackson Township participant age 4-7- 15 and under who participates in a City recreation program. The Township will be invoiced by the City accordingly. 4. By February 15th of each year the City will send Jackson Township officials a list of recreation program participants indicating what activities they participated in during the previous year and send an invoice for the appropriate amount. 5. The Jackson Township contribution policy outlined herein shall remain in effect through December 31,449-7 1998. Attachment#2 RESOLUTION NO. 4283 A RESOLUTION AMENDING RESOLUTION NO. 4143 ADOPTING THE 1995 FEE SCHEDULE WHEREAS, the City Council has adopted a Fee Schedule for the fiscal year, and WHEREAS, changing conditions and circumstances warrant amending the Fee Schedule. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA,that the 1995 Fee Schedule is hereby amended by adding the following: The non-resident fee of$21.00 per participant for Jackson Township residents (Ages 15 and under) will be covered by the Jackson Town Board effective August 15, 1995. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 5th day of September, 1995. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney il / 5c. i� TO: Dennis R. Kraft, City Administrator FROM: Tom Steininger, Chief of Police SUBJECT: Completion of Probation DATE: August 15, 1995 INTRODUCTION: Tracy S. Menden was hired October 3, 1994, as a part-time clerk typist I. BACKGROUND: New non-sworn personnel must complete six months of probationary employment. Ms. Menden has successfully competed this probationary training period as of April 3, 1995. During subsequent months she has completed training within the department and as mandated by the State of Minnesota. In June of 1995 Ms. Menden took the CJIS "Hot Files" Terminal Operators Certification Test and passed. She is now certified as a Full Access Terminal Operator. ALTERNATIVES: 1. Terminate Tracy S. Menden's probationary status. 2. Take no action. RECOMMENDATION: 1. Terminate Ms. Menden's probationary status. (-%n � I TO: Dennis R. Kraft, City Administrator FROM: Thomas L. Steininger, Chief of Police RE: Completion of Probationary Period DATE: August 24, 1995 INTRODUCTION: Employee John Flynn was appointed to the position of sergeant effective January 1, 1995. BACKGROUND: The appointment to sergeant is subject to a probationary period of six months after appointment. Sergeant Flynn has successfully completed his probationary period effective July 1, 1995. During this period Sergeant Flynn's performance has met and/or exceeded the required work standards. RECOMMENDATION: Appoint John M. Flynn to the full-time permanent position of police sergeant. COUNCIL ACTION REOUESTED: Appoint Sergeant John M. Flynn to the full-time permanent position of police sergeant. 15 ) MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock,Assistant City Administrator RE: Assistant Arena Manager Position DATE: August 25, 1995 INTRODUCTION: At a Committee of the Whole meeting in late July, staff presented to City Council a proposed organizational structure for the Recreation Department. The reorganization was premised on the relocation of the Recreation Department from the existing city hall facility to the new civic center. Staff is requesting Council approval to initiate the second phase of the plan. BACKGROUND: At the Committee of the Whole meeting in late July, City Council directed staff to advertise for the Recreation Superintendent position. Additionally, City Council requested staff to research whether or not any other arrangement could be set-up to manage the facility. In terms of the Recreation Superintendent,the application deadline has been set for September 15th. Staff expects that the position will not be filled until early November, or late October. With respect to other management possibilities for the Civic Center facility, I have not been successful in identifying other possible arrangements. I did contact Lifetime Fitness and Ogden Entertainment to determine if they might be interested in managing/operating our facility. Neither party responded favorably to my inquiry. Additionally, I discussed a possible arrangement with the Shakopee Hockey Association to manage the ice arena portion of the facility. They also did not express interest in this concept. Since the Recreation Superintendent position will not be filled until some time in late October, I would like to request City Council to consider authorizing the appropriate City officials to advertise for the Assistant Arena Manager position. Since the operating schedule for the ice arena varies dramatically from the traditional 8 to 4:30 work shift, I believe it is critical that we have a second person who is completely familiar with the operating systems in not only the ice arena but the entire facility. The Assistant Arena Manager position will primarily be responsible for insuring that the ice arena operations run smoothly. This position will also be responsible for scheduling the ice arena facility and managing personnel associated with the ice arena. I expect that the Assistant Arena Manager would also be required to work weekends during the hockey season. During the off season,the position responsibilities would follow the more traditional recreation programmer job responsibilities. A job description is shown in attachment#1. I should note that this is the one and only additional full-time position that is being recommended as a result of the new facility. The Asst. Arena Manager position carries a job point value of 70. (Comparable to our current Recreation Programmer Position) This equates to a 1995 pay range between$28,844 to $36,055. Shown in attachment#2 is Resolution No. 4284 amending the 1995 pay schedule to create the Asst. Arena Manager position. Staff is recommending that Resolution No. 4284 be approved at this time. If City Council approves advertising for the position,I expect that the position would not be filled until some time in December. Currently, a December 1st opening date has been tentatively scheduled for the ice arena. This leaves us with no additional staff on board for either the Recreation Superintendent position or the Asst. Ice Arena Manager Position until some time in November. While we have received tremendous interest in leasing time at our facility, I am concerned that I do not have time to schedule the facility ice hours. I have already completed the scheduling of the Shakopee High School Boys and Girls Teams as well as open skating hours for recreation purposes. However,the task of coordinating with the variety of other associations who have expressed interest requires more time then what I presently have available. Additionally,many of the association representatives who are in charge of scheduling ice time are difficult to reach during normal working hours. Recognizing that the Shakopee Hockey Association had previously operated the ice arena in Shakopee, I did contact them to determine if they would be willing to help us in scheduling the remaining ice arena hours between now and the end of this year. The Hockey Association stated that they would be willing to assist us in this endeavor. They do have several individuals who have experience in scheduling ice arena hours and a thorough understanding of the association needs. The Shakopee Hockey Association has indicated that they would be willing to perform the services for a cost not to exceed $500.00. I feel this is a tremendous bargain for the City and that we should proceed accordingly. Staff would therefore recommend that the appropriate City officials be authorized to execute an agreement by and between the City of Shakopee and the Shakopee Hockey Association to schedule the remaining ice time at the Shakopee Civic Center Rink through December 31, 1995. By January 1, 1996 I would hope that the Assistant Arena Manager position would be filled and that the individual hired would then take over the responsibility of scheduling ice hours. ALTERNATIVES: 1. Offer Resolution No. 4284, a Resolution Amending Resolution No. 4149 Adopting the 1995 Pay Schedule for the Officers and Non-Union Employees of the City of Shakopee. 2. Authorize the appropriate City officials to utilize the services of Scott County for the recruitment and selection process associated with the Assistant Arena Manager position. 3. Authorize the appropriate City officials to execute an agreement by and between the City of Shakopee and the Shakopee Hockey Association for scheduling ice time at the Shakopee Civic Center Arena between now and December 31, 1995 at a cost not to exceed $500.00. 4. Do not approve Resolution No. 4284. 5. Do not initiate the recruitment and selection process for the Asst. Arena Manager position classification at this time. 6. Do not utilize the services of the Shakopee Hockey Association to schedule ice time at the Shakopee Civic Center Arena. 7. Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends alternatives No. 1, 2 & 3. ACTION REQUESTED: 1. Offer Resolution No. 4284, a Resolution Amending Resolution No. 4149 Adopting the 1995 Pay Schedule for the Officers and Non-Union Employees of the City of Shakopee. 2. Authorize the appropriate City officials to utilize the services of Scott County for the recruitment and selection process associated with the Assistant Arena Manager position. 3. Authorize the appropriate City officials to execute an agreement by and between the City of Shakopee and the Shakopee Hockey Association for scheduling ice time at the Shakopee Civic Center Arena between now and December 31, 1995 at a cost not to exceed $500.00. Attachment #1 City of Shakopee Job Description JOB TITLE: ASSISTANT ARENA MANAGER EXEMPT: Yes JOB CODE: 70 SALARY LEVEL: DIVISION: RECREATION SHIFT: DEPARTMENT: COMMUNITY SERVICES LOCATION: EMPLOYEE: REPORTS TO: RECREATION SUPERINTENDENT PREPARED BY: BARRY A. STOCK DATE: 8\28\95 APPROVED BY: DATE: SUMMARY: Direct daily operation of Ice Arena including scheduling, programming and marketing. Direct and perform preventive and ongoing maintenance of ice sheet and related equipment . Conduct recreation programming activities as assigned. ESSENTIAL DUTIES AND RESPONSIBILITIES include the following. Other duties may be assigned. Facilitate and promote the rental of ice and dry floor arena activity; schedule/contract for ice use. Assist in the preparation of the operating budget for the arena, propose fees appropriate to meet budgetary requirements. Plan, implement, direct and manage preventative maintenance program for all arena equipment. Develop and supervise concession operations for the arena. Schedule staff to insure adequate supervision of arena in meeting program needs . Performs supervision activities related to seasonal Recreation Department employees including work task assignment, recruitment and selection, and performance review. Assists in developing, coordinating and promoting recreation programs and facility scheduling. Develops and updates program policies including employee manuals and performance expectations. Interprets recreation service to public and participates in community meetings and organizational plan. - 1 - JOB DESCRIPTION Job Title: ASSISTANT ARENA MANAGER Investigates, documents and responds to complaints relating to recreation programs . SUPERVISORY RESPONSIBILITIES: Carries out supervisory responsibilities associated with seasonal recreation employees in accordance with the organization' s policies and applicable laws. Responsibilities include interviews, hiring and training seasonal employees; planning, assigning and directing work; appraising performance; addressing complaints and resolving problems. QUALIFICATION REQUIREMENTS: To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. EDUCATION and/or EXPERIENCE: Bachelor' s Degree (B.A. ) in Parks and Recreation from four year college or university and two years experience in ice arena operations/maintenance. LANGUAGE SKILLS: Ability to read and interpret documents such as safety rules, operating and maintenance instructions, and procedure manuals. Ability to write routine reports and correspondence and draft operating procedure manuals associated with a wide variety of recreation programs. Ability to speak effectively before groups of customers or employees of organization. MATHEMATICAL SKILLS: Ability to add, subtract, multiply, and divide in all units of measure, using whole numbers, common fractions, and decimals. Ability to compute, ratio, and percent and to draw and interpret bar graphs . REASONING ABILITY: Ability to apply commonsense understanding to carry out instructions furnished in written, oral, or diagram form. Ability to deal with problems involving several concrete variables in standardized situations . CERTIFICATES, LICENSES, REGISTRATIONS : Must possess valid Minnesota Drivers License. - 2 JOB DESCRIPTION Job Title: ASSISTANT ARENA MANAGER PHYSICAL DEMANDS : The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. While performing the duties of this job, the employee is regularly required to stand; walk; sit; use hands to finger, handle, or feel objects, tools, or controls; reach with hands and arms; climb or balance; stoop, kneel, crouch, or crawl; and talk or hear. The employee is occasionally required to smell . The employee must occasionally lift and/or move up to 50 pounds . Specific vision abilities required by this job include close vision, distance vision, color vision, peripheral vision, depth perception, and the ability to adjust focus. WORK ENVIRONMENT: The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. While performing the duties of this job, the employee occasionally works near moving mechanical parts and in outside weather conditions and is occasionally exposed to wet, cold and/or humid conditions. The noise level in the work environment is usually moderate to loud. - 3 - ATTACHMENT#2 RESOLUTION NO. 4284 A RESOLUTION AMENDING RESOLUTION NO. 4149, ADOPTING THE 1995 PAY SCHEDULE FOR THE OFFICERS AND NON-UNION EMPLOYEES OF THE CITY OF SHAKOPEE WHEREAS, on December 20, 1994, the Shakopee City Council adopted Resolution No. 4149 approving the 1995 pay Schedule for the Officers and Non-Union Employees of the City of Shakopee; and WHEREAS, certain conditions and circumstances have changed to make it desirous to amend the 1995 pay Schedule for the Officers and Non-Union Employees of the City of Shakopee at this time. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Shakopee, Minnesota,that the Assistant Arena Manager position classification is hereby added to the Pay Schedule for the Officers and Non-Union employees of the City of Shakopee at the following pay steps: Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 $28,844 $30,647 $31,548 $32,449 $33,351 $34,252 $35,153 $36,055 Adopted in Regular Session of the City of Shakopee,Minnesota held this 5th day of September, 1995. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney CONSENT 13 MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Civic Center Furnishings, Fixtures and Equipment DATE: August 21, 1995 INTRODUCTION: On July 24, 1995 the Shakopee City Council in a Committee of the Whole meeting requested staff to solicit help in acquiring the necessary furnishings, fixtures and equipment associated with the Civic Center Project. BACKGROUND: Staff has obtained a proposal from Greystone Construction to manage a number of the furnishings, fixtures and equipment items for the Shakopee Civic Center Project. (See attachment#1) Greystone Construction will perform the work as outlined including the generation of equipment specifications,proposal solicitation, evaluation and final recommendation for purchasing. Greystone will also coordinate scheduling and equipment installation. Greystone Construction proposes to perform the work as outlined for a cost not to exceed $5500. This equates to approximately 3.6%of the equipment cost. Staff believes that the proposal as submitted by Greystone Construction is reasonable. I should note that several of the items identified by Greystone will be handled by staff(ie. telephone system, gymnastics equipment). Staff will be adding a few items to Greystone's list including scoreboards, sound systems and window treatments. Greystone has stated that their cost quotations will remain constant irregardless what else might be added to the list. Staff would like to recommend that Greystone Construction be utilized to manage the procurement of furnishings, fixtures and equipment items associated with the Shakopee Civic Center Project. ALTERNATIVES: 1. Do not utilize the services of Greystone Construction for the procurement of furnishings, fixtures and equipment items for the Shakopee Civic Center Project. 2. Approve the use of Greystone Construction to manage the procurement of furnishings, fixtures and equipment items for the Shakopee Civic Center Project at a cost not to exceed$5500. 3. Direct staff to solicit other proposals for the procurement of furnishings, fixtures and equipment items for the Shakopee Civic Center Project. 4. Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends alternative#2. ACTION REQUESTED: Approve the use of Greystone Construction to manage the procurement of furnishings, fixtures and equipment items for the Shakopee Civic Center Project at a cost not to exceed $5500. 