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HomeMy WebLinkAbout11/06/1996 TENTATIVE AGENDA CITY OF SHAKOPEE REGULAR SESSION SHAKOPEE CITY COUNCIL NOVEMBER 6, 1996 - WEDNESDAY - LOCATION: 129 Holmes Street South Mayor Jeff Henderson presiding 1] Roll Call at 7 : 00 P.M. 2] Approval of Agenda 3] Liaison Reports from Councilmembers 4] Mayor' s Report 5] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS *6] Approval of Minutes : October 1, 1996 *7] Approve Bills in the Amount of $301, 515. 87 8] Communications A] Rahr Malting presentation regarding privatizing their waste water treatment 9] Public Hearings : A] 7 : 00 P.M. - Proposed assessments for Vierling Drive public improvements between CR-15 and Presidential Lane, 1994-7, Res . No. 4558 B] 7 : 15 P.M. - Proposed assessments for Vierling Drive public improvements between CR-79 and CR-77, 1995-6, Res . No. 4557 10] Recommendations From Boards and Commissions *A] Canterbury Park 2nd Addition, PUD #7, Ord. No. 465 *B] Meadows South Final Plat Amendment - Res . 4561 *C] Larry Anderson Variance For Garage Addition - CC-771 11] General Business A] Police/Fire a] COPS Universal Hiring Program Grant b] Hiring Police Officers *c] Police Motorcycle d] Purchase of Unused Holiday Time *e] St. Francis Building - Training Site, Res . 4533 TENTATIVE AGENDA November 6, 1996 Page -2- 11] A] Police/Fire continued *f] Purchase of Full Size Squad Car g] Appointment to Police Civil Service Commission *h] MDT Lease Agreement B] Community Development a] Centres Group - Extension of Development Agreement *b] Affordable Housing - Res . No. 4559 *c] Growth Options C] Engineering a] 4th Avenue and Apgar Street Signage *b] McKenna Road Improvement Project - Street Light *c] Aerial Photography Agreement with Scott County *d] Wetland Banking Plan for Valley Park 13th Addition, Res . No. 4560 e] Dean' s Lake Outlet Improvement Feasibility Report - Res . No . 4546 f] Authorization of Public Works Personnel - Res . 4553 g] Sanitary Sewer Encroachment Agreement with Metropolitan Council D] General Administration *a] 1996 Budget Amendments - Res . No . 4552 b] Audit Comment Follow-up c] League of Minnesota Cities Policies d] Community Center Waterproofing Repair e] Long Term Employee Retirement Benefits *f] Declaring Results of Election - Res . 4555 & 4556 4 g] Blocks 3 & 4 Demolition Specifications Contract h] Setting Dates for Workshop Meetings i] Suburban Rate Authority Amendments j ] Copy Machine Purchase k] City Administrator - Dues Reimbursement 12] Other Business 13] Recess for executive session to discuss labor negotiations and matters permitted under attorney-client privilege 14] Re-convene 15] Adjourn to Tuesday, November 19, 1996 at 7 : 00 P.M. Reminder: Committee of the Whole meeting Nov. 26, 1996 at 5: 00 P.M. *Anticipated to be routine items. !_ OFFICIAL PROCEEDINGS OF THE CITY COUNCIL REGULAR SESSION SHAKOPEE, MINNESOTA OCTOBER 1, 1996 Mayor Henderson called the meeting to order at 7:02 P.M. with Councilmembers DuBois, Zorn, Sweeney, and Link present. Also present: Mark McNeill, City Administrator; Bruce Loney, Public Works Director/City Engineer; R. Michael Leek, Acting Community Development Director; Judith S. Cox, City Clerk; Gregg Voxland, Finance Director; and Jim Thomson, City Attorney. Mayor Henderson acknowledged Commissioner Bannerman's presence. The following items were added to the agenda: 13a) Shakopee Community Arts Council 13b) Meeting with County Administrator in reference to the County Campus& street closings. Zorn/Link moved to approve the agenda. Motion carried unanimously. DuBois/Link offered Resolution No. 4523, A Resolution of Appreciation to Richard Mulcrone, and moved its adoption. Motion carried unanimously. Mayor Henderson read and presented the resolution of appreciation to Richard Mulcrone. Mr. Mulcrone extended his appreciation to the Shakopee Police Department for their cooperation and the Civil Service Commission members for their cooperative efforts over the last six years. He also thanked the Mayor and Councilmembers for the opportunity to have served the City in this function and said that he looked forward to having the opportunity again when he returns to the community. Liaison reports were given by Councilmembers. Mayor Henderson gave the Mayor's report. Mayor Henderson asked if there was anyone in the audience who wished to address the City Council on any item not on the agenda: There was no response. Sweeney/DuBois moved to approve the Minutes of August 27, and September 3, 1996. Motion carried unanimously. Zorn/Sweeney moved to approve bills in the amount of $479,367.86. Motion carried unanimously. Michael Leek reported that the Planning Commission has reviewed and recommended approval of the Final Plat for Prairie Village 1st Addition with the condition that a 20 foot easement be provided on Lot 13, Block 1 of the Subdivision for water service prior to recording the Plat. Official Proceedings of the October 1, 1996 Shakopee City Council Page -2- Sweeney/Zorn moved to amend Resolution No. 4524, A Resolution of the City of Shakopee, Minnesota, Approving The Final Plat For Prairie Village 1st Addition, to include Item A.2.0 requiring an additional 20 foot easement for water connection purposes on Block 1, Lot 13. Motion carried unanimously. Sweeney/Link offered Resolution No. 4524, A Resolution of the City of Shakopee, Minnesota, Approving The Final Plat For Prairie Village 1st Addition, and moved its adoption. Motion carried unanimously. Michael Leek reported that the Planning Commission reviewed the PUD (Planned Unit Development) for Canterbury Park 2nd Addition and recommended changes to the proposed uses. Cncl. Sweeney explained that public recreation is allowed in this proposed PUD but questioned whether the lot size requirements would preclude an amphitheater. Michael Leek explained that the proposed use would require a larger lot to comply with the requirements. The zoning code defines the use as "any use commonly provided for, and open to the public at parks, playgrounds, community centers, or other similar sites owned or operated by a government unit for the purpose of providing recreation." He added that this definition does not specifically address amphitheaters and that there may be a problem in the current definition. In response to a request for background information, Cncl. Sweeney explained that the problem as perceived by the public is that the noise that would arise from a concert format would carry over much of the City as well as other problems associated with concerts. He added that amphitheaters are not specifically excluded at this time. A discussion ensued relating to permitted uses. In response to a question as to whether amphitheaters would specifically be excluded from public recreation in this PUD, Mr. Thomson explained that uses may be modified in the development plan. Michael Leek explained that the key words in the definition of public recreation are "open to the public" and facilities "owned or operated by a unit of government" adding that amphitheaters would be covered under commercial recreation and would require a conditional use permit. Jon Albinson, Valley Green Business Park, approached the podium and suggested modifying the ordinance to exclude amphitheaters unless there is a specific understanding of the definition of public recreation. A discussion ensued relating to well head protection. Official Proceedings of the October 1, 1996 Shakopee City Council Page -3- Jon Albinson explained that SPUC is currently in the process of drafting a well head protection policy. He said that in the process of defining future development they will also be defining additional levels of storm ponding as required. The County is concerned about the future of the area relative to storm ponding in the County Road 16 area. The County is required to develop a ponding area south of the area and are lining the pond with clay. He said it is safe to assume that whatever ponds they create in addition to the County pond would likely require a clay lining to minimize infiltration. Council Sweeney stated that he would like the record to reflect that Mr. Albinson has indicated that when the Well Head Protection Plan is approved that the developer will not contest the requirements of the plan with respect to this area. Michael Leek explained that the idea behind this PUD concept was that the uses would be consistent and complimentary to the larger existing recreational uses. Jon Albinson stated that whatever is required at the time of development will be done. He added that although the Well Head Protection Plan does not exist it can be a part of the subdivision process. Zorn/Sweeney offer Ordinance No. 465, An Ordinance of the City of Shakopee, Minnesota, Amending The Zoning Map Adopted In City Code Section 11.03 by Rezoning Land Located South Of Canterbury Park North Of County Road 16 And The Shakopee Bypass From Major Recreation (M-R) To Planned Unit Development Overlay Zone No. 9, and moved its adoption. Motion carried unanimously. Jon Albinson stated that he may find himself in conflict with government policies in the future as there is more than one governmental agency involved. Michael Leek reported that the proposed PUD (Planned Unit Development of Norbert Theis) includes an existing single-family home. Exclusive of the single-family home, townhouse style buildings ranging from 2-8 units per building are proposed. Regarding roadway connections, the PUD will now connect to Apple Blossom Lane and Orchard Parkway in addition to a northerly connection servicing individual units by private drives. In response to a question as to why Mn/DOT is involved if Shakopee paid for the system, Mr. Loney explained that Mn/DOT purchased the Upper Valley Drainage right of way and in order to connect to it a permit is required. Zorn/Sweeney offered Ordinance No. 466, An Ordinance of the City of Shakopee, Minnesota, Amending The Zoning Map Adopted In City Code Sec. 11.03 By Rezoning Land Commonly Known As The Southwest Corner Of The Shakopee Bypass And County Road 79, South Of Official Proceedings of the October 1, 1996 Shakopee City Council Page -4- Mound Street, From Urban Residential (R-1B) To Planned Unit Development Overlay Zone No. 7, and moved its adoption. Motion carried unanimously. Michael Leek stated that the Planning Commission reviewed the request (from Midwest Commercial Development) for an amendment to the zoning map and determined it to be consistent with the guide plan for this area for commercial uses. Link/Zorn offered Ordinance No. 464, An Ordinance of the City of Shakopee, Minnesota, Amending The Zoning Map Adopted In City Code Sec. 11.03 By Rezoning Land Located At The Southwest Corner of Vierling Drive And C.R. 17 From Agricultural Preservation (AG) Zone To Highway Business (B-1) Zone, and moved its adoption. Motion carried unanimously with Cncl. DuBois abstaining. Michael Leek reported that comments for the Environmental Assessment Worksheet (EAW) were received as well as comments from Mn/DOT. He said he will be responding to those as there is nothing that necessitates postponing acting on the EAW. Zorn/DuBois offered Resolution No. 4525, A Resolution Making a Negative Declaration On The Environmental Assessment Worksheet For ADC Telecommunications, Inc., and moved its adoption. In response to a question as to whether comments received after the comment period is closed must be considered, Mr. Thomson replied that there is no legal requirement, however, it would be best to consider them. Motion carried unanimously. Mark McNeill reported that staff had met with Roger Guenette Advanced Resources and Steve Chavez, Group Council for ADC Telecommunications, Inc. in efforts to respond to the financial request of ADC regarding the potential location of their company in Shakopee. Staff also met with Springsted Inc. and a number of alternatives were considered. Roger Guenette approached the podium and explained that City staff and representatives of ADC have worked to find a solution to meet the company's request for financial assistance in the amount of$1.5 million. They also met with the EDA who then recommended that the City Council come to a mutually satisfactory arrangement. The potential allocation of approximately $600,000 of existing tax increments was discussed. However, this option was not viable as the revenues were initially available as a result of the City identifying various needs and worth while projects. Mr. Guenette said that the company does not want to put the City in a position where they have to take revenues allocated for other projects and direct them toward ADC. In addition, some of the revenues are from an area the City could not guarantee. He said that if there is an agreement they would like it to be under the control of the City and the Company alone. Also discussed was the Official Proceedings of the October 1, 1996 Shakopee City Council Page -5- potential of establishing a Tax Increment District on the proposed project site and the possibility of seeking special legislation to allow an inflationary escalator exclusion. The problem is there would not be an answer until April or May and asking the legislature to take action after the fact would undermine the basis for the request. The alternative as outlined in a letter of intent calls for a local alternative Tax Increment Subsidy. Mr. Guenette then reviewed the letter of intent. Mr. Guenette explained that the Scott County Board has indicated that action was taken to forward this issue on for formal consideration at their October 8 meeting. They also indicated that they felt the proposal was reasonable and that the project would be a valuable economic attribute. He added that they took no formal action but would more likely favor this if the City also affirms this. He said that this is workable and satisfies the request, putting the initial financial burden on the company and holding the City accountable to the extent that the company generates the tax revenues identified in the agreement. He requested that the Council look favorable on the request and authorize execution of the letter of intent subject to ratification of the EDA. He added that the project will have a 6 mega watt power requirement. ADC Engineers have estimated that the utility bill for the new facility will be in excess of$900,000 annually to Shakopee Public Utilities. Mark McNeill explained that the current City-wide demand is 35 mega watts per year, noting this would be a large increase. He added that this proposal would be a contractual agreement for the County and for the City to give up its share of taxes otherwise generated from this facility. The school district has not been contacted and the assumption is that distribution to them would be normal. A discussion ensued as to the length of time required to produce these dollars. Cncl. Sweeney stated that he would like to see$570,000 included in the figures to show the reduced amount. Mr. Guenette explained that the state grant of $ 250,000 would not be available until early 1997 and the income would begin in July of 1999 semi-annually with the second payment in December. He added that the request has been for $1.5 million but if this can be done earlier or at a lesser amount there would be no argument and he would agree to reduce the amounts accordingly. Cncl. Sweeney requested that language be included in the letter of intent stating there would be no problem with adjusting the amount if this could be done in a shorter period of time or at a lesser amount. He also asked that the staff recommendation by the County Staff Review, which was a favorable recommendation to the Committee of the Whole be included. Mayor Henderson emphasized that the City definitely wants ADC. He explained that the problem is how and when to apply TIF. He thanked Mr. Guenette for the proposal, adding that the School District is protected and said he supported it. Sweeney/Zorn moved to direct staff to revise the letter of intent with ADC Telecommunications, with the intent that it represents the direction the City intends to move. Official Proceedings of the October 1, 1996 Shakopee City Council Page -6- Jim Thomson recommended the addition of a "Whereas" clause which states "ADC has requested Total Incentive Financing with a net present value of$1.5 million," and amending paragraph 4 to read " The City, through its Economic Development Authority will provide up to $570,000 by an annual pay as you go contribution." Gary Fields, Financial Consultant, concurred that the dollar amount be included as the annual payment is lower than represented. He added that this type of local effort TIF is sufficient and flexible as resources may be generated over a shorter period of time. However, one drawback is that these are contractual agreements between the City and the EDA, the EDA and the company, and the County and the company, and long-term agreements will be coming out of the City's operating levy. Mr. Fields stated that the current Department of Trade and Economic Development Program requires that the first $100,000 of a grant be paid, adding that a waiver, allowing a grant for the full $250,000 has been discussed and is a contingency still to be worked out. Motion carried unanimously. Sweeney/Zorn moved to allow the appropriate officials to sign the letter of intent with ADC Telecommunications when the City Attorney is satisfied with the wording. Motion carried unanimously. A 10 min. recess was taken at 8:26 P.M. The meeting re-convened at 8:40 P.M. The following items were taken out of order on the agenda: 12.D.e) Authorize Dial-a-Ride Services for ECFE, and 13.b.) County Campus Meeting. Mark McNeil reported that the Council has previously approved the use of Dial-a-Ride for going to Jackson and Louisville Townships to pick up participants in the ECFE Education Program. Sandy Coder, Program Director, has requested that this be repeated this year. He said that Dial-a- Ride Management has indicated that this has created some problems for other residents in Jackson and Louisville Townships. He explained that there has always been a surplus at the end of the year, so ridership to these areas was not an issue. However, a deficit of$52,800 is projected for 1997. A request was made to provide services to those participants in Jackson and Louisville Townships through the first session of classes which would go through the first week of December at which time calls could be analyzed and the deficit in the transit fund could be addressed. Sweeney/DuBois moved to authorize the use of Dial-a-Ride services for ECFE participants (in Jackson and Louisville Townships) beginning October 1, through December 15, 1996. A discussion ensued as to whether the Townships could pay the subsidy of approximately $5.00. Mr. McNeill explained that this was not acceptable in previous discussions. Official Proceedings of the October 1, 1996 Shakopee City Council Page -7- Sandy Coder, ECFE Program Director, approached the podium and stated that it was her understanding that the subsidy is for K-12. She explained that programs are run Monday through Friday and three week nights, servicing approximately 600 parents and children a week. She explained that the program in question is called "Learning Readiness" for families with preschoolers entering Kindergarten next year who can't afford to send their children to private preschool or aren't eligible for Head Start. The transportation system was started as a pilot in 1995 and was continued with Council approval for the remainder of the school year. She explained that currently there is only one family without any other way to get to class. Discussion ensued regarding other transportation options and the school's responsibility to provide transportation. Motion carried 4-1 with Cncl. Zorn opposed. Sweeney/Zorn moved to direct staff to contact those entities involved with Early Childhood Family Education with the message that the City will subsidize the transportation of participants in the program from the townships through December 15, 1996 and after December 15, we will not be subsidizing. Motion carried unanimously. Mayor Henderson reported that due to mis-communications from the County regarding the closure of Atwood and Fuller streets (in connection with the County Campus) Mr. McNeill was asked to set up a meeting with Mr. Cunningham, County Administrator, to discuss this issue. Information was requested from the County to bring the Council up to date. The County will put together a consolidated plan with time lines to bring the Council up to date and a City Council-County Board meeting will also be held. They will also be looking at alternatives to formalize previous discussions that took place for discussion. He said that the County needs to understand the impact on the City and added that Mr. Cunningham has agreed to put this information together, including facts and figures to get dialogue started. He ended, saying that the Council does want the County Campus and is willing to work with them in the process. Mark McNeill said that the County is looking for a decision within the next 30 days. Commissioner Bannerman noted that a deadline was set for the end of October and reminded the Council that the County will be asking Councilmembers for alternatives. Mayor Henderson stated that if any Councilmember has a specific comment they would like addressed, they should pass them on to Mark McNeill by Friday. Commissioner Bannerman commented that the suggestion of a catwalk is prohibitively expensive. He added that it was the County's understanding, based on previous discussions, that Fuller Street would be vacated, and that the dispute is with Atwood Street and alternatives to that. He added that it is the County Commissioner's opinion that the previous Council had agreed that Atwood Street would be vacated. However, this vacation was not clearly understood. Official Proceedings of the October 1, 1996 Shakopee City Council Page _8_ In response to a question as to whether there was anything in writing addressing the vacation of Atwood Street, Mr. Thomson stated that the language is vague. However, the City's agreement to cooperate with the County includes transportation needs. A discussion ensued as to whether there was a written agreement to vacate Atwood Street and it was noted that no decision can be made without a public hearing. Mayor Henderson explained that the Council needs to know what the plan is and what the City and County want to do, keeping in mind that this is a 15 year time plan and at this time education and information have been requested. He said the Council needs to work with the County at least in concept and the agreements of the previous Council will be honored. However, the Council's responsibility lies with the citizens of Shakopee. There was a consensus to set aside October 22 and October 29, 1996 to meet with the County to discuss alternatives. The deadline to submit any comments or questions to be communicated to Mark McNeill was Friday morning. The remainder of the items were taken in normal sequence on the agenda beginning with 12.B.a.) Accepting Bids for 10th Avenue and Swift Street Bituminous Overlay. Sweeney/Zorn offered Resolution No. 4526, A Resolution Accepting Bids For Bituminous Overlay On 10th Avenue, From County State Aid Highway 17 To Shakopee Avenue; And Swift Street, From 10th Avenue To Shakopee Avenue Project No. 1996-10, and moved its adoption. Motion carried unanimously. Sweeney/Zorn moved to authorize a 10% contingency amount for use by the City Engineer in authorizing change orders or quantity adjustments on the 1996-10 project, noting that the 10% fee makes sense as this is a small project. Motion carried unanimously. Zorn/Link offered Resolution No. 4528, A Resolution Approving a Wetland Replacement Plan for Valley Green Business Park Limited Partnership, and moved its adoption. Motion carried unanimously. DuBois/Sweeney offered Resolution No. 4527, A Resolution Ordering The Preparation Of A Report On Street Light Improvements On Monroe Street, From 11th Avenue to 12th Avenue, and moved its adoption. A discussion ensued regarding the placement of street lights. In response to a question as to the validity of the petition with 100% of the signatures, Mr. Loney explained that the problem occurs if the property is owned by a husband and wife. In order to be a valid petition both must sign. Official Proceedings of the October 1, 1996 Shakopee City Council Page -9- A discussion ensued relating to a feasibility report and Mr. Loney explained that an underground power line would be needed and a pole placed at midblock. Motion carried unanimously. Sweeney/Zorn offered Resolution No. 4531, A Resolution Accepting Work on the St. Francis Regional Medical Center Sanitary Sewer and Watermain Improvements, Project No. 1995-2, and moved its adoption. Motion carried unanimously. Link/Zorn offered Resolution No. 4529, A Resolution Declaring the Cost to be Assessed and Ordering the Preparation of Proposed Assessments for Vierling Drive, from County Road 79 to County Road 77, Project No. 1995-6, and moved its adoption. Motion carried unanimously. DuBois/Zorn offered Resolution No. 4530, A Resolution Declaring the Cost to be Assessed and Ordering the Preparation of Proposed Assessments for Vierling Drive, from County Road 15 to Presidential Lane, Project No. 1994-7, and moved its adoption. Motion carried unanimously with Cncl. Link abstaining. Bruce Loneyreported that the County's original request to waive the fee of 7 1/2 % of the tY estimated grading cost for the Scott County Landfill Excavation Disposal and Capping project was denied by City Council. The County is now requesting that the grading permit fee be reduced to a 1% administrative fee. The reason for the reduction is that they perform the plan review and inspection of the work, therefore they feel this portion should be waived. A discussion ensued as to whose responsibility it is to oversee inspections and Mr. Loney explained that the City performs inspections on public infrastructures and follow up grading as development progresses. In response to a question as to why the developer isn't billed by the County it was noted that this was part of the contractual agreement in purchasing the right-of-way for County Road 18, and that the County received the property for less money. Steve Salto, Shakopee Crossings, approached the podium and said there seemed to be an understanding that the work took place to the benefit to the property. He explained that part of the agreement with the County included the burden of giving the County fill material. In addition, when the grading plan evolves and a project is brought forward, the site is short of soil and the cost of moving material will go up. He said that no benefit was gained by the property owner. In response to a question as to who pays for the permit. Mr. Thomson explained that the applicant wishing to do the work pays for the permit. A discussion ensued relating to a reducing the permit. Official Proceedings of the October 1, 1996 Shakopee City Council Page -10- Zorn/DuBois moved to reduce the grading permit fee to 5 1/2 % on this grading activity, for the landfill excavation disposal and capping project being done by Scott County on private property. Motion carried 4-1 with Cncl. Link opposed. A recess was taken at 9:54 P.M. The meeting re-convened at 10:09 P.M. Sweeney/Zorn moved to authorize a step increase for Mark McQuillan, Park and Recreation Director, effective October 8, 1996 (to Step 3). Motion carried unanimously. Mark McNeill requested authorization to seek proposals for a consulting attorney primarily with civil and litigation work, with the assumption that the recommendation not to fill the in-house attorney would be accepted by Council. Zorn/Link moved to direct that Requests for Proposals be solicited for the provision of civil and litigation legal assistance for the City of Shakopee, and that the City Administrator narrow applicants to a minimum of two to be selected by the City Council. Motion carried unanimously. A discussion ensued relating to consideration of the legal secretary as the legal liaison. Mr. McNeill was directed to look into how this position can best be utilized in supporting the legal actions within the City or other areas where support may be needed. Sweeney/Zorn offered Resolution No. 4522, A Resolution Appointing Judges of Election and Establishing Compensation, and moved its adoption. Motion carried unanimously. DuBois/Sweeney offered Resolution No. 4532, A Resolution Amending Resolution No. 4352, Amending The 1996 Pay Schedule For The Community Development Director Position, Of The City Of Shakopee, and moved its adoption (reflecting 113 Points, at a Pay Range of$49,945 to $62,431). A discussion ensued relating the use of the point system and who determines point values and the objectivity of them. Mark McNeill explained that point systems are determined by an initial test and weighed by a variety of things. He added that the City is in competition for a Community Development Director with other cities. He also said he has investigated the equitability on a system-wide basis and said that this may be something to look at for Shakopee and that whatever is done will need to be equitable for gender and job responsibility. In response to a question as to the level of the pay range as compared to other cities, Mr. McNeill explained that this was looked at and was to make Shakopee competitive with other cities. In addition, the responsibilities for this position were expanded. He added that this is what was advertised and agreed to in the process of interviewing for this candidate. A discussion ensued relating to what level the Council wants to get involved in the hiring process. Official Proceedings of the October 1, 1996 Shakopee City Council Page -11- Motion carried unanimously. Link/Sweeney moved to approve the raffle and waive the 30 day review period for the application from Minnesota Valley Restoration Project dba/Murphy's Landing for authorization for an exemption from lawful gambling license for a raffle at Murphy's Landing on January 18, 1997. Motion carried unanimously. Cncl. Zorn reported that complaints were received regarding the consumption of wine during an art showing by the Shakopee Community Arts Council and they were advised to stop serving wine. Mr. Zorn said that this is a fledgling organization and needs encouragement to continue. He asked that the letter to the Shakopee Arts Council be rescinded and that they be allowed to serve wine at their up-coming event. He explained that the Arts Council has a lease specifically to display arts and crafts without restrictions of alcohol and asked that they be permitted to serve wine, noting that wine is typically served at this type of gathering throughout the United States. Zorn/DuBois moved that Mark McNeill rescind the letter of September 23, 1996 to the Shakopee Arts Council (requesting that they stop serving wine). Judith Cox advised that she had written a letter regarding the liquor laws as they relate to the distribution of wine. She advised Mr. Smith that if he has a public function and advertises to the public and has anything on the premises offered for sale, a license to sell wine is needed. She added that in order to sell wine certain state requirements must be met, of which they do not qualify. On the other hand, he was advised that if there are invitations for a showing to a specific group, and there is nothing sold on the premises in conjunction with the showing, it would be considered a private showing and wine may be served. Jim Thomson explained that there is a state statute regarding the dispensing of liquor. The state law says that liquor cannot be dispensed as part of a commercial transaction. The State Liquor Control Board interprets this statue as stating that if the selling of merchandise, art is a commercial transaction, a license is needed by state law. He advised that if the Arts Council could structure the event to fit the requirement a license would not be needed. A discussion ensued relating to structuring the event so that no sales are made while serving liquor. A recess was taken for an executive session to discuss labor negotiations at 10:34 P.M. Mayor Henderson re-convened the meeting at 11:19 P.M. There was no action taken during the executive session. Sweeney/DuBois moved to adjourn to Tuesday, October 15, 1996 at 7:00 P.M. Motion carried unanimously. e meeting adjourned at 11:19 P.M. i'th S. ox, City Clerk er TenEyck, Recording Secretary 1 7 CITY OF SHAKOPEE Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director RE: City Bill List DATE: October 31, 1996 Introduction and Background Attached is a print out showing the division budget status for 1996 based on data entered as of 10/31/96 . Also attached is a regular council bill list for invoices processed to date for council approval. Included in the check list but under the control of the EDA are checks for the EDA General Fund (code 0191-XXX) and Blocks 3&4 (code 9439-xxx) in the amount of $47,495.21. Not included in the attached bill list but included in the total amount of bills shown on the agenda is the below listed subsistence/travel reimbursement for an employee. The employee (s) were away from their normal work site for a business purpose but the meal itself was not a "business purpose meal" or there was no receipt/odometer readings and therefore needs to be paid through payroll as taxable income. Mark McNeill $35. 80 Action Requested Move to approve the bills in the amount of $301,480 . 07. CITY OF SHAKOPEE EXPENSES BY DEPARTMENT 10/31/96 CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 11 MAYOR & COUNCIL 83,090 9,657 64,141 77 12 CITY ADMINISTRATOR 215,490 11,120 170,053 79 13 CITY CLERK 132,040 7,776 91,584 69 15 FINANCE 307,410 18,692 235,166 76 16 LEGAL COUNSEL 260,030 32,985 178,328 69 17 COMMUNITY DEVELOPMENT 457,930 29,036 252,055 55 18 GENERAL GOVERNMENT BUILDINGS 132,510 11,001 108,141 82 31 POLICE 1,588,500 111,011 1,215,820 77 32 FIRE 418,670 33,069 286,858 69 33 INSPECTION-BLDG-PLMBG-HTG 228,930 18,278 175,212 77 41 ENGINEERING 407,760 38,747 284,215 70 42 STREET MAINTENANCE 775,720 35,248 419,571 54 44 SHOP 116,650 8,088 81,670 70 46 PARK MAINTENANCE 304,660 26,734 255,152 84 91 UNALLOCATED 436,340 1,520 273,050 63 TOTAL GENERAL FUND 5,865,730 . 392,961 4,091,017 70 17 COMMUNITY DEVELOPMENT 463,400 72,035 344,357 74 TOTAL TRANSIT 463,400 72,035 344,357 74 I rn (i1 a Qaill'�77 H H H Di H H tat H tat H Pi H H fat fat H H at H tat H Pi H tat H H 0 0 0 C4 W O GQ 1 0 Z PI U H 01 0N M Ln V' W U1 N 00 M V' N 0 H N N N N N N N N N N N N (‘tiN V' CN L(1 In H L(1 HIn to HH Ln 0) N N to in CCV CNI CV 0 CV in cv N M M m H 0 0 H 0 H 0 0 H H 0) O O O o O O O 0 O o O O M O () O O m M H M M 0 0 0 0 0 0 0 0 N H O 0 M H 0 00 00 0 0 0 0 0 M O O O 0 H H S CO N a0 co co N N N M N N H H co H N H a) (N ri H H H M H H CO H H N M M CO N H M m V'M m WN N N VI N N M N N V dl dl dl V. 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H 0 O d' i/1 N '-I w 01 01 HH QQ (1 M H G4 H U H 0 z z H 14 14 0 AA H w ; > w A W a a w z 4 >1 w H H CH-' icgH 0 ra E+ W `�- N M El a' C4 H },71 CI) CA W aL H <N U W Q W GI O 04 CO W A 4 0x 0 H El WW w U) () H W a U H a) CW U] CZ a' W UW U Hff V' 0 H N 01 H o O O O ,"'H H N N M M Vr M V' U) V a 0 H H w w w w V N )� N U) H 1* I* it it #k it 4# it 4k ft it U Z 0 EE0EE0E0REP0 g)a) CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Rahr Malting Presentation DATE: November 1, 1996 INTRODUCTION: At the City Council meeting of November 6, 1996, there will be a brief presentation by representatives of Rahr Malting regarding a permit that has been applied for to privatize their waste water treatment . BACKGROUND: There is currently pending before the Minnesota Pollution Control Agency (MPCA) an application from Rahr Malting to discharge treated waste water into the Minnesota River. If the MPCA issues that permit, Rahr would then need to appear before the Planning Commission and obtain a Conditional Use Permit . A concern has been expressed by westside residents about potential odor if Rahr does treatment itself. According to Rahr Vice President of Operations, Bob Micheletti, the company is looking at a variety of options now as to how the water would be treated; the current permit application is solely to discharge water into the Minnesota River. Almost all of the water to be discharged is from washing grain, other waste water normally generated by the company would continue to go into the municipal sewer system. He indicates that there is a 500, 000 gallon open lagoon system at the Rahr plant now, which has not caused odor concerns before . As the company anticipates increasing their output, ultimately to 1 . 5 million gallons per day, it was the recommendation of the City previously that Rahr examine alternatives to municipal waste water treatment . Because the public comment period on the MPCA permit expires on November 12, 1996, a question has been raised as to whether some action is necessary on behalf of the neighbors by the City. Mr. Micheletti has agreed to appear before the Council at the November 6th City Council meeting to answer questions that Council may have; there is also merit in discussing how this information might be relayed to neighbors so that they may judge whether there is a need to respond during the MPCA public comment period. ACTION REQUIRED: Council should hear the presentation at the November 6 meeting, and decide what, if any, action is appropriate at that time. LL 2 11A(A,CcI.k. Mark McNeill City Administrator MM:bjm „ 111,,,N10_,,,,,,, ******44401%,..%tshil II I 4 . k q � � .R,-,,i''''i, � lo, vir • , RAHR MALTING CO. _. _ ., , _. . _ , . . . . . . , . .. . . • . , . . . , , . . ,. SINCE 1847 Introduction Rahr Malting Co. is a family-owned business established in 1847. Rahr's facility,.constructed in Shakopee in 1936, has undergone four expansions and a total annual capacity of 24 million bushels of barley malt. Rahr's product is primarily used in the brewing of beer. There are several independent maltsters. 