40"14, 111"kilt. Tom"ik OloVu1 /'1 i T t� kimr.vir a I uPri r• CONSTRUCTION COMPANY Mr.Barry Stock Assistant Administrator City of Shakopee 129 S.Holmes Street Shakopee,MN 55379 August 17, 1995 Re: FF and E Procurement Shakopee Civic Center Dear Barry: Greystone Construction Company proposes to manage the procurement of FF and E items for the Civic Center. Greystone will generate specifications, solicit proposals,evaluate proposes,make recommendations to the City staff, schedule and coordinate installation. Greystone fee for this work will be$5,500.00. . Furniture,Fixtures and equipment remaining to be purchased: Item Budget • Security system 15,000.00 • P.A. System 15,000.00 • Gymnasium-balls,racks, etc. 4,000.00 • Volleyball nets, standards, inserts,pads 5,000.00 • Concession equipment 8,000.00 • Wrestling room wall mats 6,000.00 • Hockey start up equipment 11,000.00 • Gymnasium equipment 30,000.00 • Tennis court nets 3,600.00 • Exercise equipment 20,000.00 • Office furniture 20,000.00 • Telephone system 15,000.00 Total 152,600.00 Greystone Fee 5,500.00 Total Budget 158,100.00 1111 1221 East Fourth Avenue, Suite 110 Equal Opportunity Telephone: 612-496-2227 Shakopee Minnesota 55379 Employer/Contractor Fax : 612-445-4191 Equipment included in contract to date: • Basketball backboards and pads • Gymnasium divider curtain • Wrestling room divider curtain • Ballfield backstops • Trophy/Display cases • Lockers and locker room benches Equipment donated to date: • Two wrestling mats • Ice resurfacer Other FF and E items which may be considered: • Mat storage racks • Batting cages • Pitching machines • Ball field-dug out fences • Ballfield benches Please review the lists above and make additions and changes as necessary. Sincerely, Kevin W. O'Brien President KWO/dq CONSENT MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock,Assistant City Administrator RE: Civic Center Project- Proposal Packages#6D, 6E, 6F, 6H, 6I, 6J, 6K& 6L DATE: August 25, 1995 INTRODUCTION: Originally,bid package#6 for the Shakopee Civic Center Project which was bid out as one potential contract. After reviewing the bid package it was determined that it would be more cost effective to break the specialty items out into smaller packages and receive cost quotations. Greystone Construction has received cost quotations for the specialty work items identified herein. BACKGROUND: Attached is a correspondence from Greystone Construction summarizing a variety of specialty items. At least two cost quotations have been received for each specialty item category. Staff is recommending approval of the contractors as noted in the summary provided by Greystone Construction Co. ALTERNATIVES: 1. Move to award the Shakopee Civic Center Project Packages 6D - 6L to the lowest contractors as noted in the summary provided by Greystone Construction dated August 24, 1995 and authorize the appropriate City officials to execute contracts accordingly. 2. Table action pending further information from staff. 3. Rebid or delete certain packages as deemed appropriate. STAFF RECOMMENDATION: Staff recommends alternative#1. ACTION REQUESTED: Move to award the Shakopee Civic Center Project Packages 6D - 6L to the contractors as noted in the summary provided by Greystone Construction dated August 24, 1995 and authorize the appropriate City officials to execute contracts accordingly. kilicr,ir a I Lfl e CONSTRUCTION COMPANY August 24, 1995 Barry Stock Assistant City Administrator City of Shakopee 129 Holmes Street Shakopee,MN 55379 Re: Shakopee Civic Center Bid Package 6, Specialty Work Dear Barry: We recommend the award of contracts for bid package number 6 specialty work based on the lowest responsive firms identified on the attachment. Quotes for this work were received during the past sixty days. The lowest responsive proposal for each category of work is listed on the attached tabulation sheet. We propose issuing purchase orders for categories involving material only. Please call me with any questions. Sincerely, *191R-3.-21— Mikl J. Parsons Project Manager ENCLOSURE- summary/tabulation,bid package 6 specialty work cc: Rob O'Brien, Paul Dahlberg, file 1221 East Fourth Avenue, Suite 110 Equal Opportunity Telephone: 612-496-2227 Shakopee Minnesota 55379 Employer/Contractor Fax : 612-445-4191 Shakopee Civic Center, Shakopee, MN Owner: City of Shakopee SUMMARY-recommendation for bid package 6 specialty items M L L&M 6 d, 10100 Visual display boards Neal Slate - - $ 8,995 installed,tax included $ 8,995 Addendum Ten - - $ 13,930 installed,tax included Recommend buying material and installation from Neal Slate. e. 10170 Toilet/shower partitions- requoted w/o shower stalls H&B-8/2 quote Sanatana PolyMar $ 23,650 installed,tax included Stanton,quote 7/19/95 $ 24,189 installed,tax included Trovehl $ 27,618 installed,tax included Bartley Sales-Comtec(Sanatec) $ 17,630 material,tax included $ 17,630 G.F.Cook 08/10/95 quote $ 4,327 installation only $ 4,327 Recommend buying material from Bartley Sales and installation from G.F. Cook. 6.r, 10350 Flagpoles Nicklas Co.-Morgan Francis $ 842 - - material only,tax included $ 842 Bartley Sales American $ 864 - - material only,delivered,w/tax G.F.Cook 08/10/95 quote - $ 1,072 - installation only $ 1,072 Recommend buying material from Nicklas Co. and installation G. F. Cook. CI. 10400 Signage Sign Solutions - - $ 2,040 installed,tax included $ 2,040 Bartley Sales - - $ 4,036 material,delivered,w/taxes ASI-quote,with Cohan - $ 5,307 installed,tax included Recommend buying material and installation from Sign Solutions. 6 k. 10500 Lockers JGC Equipment Co.-Lyons,knock down,standard duty $ 22,100 installed,tax incl, DOESN'T MEET SPEC JGC Equipment Co.-Lyons $ 26,990 installed,tax incl, DOESN'T MEET SPEC Primary Eq.-New Delta Lcr-adm#1 $ 24,950 material and sales tax $ 24,950 Primary Eq.-New Delta Lcr-adm#1 $ 8,100 installation,benches&freight JGC Equipment Co.-Lyons,welded, heavy duty $ 34,945 installed,tax included Nystrom $ 35,161 installed,tax included H&B-Republic $ 37,900 installed tax included JGC Equipment Co.-Lyon,welded, expanded metal $ 42,300 installed,tax included Haldeman-Homme-DeBourgh $ 45,864 installed,tax incl.,22 weeks Recommend buying material and installation from Primary Equipment. I I 6 t, 10520 Fire extinguishers&cabinets Nardini $ 1,240 material only,tax included $ 1,240 G.F. Cook 08/10/95 quote $ 932 installation only $ 932 Bartley Sales $ 1,566 material,delivered,w/taxes Recommend buying material from Nardini and installation G.F.Cook. 6'3. 10750 Telephone enclosures-2 each Phillips&Brooks $ 1,284 material $ 1,284 Bartley Sales-ASI telephone end $ 1,329 material,delivered,w/taxes Stanton-ASI telephone encl $ 2,097 material,delivered,w/taxes G.F. Cook $ 381 installation only $ 381 Recommend buying material from Phillips&Brooks and installation G.F.Cook. 6 k 10810 toilet accessories Phil Hutchenson $ 7,683 material only,tax included $ 7,683 Bartley Sales-ASI Toilet Acces. $ 8,712 material,delivered,w/taxes Trovhel-Bradley $ 9,560 material only,tax included H&B- Troy/mp 7/28 $ 9,700 material, delivered w/tax Stanton Bdg Spec-Bill Uhlmann $ 9,936 material,delivered w/tax G.F. Cook 08/10/95 $ 4,520 installation only $ 4,520 H&B installation labor $ 5,795 installation, cost plus NTE Recommend buying material from Phil Hutchenson and installation G.F. Cook 6 I. 12690 floor mats Floor mats -2 each Bartley Sales-US mats/frames $ 2,758 material, delivered,w/taxes $ 2,758 G.F. Cook $ 339 installation only $ 339 Recomend buying material from Bartley Sales and installation by G.F. Cook Pag 1 i fI ��ONSENT /8-L MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock,Assistant City Administrator RE: Civic Center Project -Bid Package#8 -Metal Roofing and Framing DATE: August 25, 1995 INTRODUCTION: On June 21, 1995 bids were received and opened for metal roofing and framing system work for the Shakopee Civic Center Project. The construction manager has reviewed the bids and is recommending that a contract be awarded. BACKGROUND: Attached is a correspondence from Mike Parsons, Greystone Construction regarding Bid Package#8 -Metal Roofmg and Framing System Work. The correspondence includes a summary describing the bid package. Two bids were received. Greystone Construction is recommending that the metal roofing and framing system work for the Shakopee Civic Center Project be awarded to M.G. McGraff Inc. ALTERNATIVES: 1. Move to award the Shakopee Civic Center Bid Package#8 -Metal Roofmg and Framing System Work to M.G. McGraff Inc. and authorize the appropriate City officials to execute contract documents accordingly. 2. Table action pending further information from staff. 3. Rebid the metal roofing and framing system work bid package. STAFF RECOMMENDATION: Staff recommends alternative#1. ACTION REQUESTED: Move to award the Shakopee Civic Center Bid Package#8 -Metal Roofing and Framing System Work to M.G. McGraff Inc. and authorize the appropriate City officials to execute contract documents accordingly. �.,t ,llr•"rlr► "* VIAE 211rdrik PI ♦ ArIlik i T Ws% iHr1TaI JfW1 CONSTRUCTION COMPANY August 22, 1995 Barry Stock Assistant City Administrator City of Shakopee 129 Holmes Street Shakopee, MN 55379 Re: Shakopee Civic Center Bid Package#8 Work Dear Barry: We recommend the award of contract for Bid Package #8, Metal Roofing & Framing System Work,to M.G. McGrath Inc. Bids for this work were received on June 21 , 1995. The lowest responsive bid was submitted by M.G. McGrath Inc, totaling $53,968. The projected budget for the metal panel work was $ 97,500. A bid tabulation sheet is attached. This recommendation follows the resolution of alternate north entrance support schemes. Please call me with any questions. Sincerely, "P‘e Mild J. arsons Project Manager cc: Rob O'Brien, Paul Dahlberg bp8recd.doc 1221 East Fourth Avenue, Suite 110 Equal Opportunity Telephone: 612-496-2227 Shakopee Minnesota 55379 Employer/Contractor Fax : 612-445-4191 E E< f k M � 2 % kr) el V) A Q J CV \ ƒ 0/ / \ \ <4 \ � Sk % tt Baa / O. ƒ/ t 6,64 / @ ® © 3 g w e / / 0) § \ 2 / ( H 0 < < U \ \ �_ ` U00 4 N k ui tu \ \ k / / \ �-8' u = 0 4 2 _ 0 2 8 2 I b / � ) 0 7 00 % 22O 0 ® _ > \ § n n f § a 4 / / � Q = * $ & \ Q \ / U 3 f 43 'S° • \ z CI § � ` 2 � � � � - \ 9OA bp.- O.-o (NI = \ r7k � 2 a \ \ § § 2 / / / k < < a ›-• k\ \ jk .0 ` 0 Q§ $ 2 * S \ - w ± * 8 a £ » I ) \ 7 b ƒ ƒ / / = a 2 \ SOA • ¥ g 0 CD/ N . - ID s = w / 0e $ k § C' C $ } a 4 • = - _ \ \ § a 2 V. a44aE _ / / E\ \ o. , t2 \ \ \U \ \ CONSENT l � TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: 1995 Auditor Authorization DATE: August 17, 1995 Introduction Council authorization to execute a contract for 1995 audit services is requested. Background Council has retained the firm of Deloitte and Touche for three previous years. The firm is rotating personnel assigned to the job to keep getting a "new look" at the material. There was a new junior staffer on the job last year and there will be a new senior staffer on the job this year. The policy of the firm is that the manager will change at the 5 year point and the partner at the 7 year point. All together there is at least six people at the firm involved in reviewing the city financial report. Deloitte and Touche is proposing a fee for 1995 of $16,750. The fee for last year was $15,950. One change is the possibility of needing to do a federal grant audit of the money received for COPS Fast and the storm drainage ponding in Memorial Park. The rate quoted for that work is $50 per hour with estimated hours of 30 to 60 depending on the amount of work needing to be done. Alternatives 1. Accept the proposal of Deloitte & Touche. 2. Negotiate a new amount and or services with Deloitte. 3. Solicit new proposals. Recommendation Alternative number 1. Staff was very satisfied with the performance of Deloitte and Touche and believes that Council was also. Action Requested Move to accept the proposal of Deloitte and Touche for the provision of audit services for the 1995 fiscal year in the amount of $16,750 plus $50 per hour for auditing federal assistance grants and authorize the appropriate city official to execute a contract for the 1995 audit services. A 13j CONSENT Attached is a print out showing the division budget status for 1995 based on data entered as of 8/30/95 . CITY OF SHAKOPEE EXPENSES BY DEPARTMENT 08/31/95 CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 11 MAYOR & COUNCIL 69,450 3,585 35,735 51 12 CITY ADMINISTRATOR 220,940 11,310 116,884 53 13 CITY CLERK 122,470 9,795 77,304 63 15 FINANCE 303,390 18,042 206,495 68 16 LEGAL COUNSEL 212,090 37,405 156,257 74 17 PLANNING 464,430 36,056 243,656 52 18 GENERAL GOVERNMENT BUILDINGS 148,120 9,729 81,032 55 31 POLICE 1,495,760 102,234 931,242 62 32 FIRE 410,240 16,189 193,322 47 33 INSPECTION-BLDG-PLMBG-HTG 197,780 12,954 118,341 60 41 ENGINEERING 357,100 25,140 208,364 58 42 STREET MAINTENANCE 784,180 34,553 323,587 41 44 SHOP 112,120 8,219 62,871 56 46 PARK MAINTENANCE 292,420 20,325 180,470 62 61 POOL 136,580 23,078 81,059 59 64 RECREATION 239,580 21,246 157,891 66 91 UNALLOCATED 128,270 823 23,555 18 TOTAL GENERAL FUND 5,694,920 390,684 3,198,066 56 as:a:ss sa: 17 PLANNING 467,160 11,576 204,582 44 TOTAL TRANSIT 467,160 11,576 204,582 44 19 EDA 119,080 3,208 52,850 44 TOTAL EDA 119,080 3,208 52,850 44 a a a a a a a a a a a a a a a a a a a s a F H H H H H H H H H H H H H H H H H H H H rl 0 CI a i O a w U H 10 N CO N N N N N N N N N N N N M 01 dt in o N N N W W 1n W 1!1 in in IA In IA IA In 141 1A IA W N N N M M M M M M M M M M M M m M M M O 0 0 M M M M M M M M M M M M eft M •0M M M H 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 In O to O O O O O o O O O O O O O 0 0 0 0 0 N 0 N 0 0 0 *C O 0 0 r-I r1 e-1 ri r-I r1 ri O t-1 r-I ri y-I M CO M 0 o ri ri r1 Cl N N N N N N N M N N N N N Cl W a1 CO N Et Cl Cl W M M M M M M I"1 dt M M M M r-I dt r-I M M m MTr 'd' Nil .dt II eft .0 1, dt dt eft 441. eft 441eft N Vt N eft eM 4:111 I I I I 1 I I I I I I I I I 1 I I 1 1 1 O rl rI N H r 1 r1 ri W r-♦ r1 rI H ri r 1 ri N r-I N ri r1 H U 10 t0 r1 N r1 ri 141 N M M M to N N I', r1 r1 r1 %II ri W O rl H t0 dr Cl eft ri r1 M rl r1 ri ri Cl r1 a1 t0 01 t0 dt H a' 0 0 t0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O 0 0g e4 Z 0 O O a Z y U a la Do z p� pp�� pp�� �q p� ppqq �q pp�� pp�� pp�� xxppq� U Z Z Z Z 7. 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A w g DD A c z (� CTI E P OG r 6 a VI Hd ,7r Cl) Cc' Cel 0 PI >4 A iE-1 gcl D�1 Al CD H A Cl) Di AMM H Z In E Z a j a z V1 tclC0 El CI W Pc u A � VI N a 0 PI H VI 14 Vri d• U1 0 r-1 In N 0 0 O 0 0 g 0 ri H N N N M v-I Iv) d' CO d, W 0 v rI d• NI, w d' N N N N CO C.) H at at at at at at It a It at at It U 0 • D4 k. D4 D'r 14 D4 D4 p+ D4 D4 114 D4 1 ' LN 1 M EMO RAN D U M TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Pawnbroker's Employee License - Julian White DATE: August 29, 1995 INTRODUCTION: The City has received an application for an employee license from an applicant desiring to work in a pawnshop licensed in the City of Shakopee. BACKGROUND: Julian Bond White has submitted an application for an employee license to work at Shakopee Check Cashing and Pawn. The Police Department has conducted the customary license investigation on Mr. White. The investigation disclosed nothing to preclude issuing an employee license to Mr. White. ALTERNATIVES: a] Grant a license b] Deny a license c] Table the application for additional information RECOMMENDATION: Staff recommends alternative "a", grant a license. RECOMMENDED ACTION: Approve the application and grant a pawnbroker's employee license to Julian Bond White, Shakopee Check Cashing and Pawn, 1147 Canterbury Road. TO: Judy Cox, City Clerk FROM: Tom Steininger, Chief of Police SUBJECT: License Investigation DATE: 08 16 95 Detective Forberg has conducted a background investigation into the application for a pawnbroker's employee license submitted by Julian Bond White, D.O.B. 09 19 71. He discovered nothing to preclude issuing the license as requested. CONSENT jQ5 TO: Mayor and Council FROM: Dennis R. Kraft, City Administrator Gregg Voxland, Finance Director RE: 1996 EDA Tax Levy Consent Resolution No. 4286 DATE: August 30, 1995 Introduction Attached is Resolution Number 4286 which consents to the EDA tax levy. Background State law provides that the city may levy a tax at the request of the EDA. Accordingly, the attached resolution is provided for Council action. Action Offer Resolution Number 4286, A Resolution Levying A Tax At The Request Of The Economic Development Authority For The City Of Shakopee, and move its adoption. RESOLUTION NO. 4286 A RESOLUTION LEVYING A TAX AT THE REQUEST OF THE ECONOMIC DEVELOPMENT 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. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the City Council consents to and joins in a tax levy of $102, 394 by the Economic Development Authority for the City of Shakopee for taxes payable in 1996 . Adopted in session of the City Council of the City of Shakopee, Minnesota held this day of , 1995 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form City Attorney /J6 TO: Dennis Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: 1996 Proposed Budget Resolution DATE: August 30, 1995 Introduction Attached is Resolution Number 4287 which sets the maximum proposed 1995/96 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. 