'competing,to sell malt to a small number of large brewers in the United States. Rahr's goal is to continue to be the'largest facility producing malt in the world. = Competition • Malting is a very competitive industry = In order to create and capture market opportunities, Rahr must emphasize its strengths and reduce competitive disadvantages. A mayor,disadvantage results from the current and projected cost of wastewater treatment `Proposed Wastewater Treatment ::Rahr's'plan to construct an advanced wastewater treatment plant onsite, eliminates a competitive - disadvantage. Rahr also proposes to increase its-productive capacity which would increase the.: wastewater flow from 11 to 1.5 million gallons per day. In addition, sewer availability charges add about $1,000,000 to Rahr's cost. Rahr's wastewater treatment independence will provide a significant,opportunity for reducing `the use of the regional drinking water groundwater'supply: Minnesota River Water Quality ,The quality of the Minnesota River is currently impacted by point and nonpoint sources of pollution such that water'quality standards are exceeded. The Minnesota Pollution Control Agency has assigned maximum daily loadings of pollutants to the current point source dischargers and is seeking a 50% reductionin nonpoint source loadings upstream of the Shakopee bridge-. Rahr's discharge will be located upstream of the Shakopee bridge out of the load'allocation area. An assessment of Rahr's discharge on the Minnesota River shows no measurable.impact This meets the Metropolitan Councils' Regional Blueprint action step of "no adverse impact." Nonpoint Source:Reduction In order to offset the-wastewater discharge, Rahr Malting has developed, in cooperation with the MPCA, an innovative program toreduce nonpoint source pollution in the Minnesota River. basin.- Under this program funding will be provided to projects.which will reduce the discharge of phosphorus and other nonpoint source pollutants: In exchange for this financial support, Rahn will receive a pollutant reduction credit which can be applied against the wastewater discharge. The method of calculating.these credits is conservative, and will result in far greater water quality benefits than the.credit value PROCESS WATER TREATMENT Rahr Malting Co. will be 150 years old in 1997. It has been owned and operated by the Rahr family its entire existence. The Shakopee plant started operation in 1936. The only product produced at the facility is malted barley for the brewing industry. This industry has been undergoing major consolidations, today four large brewers produce over 85% of the beer in the U.S. The beer market has been flat at best or slightly decreasing in volume the past six years. In addition to the Shakopee plant in the U.S., Rahr jointly owns and operates a plant in Alberta, Canada. Over the years, the Shakopee facility has been expanded four times with additions in 1952, 1975, 1980 and 1992. In order to survive in this industry - Rahr's strategy has been clear, produce more product - develop a lower cost structure - sell more product. Growth is necessary to remain competitive allowing operating costs to be spread across more production units, as well as increasing our presence in the industry. This strategy has been successful for Rahr. Since 1936 Rahr has operated as a partner with the City of Shakopee. We have made every attempt to be good neighbors while demonstrating excellent environmental responsibility. Our 90 plus employees, most live in or around Shakopee, receive one of the highest wage and benefit packages in Scott County. We have always participated in helping the community make improvements. In our malting process, we begin by washing barley and soaking it much like you might steep tea, this is where 95% of our water is used. This is called our steeping process. Our usage of process water is approximately one million gallons per day. Rahr's current sewage costs are the highest for any malting plant in the U.S. and Canada. Most new malt plants constructed today have waste water treatment facilities as part of their process. . Why a Waste Water Treatment Plant • Key Midwest Malting Companies have wastewater treatment plants: Cargill - Spiritwood, ND Cargill - Jefferson Jct., WI Minnesota Malting Co. - Cannon Falls, MN • These private treatment plants and other lower cost municipal systems, where other maltsters discharge, give our competitors a significant cost advantage over Rahr. • Future expansion at the Shakopee plant is limited because any additional production would require us to procure additional sewer access rights (S.A.C.). This charge is estimated at $1 million. • Rahr would prefer to invest the $1 million in our facility, rather than an access fee that still poses limitations on future growth. • Current sewer discharge rates and SAC fees do not allow us to operate competitively or grow in the future. History of the Process • In 1992, Rahr introduced a waste water treatment project to the city. • In 1994 Rahr addressed the City Council with concern about the proposal to increase sewer rates, and the city suggested that we review a private treatment plant. • Sewer rates were increased in 1994. • In 1995 the City of Shakopee altered their comprehensive plan to allow private waste water treatment facilities per Rahr's request. • Metropolitan Council Environmental Services (M.C.E.S.) has adopted a special policy that modeled our initial request to withdraw from Blue Lake Treatment. Approval was granted by MCES to withdraw from Blue Lake in 1995. • We have negotiated an innovative program with the MPCA (Minnesota Pollution Control Agency) to reduce nonpoint source pollution in the Minnesota River. Under this program funding will be provided for projects that will reduce the discharge of phosphorous and other nonpoint source pollutants. 1996 • On October 11, 1996 a draft permit was posted, which upon completion of a WWTP, will allow Rahr to discharge noncontact cooling water (currently in effect) and treated process waste water to the Minnesota River Assurances to the Community and our Customers • Malt is 4% moisture • Malt is hydro scopic - absorbs water and moist odors • We are very sensitive to odors and odor control • Our customers will not tolerate odors near their malt. • We would not subject our neighbors and the community to undesirable elements. • We will control odors, if there are any! • Rahr has contingency plans to cover all basins if odor would become a nuisance. • We will build an advanced waste water treatment plant called a sequential batch reactor (SBR): 1) Does not generate odors 2) Research indicates that the SBR process is the best system suited for the biological waste materials in our water. 3) Will allow Rahr to meet higher standards than are currently allowed at public facilities. 4) We have been conducting research to determine the best methods of handling waste sludge, water purity for discharge and water reuse. Current Plans • A thorough research and engineering study to determine the best layout and process that will handle our easily treated waste water. • Visit SBR waste water treatment sites to determine the potential for odor. • Submit application for building permit • Submit project for final review to the Board of Directors. • Begin construction in 1997. • Contract professional operator to run treatment plant. • Upon completion and a start up period of the WWTP, Rahr's current SAC credits will revert back to the city for resale, the City of Shakopee will be able to generate $1.5 million of revenue from these SAC credits as the community grows. Research conducted by: University of California at Davis HDR Engineering RAHR MALTING COST CONTAINMENT EXPERIENCE ► GAS PIPELINE ► WORKFORCE TRANSFORMATION ► ECONOMIES OF SCALE ► MATERIAL HANDLING IMPROVEMENTS ► MALTHOUSE #5 ► CO-GENERATION / RATE REDUCTION ► TRUCK BARLEY DELIVERY WATER TREATMENT AT RAHR MALTING CO. ► DISADVANTAGE : OUR CURRENT TREATMENT COST IS HIGH ► GOOD LONG TERM INVESTMENT ► PROCESS WASTE WATER CONTAINS NO HAZARDOUS WASTE ► SBR EFFECTIVE PROVEN TECHNOLOGY ► CITY OF SHAKOPEE SUPPORT ► STRONG ECONOMIC IMPACT it /21 RAHR MALTING CO. SBR RETURN ON INVESTMENT SCENARIO 1 SCENARIO 2 CURRENT VOLUME EXPANDED VOLUME CURRENT COSTS 1,100,000 MGD 1,500,000 MGD FLOW @$1.62/GAL $650,000 $890,000 STRENGTH $250,000 $340,000 TOTAL CURRENT$ $900,000 $1,230,000 SBR OPERATING COSTS PERSONNEL $75,000 $75,000 POWER $63,000 $86,000 POLYMER $14,000 $19,000 BYPRODUCT DISPOSAL $66,000 $88,000 MAINTENANCE $65,000 $65,000 TOTAL SBR$ $283,000 $333,000 NET SAVINGS $617,000 $897,000 ANNUAL WATER FLOW COST DIFFERENTIAL KEY RAHR COMPETITORS FLOW COST 650 RAHR-SHAKOPEE,MN r250,OLG $70'2650 SPIRITWOOD,ND JEFFERSON JUNCTION,WI $7CO650 5250,DOC $702650 CANNON FALLS,MN IDAHO FALLS,ID ' „ $465,975 SWAM IZE3, MILWAUKEE,WI $602265 $350,400 MANITOWOC,WI WINONA,MN $284,700 27E125 fieT6 MOORHEAD,MN $0 $200 $400 $600 $800 $1000 Thousands D*PROJECTED ANNUAL COST DPROJECTED SAVINGS/YR *FIGURES BASED ON RAHR'S WATER USAGE WITH COMPETITORS FLOW RATES 1 PROCESS WATER TREATMENT ENVIRONMENTAL OPPORTUNITIES ► MANAGING WATER USE REUSE WATER ► NON HAZARDOUS WASTE NO SANITARY CONTRIBUTION FEED VALUE COMPOSTABLE LANDFILL ► LANDSCAPE PLAN TREES / ENCLOSURE AESTHETIC LAYOUT/APPEARANCE A COMMUNITY " PROPOSED CAPITAL INVESTMENT ► CAPACITY INCREASE ( 4 million bushels ) ► BARLEY/ MALT STORAGE ► CO-GENERATION ► WASTE WATER TREATMENT ► PLANT LANDSCAPING / IMPROVEMENTS $40 MILLION DOLLAR PLUS ( 5 YR ESTIMATE ) CAPITAL INVESTMENTS ECONOMIC IMPACT ANNUAL IMPACT OF EXPANSION= 16 MILLION DOLLARS SUPPORT COSTS 2% WEST 20% TRANSPORTATION 13% SD 10% JOBS 2% ` BARLEY PURCHASES 72% ND 30% POWER 4% T. 4S 40/( MN 40% +I' ( A +40 MILLION CONSTRUCTION COSTS RAHR MALTING COMPANY US 169 EXISTING HOLDING TANK o IQ I w 111111:9= U I Mimi BYPRODUCT HANDLING Orsi.' BUILDING1- X • z += SBR FACILITY _J THIRD AV. 1 ( r NOU 06 '96 16:16 FR HDR ENGINEERING INC 612 591 5413 TO 94967055 P.02/02 11/06/96 WED 16:50 FAX 612 564 3013 CITY GRANITE FALLS 10002 ; City ofçranitc Farts 11/1l _ft r 4,11 * • fr �' � 885Prentice Granite Falls. MN 56241-1598 1 � i 1 c___4 4. Phone 320-564-3011 - FAX 320-564-3013 GRANITE FALLS / Office of the City Manager November 6. 1996 .r0: Bob Peplin, HDR FROM: Bill Lavin, City Managerf? RE: Odor Issues - Wastewater Treatment Plant Please be advised that with the exception of one phone call in the past year,the city has not experienced any significant odor problems associated with our SBR system. Note,also, that our treatment plant is located adjacent to a residential neighborhood. Should you have any further questions or need additional information,please feel free to contact Wastewater Treatment Plant Operator john Buysse at 320/564-3338. An Equal Opportunity Employer NOU 06 '96 16:02612 5643013 PAGE.02 ** TOTAL PAGE.02 ** Benefits of Rahr's.WWTP Independence • Capacity is freed up in the sewer system for future use. • Blue Lake treatment upgrades are potentially delayed by the increased hydraulic capacity. • Blue Lake sludge disposal costs are reduced. • Rahr's clean wastewater sludge will be utilized as a beneficial product. • Rahr's sludge will.not have to undergo additional treatment before utilization that is required when industrial sludge is mixed with domestic sewage,sludge; • Rahr will bring an addition 4 million bushels of malting business to Minnesota. • Positions Rahr to become more cost competitive. . • Rahr's expansions are estimated to generate an additional $300,000 in property taxes. • will be capable of treating. and reusing water thus reducing demand on the Jordan Rahr . .aquifer'for intake water. _ • Rahr's wastewater plant design will be capable of meeting more stringent standards without the-expenditure of public funds. • Rahr can include the$1,000,000 sewer availability charge to construct it's own treatment facility. • Computer modeling indicates there will be no measurable impact on the Minnesota River. • Rahr's increased load to the river will be compensated by Rahr's corporate sponsorship program and reduced,nonpointsource loads. Upcoming Actions . . • ' Rahr Malting has submitted an NPDES permit application. to the ,MPCA for the discharge: • Rahr Malting will request approval of its construction plans from the City of Shakopee: Conclusion As a Minnesota business, Rahr Malting Company must continue to move forward and take a proactive position to remain competitive in the malting business. ' Rahr Malting Company's expansion will be an asset to the Region and will not have an adverse'impact onthe quality,of the environment. An opportunity to expand exists that can be accomplished only if it can be served by Rahr's own wastewater treatment plant. Rahr's commitment to environmentally'sound actions is best said by Mr. Guido R. Rahr, Jr; "The Rahr family has made a commitment to the:community and'to the environment at our, manufacturing facilities in Shakopee. I have been personally committed to protecting our water by serving,on the Board of the Freshwater Foundation. The Rahr Foundation makes annual contributions to several environmental organizations in Minnesota including the Freshwater Foundation in Navarre,"the Nature Conservancy, Project Environmental Foundation, Ducks Unlimited (wetland preservation in Minnesota) and the Wolf Ridge Environmental Learning Center in Isabella. In Rahr Malting Co.'s quest to remaincompetitive, we will continue to take into account our responsibility to preserve and protect the.environment". CITY OF SHAKOPEE 9. " Memorandum TO: Mayor&City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Assessment Hearing for Vierling Drive, from County Road 15 to Presidential Lane, Project No. 1994-7 DATE: November 6, 1996 INTRODUCTION: Attached is Resolution No. 4558, which would adopt the assessments for Vierling Drive Improvement Project, from County Road (C.R.) 15 to Presidential Lane. Staff is requesting a continuation of the public hearing for assessments on the above referenced project due to omission of costs in the assessment roll. BACKGROUND: A public hearing has been set for 7:00 P.M. on Wednesday, November 6, 1996, for the adoption of assessments on Vierling Drive, from County Road 15 to Presidential Lane, Project No. 1994-7. In accordance with the 429 Assessment Policy, notices have been sent to the affected property owners indicating to them their proposed assessment. There are only three affected property owners for this assessment hearing. Staff has discovered that costs for storm sewer and sidewalk construction were inadvertently omitted from the calculation of assessments for this project. Therefore, staff is recommending that City Council continue the public hearing for this project until 7:00 P.M., Tuesday, November 19, 1996. Attached is a revised assessment roll dated October 31, 1996 reflecting the additional assessments. Staff will notify the affected property owners of this indicating their revised assessed amount. ALTERNATIVES: 1. Continue the public hearing for adopting assessments on Vierling Drive, from C.R. 15 to Presidential Lane to 7:00 P.M., Tuesday,November 19, 1996. 2. Adopt the assessments based upon the assessment roll dated October 15, 1996 by adopting Resolution No. 4558 and direct staff to prepare a supplemental assessment roll to correct the omission of storm sewer and sidewalk improvement costs. 3. Adopt the assessments based upon the assessment roll dated October 15, 1996 by adopting Resolution No. 4558. RECOMMENDATION: Staff recommends Alternative No. 1. This will allow the City to correct omissions and meet the November 30th deadline for certification to the County Auditor. ACTION REQUESTED: Continue the public hearing for adopting assessments on Vierling Drive, from C.R. 15 to Presidential Lane to 7:00 P.M.,Tuesday,November 19, 1996. Bruce Loney Public Works Director BL/pmp CONTINUE RESOLUTION NO. 4558 A Resolution Adopting Assessments For Vierling Drive, From County Road 15 To Presidential Lane Project No. 1994-7 WHEREAS, pursuant to proper notice duly given as required by law, the City Council of the City of Shakopee met and heard and passed upon all objections to the proposed assessments of: Paving,Grading,Curb&Gutter and Utilities for Vierling Drive,from County Road 15 to Presidential Lane. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. That such proposed assessment together with any amendments thereof, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named herein and each tract therein included is hereby found to be benefited by the proposed improvements in the amount of the assessments levied against it. 2. Such assessments shall be payable in equal annual installments extending over a period of ten years,the first installment to be payable on or before the first Monday in January, 1997, and shall bear interest at the rate of 8.00 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added the interest on the entire assessment from the date of this resolution until December 31, 1997 and to each subsequent installment when due shall be added the interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor,pay the whole of the assessment on such property, with interest accrued to the date of payment,to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this resolution; the owner may thereafter pay to the County Treasurer the installment and interest in process of collection on the current tax list, and may pay the remaining principal balance of the assessment to the City Treasurer. 4. The Clerk shall file the assessment rolls pertaining to this assessment in her office and shall certify annually to the County Auditor on or before November 30th of each year the total amount of installments and interest on assessments on each parcel of land which are to become due in the following year. Adopted in session of the City Council of the City of Shakopee,Minnesota,held this day of , 1996. 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N 1t ' N N DIAMOND, LISZT & GRADY, P.A. 9 ATTORNEYS AT LAW Richard I.Diamond* 9u» west /WI JEreet Marvin A.Liszt Suite 210 Amy Darr Grady Minneapolis,MN 55344 Telephone(612)944-1010 *Certified Civil Trial Specialist Fax(612)943-5680 Direct Phone: 884-6502 Direct Fax: 885-9661 November 5, 1996 Mayor, City Council Members and Clerk of City of Shakopee City of Shakopee 129 South Holmes Street Shakopee, MN 55379 RE: Improvement Project No. 1994-7 Vierling Drive, from County Road 15 to Presidential Lane Dear Mayor, Members of the City Council and Clerk of the City of Shakopee: This law firm represents Cletus and Helen Link, 1216 Jefferson Street, Shakopee, Minnesota. The Links own parcels 27-121026-0 and 27-121029-0 in Shakopee. The Links have been notified that their portion of the special assessment for the above-referenced project totals $ 134, 624 . 63 . We submit this letter on Mr. and Mrs . Link' s behalf pursuant to Minn. Stat. § 429. 061 . The Links object to this special assessment on several grounds . First, a portion of the Link' s property in Outlot D to the west of the proposed Parkview Terrace cul-de-sac does not abut Vierling Drive and is, in fact, owned by the City of Shakopee. The Link' s were erroneously assessed per front footage for this area. In addition, the assessments far exceed the benefit, if any, to the property. Also, the increased size of the sewer from 8" to 10" was for the benefit of other properties to the west and did not benefit the Link' s properties. Accordingly, on behalf of Mr. and Mrs. Link, we object to the assessment and request that the City Council cancel the assessment on these properties or reduce it substantially. Sincerely, 7 1010,4, I ► Amy D. c ady, fo41, DIAMOND, LISZT & GRADY, P.A. Acknowledged and Agreed to by: 46/ ' Cletus Link // ' Received by the City of Shakopee this 6th day of November, 1996 9. - CITY OF SHAKOPEE Memorandum TO: Mayor&City Council Mark McNeill, City Administrator FROM: Bruce Loney,Public Works Director SUBJECT: Vierling Drive,from County Road 79 to County Road 77, Project No. 1995-6 DATE: November 6, 1996 INTRODUCTION: Attached is Resolution No 4557, a resolution which adopts the assessments for the above referenced project. BACKGROUND: This project has been essentially completed except for minor punch list items and all project costs identified. This final project costs are $628,143.39, which consists of construction costs, right-of- way costs and engineering/administration costs. A breakdown of the project costs is as follows: DESCRIPTION AMOUNT FUNDING SOURCE Assessed Costs $481,439.14 Assessments Street Oversizing $121,498.90 Capital Improvement Fund Storm Sewer $ 25.205.35 Storm Drainage Fund TOTAL PROJECT COSTS $628,143.39 Included in the assessed amount is the box culvert for the crossing of the Upper Valley Drainage Ditch. This amount is being assessed 100% to the Meadows Addition excluding the overlength of the box culvert which is being funded by the Capital Improvement Fund. The Storm Drainage Fund is funding storm water improvements not related to Vierling Drive drainage. The assessment roll for this project is attached for Council review and approval. There are two assessment rates listed on the assessment roll. The "Meadows Only" assessment rate represents assessments to the Meadow's for sidewalk, storm sewer and box culvert improvements lying exclusively in the Meadows Plat. The "Assessment for All" assessment rate represents assessments for a local street equivalent for the entire project, storm sewer lying outside of the Meadows Plat and right-of-way costs that benefits both the School District properties and the Meadows. ALTERNATIVES: 1. Adopt Resolution No. 4557. 2. Deny Resolution No. 4557. 3. Table Resolution No. 4557. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 4557, A Resolution Adopting Assessment for Vierling Drive, from County Road 79 to County Road 77, Project No. 1995-6 and move its adoption. 610_a53Aao/ Bruce Loney Public Works Director BL/pmp MEM4557 RESOLUTION NO. 4557 A Resolution Adopting Assessments For Vierling Drive, From County Road 79 To County Road 77 Project No. 1995-6 WHEREAS, pursuant to proper notice duly given as required by law, the City Council of the City of Shakopee met and heard and passed upon all objections to the proposed assessments of: Paving,Grading, Storm Sewer and Curb&Gutter on Vierling Drive,from County Road 79 to County Road 77. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. That such proposed assessment together with any amendments thereof, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named herein and each tract therein included is hereby found to be benefited by the proposed improvements in the amount of the assessments levied against it. 2. Such assessments shall be payable in equal annual installments extending over a period of ten years,the first installment to be payable on or before the first Monday in January, 1997, and shall bear interest at the rate of 6.25 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added the interest on the entire assessment from the date of this resolution until December 31, 1997 and to each subsequent installment when due shall be added the interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment,to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this resolution; the owner may thereafter pay to the County Treasurer the installment and interest in process of collection on the current tax list, and may pay the remaining principal balance of the assessment to the City Treasurer. 4. The Clerk shall file the assessment rolls pertaining to this assessment in her office and shall certify annually to the County Auditor on or before November 30th of each year the total amount of installments and interest on assessments on each parcel of land which are to become due in the following year. Adopted in session of the City Council of the City of Shakopee,Minnesota,held this day of , 1996. 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InN O C § � < O ILJCI 8 q Net ■ 0 - d 0 (0m U) C‘4 2 di < U . 0 < § « [2e § o Q / �>C 0— IL ° • N. 2 « u9z �§ ¥� � ƒ§ o§ Z0 o � R § � 2 § § � a2 ■ to § o 0 0 & 228 - as . � ; 7@ }§ § @ CC � � � § « � � � § « w � � _ 0) CC >. UJe < � � 002CWZa co � ° 5 � CON(/) - 22a « a D 2co � % ( ° � _J0 % - � � � zo / ® � o2 \ £ r ° 2d Lu ° 111 I- 0 W 2 W § o 2 « z C cc • §> � ° (o w k \ k dw§ /0 & _ . Z 0 if ��& poa- >zNN UN � � � 3w (0 '00) 0S ]d2 §§ C O 2 0 0 N w z o to •o § 0 in k c E. • N 0 N N . , 9 g October 28, 1996 City of Shakopee City Clerk- Judith Cox 129 Holmes Street South Shakopee, Minnesota 55379-1351 RE: Proposed Assessment, Lot 12, Block 2 Meadows West, 2nd Addition Diedri L. Young 227 Blue Stem Ave West Shakopee, MN 55379 Dear Ms. Cox: I recently received the Certified Letter issued by the City of Shakopee, with the NOTICE OF HEARING ON PROPOSED ASSESSMENT, Project No. 1995-6, along with the attached notice entitled, "DO NOT PAY NOW!" According to the attachment, I am to file a written objection with your office if I wish to appeal the assessment. Please consider this as my written objection. I have spoken to the Old Republic Title Insurance Company and they assured me this is the same assessment which was presented in my closing documents, entitled Agreement, showing the money is in an escrow account and verified today that it is, in fact, in an . escrow account. I also spoke with Christopher Dempsey, with Novak-Fleck, who also confirmed this is the case. Please see the attached letter and copy of the Agreement. If you have any questions or if there is anything additional I should do prior to and including the public hearing, please contact me. At this time I believe this assessment is the '-sponsibility of Novak-Fleck. Thank you for your assistance. Si,i - I-ly , iieiri . Yo► • RECEIVED cc: Old Republic Title Novak Fleck OCT 2 91996 CITY OF SHAKOPEE October 28, 1996 Old Republic Title Insurance Co. Attention: Cynthia L. Mundahl 7101 Northland Circle, Suite 205 Brooklyn Park, MN 55428-1517 (612)533-0330 RE: Proposed Assessment, Lot 12, Block 2 Meadows West, 2nd Addition Diedri L. Young 227 Blue Stem Ave. West Shakopee, MN 55379 Dear Ms. Mundahl: Per our discussion today, I am enclosing a copy of the NOTICE OF HEARING ON PROPOSED ASSESSMENT, Project No. 1995-6 and the clarification letter from the City of Shakopee, along with a copy of the Agreement signed by Christopher T. Dempsey as representative of Novak-Fleck,Incorporated,the Seller. This agreement states there are funds in escrow with Old Republic Title Insurance Co. for the Assessment for the Street in the amount of$7446, which is the same assessment referred to in the NOTICE OF HEARING. It is my understanding, I have no further obligation with regard to this NOTICE. I did speak with John Delacy today, regarding the same matter. He assured me there wouldn't be a problem with this assessment as long as there were funds in escrow and suggested I contact you. He stated the only reason I received the notice was because I was the property owner and they are unaware of agreements between Buyers and Sellers on assessments, which are entered into at the time of closing. Please review the enclosed information and copy me on further correspondence with regard to this issue. Thank you for your assistance. Sincerely Diedri L Young cc: City of Shakopee . Resource Bancshares Mortgage Group, Inc. Order #: OR921333 - S AGREEMENT THIS AGREEMENT,Made this 5th day of August. 1996 by and between Novak-Fleck, Incorporated parties of the first part,hereinafter referred to as Sellers,and Diedri L. Young parties of the second part,hereinafter referred to as Buyers,WITNESSETH: WHEREAS,Sellers have sold to Buyers real property legally described as follows,to-wit: Lot 12, Block 2, The Meadows West 2nd Addition, according to the recorded plat thereof, and situate in Scott County, Minnesota. 227 Bluestem Avenue West, Shakopee, MN 55379 PIN # 27-2030140 AND WHEREAS,searches obtained from the Office of the County Auditor and(or)the City in which said land is located indicate "pending"or proposed special assessments as follows,to-wit: Pending Assessment for Street 215.19 Pending Assessment for Street 4,748.78 which are not now a lien and cannot now be paid, and the exact amount of which cannot be determined at this time; AND WHEREAS, Sellers agree to pay said assessment when it becomes a lien and can be paid, and desire to establish an escrow for that purpose with Old Republic National Title Insurance Company,hereinafter referred to as Title; NOW THEREFORE,In consideration•of the premises and the mutual covenants of the parties hereto: 1. Parties agree that the sum of$ 7,446.00 is to be deposited by Sellers in escrow with Title, to be used by Title to pay said assessments when they can be paid, and in the event said sum is insufficient to pay the full assessments when they become a lien, Sellers agree to promptly pay any additional amount that may be required. All funds so deposited and not needed to pay assessments are to be refunded to Sellers, after assessments have been paid,except Title may withhold its escrow fee of$25.00. • 2. Parties understand that the assessing offices mail notice of the assessments when spread and payable, to the owners or occupants of the property, but that said notices are not mailed to Title. Parties agree to assume full sponsibility to notify Title when this assessment is spread and may be paid.They further agree that Title is •. to be held liable for any late charges, interest or penalties which may be added to the amount of the as•- o -nt if not paid' the time allowed. ' Diedri L. Young ( Christopher . OLD REPUBLIC TITLE INSURANCE COMPANY does hereby acknowledge receipt of$ 7,446,00 to be held for payment of assessments in accordance with the above agreement. SELLER'S FORWARDING ADDRESS: OLD REPUB IONAL T LE INSURANCE COMPANY By / OLD4L. MUNDAH .12 533-0330 .PUBLIC TITLE 710 Northland Circle, #205 ORNTO431OIOOI Brooklyn Park, MN 55428 #/o, A CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Amendment of Ordinance No. 465 establishing the Canterbury Park 2nd PUD DATE: November 4, 1996 Introduction: At its October 15, 1996, meeting the Council directed staff to prepare a revised ordinance incorporating the restrictions on"concerts and live music" found in the PUD ordinance for Canterbury Park racetrack. Attached to this memo is the proposed, revised ordinance. Alternatives: 1. Approve the revised ordinance as presented. 2. Approve the ordinance with additional revisions. 3. Table the matter for specific reasons. Staff Recommendation: Staff recommends Alternative No. 1. Action Requested: Offer and pass a motion approving revised Ordinance 465. v / R. Michael Leek Community Development Director PUDCP2ND.DOC/RML 1 ORDINANCE NO. 465 AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING THE ZONING MAP ADOPTED IN CITY CODE SEC. 11.03 BY REZONING LAND LOCATED SOUTH OF CANTERBURY PARK,NORTH OF COUNTY ROAD 16 AND THE SHAKOPEE BYPASS FROM MAJOR RECREATION(M-R) TO PLANNED UNIT DEVELOPMENT OVERLAY ZONE NO. 9. WHEREAS, the owner of the land described on Exhibit A, and located south of Canterbury Park,North of County Road 16 and the Shakopee Bypass, has submitted an application requesting rezoning from Major Recreation(M-R)to Planned Unit Development Overlay Zone No. 9; and WHEREAS, notices were duly sent and posted, and a public hearing held on September 5, 1996, and continued on September 19, 1996, at which time all persons present were given an opportunity to be heard; and WHEREAS, the Planning Commission voted to recommend approval of the rezoning request to the City Council subject to conditions. NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA HEREBY ORDAINS; Section 1 - That the zoning map adopted in City Code Sec. 11.03 is hereby amended by rezoning land described on Exhibit A, located south of Canterbury Park, North of County Road 16 and the Shakopee Bypass, from Major Recreation(M-R)to Planned Unit Development Overlay Zone No. 9; and Section 2 - That all provisions of City Code Chapter 11, Zoning, shall apply to this zone, except as modified below; 1. Minimum lot area of 1 acre instead of 10 acres, 2. Minimum lot width of 150 feet instead of 300 feet, 3. Minimum front yard setback of 40 feet instead of 50 feet, 4. Minimum side yard setback of 20 feet instead of 25 feet, 5. Minimum rear yard setback of 20 feet instead of 30 feet Section 3 -uses are restricted to those depicted on Exhibit B, "Proposed PUD Uses." Concerts, live music and outdoor events shall be permitted only if approved by the City Council, which shall base its review of requests for such events on the basis of the following criteria; 1. Substantiated noise complaints from previous events, or 2. Nuisance concerns, or 3. An adverse recommendation by the Police Chief, or PUDCP2ND.DOC/RML 2 4. Other health, safety or welfare concerns. Section 3 - The following procedural actions must be taken: 1. As part of the preliminary plat application submittals, the applicant is required to submit a storm water management plan meeting the requirements for discharge flows, ponding, and water quality. The ponding areas shown on the drawings submitted are approved, only if they are sized appropriately to meet these requirements. 2. The private drive for Canterbury Park will become a public street, or alternative public street will be dedicated, as indicated on the PUD submittals. Access onto County Road 16 will be across from the connection of Vierling Drive with County Road 16, as indicated on the PUD submittals. 3. A wetland delineation will be required for this site. If there are no wetland impacts the applicant will be required to submit an application for exemption. If wetland impacts are required, the PUD approval is contingent on receiving wetland replacement approval as required by the Wetland Conservation Act. Section 4 - Effective Date. This ordinance becomes effective from and after the date of its publication. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1996. Mayor of the City of Shakopee Attest: City Clerk Prepared by: The City of Shakopee 129 Holmes St. S. Shakopee, MN 55379 Published in the Shakopee Valley News on the day of , 1996. PUDCP2ND.DOC/RML 3 EXHIBIT A Outlots A, B, C and D;Lots 1 and 2, Canterbury Park 2nd Addition plus Lot 1, Block 1, Canterbury Park 4th Addition plus The East 1/2 of SW 1/4 Section 9, Twp. 115, R 22W, except the plat of Canterbury Park 4th Addition, and except that portion of the land which lies south of the TH 101 Bypass, City of Shakopee, County of Scott, Minnesota. PUDCP2ND.DOC/RML 4 • t , ORDINANCE NO.417, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE,MINNESOTA, AMENDING THE ZONING MAP ADOPTED IN CITY CODE SEC. 11.03 BY REZONING LAND COMMONLY KNOWN AS CANTERBURY PARK FROM RACE TRACK DISTRICT TO PLANNED UNIT DEVELOPMENT OVERLAY ZONE NO.3. WHEREAS,the owners of the land described on Exhibi commonly known as Canterbury Park, submitted an application requesting rezoning from Ra track District (RTD) to Planned Unit Development Overlay Zone; and WHEREAS, notices were duly sent and posted, and a public hearing was held on May 4, 1995, at which time all persons present were given an opportunity to be heard; and WHEREAS,the Planning Commission voted to recommend approval of the rezoning request to the City Council. THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,ORDAINS: Section 1 - That the zoning map adopted by reference in City Code Sec. 11.03 is hereby amended by rezoning land described on Exhibit A., commonly known as Canterbury Park, from Race Track District to Planned Unit Development Overlay Zone No. 3. Section 2 - That all provisions of City Code Chapter 11, Zoning, shall apply to this zone, except as modified below. I. The Project shall operate in accordance with the plans in the informational package submitted by the applicant and dated April 25, 1995, and all Exhibits and Attachments. II. All uses at the site shall be in compliance with all federal, state, and City requirements including, but not limited to, health and environmental code requirements. III. A variance to Section 11.81, Subd. 5, regarding Number of Buildings Per Lot is hereby approved. IV. The following procedural actions must be taken: A. A Development Agreement stating the conditions of approval of the PUD must be filed with the Scott County Recorder. B. The Mayor and City Clerk are hereby authorized and directed to execute the Development Agreement for the Planned Unit Development. 3 . Section 3 - That Ordinance No. 377, An Ordinance of the City of Shakopee, Minnesota, Amending the City Code by Repealing Chapter 11,Land Use Regulations (Zoning); Sec. 2.90, Official Maps-Effect and procedures, of Chapter 2, Administration and General Government; and Sec. 4.30, Signs - Construction, Maintenance and Permits, of Chapter 4, Construction Licensing, Permits and Regulations; and adopting one New Chapter in Lieu Thereof Relating to the Same Subject is hereby amended by deleting the last sentence of Section 6-Effective Date. Section 4 - Effective Date. This ordinance becomes effective from and after its passage and publication. Passed in J-: .session of the City Council of the City of Shakopee, Minnesota, held this day of /1 _ , 1995. Mayor of th i eF hakopee Attest: , I Jerk A.. ov as to form: City Attorney Published in the Shakopee Valley News on the day of , 1995. 4 April 25, 1995 Page 14 se # Use Name Use Area NU ` No. A. Commercial recreation, major. 1. ass A licensed horse racetrack which includes customary 1 ac , sory uses, activities and facilities. - 2. Class = licensed horse racetrack which includes customary 1 accesso ses, activities and facilities. 3. Simulcast ra ' g, which includes customary accessory use 1 activities and • • 'ties. 4. Commercial recrea.'on which is defined as structure • d open 1 space designed, cons cted and operated by priva enterprise for recreational purpos- and open to the gener• public. 