1995. Tax Levy The proposed maximum tax levy for 1995/96 is a total levy of $2,959,134 including a debt service levy of $244,863. The levy last year was $2,805,925 including $242,654 for debt service. The increase in the gross levy is $153,209 or 5.5%. It is estimated that new construction would provide 5.9% tax increase. The decision to reduce the levy can be made at a later date because it is the maximum proposed levy being adopted now. General Fund 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 General Fund Budget total draft amount of $5,901,630. The budget is not fixed and the Fire Department budget can be changed following the township meeting if desired. The Recreation Department budget is now part an enterprise fund and can be changed at any time. If Council adopts this resolution on 9/5, there is no need to meet on 9/15. If this is tabled until 9/15, the documents have to get to the County Auditor before 4:30 on the 15th. Alternatives 1. Adopt resolution as drafted. 2. Increase or decrease amounts for tax levy or budget in the resolution. 3. Table to 9/15. Action Offer Resolution Number 4287, A Resolution Setting Proposed Maximum 1995 Tax Levy, Collectable In 1996, and move its adoption. RESOLUTION NO. 4287 A RESOLUTION SETTING PROPOSED MAXIMUM 1995 TAX LEVY, COLLECTIBLE IN 1996 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, COUNTY OF SCOTT, MINNESOTA, that $2, 959, 134 (after reductions for HACA aid) 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. BE IT FURTHER RESOLVED, that the proposed appropriations for the General Fund Budget for 1996 is $5, 901, 630 . BE IT FURTHER RESOLVED, that the public hearing for the tax levy is November 29, 1995 with the continuation date of December 6, 1995 . 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 1995 . Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form City Attorney CONbLi\ri15 MEMO TO: Dennis R. Kraft, City Administrator FROM: Bruce Loney, Public Works Director d SUBJECT: Authorization of Engineering Services for a Flood Study on the Minnesota River in the Vicinity of Huber park DATE: August 30, 1995 COUNCIL MEETING DATE: September 5, 1995 INTRODUCTION: This item is to consider authorizing Orr-Schelen-Mayeron & Assoc. (OSM) to perform a HEC-2 Flood Study for the Minnesota River in the vicinity of Huber Park. A study is required by the Department of Natural Resources (DNR) and Lower Minnesota River Watershed District (LMRWD) in order to evaluate the impact of the fill placed in Huber Park within the Minnesota River floodplain by the City of Shakopee. BACKGROUND: The City of Shakopee has placed fill in Huber Park over the past several years within the regulatory flooding of the Minnesota River. Attached to this memo is a letter from Pat Lynch, DNR Are Hydrologist, stating the DNR's concern and outlining the steps necessary to obtain a conditional use permit. Part of this conditional use permit process, is for the City to perform a HEC-2 Flood Study to determine what impact the fill may have in regard to an increase of the flood stage and possible increase in flood damages to properties upstream from Huber Park. The LMRWD is in agreement with the DNR on this issue. Attached also to the memo is a memorandum from Pete Willenbring of OSM on the work scope and associated cost estimate to complete the necessary HEC-2 Flood Study. The total cost to perform the study is estimated not-to-exceed $5,000.00. This cost is based on if the new 169 Mini Bypass bridge cross sections have not been included in the model. If the 169 bridge cross sections have been included in the DAIR model, the only cross sections needed are those in the vicinity of Huber Park and the study cost would be less. The HEC-2 model is from the DNR and updating the model and performing the hydraulic analysis is the responsibility of the City in order to obtain a conditional use permit from the DNR. This work needs to be done to resolve the filling issue with the DNR and LMRWD and will provide answers on what grading work can be done for future Riverfront redevelopment plans. ALTERNATIVES: 1. Move to authorize the appropriate City officials to execute an agreement with OSM to prepare a HEC-2 Flood Study on the Minnesota River in the vicinity of Huber Park for a cost not-to-exceed $5,000.00 and authorize payment from the Storm Sewer Utility Fund. 2. Do not authorize the Engineering services. 3. Table for additional information. RECOMMENDATION: Staff recommends Alternative No. 1, to authorize OSM to perform the Flood Study and for payment of Engineering services to be made from the Storm Sewer Utility Fund. ACTION REQUESTED: Move to authorize the appropriate City officials to execute an agreement with Orr- Schelen-Mayeron&Assoc., Inc.to prepare a HEC-2 Flood Study on the Minnesota River in the vicinity of Huber Park for a cost not-to-exceed $5,000.00 and to authorize payment from the Storm Sewer Utility Fund. BL/pmp HEC-2 ScheOA SVL Orr len a 300 Park Place East 612-595-5775 Myeron& 5775 Wayzata Boulevard 1-800-753-5775 Memorandum Associates,Inc. Minneapolis,MN 55416-1228 FAX 595-5774 C To: Mr. Bruce Loney, Director of Public Works 0 ,, A/ City of Shakopee, MN a"0s 2 'C% 319 " c� From: Peter R. Willenbring, P.E., Ma ager 't® 9a' Water Resources Department �� Date: August 21, 1995 Re: HEC-2 Flood Study for the Minnesota River in the Vicinity of Huber Park As a follow-up to your request, we have investigated the work effort associated with completing a HEC-2 study for the Minnesota River in the vicinity of Huber Park to determine the impact of the placement of fill in this location. Generally speaking, the following activities will be required for this work effort: Task 1. Obtain existing HEC-2 hydrologic model for the Minnesota River within this reach. Task 2. Review model for accuracy. Verify cross sections in this reach to reflect the most current activity relating to the mini-bypass bridge installation. Task 3. Adjust cross sections to reflect placement of fill in Huber Park and installation of bridge, if necessary, and determine impact of fill placement based on a before-and- after analysis. Task 4. Present results of modeling effort in a technical memorandum and provide supportive documentation via the HEC-2 model output. Task 5. Submit information to the City of Shakopee and/or DNR and provide support as necessary to address issues brought to the attention to the City by the DNR. Because we are not certain of the condition of the existing HEC-2 model in the vicinity of the Minnesota River, exact costs cannot be provided. However, provided that the model that currently exists does reflect the mini-bypass bridge being in-place and the only model cross section adjustments that are required are limited to the fill placement in the park area, we would estimate the cost for this effort to be between $2,000 and $3,000. If the existing bridge is not in place, the cost for this effort could approach $5,000. Please be advised, we have ordered a copy of the model and should be able to give you a better idea of the costs after completion of Task 2. The cost through Task 2 should not exceed $1200.00. If you have any questions the scope of work, please do not hesitate to contact me at 595-5767. H:\LASrWR\BJF\WATER\PRW\MEMOS\950822.BL Engineers • Architects • Planners • Surveyors �n STATE TATE OF LI�JLJ�J � �©tlnl DEPARTMENT OF NATURAL RESOURCES METRO WATERS, 1200 Warner Road, St. Paul, MN 55106 PHONE NO. 772-7910 FILE NO 71, August 4, 1995 C/ rO i4116. '�opoo 1 Mr. Bruce Loney �S /�� $ 9* City of Shakopee C�i / p 129 South Holmes Street Shakopee, Minnesota 55379 �S RE: HUBER PARK, MINNESOTA RIVER FLOODWAY, SCOTT COUNTY Dear Mr. Loney: Thank you for meeting Larry Samstad (Lower Mlnnesota River WSD) and me at Huber Park on Monday, July 31, 1995 to discuss past and potentially future filling in the floodplain of the Minnesota River. As you know, the watershed district and the DNR have expressed concern over the past several years regarding the continued placement of fill within the regulatory floodway of the river. The floodway is defined as the channel of a river and the adjacent land areas which must remain open in order to discharge the base (100 year) flood. The floodfringe is the balance of the floodplain outside of the floodway. State standards, as well as watershed district rules, require that fill in the floodplain cannot result in obstruction of flood flows or increase in the stage of the 100-year flood or cause an increase in flood damages in the river reach affected. These standards also state that placement of fill in the floodway is allowable only as a conditional use. As part of the conditional use permit process, an applicant must provide documentation that proposed fill will not result in stage increase and/or increased flood damages. To do this, the city must revise the HEC-2 step-backwater model that was utilized for the original flood study in Shakopee. That original analysis and study was completed in 1978. Please refer to the Flood Insurance Study and accompanying maps that I trust you have on file in city hall. In order to evaluate the impacts of the fill that has been placed to date, as well as ultimate fill needs in Huber Park, you must secure a copy of the HEC-2 model, and modify the cross-sections accordingly. I reviewed the floodway map, and note that cross-section Q is located very near the fill section. It may be necessary to insert additional cross-sections between cross-sections Q and P. See the enclosed copy of the floodway map for their locations. Topographic data will be required at the cross-sections. It is advisable to model both existing and AN EQUAL OPPORTUNITY EMPLOYER Bruce Loney August 4, 1995 page 2 ultimate desired conditions to determine if future development plans in the Huber Park area are acceptable from a floodplain management perspective. To obtain a copy of the HEC-2 model, and guidance as to the data requirements necessary for the analysis, please contact Jim Solstad, DNR Surface Water hydrologist, at 296-4800. You may also wish to discuss the matter again with Larry Samstad, engineer for the Lower Minnesota River Watershed District at 445-7993. Thank you for your continued cooperation in this matter. On a related note, I do not have objection to the grading and capping of the existing fill area as we talked about on-site July 31, provided the slopes are flattened south (away from the river) , and provided you understand that should the hydraulic analysis indicate unacceptable stage increase because of the fill, some material may have to be removed from the floodway in the future. Concurrence with your proposal to control erosion and establish manageable slopes does not constitute DNR approval of the conceptual Downtown Area Riverfront Project Master Plan you forwarded to me under your July 12, 1995 cover. Please call me at 772-7910 if you have questions. Sincerely, Patrick J. L nch III Area Hydrolo ist enclosure c: Larry Samstad, Lower Minnesota River WSD Jim Solstad, DNR Surface Water Hydrologist Tom Lutgen DNR Floodplain Hydrologist . ,,...._.... ., S:50, — .i • . . . . • ‘ --I 1 ,. , 1 i ... \ 0 .„,41:-...: • . ir;,-.•'- :., •-7.---......, v.,. ( ts, 1:"*.to snekeifilk - ,17.14..11- ' Aer ^- i 110VM 1°10 ita -..;.....111111111111111111 OA. _-. ...wanew‘'' .71 tirrAill , MEP vn c, S3 V41 01-4 , IT -• Iiiiitill^*IN—c— 1 [ .. . i • 1 M. • • \ i / rn A z 10 1, • - ...1 ,,,,, 1 C 6 1 • --_—;— \. Q tk...I' 1 . • , \\\\ gel \ . 0 " 1 I \---'1-- • A G , _ 1 %‘\ -4" (--;-. \_..., ____ , P • ‘ \\ '' A = ......* CITY\7'LN \ \ \ , OF 5HAKOP z•-•"-----. s A . ., r13)117 _ coorA _. %Ott_. L'Affilleg. ‘\ -{.• ) -_. 1-4 2 ,_... (...4:r KE.61 ) 4 H/ ''.._' : -...1-:: :: 7 ;7 \\ i 111 1 -,-- \\ . .-. ,1 • ' ')\._ — :•;,, I; i ! !' 1 ! I\ \1 130 MEMO TO: City Council FROM: Dennis R. Kraft, City Administrator SUBJECT: Vierling Drive Right of Way Acquisition DATE: September 1, 1995 COUNCIL MEETING DATE: September 5, 1995 INTRODUCTION: On August 1, 1995, the City Council authorized the purchase of 2.27 acres of property from the School District for the construction of Vierling Drive. The Council also directed staff to make an offer to the School District of$13,200 per acre. In response to the City's offer, the School District has proposed another option. Staff is seeking Council direction on this issue. BACKGROUND: The School District has proposed to sell the right of way needed for Vierling Drive to the City for $17,500 per acre, and to reimburse any additional City expenses which would result from the sale. The current Special Assessment Policy specifies that the local street equivalent is assessed for collector streets such as Vierling Drive. This assessment rate applies to the right of way acquisition as well. The local equivalent for the right of way is 60 feet wide, and the right of way needed for the collector street is 80 feet wide. According to the Special Assessment Policy, the City would be assessing 60/80 (75%) of the right of way costs,with the remaining 25%being funded by the City. The City costs which would be incurred by purchasing the right of way for $13,200 an acre are $7,491.00. The City costs incurred by purchasing the right of way for $17,500 an acre are $9,931.25. Thus the additional City cost due to the price of the right of way is $2,440.25. The School District has agreed to reimburse this amount to the City if the right of way is purchased at the $17,500 per acre price. A related issue has arisen since the August 1st Council meeting. The existing stormwater pond on the School District property adjacent to the proposed Vierling Drive alignment will have to be enlarged to accommodate additional runoff from the roadway project. Staff is recommending that an easement be acquired from the School District for the increased pond size. This will accommodate construction, as well as allow the City c:\dos\vierrow2.doc access to the pond for future maintenance. The drainage easement needed for the pond and one additional field catch basin is 0.97 acres. ALTERNATIVES: 1. Purchase the 2.27 acres of right of way from the School District for $17,500 per acre with the School reimbursing the City $2,440.25. 2. Purchase the right of way from the School District for$13,200 per acre. 3. Purchase the right of way from the School District for some other price. 4. Purchase the right of way from the School District for $17,500 per acre, and have the School District dedicate the drainage easements to the City at no cost. 5. Purchase the drainage easement from the School District at the same cost per acre as the right of way. RECOMMENDATION: The purchase price for the right of way and the drainage easement is a policy decision, and staff has no recommendation. The School District has indicated that Alternative 1, 4 or 5 would be acceptable. ACTION REQUESTED: Provide direction to staff on the right of way and easement acquisition. c:\dos\vierrow2.doc p MEMO TO: Dennis R. Kraft, City Administrator FROM: Bruce Loney, Public Works Director ,afr SUBJECT: Easement Acquisition for St. Francis Regional Medical Center Project No. 1995-2 DATE: August 31, 1995 COUNCIL MEETING DATE: September 5, 1995 INTRODUCTION: The City needs to acquire utility easements for the sanitary sewer and trunk watermain extension to the St. Francis Regional Medical Center (SFRMC). Two property owners have agreed to an offer made by staff in which the offer letters are attached for Council review. This item is for Council review and consideration to authorize the payment for the easements. BACKGROUND: City Project No. 1995-2 requires easements from four parcels. Attached are letters outlining offers to Ms. Sharron Bernhagen and Mr. &Mrs. Eugene Hauer, for the sanitary sewer and watermain easements along with easement maps.. The offer summary to each property owner is as follows: 1. Permanent Watermain Easement acquisition price was based on $65,000/acre or $1.50/square foot. Bernhagen's Easement = $18,850.00 Hauer's Easement = $22,100.00 2. Permanent sanitary sewer easement adjacent to County State Aid Highway (CSAH 17)would be granted to the City at no cost. 3. Temporary easements for the watermain and sanitary sewer construction will be granted at no additional cost to the City. The watermain alignment is located 1/4 mile east of CSAH 17 along a section line, however ownership of the parcels is on both sides of the section line and the watermain will cut through the parcels, thus the property owners feel compensation of the easement is justified. These parcels are zoned Agricultural and are within the Municipal Urban Service Area (MUSA), or institutional MUSA. These parcels are shown to be zoned Commercial on the City's Comprehensive Plan recently submitted to the Metropolitan Council for review. The property owners have indicated receiving offers to purchase the property of $65,000.00 per acre. A formal appraisal has not been authorized for easements acquisition, however, staff did consult with appraisers and real estate agents and the $1.50 per square foot price for commercial property within MUSA is acceptable. The City did pay $2.70 per square foot for commercial property along Roundhouse Street, Project No. 1994-10. Easement acquisition costs will be included as a project cost for trunk watermain and assessed to the benefiting property owners on the project. The total amount of compensation for both easements is $40,950.00. The property owners have asked for four conditions with the granting of the easements as follows: 1. The top 2 feet of the topsoil shall not contain rocks or gravel. Topsoil shall be placed to the same thickness that exists currently. 