5. Employee housing and do •itories presently -xisting in the 2 backside. 6. Food and drink concessions, pro: I •: es, tip sheet sales, etc. 3 7. Horse racing and workout area. 3 8. Hotwalkers in the backside. 2 9. Horse auctions. 3 10. Horse barns in the bac . de. 2 11. Sales of feed and .- . in the backside. 2 12. Live music. 4 13. Trade and - el shows. 4 14. Collecti• - shows. 4 15. Circ .es/camivals. 1 16. P. •lic safety training. 1 17. Public service events. 18 Winterfest. 4 9. Snowmobile racing. 3 01522079348 425/95 See Re !f Ce)tew � PrI • P April 25, 1995 Page 15 se # Use Name Use Area M. No. 20. Product shows for cars, vehicles, equipment, boats and home, • c. 21. Te .orary tents. 1 22. Firewo . 4 23. Autumn/sp ' g arts and crafts festival. 4 24. Shakopee Sho ase. 1 25. Vehicle performan,- events. 5 B. Restaurants, . s II - 1. Class II Restaurant includ i-: sale of alcoholi. •everages with 6 appropriate City liquor licen--. C. Hotels, motels and con . ence -nters. 1. Conference center. 6 D. Horse care uses inclu.' g bo. •'ng, training, showing, grooming . - veterin• clinic facilities. 1. Horse care uses includin: •oarding, training, 'owing, 3 grooming and veterin• clinic facilities. E. Retail uses d entertainment facilities. 1. Retail sales rela d to all of the other approved uses. 1 F. Ad ' 'strative, executive, and professional offic-• 1. The bas- ent of the grandstand, the administration building in 7 the b.• ide, the harness paddock building, ticket sales bui ng. Health and athletic facilities. 1. Ballfields, play area within the practice track in the backside. 8 1 Private club on the third floor of the grandstand, historically N/A known as the "Turf Club". 01522079348 425i95 See Rtp /Pfce ePe . April 25, 1995 Page 16 e # Use Name Use Area N. Developments containing more than one principal structure per lot. 1. All exis i : buildings and structures since they are all locate 1 on one lot . .arcel. O. Other us similar to those permitted in th' subdivision = determined by the Board Adjustment an. • ppeals. 1. Indoor and outdoor storage • -quipment .ed in the operation 3 of the Uses. 2. Commercial storage of boats and •<tional vehicles, interior 9 and exterior. 3. Banners and signs on the - tenor of the gran• . d. N/A 4. Uses similar in natu - to the above (with the corre • • g Use N/A Area Map). 5. Existing s res and physical improvements. 1 6. Off str> parking as presently located at the subject property 1 to • used as needed for all approved uses. 7. • y of the above enumerated uses (with the correlating Use • Area Map) if it is found they do not belong to the other use category set forth above for same Miscellaneous Clarifications and Limitations on the Above Approved Uses Based Upon Questions Posed by the Planning Commission. 1. Live Music. Our intent was only to obtain approval in the PUD for the use of live music as has been conducted in the past. We referred the Planning Commission to the text in our prior letter and in this letter which states: 5. Live Music. Outdoor/indoor; public and private. All types of music from rock and country to jazz and classical to marches and inspirational. The music has been done in background and atmosphere format as well as for concerts and dances.- Performers have ranged from well-known professionals to amateurs from schools and communities. Approximately one hundred events have attracted hundreds of performers and thousands of spectators. 01522079348 425/95 vee R e p I vi c e e 'ti r pfsi e 5 • THIS PAGE REPLACES PAGES 14, 15,AND 16 OF THE PLANS IN THE INFORMATIONAL PACKAGE SUBMITTED BY THE APPLICANT AND DATED APRIL 25, 1995 AND ALL EXHIBITS AND ATTACHMENTS 1. Class A licensed horse racetrack which includes customary accessory uses, activities and facilities. 2. Class B licensed horse racetrack which includes customary accessory uses, activities and facilities. 3. Simulcast racing, which includes customary accessory uses, activities and facilities. 4. Commercial recreation which is defined as structures and open space designed, constructed and operated by private enterprise for recreation purposes and open tot he general public. 5. Employee housing and dormitories presently existing in the backside. 6. Retail sales. 7. Theater, dance, and other entertainment. 8. Convention center, shows, conference center. 9. Circuses/carnivals. 10. Fireworks. 11. Temporary tents and structures. 12. Motorized vehicle events. 13. Class II restaurants including sale of alcoholic beverages with appropriate City liquor license. 14. Health and athletic facilities. 15. Horse care uses including boarding, training, showing, grooming and veterinary clinic facilities. 16. Interior and exterior commercial storage of boats and recreational vehicles. 17. Existing structures and physical improvements. 18. Off street parking as presently located to be used as needed for all of above uses. 19. Uses similar in nature to the above. 20. Administrative, executive and professional offices related to the above uses. 21. Multiple buildings per lot. 22. Except as provided herein, all uses of the site shall be in compliance with all federal, state and city regulations including, but not limited to health and environmental code requirements. 23. Concerts and live music only if incidental to items 1, 2, 3, 4 or 8 of the permitted uses. 24. Outdoor events (concerts and live music)not incidental to items 1, 2, 3, 4 or 8 with actual attendance over 10,000 shall be limited to five(5)per year. Additional events shall be allowed or denied by the City Council bases on the following criteria: 1. Substantiated noise complaints from previous events, or 2. Nuisance concerns, or 3. An adverse recommendation by the Police Chief, or 4. Health, safety or welfare concerns. (i:\planning\admin\141516.doc) �o. �� CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Revised Final Plat of The Meadows South DATE: November 4, 1996 Introduction: Gold Nugget Development, Inc. has submitted an application for approval of a revised Final Plat of The Meadows South. As originally approved by the Council in October the northern portion of the site would have consisted of twinhomes on lots which would have subsequently been split through a series of minor subdivisions. The applicant has learned that they are unable to secure title insurance, and therefore unable to secure financing for the project. Thus the applicant is seeking to modify the final plat so that all the area outside the units themselves would be held in common, as has always been the case in the quad home portion of the project. In all other respects the revised final plat is unchanged and consistent with the preliminary plat. Alternatives: 1. Approve the revised Final Plat of The Meadows South, subject to conditions. 2. Revise the conditions of approval for the revised Final Plat of The Meadows South, and approve subject to the revised conditions. 3. Do not approve the revised Final Plat of The Meadows South. 4. Table action on this item and request additional information from the applicant and/or staff. Action Requested: Offer Resolution No. 4561, A Resolution Approving the re ' ed Final Plat of The Meadows South, and move its approval. R.Michael Leek Community Development Director MEADSO.DOC/RML 1 RESOLUTION NO.4561 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,APPROVING THE REVISED FINAL PLAT FOR THE MEADOWS SOUTH WHEREAS, the Planning Commission of the City of Shakopee did review the Final Plat for The Meadows South on October 3, 1996, and recommended its approval;and WHEREAS, all notices of the public hearing for the Preliminary Plat were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon;and WHEREAS, on October 15, 1996, the City Council adopted Resolution No. 4545 approving the final plat of The Meadows South; and WHEREAS, Gold Nugget Development, Inc., has made application to amend the Final Plat of The Meadows South;and WHEREAS,the proposed revision to the original Final Plat of The Meadows South is consistent with the preliminary plat. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,as follows: I. That Resolution No. 4545 approving the Final Plat for The Meadows South is hereby rescinded;and II. The revised Final Plat of The Meadows South as described as attached on Exhibit A, is hereby approved subject to the following conditions: A. The following procedural actions must be completed prior to the recording of the Final Plat: 1. Approval of title by the City Attorney. 2. Execution of a Developers Agreement for construction of required public improvements: a) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. b) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. c) Water system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. MEADSO.DOC/RML 2 d) Installation of sanitary sewer and storm sewer systems, and construction of streets in accordance with the requirements of the Design Criteria and Standard specifications of the City of Shakopee. 3. The Final Construction Plans and Specifications must be approved by the City Engineer. 4. The developer shall comply with all compaction requirements on the building sites. 5. Homeowners Association covenants shall be reviewed by the City Attorney. 6. The storm water trunk fees will be paid by the developer. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute said Plat and Developer's Agreement. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 1996. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee,MN 55379 MEADSO.DOC/RML 3 I * I it* �— _ 8 S'-'8Y[ 1 D *! * �I*it o«o 2.k.- • 0 8 $o I N S Q� y e� •C ti,C�, I tn0 IfOFPER Alt CO 77 - I 5 a 5 1 7.11511-~•. I_••1° Z m Mt Q " Q m;4 I mD • 34. $� a gggs' I D 53-.:41 r, 9..'2 r0 4 5a5a I i I ›M i - T004.110,A71 CO P $7r 1 S 8 I O o I?. O IN; I =v i 3 Rem15 4. E. i c)c i CA 21 II 1 ill 1 18 71 D 4q N 1 1 r" C El 1's� Si.) I 11 1 1771770 4"1.MD CO ND 17 1 / 4 I U v �� Y ` Y p is V, 0 ' y * 1 �� i .� IAI .� r 1� I'_--_-- -- j rllir' u 1 1 J' --� P #2 n i Y ' w.1 1 1 1 U }� iv n v j " —_ �' M `ct,6LS 1 --; l: 7,* `s 8 Z i 11 v `J — _- - aid ri3S'a 14 0054`J3N%M I _ -- ' * WI - gc,'$Oa �ZZtLSZ 'ON's .---- WN; •.`` "'-'r 'r ?* 14 - - ` f�*N K<! 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Michael Leek, Community Development Director SUBJECT: Appeal of the Decision of the Board of Adjustment and Appeals regarding PC96-771, A Resolution Denying a Request for Variance to Permit Construction of a Garage Addition on Property Located in the Old Shakopee Residential(R-1C)Zone DATE: November 4, 1996 Introduction: Larry Anderson requested a variance from City Code Sec. 11.81, Subd. 2(B)(Size). At its October 3, 1996, meeting, the Board of Adjustment and Appeals denied the request for variance based on its findings. The applicant appealed the denial to the City Council, which on October 10, 1996, overturned the decision of the Board of Appeals. The attached resolution reduces to writing the Council's action. Alternatives: 1. Uphold the decision of the Board of Adjustment and Appeals and affirm its denial of the request for variance. 2. Overturn the decision of the Board of Adjustment and Appeals, stating the specific errors and/or omissions made by the board, and grant the request for variance. 3. Table the decision regarding the appeal to allow the applicant and/or staff to provide additional information. Action Requested: Offer and approve a motion adopting Resolution No. CC-771 affirming Mr. Anderson's appeal and overturning the decision of the Board denying the request for variance. zc a R. Michael Leek Community Development Director APPEALLA.DOC/RML 1 APPEAL RESOLUTION NO.CC-771 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA, REVERSING THE DECISION OF THE BOARD OF ADJUSTMENT AND APPEALS REGARDING A VARIANCE FOR LARRY JAMES ANDERSON. WHEREAS,Larry James Anderson has filed an application dated September 9, 1996, for a variance under City Code Chapter 11 (Zoning), Section 11.81, Subd. 2(B)(Size)to permit a garage with an area exceeding the maximum permitted under the cited City Code Section; and WHEREAS,this parcel is presently zoned Old Shakopee Residential(R-1C); and WHEREAS,the property upon for the request is being made is legally described as: The North 1/2 of Lot 6 and North 1/2 of the E. 45'of Lot 7,Block 97, Old Shakopee Plat, City of Shakopee, Scott County,Minnesota;and WHEREAS,notice was provided and on October 3, 1996,the Board of Adjustment and Appeals conducted a public hearing regarding this application, at which it heard from the Community Development Department staff and invited members of the public to comment; and WHEREAS, at the conclusion of the public hearing, the Board of Adjustment and Appeals voted to deny the application based on its findings under City Code Section 11.89 subd. 2. (Criteria for Granting Variances); and WHEREAS, a written appeal was filed with the City Administrator within ten days of the action of the Board of Adjustment and Appeals regarding ; and WHEREAS, the City Council has reviewed the application, the record before the Board of Adjustment and Appeals, and the Board of Adjustment and Appeal's action, and finds as follows; 1. All of the criteria set forth in City Code Section 11.89, Subd. 2, "Criteria for Granting Variances" have been met; and 2. The property cannot be put to a reasonable use if the Ordinance limitations are complied with; and 3. The plight of the property owner is the result of circumstances unique to the subject property, these being it's size and location as a corner lot; and 4. The variance is in keeping with the spirit and intent of the Ordinance as applied in the Old Shakopee Residential (R-1C) zone. APPEALLA.DOC/RML 2 NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA, as follows: That the City Council hereby reverses the decision of the Board of Adjustment and Appeals denying the requested variance. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1996. Mayor of the City of Shakopee Attest: City Clerk APPEALLADOC/RML 3 CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Tom Steininger, Chief of Police SUBJECT: COPS Universal Hiring Program Grant DATE: October 30, 1996 INTRODUCTION: The Police Department is requesting permission from Council to accept a$75,000 Universal Hiring Program grant from the US Department of Justice Office of Community Oriented Policing Services(COPS). BACKGROUND: The Violent Crime Control and Law Enforcement Act of 1994, made grants of$75,000 available for local units of government to hire and deploy new police officers. The first round of grants called COPS FAST (Community Oriented Policing Services Funding Accelerated for Smaller Towns)were available to cities with populations of under 50,000. Shakopee was awarded one of these grants in 1995. The second round of grants, known as Universal Hiring Program grants, are also for $75,000. This month, Shakopee was awarded one of these grants in the form of a supplement to our original award. To accept the grant,the appropriate city official must sign a form agreeing to the conditions of the grant. A copy of the award and conditions of the grant are attached to this memo. Essentially, this grant pays salaries and approved fringe benefits for an additional employee not to exceed a total of$75,000 over the next three years. The police department is currently authorized 21 sworn personnel. If the population of Shakopee is assumed to be 14,000 and the FBI. standard of 1.5 officers per 1,000 is applied, the department should have 21 officers. Increasing the number of sworn officers the department is authorized to 22 would establish a ratio of approximately 1.57 officers per 1000. In a study commissioned by the city in 1986,Ernst and Whinney wrote that a ratio of 1.5 officers per 1,000 is inadequate for Shakopee in view of the impact the entertainment has on this city. While they are in town, people who come to Shakopee to work or to be entertained are entitled to the same level of police service as people who live here. If these people are counted in the population the department served last summer, that service population is about 34,000 and 22 officers figures out to 0.65 per 1000. Earlier this year, Council requested a comparison of calls for service among neighboring departments. The following summary was prepared but has never been presented to Council.. The only statistics available from Chaska are included. January 1, 1995 to July 31, 1995 January 1, 1996 to July 31, 1996 Shakopee Savage Prior Lake Shakopee Savage Prior Lake Chaska Calls for 5,173 3,482 4,322 5,466 4,087 4,269 5119 service Arrests 369 280 330 489 274 385 734 Citations 802 1,496 639 983 1117 543 Totals 6,344 5,258 5,291 6,938 5,478 5,197 Shakopee calls for service for the first 9 months of 1996 compare to the first 9 months of 1995 as follows: 1995 1996 Jan-Sept Jan-Sept Increase Calls for service 6,910 7,153 243 Arrests 525 636 111 Citations 1180 1283 103 Totals 8,615 9,072 457 or+ 5.3% On the surface, the department responded to more calls for services, made more arrests and wrote more tickets in 1996 than in 1995. The overall level of service delivered to the community, however, fell short of the level provided in 1995. The department was forced to cut some corners in the area of deployment and schedule some single coverage shifts. Undirected patrol time was also down. Undirected patrol time is when most traffic enforcement activity and burglary patrol takes place. It also the scheduling element which allows officers to respond calls for service in a timely manner and to prioritize emergency calls. The most dramatic shortfall, however, was in our schools. DARE and Junior Police happened, but GREAT (Gang Resistance Education and Training) did not take place and officer presence in the schools, especially in the person of the school resource officer has been almost non-existent. Letters from the Superintendent of Schools and the Junior High School Principal are attached. Time spent on community policing and crime prevention activities also fell far short of what should have occurred. If Shakopee expands to 22 officers, area departments will have experienced growth since 1992 as follows: 1992 1997 13 Chaska 16 13 Savage 19 14 Prior Lake 19 18 Shakopee 22 BUDGET IMPACT: The 1996 and 1997 Police Budgets were written to fund the following positions: 16 police officers (3 of whom are assigned to investigations), 3 sergeants, a Deputy Chief, a Chief, 3 full time clerical staff and two part time clerical staff. The following chart illustrates how hiring four officers would impact the Police Budget in 1996 and 1997. Funds exist in the 1996 Police Budget to pay for the 2nd grant officer because the department operated 1 position short for over 12 officer months during 1996. 1996 Budget Impact 1996 BUDGET INCOME PAID OUT BALANCE Officer Patrick $42,756.00 $ - Officer Politz $ - $ 7,229.95 Replacement $ - $ 2,611.73 $32,914.32 Officer Englin $32,319.00 $18,410.64 Replacement $ - $ 2,611.73 $ 11,296.63 2nd Grant Cop $ - $ 2,611.73 $ (2,611.73) 1996 ENDING BALANCE $41,599.22 Funds exist in the 1997 Police Budget presented to Council earlier this year because officers being paid more than entry level wages will be replaced with officers who will be paid entry level wages. 1997 Budget. 1997 BUDGET INCOME PAID OUT BALANCE Officer Nelson $44,852.00 $ - Replacement $ - $31,514.87 $ 13,337.13 Officer Englin $36,149.00 $ - Replacement $ - $31,514.87 $ 4,634.13 Officer Politz $33,674.00 Replacement $ - $31,514.87 $ 2,159.13 2nd Grant Cop $ - $42,356.00 $(42,356.00) 97 COPS GRANT $25,000.00 $25,000.00 1997 ENDING BALANCE $ 2,774.39 ALTERNATIVES: 1. Accept the grant. 2. Do not accept the grant. RECOMMENDATION: Alternative#1. ACTION REQUESTED: Authorize the appropriate city officials to accept a COPS Universal Hiring Supplemental Award in the amount of$75,000, effective May 1, 1996. rte,ifii , U. S. Department of Justice VOffice of Community Oriented Policing Services COPS Universal Hiring Supplemental Award Applicant Organization's Legal Name: Shakopee Police Department Grant#: 95CFWX5028 ORI#: M1'107004 Vendor#: 416005539 Law Enforcement Executive Name: Chief Thomas Steininger Address: 476 Gorman Street City,State and Zip Code: Shakopee,MN 55379 Phone Number: (612)445-6666 Fax Number: (612)445-2313 Government Executive Name: City Administrator Dennis Kraft Address: 129 South Holmes City,State and Zip Code: Shakopee,MN 55379 Phone Number: (612)445-3650 Fax Number: (612)445-6718 Award Start Date: March 1, 1995 Previous Award End Date: February 28, 1998 Supplemental Award Start Date:May 01, 1996 Revised Award End Date: April 30, 1999 Previous Award Amount: $75,000 Previous Number of Officers: Full Time:1 Part Time:0 Supplement to Award Amount: $75,000 Supplement to Number of Officers: Full Time:1 Part Time:0 Total Award Amount: $150,000 Total Number of Officers: Full Time:2 Part Time:0 By signing this award,the signatory official is agreeing to abide by the Conditions of Grant Award found on the reverse side of this fill - 4,70,41 document. Joseph Signature of Official with the authority to accept this grant award Direc• SEP 2 7 1996 Date Typed Name and Title of Official Date CONDITIONS OF SUPPLEMENTAL GRANT AWARD 1. The funding under this Universal Hiring Program Supplemental Grant Award may only be used for the payment of the approved salaries and benefits of those additional, newly hired officers funded under your agency's Universal Hiring Program Supplemental Grant Award. Unless approved in writing by the COPS Office, the funding under this Supplemental Grant Award may not be applied to officers hired before the Supplemental Grant Award Start Date printed on the other side. In addition, the funding may not be used to hire officers to fill current vacancies for which local funding is available. 2. Your agency remains subject to the same terms and conditions as were set forth in the original FAST or AHEAD Award. 3. Your agency agrees to complete and keep on file, as appropriate, an Immigration and Naturalization Service Employment Eligibility Verification Form (I-9). This form is to be used by recipients of federal funds to verify that persons are eligible to work in the United States. �4A Universal Hiring Change of Information Sheet If you need to let the COPS Office know about changes or corrections,please type or print the information on this sheet and return it with your signed award. In addition to the changed or corrected information, always indicate your grantee organization's name on this sheet. Applicant Organization's Legal Name: Shakopee Police Department 476 Gorman St. - Shakopee, MN 55379 Law Enforcement Executive Name(Title, First Name,and Last Name): Chief of Police, Thomas Steininger Address: 476 Gorman St. City: Shakopee State: Minnesota Zip Code: 55379-2638 Phone Number: - Fax Number: 612/445-6666 612/445-2313 Government Executive Name (Title. First Name. and Last Name): City Administrator, Mark McNeill Address: 129 So. Holmes Street City: Shakopee State: Minnesota Zip Code: 55379 Phone Number: Fax Number: 612/445-3650 612/445-6718 CONDITIONS OF GRANT AWARD 1. The funding under this project is for the payment of SALARIES AND APPROVED FRINGE BENEFITS for three years for sworn entry level officers,lateral transfers or rehired officers. Overtime,training,weapons,communication equipment and vehicles cannot be paid for with this funding. 2. COPS FAST grant funds must be used to hire one or more new additional career law enforcement officers beyond the number of officers that would be hired or employed by the Grantee in the absence of the grant. Unless authorized in writing by the COPS Office, grant funds may not be applied to the salary or benefits of an officer hired by a Grantee prior to February 8, 1995. Grantees are expected to make a good faith effort to retain the positions funded by COPS FAST grant funds at the conclusion of the grant term. Throughout the grant term, Grant Advisors will provide any needed guidance in the creation of a retention plan. 3. Officers funded under this grant may only be involved in activities or perform services that exclusively benefit your agency and the population that it serves. If your agency provides these officers to another agency through a contractual arrangement,your agency is responsible for ensuring that this arrangement is in compliance with the conditions of your grant. 4. The Grantee acknowledges its agreement to comply with the assurances on the reverse side of the COPS FAST application and with the COPS FAST Program Guidelines. 5. In order to assist the COPS Office in the monitoring of the award, Grantee agencies will be responsible for submitting progress reports twice a year and financial status reports on a quarterly basis. In addition to these reports,your agency agrees to provide to the COPS Office the salaries and itemized benefits for year two and three of the grant period for the COPS FAST officers. As those reports become due,your Grant Advisor will provide you with outlines to assist you with them. 6. Requests for extensions of the grant award period which merely request additional time,not additional funding, should be submitted in writing no later than two years after the official start date of the award to your Grant Advisor. 7. The COPS Office may conduct a national evaluation of the Community Oriented Policing Services (COPS) program. The Grantee agrees to cooperate with the evaluators. 8. The Grantee agrees to abide by the terms, conditions and regulations as found in the COPS FAST Grant Owner's Manual. 9. COPS FAST Grantees are required to submit their EEOP certifications by December 1, 1995 to the COPS Office. Questions regarding the EEOP certifications should be forwarded to the COPS Office of General Counsel. sliAKopE.E. Shakopee School Board Kathy Busch, Chair Superintendent Robert J. Ostlund PUBLIC SCHOOLS Robyn Wolfe, Vice Chair Principal: Dr. Vicki N. Petzko Janet Wendt, Clerk Assistant Principal:Clay Arvidson Steve Schneider, Treasurer Junior High School Todd Anderson, Director Jessica Geis, Director Bob Techam, Director Mr.Tom Steininger October 31, 1996 Chief of Police Shakopee Police Department 476 Gorman Shakopee, MN 55379 Dear Tom, The purpose of this letter is to indicate my wholehearted support of your request to the Shakopee City Council for additional police officers. The Police Resource Officer program which was initiated in the 1994-95 school year has been one of the best city/school district collaborative ventures I have ever experienced. The daily presence of an officer in our school,even for a few hours,was invaluable. We were able to schedule him to do class presentations,meet with students,engage in conflict resolution,consult with parents,and be a resource in crisis intervention. It was rare that the officer was needed for "emergencies",but much more typical to rely on his presence for early intervention,education, and prevention. As you know,we have not had such an officer since last winter. As a result,we have had to drop the G.R.E.A.T. (Gang Resistance Education and Training)program and other educational presentations which are important for middle level students. In addition,we have not had access to the services described in the above paragraph. Safety issues,such as students crossing Marschall Road,have not received as much attention as they should. The officer's regular presence has been sorely missed. Your department has efficiently responded to our requests for emergency and other assistance, however,it has not been as effective as would be the response of a regularly assigned officer. The rapport which a police resource officer is able to establish with students allows for better results from investigations,much more substantive communication with students,deeper understanding by students,and more confidence from parents. Tom Crocker was especially effective in this regard. If I can be of any further assistance in your request for additional officers,please do not hesitate to contact me. S. erely, AT) !l� Vicki N. Petzko, Ph. D. Principal,Shakopee Junior High 1137 Marschall Road Shakopee, MN 55379 ALL SCHOOLS ACCREDITED BY THE NORTH CENTAL ASSOCIATION (612)496-5752 AN EQUAL OPPORTUNITY EMPLOYER SliAKopEE Shakopee School Board Superintendent Robert J. Ostlund Kathy Busch, Chair Robyn Wolfe, Vice Chair PUBLIC SCHOOLS Janet Wendt, Clerk Steve Schneider, Treasurer District Office Todd Anderson, Director Jessica Geis, Director Bob Techam, Director October 31, 1996 Tom Steininger, Chief of Police City of Shakopee 476 South Gorman Street Shakopee, Minnesota 55379 Dear Tom, The Shakopee Schools have greatly appreciated the assignment of an officer to work with our school students and staff, This program has made a very positive contribution to the students educational needs on a variety of topics. It has also been a great help in dealing with student situations that arise in which laws have potentially been violated. In addition, the comfort with and respect for law enforcement that students gain through an officer working closely with the schools is also of great value to our community now and in the future. I know you have experienced staff shortages on a regular basis. These shortages have resulted in having to pull the officer assigned to the schools for other duty for extended periods of time. While your need too is very understandable, principals have told me that they really feel the impact of the loss of the officer during these times. We hope you can find a way to achieve staff coverage and keep an officer working with the schools. We will do whatever we can to support the effort. The excellent working relationship between your department and the Shakopee Schools is deeply valued. Sin ely, i 4;Z/A •obert of Superin endent RO/nb 505 South Holmes Shakopee, MN 55379 (612)496-5000 ALL SCHOOLS ACCREDITEDASSOCIATION AN EQUAL OPPORTUNITY EMPLOYER /1 CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Tom Steininger, Chief of Police O . SUBJECT: Hiring Police Officers DATE: October 30, 1996 INTRODUCTION: The Police Department is requesting permission to hire 4 police officers. BACKGROUND: • On November 22, 1995, Officer Scott Patrick left the Shakopee Police Department to assume a position with the Mendota Heights Police Department for family reasons. • On July 21, 1996, Officer James Englin left the department to join the Minnesota State Patrol. This position is funded by a COPS Grant. • On August 2, 1996, Officer Patrick's replacement, Jordan Politz left the department for personal reasons. • Officer David Nelson has applied for a disability pension and will probably retire before the end of November. • The Shakopee Police Department has been awarded a second COPS grant in the amount of$75,000 to offset the cost of hiring an additional police officer to expand community policing activity in Shakopee. At the direction of the Police Civil Service Commission, a process to establish an eligible register for the position of police officer was initiated late last summer. The position was advertised and 386 applications were sent to parties who expressed interest. 195 applications were returned. These were screened using a training and experience(T&E) matrix developed by the Scott County Personnel Department,Personnel Decisions Incorporated (PDI) and police department administrators. On the basis of their T&E score, 111 candidates were invited to take a written test. 92 were males, 19 were females and 21 were veterans. On September 4, 1996, 78 people took a written test provided by PDI. On the basis of their written score, 32 candidates (21 males and 11 females)were invited to participate in a leaderless group discussion exercise on October 3rd. Background investigations were conducted on the candidates who achieved the top 15 scores in the leaderless group discussion exercise. The top ten candidates who passed background investigations were invited to interview before the Police Civil Service Commission on October 29, 1996. Based on this process, the Police Civil Service Commission established the eligible register for the position of police officer which is attached to this document. Statute(M.S.A.419.06(7)requires the commission to certify to Council the names of the three candidates standing highest on the appropriate list to fill any vacancy. This certification is attached to this document. Council may hire any of the top three candidates. The individuals standing highest on the eligible list for police officer are: 1. Les TenEyck 2. Lynn Lipinski 3. Molly Schrot 4. Lisa Quick 5. Mona Sellner 6. Craig Greenwald Council may hire up to four individuals from this list. If Council chooses to hire less than four, their selection(s)must come from the top three names on the list. For example, if Council hires candidate#1, that name is removed from the list and everyone remaining on the list moves up one place.. BUDGET IMPACT: Funds exist in the 1996 Police Budget to pay for the personnel being requested because the department operated for what amounted to one position short of budgeted strength for a total of 12 months and 22 days during 1996. The result is illustrated below. 1996 Budget Impact 1996 BUDGET INCOME SPENT BALANCE Officer Patrick $42,756.00 $ - Officer Politz $ - $ 7,229.95 Replacement $ - $ 2,611.73 $32,914.32 Officer Englin $32,319.00 $18,410.64 $ - $ 2,611.73 $ 11,296.63 97 Grant Cop $ - $ 2,611.73 $ (2,611.73) 1996 ENDING BALANCE $41,599.22 Funds exist in the 1997 Police Budget submitted to Council earlier this year to pay for the personnel being requested because officers earning more than entry level wages are being replaced with officers earning entry level wages as illustrated below. 1997 Budget Impact BUDGET INCOME SPENT BALANCE Officer Nelson $44,852.00 $ - Replacement $ - $31,514.87 $ 13,337.13 Officer Englin $36,149.00 $ - Replacement $ - $31,514.87 $ 4,634.13 Officer Politz $33,674.00 Replacement $ - $31,514.87 $ 2,159.13 97 Grant Cop $ - $42,356.00 $(42,356.00) 97 COPS GRANT $25,000.00 $25,000.00 1997 ENDING BALANCE $ 2,774.39 ALTERNATIVES: 1. Hire one officer. 2. Hire two officers. 3. Hire 3 officers. 4. Hire 4 officers. 5. Hire no one. RECOMMENDATION: It has always been my policy to recommend to Council the number one candidate as established by testing unless something in a candidate's background indicates that hiring him or her would not be in the best interest of the City. In this case, each of the top four candidates represented themselves very well during all phases of testing and have exhibited qualifications which indicate that they are the most suitable candidates for employment. For this reason, I respectfully recommend that Council hire the top four candidates on the eligible list. ACTION REQUESTED: Authorize hiring of Les TenEyck,Lynn Lipinski,Molly Schrot, and Lisa Quick by the Shakopee Police Department as police officers at the monthly rate of$2,611.73 subject to satisfactory completion of pre-employment medical, physical and psychological testing and the customary 12 month probation period. CITY OF SHAKOPEE Memorandum TO: Honorable Mayor and City Council FROM: Shakopee Police Civil Service Commission SUBJECT: Eligibility Register DATE: October 30, 1996 In accordance with the provisions of M.S.A. 419, the Shakopee Police Civil Service Commission has conducted appropriate testing and as a result of such testing hereby establishes the following eligible register for the position of Shakopee Police Officer. POLICE OFFICER TEST FINAL SCORES RANK CANDIDATE FINAL 1 Les TenEyck 48.6 2 Lynn Lipinski 47.7 3 Molly Schrot 47.0 4 Lisa Quick 45.8 5 Mona Sellner 42.4 6 Craig Greenwald 42.0 7 Leann Hrncir 41.0 8 Abigail Hammond 37.4 9 Jody Spinner 34.6 10 Brenda Hawkins 31.4 Respectfully submitted, Stan VonBokern,President Shakopee Police Civil Service Commission CITY OF SHAKOPEE Memorandum TO: Honorable Mayor and Councilmembers FROM: Shakopee Police Civil Service Commission SUBJECT: Certification-Top Three Candidates DATE: October 30, 1996 In accordance with the provisions of M.S.A. 419, the Shakopee Police Civil Service Commission has conducted appropriate testing and as a result of such testing has established an eligible register for up to four vacant police officer positions on the Shakopee Police Department. The names of the top three candidates and their final scores are hereby submitted for your consideration. RANK CANDIDATE SCORE 1 Les TenEyck 48.6 2 Lynn Lipinski 47.7 3 Molly Schrot 47.0 4 Lisa Quick 45.8 5 Mona Sellner 42.4 6 Craig Greenwald 42.0 Respectfully submitted, Stan VonBokern,President Shakopee Police Civil Service Commission • Matthew Lehman 815 E. 8th.Ave To: Mayor.leffHenderson Shakopee MN 55379 Shakopee City Council tubers me 496-2069 Subject.Police Hiring Mayor Henderson and Council members, The subject of hiring Police officers should raise a vane tJ'of questions I have been involved inddivariousl community function utilizing our Police dept These and are as follows,PEARSON North neighborhood watch,Mc nda Violence Prevention Task Force andfunctions are communioriented them from many different others.As I state my concerns Hou Shakopee I am concerned with the staffing,ves try to view schools is reassigned to patrol, thus leving a periodicallyn� situationT Police resource officer school. for our chldren at I am concerned with the fact we excepted federal dollars or policing to add additional officers to our force and still policing program for our communi f community community. I would suspect the additional Clve a inton id community above the normal staffing program ff g we would maintain to achieve the results of the federal cops are I am concerned(in my opinion)that some o oriented and others are pulled between peer and toff officers may be involved in commune not be community tYfunctions m nctl'Pressures to be or not to As a block captain of a Neighborhood Watch and I find the lack of follow-up from the Police Dept. to be anindicator ruff hopo operator concern, o My questions are f possible I.Are the federal funded Clintonfllows, nC.O.P,S. above our normal staffing?? 