2. Temporary easement area for the watermain installation shall be restored for spring planting by April 1, 1996. 3. If not restored for spring planting by April 1, 1996, a damage payment of$300.00 shall be paid to the owners. 4. Property stakes to be replaced in road and in field. Staff feels these conditions can be accommodated without to much difficulty and these conditions can be incorporated in the plans and specifications for Project No. 1995-2. ALTERNATIVES: 1. Approve the payment of$18,250.00 to Ms. Sharron Bernhagen and $22,100.00 to Mr. and Mrs. Eugene Hauer for the execution of permanent and temporary easements for Project No. 1995-2, St. Francis Regional Medical Center sanitary sewer and trunk watermain improvements. 2. Deny the easement acquisition offer and make a new offer. 3. Deny the easement acquisition offer,request for a right of entry from the property owners and initiate eminent domain proceedings to determine the compensation of the easements. 4. Table this item for additional information. RECOMMENDATION: Staff recommends Alternative No. 1, approving the payments of $18,250.00 to Ms. Sharron Bernhagen and $22,100.00 to Mr. and Mrs. Eugene Hauer for permanent and temporary easements as outlined in the attached letters. Staff believes the property acquisition price is reasonable since the parcels are within the MUSA line and are designated to be zoned Commercial when the Comprehensive Plan is approved. ACTION REQUESTED: Approve the payment of $18,250.00 to Ms. Sharron Bernhagen and $22,100.00 to Mr. and Mrs. Eugene Hauer for the execution of permanent and temporary easements for Project No. 1995-2, St. Francis Regional Medical Center sanitary sewer and trunk watermain improvements. BL/pmp SFRMC i3 P Ati AtkwAE N't SHAKOPEE August 22, 1995 Ms. Sharron Bernhagen 11080 Oregon Curve Bloomington, MN. 55438 Re: Utility Easements for PID # 27-918007-0 & 27-918008-0 Dear Ms. Bernhagen: This letter is a follow-up of our phone conversation of August 22, 1995, with regard to acquiring the above referenced easements The offer from the City is to purchase the permanent watermain easement for $65,000 per acre ($1 50 per square foot), and have you dedicate at no cost the permanent sanitary sewer easement as well as the temporary easements for the watermain and sanitary sewer. I have enclosed the legal descriptions, as well as the easement documents for your review. A summary of the offer is as follows: Permanent Watermain Easement 0.29 acres x $65,000 per acre = $18,850.00 This offer equates to approximately $1.50 per square foot. You have previously indicated that the property was worth $65,000 per acre ($1.50 per square foot). Permanent Sanitary Sewer Easement 0.0301 Acres x $0.00 = $0.00 When your property is developed, a right of way dedication of 75 feet will be required adjacent to County Road 17 This Sanitary Sewer Easement lies within the area which will be dedicated as right of way in the future, and the City is not willing to pay for this easement. Temporary Easement Watermain - 0.29 Acres x $0.00 = $0.00 Sanitary Sewer - 0.878 Acres x $0.00 = $0.00 The area within these temporary easements is needed for construction purposes, and will not place an encumbrance on the property after the construction is completed. These areas will be restored at no cost to the property owner COMMUNITY PRIDE SINCE 1857 129 Holme Street Scsutt Shakopee,Minnesota 55379-1351 . 612-445-3650 • FAX 612-445-6718 h:\wor ocs n lgn oc Please note that this offer made by City staff as a negotiation, and is contingent upon approval by the City Council. If you are in agreement with this offer, please sign this letter, and return it to my attention. I will be taking this item to the City Council for consideration as soon as the offer is returned. Payment will be made upon the execution of the easement documents. If you have any questions on the offer or the approval process, please contact me at 445-3650. Sincerely, David M. Nummer Staff Engineer \I:kt Sharron C. Bernhagen .�-- 09; /9 9-.5- to h:\worddocs\brhgn2 doe AI SHAKOPEE August 22, 1995 Mr. Eugene Hauer 2088 Hauer Trail Shakopee, MN. 55379 Re: Watermain Easement for PID # 27-907013-0 Dear Mr. Hauer: This letter is a follow-up to phone conversation of August 22, 1995 with regard to acquiring the above referenced easements. The City is willing to offer to purchase the permanent watermain easement for $65,000 per acre, and have you dedicate at no cost the temporary easements for the watermain and sanitary sewer. I have enclosed the legal descriptions, as well as the easement documents for your review A summary of the offer is as follows: Permanent Watermain Easement 0.34 acres x $61,000 per acre = $22,100.00 This is the per acre price that the City has offered property owners on this project. This price is assuming that you are willing to dedicate the temporary easements at no cost. Temporary Easement Watermain - 0.30 Acres x $0.00 = $0.00 Sanitary Sewer - 0.146 Acres x $0.00 = $0.00 The area within these temporary easements is needed for construction purposes, and will not place an encumbrance on the property after the construction is completed. These areas will be restored at no cost to the property owner. Please note that this offer made by City staff as a negotiation, and is contingent upon approval by the City Council. If you are in agreement with this offer, please sign this letter, and return it to my attention. I will be taking this item to the City Council for consideration as soon as the offer is returned. Payment will be made upon the execution of the easement documents. If you have any questions on the offer or the approval process, please contact me at 445-3650. COMMUNITY PRIDE SINCE 1857 129 Holmp$Street SQuth Shakopee,Minnesota• 55379-1351 . 612-445-3650 • FAX 612-445-6718 h\woraaocsrlautrl clot Sincerely, David M. Nummer Staff Engineer Eugene auer /7irginia Hauer Date h.\worddocs\hauer2 doc . � -- _I_ r 9 S. LINE N1'2 - ,4 - I ..‹ NE1,4 - NEI,4 ---/ . I O rI.. CP - -�?-qy 0 n UP5/2 L...tv. 4. 'I 1 v . •.0. N • 1 A o Nb /�� . OP 1 IJy$`�1D1 'mu, .1 1 Y N „I rp:7 111 Vlb o.o N IMPimeg: 8214 � mm..r ••' ` II�yi r..'.:L: b 1 .711 D� ..... . p N ��• t... oam •; ��^ 9. 1 I 1 • � l 11 IQ i u• y .t 4I1-','1:,) >I s:. ^7~ IL. 1° 1 ' n 13AVL0 ,1 Ih _ 17 1 I . - \ 1 i 1.): '"') . 1 1 .."..*7`.... I 1 I - I 1 • +. • . INI[ J0 C Z 3 1 n . t v • • I lsod 000A/% 381x S. n PI . .l.. -N. 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Kraft, City Administrator RE: Filling Planning Department Vacancies DATE: September 5, 1995 INTRODUCTION: Currently, there are a number of vacancies in the Planning Dept. and the Economic Development Coordinator is serving as the Acting Planning Director. The Committee of the Whole has reviewed preliminary plans for reorganization of these functional areas as part of the 1996 Budget creation process. The Planning Department is currently operating with only two of its six budgeted positions filled and the use of the Economic Development Coordinator and interns. DISCUSSION: The City Administrator has identified Paul Bilotta as the preferred candidate for the Planning Director position and is proposing that he be promoted to the position of Planning Director at Step 3 of the 1995 Pay Plan ($45,014). The Planning Director position was funded in the 1995 Budget at $51,444. Mr. Bilotta is currently the Economic Development Coordinator and has been serving as the Acting Planning Director. Staff would also like to begin the process necessary to fill two entry-level, Planner I positions to replace the budgeted Planner II and Planning Tech positions. ALTERNATIVES: 1. Promote Paul Bilotta to the position of Planning Director at Step 3 of the Pay Plan, effective September 3, 1995. 2. Do not promote Paul Bilotta to the position of Planning Director. 3. Direct staff to initiate the process necessary to begin filling two Planner I positions. 4. Direct staff not to initiate the process necessary to begin filling two Planner I positions. STAFF RECOMMENDATION: Staff recommends alternative 1 and 3. ACTION REQUESTED: 1. Move to promote Paul Bilotta to fill the Planning Director position at Step 3 of the approved Pay Plan, effective September 3, 1995. 2. Direct staff to initiate the process necessary to begin filling two Planner I positions. CONSENT 4/ MEMO TO: Dennis Kraft, City Administrator FROM: Terrie A. Thurmer, Assistant City Planner • RE: Initiate Vacation of Drainage and Utility Easements DATE: August 14, 1995 -Introduction The attached Resolution No. 4280 sets a public hearing date to consider the vacation of drainage and utility easements located within Cretex Industrial Park 1st Addition. The easements proposed for vacation are the 10.00 foot wide drainage and utility easements located along the north 295.02 feet of the west 10.00 feet of Lot 2 and Lot 3 of Block 1, Cretex Industrial Park 1st Addition. Discussion The City has received a petition for the vacation of two 10 foot wide drainage and utility easements. The drainage and utility easements proposed for vacation are located along the north 295.02 feet of the west 10.00 feet of Lot 2 and Lot 3 of Block 1, Cretex Industrial Park 1st Addition. This request is being made to correct an error in the legal description for a vacation that was approved in August of 1994. The attached resolution sets a public hearing for October 3, 1995. On that date, comments from staff members and utilities, as well as a recommendation from the Planning Commission, will be presented to the City Council for their consideration Action Requested Offer Resolution No. 4280, A Resolution Setting the Public Hearing Date to Consider the Vacation of the 10.00 foot wide drainage and utility easements located along the north 295.02 feet of the west 10.00 feet of Lot 2 and Lot 3 of Block 1, Cretex Industrial Park 1st Addition, and move its adoption. {I-\PLANNING\CC\1995\CC0905\VACSPEID.905} RESOLUTION NO. 4280 A RESOLUTION SETTING 1'HE PUBLIC HEARING DATE TO CONSIDER IRE VACATION OF THE 10.00 FOOT WIDE DRAINAGE AND UTILITY EASEMENTS LOCATED ALONG THE NORTH 295.02 FEET OF THE WEST 10.00 FEET OF LOT 2 AND LOT 3 OF BLOCK 1, CRETEX INDUSTRIAL PARK 1ST ADDITION WHEREAS, it has been made to appear to the Shakopee City Council that the 10.00 foot wide drainage and utility easements located along the north 295.02 feet of the west 10.00 feet of Lot 2 and Lot 3, of Block 1, Cretex Industrial Park 1st Addition, serve no public use or interest; and WHEREAS, a public hearing must be held before an action to vacate can be taken and two weeks published and posted notice thereof must be given. NOW, 'THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA,that a hearing be held in the Council Chambers on the 3rd day of October, 1995, at 7:00 P.M. or thereafter, on the matter of vacating the 10.00 foot wide drainage and utility easements located along the north 295.02 feet of the west 10.00 feet of Lot 1 and Lot 2 of Block 1, Cretex Industrial Park 1st Addition. WHEREAS, two weeks published notice will be given in the SHAKOPEE VALLEY NEWS and posted notice will be given by posting such notice on the bulletin board on the main floor of the Scott County Courthouse, the bulletin board at the U.S. Post Office, the bulletin board at the Shakopee Public Library, and the bulletin board in the Shakopee City Hall. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1995. Mayor of the City of Shakopee ATTEST: City Clerk APPROVED AS TO FORM: City Attorney CONSENT Ni) RESOLUTION NO. 4282 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, ADOPTING A COMMUNITY POLICING PHILOSOPHY. WHEREAS, the City Council recognizes the interdependence of and shared responsibility between the police and the community; and WHEREAS, the Shakopee Police Department is dedicated to the maintenance and further development of a partnership with the community; and WHEREAS, community growth poses challenges to the maintenance and further development of this partnership; and WHEREAS, the importance of the partnership increases proportionately with community growth; and WHEREAS, the philosophy supporting community policing is consistent with the City Council' s expectations of the police department; and WHEREAS, community policing will enable the police department to better serve the citizens of Shakopee . NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS : that the City Council hereby endorses the adoption of a community policing philosophy by the Shakopee Police Department . Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1995 . Mayor of the City of Shakopee Attest : City Clerk Approved as to form: City Attorney [31MEMO] 1 yam. CONSENT Memo To: Dennis Kraft, City Administrator From: Terrie A. Thurmer, Assistant City Planner . Date: August 22, 1995 RE: Renaming of a Street in an Existing Plat Introduction After the recording of the Final Plat for The Meadows West 1st Addition, it became apparent that streets within the plat required name changes. Background In reviewing the mylar for the recording of the Final Plat for The Meadows West 2nd Addition, it was discovered that there had been a change in a street name within The Meadows West 1st Addition without the approval of the City Council. Between the approval of the Final Plat by the City Council and its recording, the name of the street that was originally proposed to be called "Whitney Street"had been changed to "Whitney Avenue". Typically, street names in the City use the following: East/West Roads: " "Avenue North/South Roads: " "Street Cul-de-sacs: " "Court or " "Circle Other Streets: " "Lane or " "Drive With the second addition, the applicant proposed naming "Whitney Street" as "Whitney Avenue. " Therefore, staff recommended a condition requiring that the street names on the Final Plat drawings be revised to be in conformance with the City's street naming policies. Condition No. 2.b of the resolution approving The Meadows West 2nd Addition stated the following: "The applicant shall revise the Final Plat to rename the portion of the street labeled as "Foxglove Lane" to "Whitney Street". However, in reviewing this plat for recording, it was discovered that this condition had not been met, and that the street name within the first phase had been incorrectly recorded. As of the writing of this memo, there have been only four Building Permits approved within the first addition. In order to correct the street name within the plat and to bring the name of the street into conformance with the City's street naming policy, the name of the street within the first phase must be changed by the City Council by ordinance. Alternatives 1. Rename "Whitney Avenue"to "Whitney Street" within The Meadows West 1st Addition. 2. Do nothing. 3. Table the issue and request additional information from staff Recommendation Staff recommends Alternative No. 1. Action Requested Offer Ordinance No.426 an Ordinance of the City of Shakopee, Minnesota, Renaming `Whitney Avenue", Lying Within The Meadows West 1st Addition to `Whitney Street", and move its adoption. {I:\PLANNING\PC-BOAR\1995\0803\STREETNA.905} ORDINANCE NO. 426, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, RENAMING "WHITNEY AVENUE", LYING WITHIN THE MEADOWS WEST 1ST ADDITION, TO "WHITNEY STREET" THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - Whitney Avenue, described below, is hereby renamed Whitney Street.. All of Whitney Avenue lying within The Meadows West I st Addition. Section 2 - Effective Date. This ordinance becomes effective from and after its passage and publication. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1995. Mayor of the City of Shakopee Attest: City Clerk Approved as to form: City Attorney Published in the Shakopee Valley News on the day of , 1995. / 4/ .1 MEMO TO: Dennis R. Kraft, City Administrator FROM: Bruce Loney, Public Works Director D, SUBJECT: Approval of Plans and Specifications for River District Trunk Sewer Rehabilitation, Project No. 1995-9 DATE: August 29, 1995 COUNCIL MEETING DATE: September 5, 1995 INTRODUCTION: Attached is Resolution No. 4285, a resolution approving plans and specifications and ordering advertisement for bids for the River District Trunk Sewer Rehabilitation, Project No. 1995-9. BACKGROUND: On July 18, 1995, the City Council adopted Resolution No. 4243, which received a report and ordered the improvement and the preparation of plans and specifications for the project Staff has completed the River District Trunk Sewer Rehabilitation design and plans are available in the City Engineer's office for Council review. This project was initiated by the City in response to the Met Council's concern of excessive Infiltration/Inflow(I/I) into the River District Trunk from the 1993 flood on the Minnesota River and sewage discharge to the Minnesota River. The feasibility report identified the main areas of inflow into the sewer system. The rehabilitation improvements to reduce I/I are replacement of sanitary sewer manhole castings to a water tight casting and reconstruction of two manholes. As part of this improvement project, staff will be preparing an emergency flood management plan checklist of when the Minnesota River reaches a certain flood stage. Staff is planning on opening bids for this project on October 3, 1995 and presenting the bids to the City Council on October 3, 1995. This project will be funded entirely from the Sanitary Sewer Enterprise Fund. The cost estimate for the project is $60,000.00. The 1995 Capital Improvement Plan project cost to reconstruct the sewer line to eliminate the excessive I/I was estimated to be $900,000.00. The project has met Metropolitan Council acceptance and needs to be done this year in order to obtain a sanitary sewer connection permit for Prairie Bend and future developments within the River District Trunk Sewer Area.. ALTERNATIVES: 1. Adopt Resolution No. 4285. 2. Deny Resolution No. 4285. 3. Table for additional information from staff. RECOMMENDATION: Staff recommends Alternative No. 1, as rehabilitation improvements to the River District Trunk Sewer is needed to obtain future Metropolitan Pollution Control Agency's (MPCA) sanitary sewer permits in this area. ACTION REQUESTED: Offer Resolution No. 4285, A Resolution Approving Plans and Specifications and Ordering Advertisement for Bids on the River District Trunk Sewer Rehabilitation, Project No. 1995-9 and move its adoption. BL/pmp MEM4285 RESOLUTION NO. 4285 A Resolution Approving Plans And Specifications And Ordering Advertisement For Bids For The River District Trunk Sewer Rehabilitation Project No. 1995-9 WHEREAS, pursuant to Resolution No. 4243 adopted by City Council on July 11, 1995, Bruce Loney, Public Works Director has prepared plans and specifications for the rehabilitation of the River District Trunk Sewer and has presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. Such plans and specifications, a copy of which is on file and of record in the Office of the City Engineer, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The Advertisement for Bids shall be published as required by law. Adopted in session of the City Council of the City of Shakopee, Minnesota,held this day of , 1995. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney COSEi\IT /qv MEMO TO: Dennis R. Kraft, City Administrator FROM: Dave Nummer, Staff Engineer Lkv—i SUBJECT: Parking on Vierling Drive DATE: September 1, 1995 COUNCIL MEETING DATE: September 6, 1995 INTRODUCTION: Attached is Resolution No.4288, a resolution prohibiting parking on Vierling Drive from County Road(C.R.) 79 to C.R. 77. BACKGROUND: Vierling Drive from C.R. 79 to C.R. 77 is designated as a State Aid Route and is proposed to be constructed with State Aid Funds later this summer. On past segments of Vierling Drive, a resolution banning parking has been required by the State Aid Office before they would approve the construction plans. This resolution allows the City to construct a 50 foot wide roadway with four lanes of driving and no parking lanes. ALTERNATIVES: 1. Adopt Resolution No. 4288. 2. Deny Resolution No. 4288. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 4288, A Resolution Prohibiting Parking on Vierling Drive (MSAS 106) from County Road 79 to County Road 77, Project No. 1995-6 and move its adoption. RESOLUTION NO. 4288 A Resolution Prohibiting Parking On Vierling Drive (MSAS 106) From County Road 79 To County Road 77 Project No. 1995-6 WHEREAS, the City of Shakopee has planned the improvements of Vierling Drive (MSAS 106) from County State Aid Highway 79 to County Road 77; and WHEREAS, the City of Shakopee will be expending Municipal State Aid Funds on the improvement of this street; and WHEREAS, since this improvement lacks adequate width for parking on both sides of the street, approval of the proposed construction as a Municipal State Aid Street project must therefore include certain parking restrictions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: That the City of Shakopee shall prohibit the parking of motor vehicles on both sides of MSAS 106 (Vierling Drive) at all times. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1995. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney CONSENT y MEMO TO: Dennis R. Kraft, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: St. Francis Regional Medical Center Sanitary Sewer and Watermain Improvements Project No. 1995-2 DATE: August 31, 1995 COUNCIL MEETING DATE: September 5, 1995 INTRODUCTION: Attached is Resolution No. 4289, a resolution approving plans and specifications and ordering advertisement for bids on the St. Francis Regional Medical Center sanitary sewer and watermain improvements, Project No. 1995-2. BACKGROUND: On November 15, 1994, the City Council adopted Resolution No. 4122, which ordered the improvement and the preparation of plans and specifications for the St. Francis Regional Medical Center sanitary sewer extension. On December 6, 1994, the City Council adopted Resolution No. 4132 which ordered the improvement and the preparation of plans and specifications for the St. Francis Regional Medical Center trunk watermain. The trunk sanitary sewer and watermain extensions were petitioned by St. Francis Hospital in order to serve the new St. Francis Medical Center site. The trunk sewer will be paid for by the City's Trunk Sanitary Sewer Fund and the watermain will be paid for with a combination of lateral assessments, trunk assessments and Shakopee Public Utilities Commission's trunk oversizing costs. The sanitary sewer alignment will be installed along County State Aid Highway (CSAH) 17 in the County's right-of-way. The watermain will be located 1/4 mile east of CSAH 17 from Vierling Drive to the wellhead and booster pump locations near the St. Francis Regional Medical Center. The sanitary sewer will be extended from the Chaska Interceptor currently being installed on the Shakopee Bypass 1st segment project. The sanitary sewer stub line to the Chaska Interceptor has not been installed as yet,however, it is scheduled shortly. The main issue with the project plans has been obtaining the necessary easements to construct the trunk facilities. Staff has contacted the property owners in which easements are needed for four parcels. Easement acquisition or right of entry is anticipated to be granted shortly. The main impetus for this project is to provide watermain to the site by October 1, 1995 as per the developer's agreement. The developer's agreement has a provision which Shakopee Public Utilities Commission/City is to impose a $200.00 per day penalty for each day after this completion date that the watermain is not operational. Staff will be meeting with St. Francis and Shakopee Public Utilities Commission's representatives to discuss this issue on September 1, 1995 and a memo on the results of that meeting will be placed on the table at the September 5, 1995 Council meeting. Staff is planning a bid opening date of October 3, 1995 and presenting the bids to the City Council on October 3, 1995. ALTERNATIVES: 1. Adopt Resolution No. 4289. 2. Deny Resolution No. 4289. 3. Table for additional information from staff. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 4289, A Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for the St. Francis Regional Medical Center Sanitary Sewer and Watermain Improvements, Project No. 1995-2 and move its adoption. BL/pmp MEM4289 RESOLUTION NO. 4289 A Resolution Approving Plans And Specifications And Ordering Advertisement For Bids For The St. Francis Regional Medical Center Sanitary Sewer And Watermain Improvements Project No. 1995-2 WHEREAS, pursuant to Resolution No. 4122 and 4132 adopted by City Council on November 15, 1995 and December 6, 1995 respectively, Bruce Loney, Public Works Director has prepared plans and specifications for the installation of sanitary sewer to the St. Francis Regional Medical Center site and installation of trunk watermain from Vierling Drive south to the proposed St. Francis Regional Medical Center and has presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. Such plans and specifications, a copy of which is on file and of record in the Office of the City Engineer, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The Advertisement for Bids shall be published as required by law. Adopted in session of the City Council of the City of Shakopee, Minnesota,held this day of , 1995. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney ly -f! MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorn� DATE: September 5, 1995 RE: St . Francis Regional Hospital Agreement BACKGROUND: Last winter the City, SPUC, and St . Francis Regional Medical Center entered into an agreement regarding the provision of utility services to the new medical campus which is currently under construction. St . Francis wants these utilities to be up and running by certain dates in order to facilitate the opening of the clinic and hospital on time. The agreement had early deadlines for the utilities, some of which have proven to be unworkable. If the deadlines were not met, the City was supposed to impose liquidated damages on the contractor. After discussing the stated deadline and the date by which the utilities must be available, St . Francis has indicated that it is agreeable to changing the date for liquidated damages for the watermain crossing the bypass . An Addendum to the agreement has been drafted to do this. ALTERNATIVES : 1 . Adopt the Addendum. 2 . Do not adopt the Addendum. RECOMMENDATION: Move to authorize the appropriate City officials to execute Addendum No. 1 to Agreement. CONSENT hit TO: Dennis R. Kraft, City Administrator Pt FROM: Gregg Voxland, Finance Director SUBJ: Bond Sale Resolutions Number 4290 and 4291 DATE: August 31, 1995 Introduction Council authorization to set the sale of bond to finance various projects is requested. Background Council routinely issues bonds to finance various projects. Resolution Number 4290 authorizes and sets the sale date ( but does not actually approve the sale) of improvement bonds for the following projects; P&V, Hospital Sewer and Water, Vierling Drive CR 77 to 79, Sarazin Street, County Road 16 and Fuller Street. Similarly, Resolution Number 4291 authorizes and sets the sale date for storm drainage revenue bonds for the south bypass ponding costs as discussed earlier this year by Council. If bonds are not issued to finance these projects, the city is likely to experience serious cash flow problems. Both issues are set to run 10 years as had been past practice. The resolutions have been prepared by bond counsel. Action Requested 1. Offer Resolution Number 4290, A Resolution Authorizing Issuance And Sale Of $3,180,000 General Obligation Improvement Bonds, Series 1995A, and move its adoption. 2. Offer Resolution Number 4291, A Resolution Authorizing Issuance And Sale Of $1,150,000 General Obligation Storm Water Revenue Bonds, Series 1995B, and move its adoption. 08/30/95 16:37 FAX 612 340 2644 DORSEY WHITNEY lii / CERTIFICATION OF MINUTES RELATING TO _, $3,180,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES I995A Issuer: City of Shakopee, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A regular meeting held on Tuesday, September 5, 1995, at 7:00 o'clock P.M. at the City Hall. Members present: Members absent: Documents attached: Minutes of said meeting (pages: RESOLUTION NO. RESOLUTION AUTHORIZING ISSUANCE AND SALE OF $3,180,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1995A TERMS OF PROPOSAL I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the bonds referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they relate to said bonds; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer this day of September, 1995. Judith Cox City Clerk 08/30/95 16:38 FAX 612 340 2644 DORSEY WHITNEY (dj003 Councilmember introduced the following resolution and moved its adopted: ++I RESOLUTION NO. RESOLUTION AUTHORIZING ISSUANCE AND SALE OF $3,180,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1995A BE IT RESOLVED by the City Council of the City of Shakopee, Minnesota, as follows: Section 1. Purpose. It is hereby determined to be in the best interests of the City to issue its General Obligation Improvement Bonds, Series 1995A, in the principal amount of $3,180,000 (the Bonds), including $31,800 principal amount of Bonds representing interest, pursuant to Minnesota Statutes, Chapters 429 and 475, to finance the following public improvement projects: project Estimated Cost 622/421 P&V $488,650 620/437 Hospital Sewer & Water 222,000 631/437 Vierling/CR77-79 360,000 626/437 Sarazim 801,000 625/421 County Road No. 16 1,009,000 County Road No. 77 & Fuller 3Q0,000 $3,180,650 Section 2. teams of Proposal. Springsted Incorporated, financial consultant to the City, has presented to this Council a form of Terms of Proposal for the Bonds, which is attached hereto and shall be placed on file by the City Clerk. Each and all of the provisions of the Terms of Proposal are hereby adopted as the terms and conditions of the Bonds and of the sale thereof. Section 3. Sale Authorization. Pursuant to Minnesota Statutes, Section 475.60, subdivision 2, clause (9), Springsted Incorporated is authorized and directed to prepare and distribute an official statement relating to the Bonds and the City to prospective purchasers of the Bonds, to solicit and negotiate proposals for the purchase of the Bonds by a bank or an investment banking firm on the terms and conditions specified in the Terms of Proposal, and to present to this Council at its regular meeting to be held on Tuesday, October 3, the proposal to purchase the Bonds which is determined by it to be in the best interests of the City, for consideration by this Council. 08/30/95 16:39 FAX 612 340 2644 DORSEY WHITNEY fj004 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember , and, upon vote being taken thereon, all present voted in favor thereof and none voted against the same, whereupon said resolution was declared duly passed and adopted. • 08/30/95 16:39 FAX 612 340 2644 DORSEY WHITNEY J 005 lib/au/110 1G:oc raa 014 ZZ3 3002 SYRINCSTED INC. .+-.4 Dorsey a nlaiww siuuZiuuS THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS; • TERMS OF PROPOSAL $3,190,000 CITY OF SHAKOPEE, MINNESOTA GENERAL OBLIGATION IMPROVEMENT BONDS,SERIES 1995A (BOOK ENTRY ONLY) Proposals for the Bonds wilt be received on Tuesday,October 3, 1995, until 11:00 A.M., Central Time, at the offices of Springsted Incorporated. 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 7:00 P.M.,Central Time, of the same day. SUBMISSION OF PROPOSALS Proposals may be submitted in a sealed envelope or by fax (612) 223-3002 to Springsted. Signed Proposals. without fmal price or coupons. may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (612) 223-3000 or fax (612) 223-3002 for inclusion in the submitted Proposal. Springsted will assume no liability for the Inability of the bidder to reach Springsted prior to the time of sale specified above. Proposals may also be filed electronically via PARITY, in accordance with PARITY Rules of Participation and the Terms of Proposal, within a one-hour period prior to the time of sale established above, but no Proposals will be received after that time. If provisions in the Terms of Proposal conflict with the PARITY Rules of Participation, the Terms of Proposal shall control. The normal fee for use of PARITY may be obtained from PARITY and such fee shall be the responsibility of the bidder. For further information about PARITY, potential bidders may contact PARITY at 100 118th Avenue SE, Suite 100, 13eitovue, Washington 98004, telephone (206) 635-3545. Neither the City nor Springsted Incorporated assumes any liability if there is a malfunction of PARITY. All bidders are advised that each Proposal shall be deemed to constitute a contract btween the bidder and the City to purchase the Bonds regardless of the manner of the Proposal submitted. DETAILS OF THE BONDS The Bonds will be dated November 1, 1995, as the date of original issue, and � interest payable on February 1 and August 1 of each year, commencing Aug st will be computed on the basis of a 360-day year of twelve 30-day months. The Bonds will mature February 1 in the years and amounts as follows: 1997 $ 95,000 2001 5395,000 2005 5210,000 1998 $450,000 2002 1390,000 2006 5210.000 1999 5400,000 2003 $210,000 2007 5195,000 2000 5395.000 2004 $210,000 i 08/30/95 16:40 FAX 612 340 2644 DORSEY WHITNEY (1006 u0/3u/r5 14.3J r,►S plz 2z3 3002 SPR1NGbiru £•w. -,4. morsel' is naiLueo yyuu.t/uua BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, representing the aggregate principal amount of the Bonds maturing in each year, l be registered in the name of Kray & Co. as nominee of Midwest Securities n om 'chase. Chicago, Illinois, which will act as securities depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of$5,000 or any multiple thereof of a single maturity through book entries made on the books and records of MSTC and its participants. Principal and interest are payable by the registrar to MSTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of MSTC will be the responsibility of MSTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial The purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with MREGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The City may elect on February 1, 2005, and on any day thereafter, to prepay Bonds due on or atter February 1, 2006. Redemption may be in whole or in part and if in part at the option of the City and in such manner as the City shall determine. if less than anall Bonds of a maturity are called for redemption, the City will notify MSTC of the particularamountof such smaturity maturity prepaid. MSTC will determine by lot the amount of eachparticipant's e benefi�interest in s ownershipinterests in to be redeemed and each participant will then select by such maturity to be redeemed. All prepays shall be at a price of per plus accrued interest. SECURITY AND PURPOSE generalof the City for which the City will pledge its full faith and The Bonds will be obligations will ed s keel credit and power to levy direct general ad Tatonmm taxes. he proceeds wil be used to finance the construction assessments against benefited property. of various improvements within the City. TYPE OF PROPOSALS Proposals shall be for not less than 53,145,200 and accrued in o Deposit (tel principaposit') aount of the Bonds. Proposals shall be accompanied by Good Faith innd the amount of$31,800. the form of a certified or cashiers check or a Financial Surety � payable to the order of the City. If a check is used, it must accompany each proposal. if a Financial Surety Bond is used, it must be from an ins company sed issue suc bond in the State of Minnesota, and preapproved by the� must submitted to The Financial Surety Eland must Springsted Incorporated prior to the opening of the proposals. If the identity each underwriter whose Deposit is guaranteed by such Financial Surety Bond. a Financial Surety Bond, then that purchaser is Bonds are awarded to an underwriter using in the form of a certified or cashier's fequired to submit its Deposit to Springsted Incorporated later than fe or c Centralhie check or wire transfer as instructed by Spnngsted Incorporated not Time, on the next business day following the awarhe City s rho satisfy the Deposit Is t received vedirement. time, the Financial Surety Bond may be drawn by the amount of which Depositwill be deducted at The City will deposit the check of the in the event the purchaser fails to settlement and no interest will accrue to the purchaser. i can comply with the accepted proposal, said amount will be retained by the City. No propose -II - 08/30/95 16:41 FAX 612 340 2644 DORSEY WHITNEY ?1007 Ot!