2.Are we utilizing our existing force to the full potential to best st meet the needs of the 3. Is the direction and focus clearly or philosophy was adopted around I0/95�or corkedmmunity or the Police Dept (a concept goals, expectations and timetables?? f mmuna F tY policing)Is this a strategy with 4. Does this council agree or disagree that the Police dept. should be involved in community projects such as Neighborhood Watch, Operation I.D., Child print,Mcgruff many (when feasible) gff and others?? In concluding my letter I would like to point out that our Police dept. is diverse and highly educated not to mention decorated in a variety of Dependent on your opinions to the above stated issues and others brought forth. I have concluded that yes we need some additional staffing and yes we need to look at our overall productivity and our overall strategy. What is it we want our police to contribute to this community?Proper staffing and direction at this point is the issue. Thank you, Matt kllehman /1190: jC CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator AAA FROM: Tom Steininger, Chief of Police SUBJECT: Police Motorcycle DATE: October 10, 1996 INTRODUCTION: The Police Department is requesting Council approval to lease a police motorcycle from Faribault Harley-Davidson for$1.00 a month. BACKGROUND: In 1909, police departments in America began to use motorcycles as patrol vehicles to take advantage of their low initial cost, inexpensive operation and superior performance. Over the last thirty years, the role of the police officer has expanded and has become much more diverse. During this time, the price of police motorcycles increased significantly. Today, a $20,000 motorcycle has little to offer as a cost effective, all purpose police vehicle because it is a fair weather vehicle and its limited carrying capacity does not permit transportation of prisoners or large quantities of equipment. When this same vehicle becomes available for$12 a year, however, its advantages overcome its limitations. The superior acceleration and maneuverability of motorcycles makes them ideal traffic law enforcement. Their size and maneuverability makes them useful for patrol in business districts and downtown areas, especially alleys. In Shakopee, a motorcycle would be useful for patrolling bike paths and the trails near Memorial Park. Motorcycles are suitable for patrol at special events where large volumes of people gather; such as concerts, sporting events and holiday celebrations. They also serve a ceremonial function at parades and funerals. Since a motorcycle has no doors, windows or radio, officers performing motorcycle patrol are more approachable and more accessible to the public so non-enforcement contacts with citizens, especially children should increase. Finally, every mile an officer puts on a$24 motorcycle is one less mile accumulated on a $26,000 squad car. Jim Thompson has reviewed the attached lease agreement. BUDGET IMPACT: • The lease cost is $12.00 per year. • The minimum lease period is two years. • The dealer will provide a new motorcycle every year. • Insurance will cost $250 per year. • Quality emergency lights and a siren could run as high as $2500. This equipment will be transferable to subsequent units and should be considered a one time expenditure. The dealer will install and reinstall this equipment at no charge. • The portable radios carried by our officers eliminate the need to purchase special radio equipment. ALTERNATIVES: 1. Approve leasing of a police motorcycle. 2. Do not approve leasing of a police motorcycle. RECOMMENDATION: Alternative#1. ACTION REQUESTED: Authorize the appropriate City officials to execute the attached agreement and lease a Harley Davidson Road King Police Motorcycle from Faribault Harley Davidson for two years at $12.00 a year. Faribault Harley-Davidson, Inc. 1051 Faribault Road Faribault, MN 55021 (800) 327-4228 Lease Agreement This is a Lease Agreement (the "Agreement") between Faribault Davidson Inc. , and the City of Shakopee. (the "Lessee") dated this day of under which the lessor shall lease Harley Davidson police motorcycles to the lessee under the following terms and conditions: 1. Equipment The 1997 motorcycles leased by Lessor to Lessee shall be FLHPI Harley Davidson police solo motorcycles as described on the specification sheet attached here-to as Exhibit 1 (the "Motorcycles") . 2. Terms of Agreement This agreement shall be effective as of the date of execution for a period of twenty-four (24) months. 3. Lease Payments The Lessee shall pay to the Lessor 51,00 per month per motorcycle. 4. Insurance At it's own expense, the Lessee shall carry Public Liability 1 and Property Damage Insurance in the amount of S500. 000. The Lessor shall be named as co-insured and loss payee on this policy. The Lessee shall carry Worker's Compensation Insurance covering all• employees of the Lessee working on, in, or near, or about the motorcycles. The Lessee shall furnish to the lessor certificates or other satisfactory evidence of all insurance coverage described above as required by the terms and conditions of this Agreement. 5. Indemnity The Lessee shall and does hereby indemnify and hold the lessor harmless from any and all liability arising out o the acts of it's employees in the leasing, renting, operation, control, use, delivery and/or return of the Motorcycles, but shall be credited with any amounts received by the Lessee with respect thereto from liability insurance secured by the Lessee. 6. Liens The Lessee shall not directly or indirectly create, incur, assume or suffer to exist any mortgage, pledge, lien, charge, encumbrance or claim not excepted above, if the same shall arise at any time due to the Lessee's action or inaction. 7. Taxes and Fees The Lessee shall pay any necessary taxes or fees, including but not limited to Sales and Use Tax, Excise Tax, Personal Property Tax, assessments, penalties, licenses, fees, registration fees, freight and transportation charges, permits, and any other similar charges imposed on the ownership, possession or use of the motorcycles during the term of this Agreement. 2 8. Care and Use of Equipment The lessor agrees to maintain the motorcycles pursuant to the Manufacturers Standard Preventative Maintenance Contract and/or Recommendations. All repairs shall be made at the Faribault Harley Davidson, Inc. , 1051 Faribault Rd. , Faribault, MN 55021, at regular Maintenance intervals set up by the Lessor in accordance with the Service Schedule attached hereto as Exhibit 2. The Lessee shall protect the Motorcycles from deterioration other than normal wear and tear, shall use the Motorcycles for police related activities only, without abuse, and shall not make modifications, alterations or additions to the motorcycles (other than normal operating accessories or controls) without the written consent of the Lessor, which shall not be unreasonably withheld. Robert W. Hofmeister, on behalf of the Lessor, shall have the right, during regular business hours, to enter upon the premises where the motorcycles are located in order to inspect, observe, or otherwise protect the Lessor's interest, and the Lessee shall afford the opportunity to do so. 9. Damage or Deterioration of Motorcycles In the event the Motorcycles are partially damaged or destroyed due to the actions of the Lessee or it's employees prior to the end of the term of their agreement, the Lessee will promptly' have the motorcycles repaired and restored to there original condition and working order. In case of theft or total loss of any of the Motorcycles, the replacement value of each motorcycle shall be 512,500.00. 3 10. Rider responsibility and Privileges Each rider shall be responsible for keeping his/her Motorcycle clean and reporting any repairs needed to the Lessor. The Lessee may allow riders to use the motorcycles to travel to and from work provided that the Motorcycles are fully insured by the Lessee and that distance to and from is no more than twenty (20) miles each way. 11. Events of Default and Remedies Lessee shall be deemed to be in default under this Agreement upon the happening of any of the following events of default: (A) Lessee fails to make any periodic payment or fails to make any other payments required here under, or (B) Lessee fails to comply with any other term, covenant or condition contained herein. Upon the occurrence of any event of default as specified above, should Lessee fail to remedy such event of default with all reasonable dispatch within a period of thirty (30) days, Lessor shall have the right, at it's option without any further demand or. notice, to purchase any of the following remedies: (A) Repossession of the Motorcycles, including the right to sell or lease the Motorcycles for the account for the Lessee, and hold Lessee liable for all payments up to the effective date of such sale or lease. Lessor may hold Lessee responsible for the difference between payments which would be due under this Agreement and the amount received by Lessor for sale or lease of the Motorcycles upon default. 4 (B) Any action at law or in equity as may appear necessary to collect the payments then due thereafter to become due, or to enforce performance and observance of obligation, agreement or covenant of Lessee under this Agreement. Lessor shall be deemed to be in default under this Agreement upon failure to comply with any term, covenant or condition contained herein. In the event of default by either the Lessor or Lessee, the Lessee shall have the right to terminate this Agreement. 12. Maintenance and Equipment Lessor shall provide full maintenance of the Motorcycles at no cost to the Lessee. Lessor shall not supply Lessee with gasoline or tires. All maintenance shall be done at Faribault Harley Davidson, Inc. , 1051 Faribault Rd. , Faribault, MN 55021. The Motorcycles shall be new FLHPI Harley-Davidson model. Lessee shall furnish radios and all equipment necessary to operate motorcycle for police activity, (sirens, lights, etc. ) . Installation done by Faribault Harley Davidson at no charge also to new replacement motorcycle. Maintenance of the radios shall be sole responsibility of the Lessee. 13. Sublease or Assignment This Agreement may not be assigned by either the Lessor or Lessee. Neither Lessor nor Lessee may effect the subleasing of the Motorcycles. 5 . IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of this day of in the year Faribault Harley-Davidson, Inc. Witnesses: By: Officers's Title: Witnesses: By: Officer's Title: City of Shakopee Witnesses: By: Officer's Title: 6 //. /9. . TO: Mayor and City Council Mark McNeill, City Administrator Vel. FROM: Tom Steininger, Chief of Police SUBJECT: Purchase of Unused Holiday Time DATE: 11 01 96 INTRODUCTION: In accordance with the terms of existing union contracts, the officers listed below have requested that the city buy back unused holiday time in the amounts indicated. BACKGROUND: The police union contracts both contain the following provision: "The employer may, at his option, buy back from any employee so requesting by November 1st of each calendar year any holiday time off earned but not used by the employee by December 31st of any calendar year." The City will not buy back more than 40 hours of Holiday time from any individual.. Officers are allowed to carry up to 40 hours of unused holiday time 90 days into the next calendar year. Ten officers have asked the City to buy back a total of 400 unused holiday hours as indicated below at a cost of$8,695.54. Carlson 40 hours $848.59 Erlandsen 40 hours $961.79 Flynn 40 hours $958.31 Forberg 40 hours $871.00 Gulden 40 hours $723.25 Kaley 40 hours $958.31 Koch 40 hours $835.66 Robson 40 hours $854.38 Scherer 40 hours $848.59 Tucci 40 hours $835.66 BUDGET IMPACT: Funds exist within the budget pay for this expenditure. ALTERNATIVES: 1. Buy back unused holiday hours as requested. 2. Buy back unused holiday hours but fewer than requested. 3. Do not buy back unused holiday hours. RECOMMENDATION: Alternative#1. ACTION REQUESTED: Authorize the appropriate City Officials to buy back unused holiday hours from the individuals listed above up to the amount indicated. ll. /. .0 CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: St. Francis Building Use - Police DATE: October 23, 1996 INTRODUCTION: The Council is asked to adopt a resolution which will allow the utilization of the old St. Francis Hospital building by the Police Department for training purposes. BACKGROUND: The attached memorandum from Police Chief Tom Steininger describes an arrangement which he has negotiated with St. Francis for the use of their old building for training purposes. Vice President of Finance Brian Weinreis states that the building will be available for training purposes by mid-November. The kitchen is currently being used for"Meals on Wheels" preparation, and asbestos removal will be taking place soon. By mid-December, demolition is scheduled to start. In the attached resolution, the City agrees to hold St. Francis harmless from liability. RECOMMENDATION: We recommend that the attached resolution be adopted. ACTION REQUIRED: If the Council concurs, it should, by motion, authorize the attached resolution by and between the City of Shakopee, and St. Francis Regional Medical Center to permit the utilization of the old hospital building for Police training purposes. /2AAcivikuutio Mark McNeill City Administrator MM:tw CITY OF SHAKOPEE Memorandum TO: Mark McNeill, City Administrator FROM: Tom Steininger, Chief of Police SUBJECT: Training Site DATE: October 4, 1996 INTRODUCTION: The Police Department is requesting Council approval to use the old St. Francis Hospital building for tactical training exercises. BACKGROUND: From time to time, buildings become available for police training purposes. Certain training such as building searches when dangerous persons are believed to be present, hostage rescue, situations involving barricaded suspects and entry techniques are most effectively accomplished in buildings which are unoccupied and scheduled to be demolished. The old St. Francis Medical Center building at 325 West 5th Avenue is an ideal site for these kinds of training and is available to us. Their requirements are a letter from the City Administrator requesting use of this building and a resolution from Council holding St. Francis Regional Medical Center harmless from any negative consequences arising from tactical training conducted there. BUDGET IMPACT: None. ALTERNATIVES: 1. Approve site for training. 2. Do not approve site for training. RECOMMENDATION: Alternative#1. ACTION REQUESTED: Adopt resolution 4533, a resolution of the City of Shakopee, Minnesota, requesting the use of the old St. Francis Regional Medical Center, a building owned by the St. Francis Regional Medical Center, for police training. RESOLUTION NO. 115 3 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, REQUESTING THE USE OF THE OLD ST. FRANCIS REGIONAL MEDICAL CENTER, A BUILDING OWNED BY THE ST. FRANCIS REGIONAL MEDICAL CENTER, FOR POLICE TRAINING. WHEREAS, the St. Francis Regional Medical Center has possession of the building located at the following address : 325 West Fifth Avenue in the City of Shakopee; and WHEREAS, this building is scheduled for demolition in order to make room for additional parking; and WHEREAS, the Shakopee Police Department would like to use this building for police training purposes including stealth entry, dynamic entry, hostage rescue scenarios, officer rescue scenarios, room searches, officer down rescues, luminol testing, scaling walls, and general team movement; and WHEREAS, the City of Shakopee would assume all liability for all claims for damage, actions or causes of action arising out of negligent acts of the Police Department, its agents and employees, hold the St. Francis Regional Medical Center harmless from any such claims; and WHEREAS, the St . Francis Regional Medical Center has tentatively agreed to the use of this building for police training purposes subject to the passage of this resolution. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Shakopee that the Shakopee Police Department is authorized to arrange with the St . Francis Regional Medical Center for the use of the premises at 325 West Fifth Avenue, in Shakopee, Minnesota, for training purposes. Dated this day of , 1996 . Mayor of the City of Shakopee Attest : City Clerk [BURNING.RES] 1/. . CITY OF SHAKOPEE Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director RE: Bids For Full Size Squad Car DATE: October 23, 1996 Introduction The 1997 Internal Service Fund budget contains an appropriation request for the purchase of one squad car. Background The 1997 budget includes an appropriation request of $25,660 for the purchase of 1 squad car. Funding is from the Capital Equipment Internal Service Fund. The cost is an increase of $1,255 over last year. The new car will replace a 1993 model. Additional costs include graphics, communications conversion and propane conversion which could total about $4,500 - $5,000. The bid for the full size car is as follows; 1997 Base bid $19,915.00 Options: Deck lid lights 112.00 Extended Warranty 1,430.00 Shop manual 95.00 Total 21,552.00 Alternatives 1. Buy as per above. 2. Buy as per above but modify options. 3. Rebid on our own. 4. Don't buy a full size squad. Recommendation Alternative number 1. Action Move to authorize the purchase of a full size police squad from Superior Ford in the amount of $21,552 plus dealer delivery in accordance with the Hennepin County Cooperative contract. Greg oxland Finance Director I:\finance\docs\gregg\97squad CITY OF SHAKOPEE / 61 . Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Police Civil Service Commission Appointment DATE: October 31, 1996 INTRODUCTION: The Council is asked to appoint Don Hamilton to the Police Civil Service Commission. BACKGROUND: The resignation of Richard Mulcrone from the Police Civil Service Commission in September of this year created a vacancy on the Police Civil Service Commission, for which an advertisement was made. The unexpired term runs through February 28, 1999. Two Shakopee residents, Don Hamilton and Steve Johnson, asked to be considered. At its meeting of October 15th, Council appointed an interview panel consisting of Mayor Henderson, Councilor Zorn, and the City Administrator to interview the two candidates. That was done on October 30th. RECOMMENDATION: Following the interview,the interview panel recommended that Don Hamilton be appointed to the vacancy. ACTION REQUIRED: If the Council concurs, it should, by motion, authorize the appointment of Don Hamilton to the vacancy on the Police Civil Service Commission. Mark McNeill City Administrator MM:tw CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Appointment to Police Civil Service Commission DATE: October 23, 1996 INTRODUCTION: It is appropriate, at this time, for City Council to consider two applicants for appointment to the Police Civil Service Commission to fill the unexpired term of Richard Mulcrone. BACKGROUND: On September 17th, City Council accepted the resignation of Richard Mulcrone from the Police Civil Service Commission and directed staff to begin the process to fill the vacancy. The City received two applications for the opening and City Council nominated Donald Hamilton and Steven Johnson to fill the unexpired term on October 15, 1996. The interview committee (comprising of Mayor Henderson, Councilor Zorn and City Administrator, Mark McNeill) interviewed both candidates and has made a recommendation to the Council, see exhibit "A" attached. According to the City procedural policy on appointments, it is appropriate that Councilmembers now vote for their preference for the appointment and that the Mayor then open the paper ballots and announce how the votes were cast. After a candidate has received a majority vote on a paper ballot, a motion would be in order to appoint that person to the unexpired term on the Police Civil Service Commission. (All ballots shall be turned over to the City Clerk and be properly filed. ) RECOMMENDATION: 1) Vote on the candidates to fill the vacancy. 