/3O/53 12:53 FAX 012 223 3002 SPRINGSTED INC. .-.. Dorsey i Whitney 40004/o0S be withdrawn or amended atter the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1%. Rates must be in ascending order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i)waive non-substantive Informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (II)reject all proposals without cause, and, (iii)reject any proposal which the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after !fonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser at a place mutually satisfactory to the City and the purchaser. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Dorsey & Whitney P.L.L.P. of Minneapolis, Minnesota, and of customary closing papers, including a no-litigation certificate. On the date of settlement payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Except as compliance with the terms of payment for the Bonds shall have been made impossible by action of the City, or Its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchase?. non-compliance with said terms for payment. lel- 08/30/95 16:41 FAX 612 340 2644 DORSEY WHITNEY 0 008 oniaois5 12:54 FAX 04 223 3002 srxtr�axc�+ . �. --y yorseY 1/14464.10.P 49775 CONTINUING DISCLOSURE; In order to permit.the underwriters purchasing the bonds to comply with paragraph (b)(5)of Rule 15c2-12, in the Resolution authorizing and ordering the issuance of the bonds the Council will covenant and agree for the benefit of the holders from time to time of the bonds, to comply with Rule 15c2-12, paragraph(b)(5). A description of the Council's undertaking is set forth in the Preliminary Official Statement OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly-final Official Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springeted incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101,telephone(812)223-3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement"of the City with respect to the Bonds, as that term is defined in Rule 15c2-12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award. it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 125 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i)it shall accept such designation and (ii)it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated September 5, 1995 BY ORDER OF THE CiTY COUNCIL Isl Judith Cox Cleric -iv- 08/30/95 16:42 FAX 612 340 2644 DORSEY WHITNEY J 009 CERTIFICATION OF MINUTES RELATING TO $1,150,000 GENERAL OBLIGATION STORM WATER REVENUE BONDS, SERIES 1995B Issuer: City of Shakopee, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A regular meeting held on Tuesday, September 5, 1995, at 7:00 o'clock P.M. at the City Hall. Members present: Members absent: Documents attached: Minutes of said meeting (pages: RESOLUTION NO. RESOLUTION AUTHORIZING ISSUANCE AND SALE OF $1,150,000 GENERAL OBLIGATION STORM WATER REVENUE BONDS, SERIES 1995E TERMS OF PROPOSAL I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the bonds referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they relate to said bonds; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer this day of September, 1995. Judith Cox City Clerk 08/30/95 16:43 FAX 612 140 2644 DORSEY WHITNEY Quo Councilmember introduced the following resolution and moved its adopted: RESOLUTION NO. RESOLUTION AUTHORIZING ISSUANCE AND SALE OF $1,150,000 GENERAL OBLIGATION STORM WATER REVENUE BONDS, SERIES 1995B BE IT RESOLVED by the City Council of the City of Shakopee, Minnesota, as follows: Section 1. Purpose. It is hereby determined to be in the best interests of the City to issue its General Obligation Storm Water Revenue Bonds, Series 1995B, in the principal amount of$1,150,000 (the Bonds), including $11,500 principal amount of Bonds representing interest, pursuant to Minnesota Statutes, Section 444.075 and Chapter 475, to finance improvements to the City storm sewer system. Section 2. Terms of Proposal. Springsted Incorporated, financial consultant to the City, has presented to this Council a form of Terms of Proposal for the Bonds, which is attached hereto and shall be placed on file by the City Clerk. Each and all of the provisions of the Terms of Proposal are hereby adopted as the terms and conditions of the Bonds and of the sale thereof. Section 3. Sale,Authorization. Pursuant to Minnesota Statutes, Section 475.60, subdivision 2, clause (9), Springsted Incorporated is authorized and directed to prepare and distribute an official statement relating to the Bonds and the City to prospective purchasers of the Bonds, to solicit and negotiate proposals for the purchase of the Bonds by a bank or an investment banking firm on the terms and conditions specified in the Terms of Proposal, and to present to this Council at a regular meeting to be held on Tuesday, October 3, the proposal to purchase the Bonds which is determined by it to be in the best interests of the City, for consideration by this Council. 08/30/95 16:43 FAX 612 340 2644 DORSEY WHITNEY Z011 The motion for the adoption of the foregoing resolution was duly seconded by Councilmember , and, upon vote being taken thereon, all present voted in favor thereof and none voted against the same, whereupon said resolution was declared duly passed and adopted. 08/30/95 16:44 FAX 612 340 2644 DORSEY WHITNEY• X012 08/30/95 12:08 FAX 612 223 3002 SPRINGSTED INC. I41o03/006 • THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WELL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $1,150,000 CITY OF SHAKOPEE,MINNESOTA GENERAL.OBLIGATION STORM WATER REVENUE BONDS, SERIES 19aSB (BOOK ENTRY ONLY) Proposals for the Bonds will be received on Tuesday, October 3, 1995, until 11:00 A.M.,SC Paul,Time, at the offices of Springsted Incorporated,rated, 85 East Seventh Place, Suite 100, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 7:00 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS proposals may be submitted in a sealed envelope or by fax (612) 223-3002 to Springsteor to d. Signed Proposals, without final price or coupons, may be submitted to SProposale final re of sale. The bybidder responsible for submitting to Springsted price and coupons, telephone (612) 223-3000 or fax (G1 Z) 223.3002 for inclusion in the submitted Proposal. Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. Proposals may also be filed electronically via PARITY, In accordance with PARITY Rules of Participation and the Terms of Proposal. periodprior to the time of sale established above, but no Proposals will be within a one-hour conflict with the PARITY Rules received after that time_ If provisions in the Terms of Proposal of Participation, the Terms of Proposal shall control. The normal fee for use of PARITY may be obtained from PARITY and such fee shall be the responsibility of the bidder. For further information about PARITY, potential bidders may contact PARITY at 100 116th Avenue SE. Suite 100, Bellevue, Washington 98004, telephone (206) 635-3545. Neither the City nor Springsted incorporated assumes any liability if there is a malfunction of PARITY. All bidders are advised that aseeBo and the City purchase Bonds regardless of the mariner the Prosal submitted. DETAILS QF THE BONDS The Bonds will be dated November 1, 1995 as the date of original issue, and will bear interest 1 1 of each year, commencing August 1, 1996. Interest will payable on February and August be computed on the basis of a 360-day year of twelve 30-day months- The Bonds will mature February 1 in the years and amounts as follows: 1997 $ 80,000 2001 $110,000 2004 5130,000 1998 $100,000 2002 5115,000 2005 5135,000 1999 3105,000 2003 $125,000 2006 5145,000 2000 5105,000 BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The bonds win be issued in fully registered form and one Bond. 08/30/95 16:45 FAX 612 340 2644 DORSEY WHITNEY 6013 -08/30/95 12:06 FAX 012 223 3002 SPRINGSTED INC. ao04/00e • representing the aggregate principal amount of the Bonds maturing in each year, wiu be registered in the name of Kray & Co. as nominee of Midwest Securities Trust Company ("MSTC"). Chicago, Illinois, which will act as securities depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of$5.000 or any multiple thereof of a single maturity through book entries made on the books and records of MSTC and its participants. Principal and interest are payable by the registrar to MSTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of MSTC will be the responsibility of MSTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with MSTC. REGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The Bonds will not be subject to payment in advance of their respective stated maturity dates. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition the City will pledge net revenues of its storm drainage system. The proceeds will be used to finance the construction of improvements to the City's storm drainage system. TYPE OF PROPOSALS Proposals shall be for not less than $1,138,500 and accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ("Deposit") in the form of a certified or cashier's check or a Financial Surety Bond in the amount of$11.500, payable to the order of the City. if a check is used, it must accompany each proposal. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Band. If the Bonds are awarded to an underwriter using a Financial Surety Bond. then that purchaser is required to submit Its Deposit to Springsted incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. if such Deposit is not received by.that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement The City will deposit the check of the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 118 of 1%. Rates must be In ascending order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. -It- 08/30/95 16:45 FAX 612 340 2644 DORSEY WHITNEY1014 08/30/95 12:07 FAX e12 223 3002• SFRINGSTED INC. e005/008 • AWARD The Bonds will be awarded on the basis of the lowest interest rate to be deteMiined on a true interest cost (TIC) basis. The City'sbe computation controlling_ interest rate of each proposal, in accordance with customary practice,will The City will reserve the right to: (i)waive non-substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause. and. (iu)reject any proposal which the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any Increased costs of issuance of the Bonds resulting from such and reir chaseveof insurance shall be paid by the purchaser, except that, if the City has requesteda rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after�Bonds hteeo ms awarded oto th purchaser shall not constitute cause for failure or refusal by purchaser the Bonds. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CusiP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award,the City and kl be delivered the purchaser.without cost to the Delivery will be purchaser at a place mutually satisfactory opinion of Dorsey &Whitney P.LL.P. subject to receipt by the purchaser of an approvinglegal d of customary closing papers, including a no-litigation certificate. On the nthe apous, Minnesota, andate of settlement payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at the offices of the City or its designee not later than 12:00 Noon. Central Time. Except as compliance with the terms of payment far the Bonds shell have been made imsuffered by action City the City, or its reason orf the purchaseents, the rs non-complianceurchaser shall be iable to the City for said terms for any loss suffered by payment. CONTINUING DISCLOSURE rmit the underwriters purchasing the bonds to comply with paragraph(b)(5)of In order t0 the issuance of the bonds the Council Rule 15c2-1122,in the Resolution authorizing and ordering will covenant and agree for the benefit of the holders from time to time of the bands.to comply with Rule 15c2-12. paragraph(b)(5). A description of the Council's undertaking is set forth in the Preliminary Official Statement. -iii- 08/30/95 16:46 FAX 612 340 2644 DORSEY WHITNEY Q1015 05/30/95 12:08 FAX 812 223 3002 SPRIN1GSTED 1 C. 46008/oo8 • ' I OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly-final Official Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission, For copies of the Official Statement or for any additional information prior to sale, any prospective E Sev ne purchaser Place, Suite 100, aint Parred to the ul,rMinnesota 51cial Advisor to 01, telephone6 3000.City, Springsted Incorporated, The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a"Final Official Statement" of the City with respect to the Bonds. as that term is defined in Rule 15c2-12. By awarding the Bands to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 50 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (II)It shay enter Into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Anal Official Statement. Dated September 5, 1995 BY ORDER OF THE CITY COUNCIL Is/Judith Cox Clerk • -4- Y Recommendations For City of Shakopee, Minnesota $3,180,000 General Obligation Improvement Bonds, Series 1995A $1,150,000 General Obligation Storm Water Revenue Bonds, Series 1995B Study No. S075Q3R3 SPRINGSTED Incorporated August 30, 1995 Recommendations for City of Shakopee, Minnesota $3,180,000 General Obligation Improvement Bonds, Series 1995A EXECUTIVE SUMMARY This summary is intended to highlight data contained in these recommendations. It is intended to be an adjunct to the recommendations and not to be used solely as the basis of determination of actions required. Your actions should be based on the information more fully set forth in the recommendations. 1. Action Requested To establish the date and time of receiving bids and establish the terms and conditions of the Offering. 2. Type and Purpose of Offering Proceeds of the issue will be used to finance various improvement projects in the City. 3. Principal Amount of Offering $3,180,000 4. Repayment Term February 1, 1997 through 2007. 5. Source of Debt Service Revenues Special assessments against benefited property. 6. Optional Redemption Bonds maturing February 1, 2006 through 2007 will be callable commencing February 1, 2005 and any day thereafter at par. 7. Credit Rating Comments Rating application will be made to Moody's Investors Service. 8. Sale Date and Time Tuesday, October 3, 1995, at 11:00 A.M. 9. Award Date and Time Tuesday, October 3, 1995, at 7:00 P.M. Recommendations for City of Shakopee, Minnesota $1,150,000 General Obligation Storm Water Revenue Bonds, Series 1995B EXECUTIVE SUMMARY This summary is intended to highlight data contained in these recommendations. It is intended to be an adjunct to the recommendations and not to be used solely as the basis of determination of actions required. Your actions should be based on the information more fully set forth in the recommendations. 1. Action Requested To establish the date and time of receiving bids and establish the terms and conditions of the Offering. 2. Type and Purpose of Offering Proceeds of the issue will be used to finance improvements to the City's storm drainage system. 3. Principal Amount of Offering $1,150,000 4. Repayment Term February 1, 1997 through 2006. 5. Source of Debt Service Revenues Net revenues of the City's storm drainage system. 6. Optional Redemption Noncallable 7. Credit Rating Comments Rating application will be made to Moody's Investors Service. 8. Sale Date and Time Tuesday, October 3, 1995, at 11:00 A.M. 9. Award Date and Time Tuesday, October 3, 1995, at 7:00 P.M. 85 E.SEVENTH PLACE,SUITE 100 SAINT PAUL,MN 55101-2143 612-223-3000 FAX:612-223-3002 /l SPRINGSTED Public Finance Advisors August 30, 1995 Mayor Gary Laurent Members, City Council Mr. Dennis Kraft, City Administrator Mr. Gregg Voxland, Finance Director Shakopee City Hall 129 South Holmes Street Shakopee, MN 55379 Re: Recommendations for the Issuance of: $3,180,000 General Obligation Improvement Bonds, Series 1995A $1,150,000 General Obligation Storm Water Revenue Bonds, Series 1995B We respectfully request your consideration of our recommendations for the issuance of the above-mentioned bonds. The proceeds of the improvement bonds will be used to finance six improvements projects in the City. The proceeds of the storm water revenue bonds will be used to finance drainage projects being constructed in the City. These recommendations will discuss each issue separately and will then discuss items common to both issues. $3,180,000 General Obligation Improvement Bonds, Series 1995A The City has a need to finance six improvement projects currently underway. These projects will be supported from special assessments against benefited property, ad valorem taxes, MSA funds and water, sewer and storm sewer utility funds. Attached as Appendix I is a summary of the costs to be financed, together with a delineation of the revenue sources being used to cover those costs. We understand the project costs include contingency, engineering and administrative costs, bond issuance costs and the underwriter's allowance for discount bidding. It is assumed a total of $2,739,000 of costs will be assessed against benefited property. The assessments will be payable in equal annual installments of principal, with interest on the unpaid balance charged at a rate approximately 1.5% over the rate received on the bonds. For purposes of projecting assessment income, we have used a rate of 6.75%. In fall 1995, $272,000 of assessments are expected to be filed for first collection in 1996 and the balance of the assessments are expected to be filed on various dates in 1996 for first collection in 1997. Attached as Appendix II is a projection of assessment income. It is anticipated that both the Vierling and Sarazin projects will develop rapidly and substantial prepayments are expected SAINT PAUL,MN - MINNEAPOLIS,MN • BROOKFIELD,WI • OVERLAND PARK,KS • WASHINGTON,DC • IOWA CITY,IA City of Shakopee, Minnesota August 30, 1995 during the course of the normal ten-year term of the assessments. City staff has provided us with projections for the prepayments and we have structured the bonds to anticipate that assessments for the two projects will be collected over a term shorter than actually certified. For Vierling, approximately 10% of the assessments ($36,000) are expected to be prepaid within a year and for Sarazin, approximately 20% of the assessments ($160,200) are expected to be prepaid within a year. In addition, 80% of the assessments for those two projects are expected to be prepaid during the first five years after certification. The projection of assessment income shown for Vierling and Sarazin in Appendix II excludes the initial prepayment amounts and the assessments are hypothetically spread over five years although they will be certified for ten years. Assessments for the remaining four projects will be spread over a ten-year period and the projection of income for those projects does not take into consideration any prepayments, deferments or delinquencies. Based on the projection of assessment income as contained in Appendix II, we have prepared Appendix III, which is the recommended maturity schedule for this issue. The bonds will be dated November 1, 1995 and will mature each February 1 from 1997 through 2007. The first payment on this issue will an interest payment due August 1, 1996 in the estimated amount of $113,305. This payment will be made from the first-half collections of taxes and assessments levied in 1995 as well as assessment prepayments received from the Vierling and Sarazin projects. The next payment will be a principal and interest payment due February 1, 1997, which payment will be made from the second-half collections of taxes and assessments together with the surplus of first-half collections and prepayments. Thereafter each August 1 interest payment will be made from first-half collections of special assessments and taxes with each subsequent February 1 principal and interest payment to be made from second-half collections of assessments and taxes, together with surplus first-half collections. This sequence of payments will continue throughout the life of the issue. Columns 1 through 6 of Appendix III show the years and amounts of principal and estimated interest due on the bonds. Column 7 shows the debt service requirement including a 5% overlevy. The overlevy is a statutory requirement and is a protection to the City and the bondholders in the event 100% of debt service revenue is not available. Column 8 is the projection of assessment income as developed in Appendix II and Column 9 shows the anticipated prepayments for Vierling and Sarazin. Column 11 indicates the tax levy requirement representing the City's share of project costs. The issue is structured to provide for an even annual levy, averaging approximately $59,800, assuming assessment prepayments come in as anticipated. $1,150,000 General Obligation Storm Water Revenue Bonds, Series 1995B The proceeds of this issue will be used to finance the Bypass I and Bypass II drainage projects. Pursuant to Minnesota Statutes, Chapter 444, the City will use net revenues of its storm drainage utility in an amount sufficient to provide debt service payments for this issue. To the extent such revenues do not generate the amount required to meet debt service, the City is required by statute to increase storm water charges at a level sufficient to meet bond payments and any tax levy should be limited to the period needed to adjust the storm water rates. Attached as Appendix IV is the recommended maturity schedule for this issue. The storm water revenue bonds have been structured to provide for even annual payments over a ten- year period, averaging approximately $150,325 per year. Page 2 City of Shakopee, Minnesota August 30, 1995 Common to Both Issues Allowance for Discount Bidding Included in the principal amount of each issue is an allowance for discount bidding, representing 1% of the issue size. The discount provides the underwriters with all or part of their profit and/or working capital for purchasing the issue and permits them to reoffer the bonds at or close to the par scale. The City has used this effective marketing tool with past issues and we recommend its continued used herein. Prepayment Provisions We recommend that, for the improvement issue, the bonds maturing on or after February 1, 2006 be subject to prepayment in advance of their stated maturity on February 1, 2005 and any day thereafter at a price of par and accrued interest. This prepayment option will provide the City an opportunity to refinance or restructure the improvement issue should future market conditions or other circumstances warrant such a course of action. The storm water revenue issue is smaller in size and has a shorter maturity length than the improvement bonds and we recommend that those bonds not be subject to prepayment in advance of their maturity. Book-Entry Only Bonds We are recommending the use of book-entry only bonds for these issues. Historically, the City has issued printed, registered bonds using a bond registrar. Under the book-entry system, the holders of the bonds will not receive printed bonds but will have only a record from their broker/dealer stating that they are held at a depository. The use of the book entry system eliminates all costs to the City for printing physical bonds. Although the bonds are issued in book entry form, which also eliminates the need for a registrar, we recommend the City retain a registrar for a nominal fee to send the City reminder notices indicating the date and amount of the payments coming due and to act as an intermediary with the depository, should the need arise. Continuing Market Disclosure The Securities and Exchange Commission has finalized amendments to its Rule 15c2-12 which prohibits broker-dealers from underwriting municipal securities of $1,000,000 or more unless the issuer has agreed in writing to provide annual disclosure of financial and operating information and to disclose material events when they occur. This Rule is effective for issues underwritten on and after July 3, 1995. Since these bonds are to be issued after that date, the City will be required to comply with the Rule in order for underwriters to bid on the issues. The agreement with the underwriter and bondholders, or the "undertaking," as it is called in the Rule, must be incorporated in the bond resolution or a separate disclosure agreement for each issue and in the final Official Statement. The undertaking will obligate the City to prepare and file with all nationally recognized municipal securities information repositories ("NRMSIRs") annual updated financial and operating information and the City's annual audited financial statements. As of now, there are five recognized NRMSIRs. The Rule uses the information in the final Official Statement as the benchmark for data to include in the secondary market disclosure report so that certain information provided in the Official Statement must be revised annually. Between now and the date of the sale, October 3, Springsted Incorporated will be working with City staff and your bond counsel to craft an acceptable undertaking which will either be incorporated in the resolution for the bonds, or drafted as a separate document, the "Continuing Disclosure Certificate," and which will also be included in the Official Statement for the issues. Page 3 City of Shakopee, Minnesota August 30, 1995 Federal Rebate -Arbitrage All tax-exempt bonds are subject to federal arbitrage regulations, including rebating arbitrage profits to the U.S. Treasury. Generally speaking, all arbitrage profits (the yield difference between the earnings on the investments and the yield on the obligations) must be rebated to the U.S. Treasury. There are some exemptions to this rebate requirement which include: (i) A small issuer exemption if the obligations are for governmental purposes and the issuer reasonably expects to issue not more than $5,000,000 tax-exempt obligations during the calendar year. (ii) A six-month exemption if all of the proceeds of the obligations are expected within six months of issuance of the obligations. (iii) An 18-month expenditure test if at least 15% of the proceeds are expended within six months, 60% within 12 months and 100% within 18 months. (iv) A two-year expenditure test if at least 75% of the proceeds of the issue are used for construction and if 10% is expended within 6 months, 45% within 12 months, 75% within 18 months and 100% within two years. For items (iii) and (iv), if it is reasonably required that a retainage be maintained to enforce the completion of a contract, up to 5% of the proceeds may be retained for an additional 12 months. Net proceeds subject to these expenditure tests include investment earnings on the original bond proceeds. The City does not expect to issue more than $5,000,000 of debt in 1995 and therefore is exempt from these provisions. Another potential source of arbitrage concern stems from the creation of the debt service funds to pay debt service on the new issues. The arbitrage regulations permit only bona fide debt service funds to be exempt from arbitrage regulations. A bona fide debt service fund is defined as a fund for which there is an equal matching of revenue to debt service expense with a carryover permitted equal to the greater of the investment earnings in the fund during that year or 1/12 of the debt service of that year. A debt service fund can lose its bona fide status if the issuer accumulates too much investment earnings or prepaid assessments. It is important to monitor the debt service funds for these issues to assure compliance with the regulations. Any portion in excess of a bona fide debt service fund must be restricted in yield to the yield on the bonds. Economic Life of Financed Projects The 1993 "final" arbitrage regulations brought all tax-exempt issues into the calculation of "economic life." Previously this requirement was only for private activity bonds. The intent of this requirement is that the U.S. Treasury does not want bonds outstanding longer than is necessary, thus creating more tax-exempt bonds in the marketplace than are needed. The general safe harbor for assuring that bonds comply with the regulations is if the average maturity of the bonds does not exceed 120% of the economic life of the financed projects. The bonds are issued for infrastructure projects, which, under the U.S. Treasury guidelines have an economic life of at least 20 years, and are therefore in compliance with this regulation. Page 4 City of Shakopee, Minnesota August 30, 1995 Federal Reimbursement Regulations The U.S. Treasury has enacted reimbursement regulations to regulate issuers who wish to issue tax-exempt bonds to recover costs of prior expenditures. The reimbursement regulations require that if the issuer proposes to reimburse itself for expenses they paid prior to receipt of bond proceeds, it must have made a declaration of that intent within 60 days of the actual payment of the expense. There are exemptions for architectural and engineering fees and miscellaneous start-up costs. It is our understanding the City is aware of these regulations and has taken action necessary to comply with the federal reimbursement regulations in regard to these issues. Bank-Qualified Obligations The Tax Reform Act of 1986 restricts the ability of banks to deduct tax-exempt interest as a carrying expense under certain circumstances in calculating their tax liability. However, the Act allows certain bonds to be qualified bonds which can be included in a bank's calculation of interest deduction. That qualification is reserved for municipalities that will issue less than $10,000,000 of tax-exempt debt within a calendar year. The City does not expect to exceed this $10,000,000 limit in 1995, and therefore these issues will be bank-qualified. This qualification will help the marketability of the issues. Rating We recommend the City authorize Springsted Incorporated to apply for a rating of these issues on your behalf from Moody's Investors Service of New York, New York. We will assist the City in gathering the necessary information upon which Moody's will base their rating analysis, and we note Moody's will bill its fee directly to the City. Sale Procedure Springsted Incorporated, together with Capital Guaranty Insurance Company, a municipal bond insurer, will again offer a surety bond service, "Sure-Bid," to underwriters in lieu of putting up a good faith check in order to bid on the bonds. In addition to allowing underwriters to submit their bids by mail or telephone, we will also allow them to submit bids through PARITY, an electronic bid filing process. Springsted has access to the bids via modem and will verify and tabulate the bids received to determine the winning bid. We have allowed for the use of Sure- Bid and PARITY in the Terms of Proposal for each issue, attached to these recommendations. We believe that the use of these bidding options may attract more bids for the bond sales, since it reduces administrative barriers for an underwriter to bid. There is no cost to the City for these services and Springsted does not have a financial interest in the use of Sure-Bid or PARITY. We recommend these bonds be offered for sale on Tuesday, October 3, 1995, with proposals received in the offices of Springsted Incorporated at 11:00 A.M. Subsequent to the receipt of these proposals, we will tabulate the results and present them to the City Council for consideration of award at 7:00 P.M. the same day. Bond proceeds will be available to the City the first week in November. 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CO C) 0 - N Cr) et tf) CO 1�• .4-' 0 CL +, 0 +- N C) Cr) Cr) OOOOOOOO •• CO (/) 17 0 • CO CC -- M0) 0) 00000000 >4C= 0 C Y a < 0 L 2 r r 4- N N N N N N N N .0 7 L co O 0 O N L CC 4-' L -1 C/) 0 Cr) 4.0 >. L 7 7 CC CC 0 .- C C4 4-' C CC ++ 7 4- •• •• 1--4 4- >+ tf) CO 1` CO C) 0 r N C) et it) •• 0 CQ C V) ++ O 0 N •• 0 0 > .- C) 0C) C7 C) 000000 CO ) 3Q • 0 0 CO a) D L +' C) — C) 0) 0) C) C) 0 0 0 0 0 0 J 0 L CO >,4- •.t 0 7 V) L J N N N N N N '< D • • • O Page 10 +, - C.. +, 4-0 L CO F- C C) C -' 0.))►-+ 49 .•t C) 0 CO CO •'-4 0 0 0 > > • c L UCHC/) O2 U- >- 1— COQQH City of Shakopee, Minnesota Prepared August 23, 1995 APPENDIX IV $1 ,150,000 G.O. Storm Water Revenue Bonds, By SPRINGSTED Incorporated Series 1995B Dated: 11 - 1 -1995 Mature: 2- 1 First Interest: 8- 1 -1996 Total Year of Year of Principal Levy Mat. Principal Rates Interest & Interest (1 ) (2) (3) (4) (5) (6) 1995 1997 80,000 4.20% 69,165 149,165 1996 1998 100,000 4.35% 51 ,972 151 ,972 1997 1999 105,000 4.50% 47,622 152,622 1998 2000 105,000 4.60% 42,897 147,897 1999 2001 110,000 4.70% 38,067 148,067 2000 2002 115,000 4.85% 32,897 147,897 2001 2003 125,000 4.95% 27,319 152,319 2002 2004 130,000 5.05% 21 ,131 151 ,131 2003 2005 135,000 5. 15% 14,566 149,566 2004 2006 145,000 5.25% 7,613 152,613 TOTALS: 1 ,150,000 353,249 1 ,503,249 Bond Years: 7, 122.50 Annual Interest: 353,249 Avg. Maturity: 6. 19 Plus Discount: 11 ,500 Avg. Annual Rate: 4.960% Net Interest: 364,749 T.I .C. Rate: 5. 136% N. I .C. Rate: 5.121% Interest rates are estimates; changes may cause significant alterations of this schedule. The actual underwriter's discount bid may also vary. Page 11 THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $3,180,000 CITY OF SHAKOPEE, MINNESOTA GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 1995A (BOOK ENTRY ONLY) Proposals for the Bonds will be received on Tuesday, October 3, 1995, until 11:00 A.M., Central Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 7:00 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Proposals may be submitted in a sealed envelope or by fax (612) 223-3002 to Springsted. Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (612) 223-3000 or fax (612) 223-3002 for inclusion in the submitted Proposal. Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. Proposals may also be filed electronically via PARITY, in accordance with PARITY Rules of Participation and the Terms of Proposal, within a one-hour period prior to the time of sale established above, but no Proposals will be received after that time. If provisions in the Terms of Proposal conflict with the PARITY Rules of Participation, the Terms of Proposal shall control. The normal fee for use of PARITY may be obtained from PARITY and such fee shall be the responsibility of the bidder. For further information about PARITY, potential bidders may contact PARITY at 100 116th Avenue SE, Suite 100, Bellevue, Washington 98004, telephone (206) 635-3545. Neither the City nor Springsted Incorporated assumes any liability if there is a malfunction of PARITY. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner of the Proposal submitted. DETAILS OF THE BONDS The Bonds will be dated November 1, 1995, as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing Augustl, 1996. Interest will be computed on the basis of a 360-day year of twelve 30-day months. The Bonds will mature February 1 in the years and amounts as follows: 1997 $ 95,000 2001 $395,000 2005 $210,000 1998 $480,000 2002 $390,000 2006 $210,000 1999 $400,000 2003 $210,000 2007 $185,000 2000 $395,000 2004 $210,000 Page 12 BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, representing the aggregate principal amount of the Bonds maturing in each year, will be registered in the name of Kray & Co. as nominee of Midwest Securities Trust Company ("MSTC"), Chicago, Illinois, which will act as securities depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of MSTC and its participants. Principal and interest are payable by the registrar to MSTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of MSTC will be the responsibility of MSTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with MSTC. REGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The City may elect on February 1, 2005, and on any day thereafter, to prepay Bonds due on or after February 1, 2006. Redemption may be in whole or in part and if in part at the option of the City and in such manner as the City shall determine. If less than all Bonds of a maturity are called for redemption, the City will notify MSTC of the particular amount of such maturity to be prepaid. MSTC will determine by lot the amount of each participant's interest in such maturity to be redeemed and each participant will then select by lot the beneficial ownership interests in such maturity to be redeemed. All prepayments shall be at a price of par plus accrued interest. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition the City will pledge special assessments against benefited property. The proceeds will be used to finance the construction of various improvements within the City. TYPE OF PROPOSALS Proposals shall be for not less than $3,148,200 and accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ("Deposit") in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $31,800, payable to the order of the City. If a check is used, it must accompany each proposal. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The City will deposit the check of the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can Page 13 be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1%. Rates must be in ascending order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non-substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and, (iii) reject any proposal which the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser at a place mutually satisfactory to the City and the purchaser. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Dorsey & Whitney P.L.L.P. of Minneapolis, Minnesota, and of customary closing papers, including a no-litigation certificate. On the date of settlement payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Except as compliance with the terms of payment for the Bonds shall have been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non-compliance with said terms for payment. Page 14 CONTINUING DISCLOSURE: In order to permit the underwriters purchasing the bonds to comply with paragraph (b)(5) of Rule 15c2-12, in the Resolution authorizing and ordering the issuance of the bonds the Council will covenant and agree for the benefit of the holders from time to time of the bonds, to comply with Rule 15c2-12, paragraph (b)(5). A description of the Council's undertaking is set forth in the Preliminary Official Statement. OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly-final Official Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (612) 223-3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2-12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 125 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated September 5, 1995 BY ORDER OF THE CITY COUNCIL /s/Judith Cox Clerk Page 15 THE CITY HAS AUTHORIZED SPRINGSTED INCORPORATED TO NEGOTIATE THIS ISSUE ON ITS BEHALF. PROPOSALS WILL BE RECEIVED ON THE FOLLOWING BASIS: TERMS OF PROPOSAL $1,150,000 CITY OF SHAKOPEE, MINNESOTA GENERAL OBLIGATION STORM WATER REVENUE BONDS, SERIES 1995B (BOOK ENTRY ONLY) Proposals for the Bonds will be received on Tuesday, October 3, 1995, until 11:00 A.M., Central Time, at the offices of Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota, after which time they will be opened and tabulated. Consideration for award of the Bonds will be by the City Council at 7:00 P.M., Central Time, of the same day. SUBMISSION OF PROPOSALS Proposals may be submitted in a sealed envelope or by fax (612) 223-3002 to Springsted. Signed Proposals, without final price or coupons, may be submitted to Springsted prior to the time of sale. The bidder shall be responsible for submitting to Springsted the final Proposal price and coupons, by telephone (612) 223-3000 or fax (612) 223-3002 for inclusion in the submitted Proposal. Springsted will assume no liability for the inability of the bidder to reach Springsted prior to the time of sale specified above. Proposals may also be filed electronically via PARITY, in accordance with PARITY Rules of Participation and the Terms of Proposal, within a one-hour period prior to the time of sale established above, but no Proposals will be received after that time. If provisions in the Terms of Proposal conflict with the PARITY Rules of Participation, the Terms of Proposal shall control. The normal fee for use of PARITY may be obtained from PARITY and such fee shall be the responsibility of the bidder. For further information about PARITY, potential bidders may contact PARITY at 100 116th Avenue SE, Suite 100, Bellevue, Washington 98004, telephone (206) 635-3545. Neither the City nor Springsted Incorporated assumes any liability if there is a malfunction of PARITY. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the City to purchase the Bonds regardless of the manner of the Proposal submitted. DETAILS OF THE BONDS • The Bonds will be dated November 1, 1995 as the date of original issue, and will bear interest payable on February 1 and August 1 of each year, commencing August 1, 1996. Interest will be computed on the basis of a 360-day year of twelve 30-day months. The Bonds will mature February 1 in the years and amounts as follows: 1997 $ 80,000 2001 $110,000 2004 $130,000 1998 $100,000 2002 $115,000 2005 $135,000 1999 $105,000 2003 $125,000 2006 $145,000 2000 $105,000 BOOK ENTRY SYSTEM The Bonds will be issued by means of a book entry system with no physical distribution of Bonds made to the public. The Bonds will be issued in fully registered form and one Bond, Page 16 representing the aggregate principal amount of the Bonds maturing in each year, will be registered in the name of Kray & Co. as nominee of Midwest Securities Trust Company ("MSTC"), Chicago, Illinois, which will act as securities depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of MSTC and its participants. Principal and interest are payable by the registrar to MSTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of MSTC will be the responsibility of MSTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The purchaser, as a condition of delivery of the Bonds, will be required to deposit the Bonds with MSTC. REGISTRAR The City will name the registrar which shall be subject to applicable SEC regulations. The City will pay for the services of the registrar. OPTIONAL REDEMPTION The Bonds will not be subject to payment in advance of their respective stated maturity dates. SECURITY AND PURPOSE The Bonds will be general obligations of the City for which the City will pledge its full faith and credit and power to levy direct general ad valorem taxes. In addition the City will pledge net revenues of its storm drainage system. The proceeds will be used to finance the construction of improvements to the City's storm drainage system. TYPE OF PROPOSALS Proposals shall be for not less than $1,138,500 and accrued interest on the total principal amount of the Bonds. Proposals shall be accompanied by a Good Faith Deposit ("Deposit") in the form of a certified or cashier's check or a Financial Surety Bond in the amount of $11,500, payable to the order of the City. If a check is used, it must accompany each proposal. If a Financial Surety Bond is used, it must be from an insurance company licensed to issue such a bond in the State of Minnesota, and preapproved by the City. Such bond must be submitted to Springsted Incorporated prior to the opening of the proposals. The Financial Surety Bond must identify each underwriter whose Deposit is guaranteed by such Financial Surety Bond. If the Bonds are awarded to an underwriter using a Financial Surety Bond, then that purchaser is required to submit its Deposit to Springsted Incorporated in the form of a certified or cashier's check or wire transfer as instructed by Springsted Incorporated not later than 3:30 P.M., Central Time, on the next business day following the award. If such Deposit is not received by that time, the Financial Surety Bond may be drawn by the City to satisfy the Deposit requirement. The City will deposit the check of the purchaser, the amount of which will be deducted at settlement and no interest will accrue to the purchaser. In the event the purchaser fails to comply with the accepted proposal, said amount will be retained by the City. No proposal can be withdrawn or amended after the time set for receiving proposals unless the meeting of the City scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. Rates shall be in integral multiples of 5/100 or 1/8 of 1%. Rates must be in ascending order. Bonds of the same maturity shall bear a single rate from the date of the Bonds to the date of maturity. No conditional proposals will be accepted. Page 17 AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The City's computation of the interest rate of each proposal, in accordance with customary practice, will be controlling. The City will reserve the right to: (i) waive non-substantive informalities of any proposal or of matters relating to the receipt of proposals and award of the Bonds, (ii) reject all proposals without cause, and, (iii) reject any proposal which the City determines to have failed to comply with the terms herein. BOND INSURANCE AT PURCHASER'S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the underwriter, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the purchaser of the Bonds. Any increased costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the purchaser, except that, if the City has requested and received a rating on the Bonds from a rating agency, the City will pay that rating fee. Any other rating agency fees shall be the responsibility of the purchaser. Failure of the municipal bond insurer to issue the policy after Bonds have been awarded to the purchaser shall not constitute cause for failure or refusal by the purchaser to accept delivery on the Bonds. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto will constitute cause for failure or refusal by the purchaser to accept delivery of the Bonds. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the purchaser. SETTLEMENT Within 40 days following the date of their award, the Bonds will be delivered without cost to the purchaser at a place mutually satisfactory to the City and the purchaser. Delivery will be subject to receipt by the purchaser of an approving legal opinion of Dorsey & Whitney P.L.L.P. of Minneapolis, Minnesota, and of customary closing papers, including a no-litigation certificate. On the date of settlement payment for the Bonds shall be made in federal, or equivalent, funds which shall be received at the offices of the City or its designee not later than 12:00 Noon, Central Time. Except as compliance with the terms of payment for the Bonds shall have been made impossible by action of the City, or its agents, the purchaser shall be liable to the City for any loss suffered by the City by reason of the purchaser's non-compliance with said terms for payment. CONTINUING DISCLOSURE: In order to permit the underwriters purchasing the bonds to comply with paragraph (b)(5) of Rule 15c2-12, in the Resolution authorizing and ordering the issuance of the bonds the Council will covenant and agree for the benefit of the holders from time to time of the bonds, to comply with Rule 15c2-12, paragraph (b)(5). A description of the Council's undertaking is set forth in the Preliminary Official Statement. Page 18 it OFFICIAL STATEMENT The City has authorized the preparation of an Official Statement containing pertinent information relative to the Bonds, and said Official Statement will serve as a nearly-final Official Statement within the meaning of Rule 15c2-12 of the Securities and Exchange Commission. For copies of the Official Statement or for any additional information prior to sale, any prospective purchaser is referred to the Financial Advisor to the City, Springsted Incorporated, 85 East Seventh Place, Suite 100, Saint Paul, Minnesota 55101, telephone (612) 223-3000. The Official Statement, when further supplemented by an addendum or addenda specifying the maturity dates, principal amounts and interest rates of the Bonds, together with any other information required by law, shall constitute a "Final Official Statement" of the City with respect to the Bonds, as that term is defined in Rule 15c2-12. By awarding the Bonds to any underwriter or underwriting syndicate submitting a proposal therefor, the City agrees that, no more than seven business days after the date of such award, it shall provide without cost to the senior managing underwriter of the syndicate to which the Bonds are awarded 50 copies of the Official Statement and the addendum or addenda described above. The City designates the senior managing underwriter of the syndicate to which the Bonds are awarded as its agent for purposes of distributing copies of the Final Official Statement to each Participating Underwriter. Any underwriter delivering a proposal with respect to the Bonds agrees thereby that if its proposal is accepted by the City (i) it shall accept such designation and (ii) it shall enter into a contractual relationship with all Participating Underwriters of the Bonds for purposes of assuring the receipt by each such Participating Underwriter of the Final Official Statement. Dated September 5, 1995 BY ORDER OF THE CITY COUNCIL /s/Judith Cox Clerk Page 19