2) Motion to appoint the candidate with the majority of votes to fill the vacancy. RECOMMENDED ACTION: Move to appoint to the Police Civil Service Commission to fill the unexpired term of Richard Mulcrone ending February 28, 1999. A J •�t S. Cox, Ci Jerk November 6, 1996 Police Civil Service Commission Unexpired term ending 2/28/99 Vote for one Donald Hamilton Steven Johnson Voter's Signature • APPLICATION FOR COUNCIL ADVISORY BOARDS AND/OR COMMISSIONS City of Shakopee 129 Holmes Street South Shakopee, MN 55379 We welcome you as a possible applicant for one of our City Boards and/or Commissions . What are the qualification for serving on these advisory Boards and Commissions? You must be a resident of Shakopee, except where non residency is permitted by Council resolution, and more importantly, you must have an interest in serving your community. The Boards and Commissions meet during the evening and typically have from one to two meetings per month, as follows: Planning Commission/Board of 1st Thursday after 1st Adjustment and Appeals Tuesday at 7:30 p.m. Community Development Commission 3rd Wednesday at 5 :00 p.m. Cable Communications Commission Quarterly, or as needed on Monday at 7:30 p.m. Housing Advisory and"Appeals Board As Needed Building Code Board of Adjustment As Needed and Appeals Shakopee Public Utilities Commission 1st Monday at 4 :30 p.m. Park & Recreation Advisory Board 4th Monday at 7:00 p.m. Police Civil Service Co--ission As Needed Board of Review 7:00 p.m. 2 to 3 .Tuesdays in May Name : 1.1 r= VAL\1-\ Address: I1V� �C �.�•�•E �Z . jI-��• 3c Phone : (H) `ASS l•.: `'• , (B) How long have you been a Shakopee Resident? 5' Occupation: c`f �C \� S 4 S L P',:Nr1 i C e tic:•&S e s •\ S r<i3Or,1 Does your work require you to travel? (Check one) A great deal _r__._ Periodically Very Little Not at all • r • Do you have any special interests or training which you feel a particular board or commission could use? (Use a .separate sheet if necessary) bc? StA GA HAtar.,'c Sr, Ya►`v.s.,:a �. ���►�• tl_-r Lx! '�:�..:5• v . �,(-*.•.'J 1 wi5 11.•CI Y — �L c� A,N 1-�f'.` 1 S�Y.:Z C/\f- .=-c-Nc- 1SF,.YS. Board or Commigsion in which you are interested? Please state briefly why you are interested in serving on this Board/Commission for which you are submitting an application: i c - 14 \- & c is t� �'� tiJ•a T �. �— U M Vv a L t.% `T �..: t'& M G c i-� '"t`►t•T 1 c. L�N�1 f'Y ?L(..1.1. l L L ': Conflict of interest ie defined as he participation in any activity, recommended action, or decision from which the individual has or could have the potential to receive personal gain, whether it be direct or indirect. In accordance with this definition, do you have any legal .or . equitable interested in any business, however organized, which could be constructed as a conflict of interest? Yes No If yes, please provide the details on a separate sheet of paper. Please list three references (Name, Address, Phone) : 1 . 1"1 r�-t v`� 0"t" w:: Clio YS t a C c tWe v-S 2 . S�„�fr.::eY , ��.�::.�� , 2c ' )•=3 3 . I hereby certify that the facts within the foregoing application are true and correct to the best of my knowledge: Signature Date - RETURN APPLICATION AND PLEDGE TO: • City Clerk (�J City of Shakopee "u . 129 Holmes Street South - °fib Shakopee, r2 55379 \Q • 1( RESOLUTION NO. 2206 A RESOLUTION SETTING FORTH CITY COUNCIL PROCEDURAL POLICY ON APPOINT1MENTIS TO CITY BOARDS AND COMMISSIONS WHEREAS, in accordance with the City Code, the Shakopee City Council has the authority and obligation to appoint persons to the various City Boards and commissions; and WHEREAS, the City Council desires to establish a procedure for the appointment of persons to the various City boards and commissions. NOW, THEREFORE, BE IT RESOLVED, that the Shakopee City Council hereby establishes the following procedure to appoint persons to the various City boards and commissions: 1. When an appointment is required, the City Administrator shall notify the City Council as early as possible before the appointment is put on the City Council agenda. 2. The City Council shall make an appointment to a City board or commission only if the appointment appears on the printed agenda of that meeting or if the appoint- ment was tabled from a previous meeting. 3. The City Council shall follow Roberts Rules of Order, Newly Revised, in making nominations for any appoint- • ment to be filled. Any Councilmember can nominate an individual and the nomination must be seconded by another member. Each Councilmember who nominates a person for an appointment should either pass out a resume of that person to the other Councilmembers or be able to recite some background information about the nominee. A motion to close nominations can be made and seconded at any time after each Councilmember present has been polled for a nomination. Once nominations are closed, no further applications will be received and vote will be •made at the next Council meeting. r., 4. After nominations have been closed, if there is more than one person nominated for an appointment, the City Clerk shall distribute paper upon which each Councilmember shall write his preference for the appointment and sign their name. 5. The Mayor shall open the paper ballots and announce how the votes were,cast,-, 6. If the person receiving the most votes does not have a majority vote of the Councilmembers present, then there shall be a second paper vote between the top two candidates. If the vote is a tie between the top two candidates, there shall then be an additional paper vote between the top two candidates. • . Resolution No. 2206 Page 2 7. After a candidate has received a majority vote on a paper ballot, the Mayor shall annouce his or her name and the fact that he or she has a majority vote. At that time, a motion is in order to appoint that person to the position. This motion shall be voted on and if the person receives a majority, he or she is then appointed. 8. All ballots shall be turned over to the City Clerk and be properly filed. 9. Upon majority vote of the Councilmembers present, the Council may waive the procedural policy on appoint- ments to permit nominations, voting and appointment all to occur at the same Council meeting. BE IT FURTHER RESOLVED that Resolutions 1562 and 1969 are hereby repealed in their entirety. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this 3rd day of January, 1984. -% 441 yor of the City of Shakopee ATTEST: '4 -61 - g/-(/ ( ) City er Approved as to form this day of January, 1984. (--- 1"4-.2712-:eel .. City Attorney iq CITY OF SHAKOPEE Memorandum TO: Mayor and Council Mark McNeill, City Administrator())* FROM: Tom Steininger, Chief of Police SUBJECT: MDT Lease Agreement DATE: October 30, 1996 INTRODUCTION: BACKGROUND: On December 19, 1995, Council directed the appropriate city officials staff to enter a Joint Powers Agreement for a Public Safety Communications and Information System between Scott County,Belle Plaine, Jordan,New Prague, Prior Lake, Savage and Shakopee. Part of this agreement calls for the execution of an agreement to lease six mobile data terminals (MDT's)for 5 years at a cost of$647.96 per month once the equipment was installed and operating to the satisfaction of the department. The equipment has been installed and is operating satisfactorily. BUDGET IMPACT: The police department budgeted $12,000 in 1992 and again in 1993 to meet the cost of this equipment which were supposed to go on line late in 1993. When this did not happen, the funds which had been set aside reverted to fund balance at the end of the year. The Finance Director has prepared a budget amendment to cover the cost of the lease. ALTERNATIVES: 1. Execute agreement with Scott County to lease MDT's 2. Pass budget amendment to cover lease cost. 3. Use a different source to cover lease costs. RECOMMENDATION: Alternatives# 1 and#2. ACTION REQUESTED: Direct the appropriate city officials to enter the attached agreement to lease MDT's from Scott County for 5 years at a cost of$647.96 per month and pass the proposed budget amendment to cover the cost of the lease. WILLIAM J. NEVIN SCOTT COUNTY SHERIFF COMMUNICATIONS/RECORDS sccrrrCOURTHOUSE B14 428 HOLMES STREET SOUTH SHAKOPEE, MN 55379-1391 Communications Center: (612)496-8311 Records Center: (612)496-8309 911 Emergency Only Fax: (612)496-8411 October 7t`, 1996 Mark McNeill City Administrator City Hall 129 South Holmes Shakopee,MN 55379 Mr. McNeill: RE: MDT Lease with Scott County The Shakopee Police Department is the first agency in our system to have all of it's mobile data terminals installed. All are operational and communicating with the State of Minnesota. I have enclosed for signature by the city council the lease agreement that was approved by the administrators early on in this project. Much of this is new to you since it all took place prior to your arrival with the city of Shakopee. Chief Steininger can assist you in explaining the history of the project. I am also readily available to assist you or answer any questions you might have regarding this project. You can reach me at 496-1648,or page me anytime at 534-4020. Rel. �, :ois Lieutenant cc: Chief Steininger • An Equal Opportunity/Affirmative Action/Safety Aware Employer MOBILE DATA TERMINAL LEASE AGREEMENT This Agreement, entered into by and between the County of Scott, through the Scott County Sheriff's Office, 428 South Holmes Street, Shakopee, Minnesota, hereinafter referred to as "Lessor", and the City of Shakopee through the Police/Fire/Emergency Department, hereinafter referred to as "Lessee". WITNESSETH: WHEREAS, Lessor and Lessee agree that use of certain com- puter equipment in emergency and/or other public safety vehicles by Lessee would ensure direct, efficient and interactive communi- cation and central record information access, which would be beneficial to both Lessor and Lessee; and WHEREAS, in order to more directly and efficiently access and exchange information through a Scott County central computer system, the Lessee desires to make use of certain computer equip- ment from the Lessor and is willing to compensate Lessor in return therefore. NOW THEREFORE, in accordance with the terms and conditions of this Agreement, the parties hereto agree as follows: 1. Scope of Agreement. Subject to the terms of this Agreement, and the recitals set forth above and incorporated herein, Lessor agrees to lease to Lessee and Lessee hereby agrees to lease from Lessor, certain items of computer equipment, hereinafter referred to as the "Equipment", as further described and listed on the attached Exhibit B, incorporated herein. 2 . Responsibilities. Lessor will deliver, install and make the Equipment ready for use by Lessee commencing on or about October 1 , 1996. The actual lease commencement date is the date the initial installation of the Equipment in all designated vehicles is com- plete. Lessor shall cause to be provided any and all customary maintenance necessary for the Equipment, as further described in Section 14 of this Agreement, pay all state access fees required to operate the Equipment, and shall procure and maintain loss and casualty insurance for the Equipment, as provided in Section 12 of this Agreement. Lessee shall designate one person within Lessee's public safety unit(s) to be the liaison regarding the installation and maintenance of the Equipment. Lessee is responsible for being prepared to accept installation of the Equipment on the above date. After installation of the Equipment, Lessee is responsible for any loss of or damage to Equipment due to the negligence of Lessee or its representatives or agents. 3 . Consideration and Terms of Payment. In return for the Lessor making available the Equipment identified in this Agreement on the attached Exhibit B, Lessee agrees to pay to Lessor the sum of Six Hundred Fourty Seven and =nej0G_f$ A49t Dollars per month. 96/00 ($647 . 96) The monthly lease charge as set forth above (or a pro-rata portion thereof, if the Equipment is installed after the first calendar day of a month) for each unit of Equipment begins on the date Lessor has completely installed the Equipment in all the designated vehicles. This charge includes the initial cost of the Equipment, pro-rated or amortized over five years, interest of six (6%) percent on the outstanding balance, state access fees, maintenance costs, and insurance premiums and entitles Lessee to unlimited use of the Equipment, exclusive of the time required for preventive or remedial maintenance. Lessee will be billed in advance of the Lease Commencement Date and each month thereafter. Payments are due and payable in full on or before the first day of each month during the term of this Agreement. Service charges, subject to applicable law, not in excess of six ( (6%) per month, may be imposed on past due payments. Charges for a partial month's lease will be pro-rated based on a thirty (30) day month. Lessee agrees that Lessee's obligation and duty to pay all sums due and to become due pursuant to this agreement should be absolute and unconditional and are not subject to any defense, counterclaim, set off or recoupment by reason of past, present or future claims which lessee may have against lessor or any other person. Additionally, Lessee will not assert against assignee of this agreement any defense, counterclaim, set off or recoupment by reason of any past, present or future claims which lessee may have against Lessor. 4 . Lease Term, Extension. The initial term of this Lease Agreement is five (5) years, commencing on the date Lessor completes installation of the Equipment in all the designated vehicles of Lessee and the Equip- ment is determined to be in good operating order. This Agreement may be extended beyond the initial term, only with the written consent of both parties. If the parties agree to extend this Agreement beyond the initial term, the parties shall agree in writing to the terms and conditions of the exten- sion, including the length of any extension. Each party shall give written notice to the other party ninety (90) days prior to the expiration date of this Agreement, of its intentions regarding extension of this Agreement. 5. Title to Equipment. All items of Equipment shall remain the sole property of Lessor and shall at all times remain separate items of personal property, notwithstanding attachment or affixing to other items of equipment, vehicles, other personal or real property or any building thereon. The Equipment may be removed by Lessor upon termination of this Lease after its term has expired or in the event Lessee is in material default of its covenants or undertak- ings of this Agreement. Lessee shall not remove, or cause or permit to be removed, from any Equipment, any serial number, model, name or other indicia of ownership. 6. Ecuipment Installation. Lessor shall provide Lessee with instructions for prepara- tion of Lessee's vehicles for installation of the Equipment. Said instructions shall be provided within an adequate time per- iod prior to the installation date to allow Lessee to prepare the vehicles. Lessee is responsible, at its sole expense, for having the vehicles prepared prior to the scheduled installation date in accordance with the Lessor's instructions, including supplying all necessary installation facilities, such as space, electrical power, outlets and other necessary items to fulfill Lessee's responsibility. 7. Equipment Relocation. Lessee agrees not to move the Equipment without prior written notification to Lessor. Any relocation of the Equipment shall be accomplished by Lessor or its assigns, unless otherwise agreed. All relocated Equipment shall continue to be bound by this Agreement. 8 . Equipment Alteration and Attachments. No alterations in or attachments to the Equipment may be made without prior written approval of Lessor. If, after such written approval has been obtained, the alterations or attach- ments interfere with the normal and satisfactory operation or maintenance of any of the Equipment, such as to increase sub- stantially the cost of maintenance thereof or create a safety hazard, Lessee shall, upon notice from Lessor, promptly remove the alteration or attachment and restore the Equipment to its original condition. 9 . Equipment Warranty. Lessor warrants that the Equipment delivered under this Agreement shall be compatible with Lessee's present equipment, shall be in good working order and shall be fit for the intended purposes. 10. Additional Equipment. In addition to the Equipment listed on Exhibit B of this Agreement, Lessor •may furnish other items of equipment to Lessee under this Agreement to update or enhance the communication and information access purposes of this Agreement, with the written consent of the Lessee. Any such equipment shall be furnished and installed at the scheduled charges in effect on the date such equipment is delivered ready for use. Such additional items of equipment when leased hereunder shall constitute a part of the "Equipment" . Lessor shall notify Lessee in writing and shall specify the term of the lease, model number, quantity and unit price of the equipment desired to be installed. 11. State Access Fees. Lessor shall pay all state access fees arising from or based upon the Equipment or its use, during the term of this Agreement. 12 . Insurance and Indemnification. Lessor shall self-insure or maintain insurance for the Equipment throughout the term of this Agreement and any one (1) year extension period authorized in Section 4 of this Agreement. Said insurance shall provide against the loss or theft of or damage to the Equipment, at its full replacement value. Coverage shall not include the intentional acts of Lessee. Lessee agrees to use the Equipment in a careful and proper manner. Each party shall be liable for its own acts to the extent provided by law and hereby agrees to indemnify, hold harmless and defend the other, its officers and employees against any and all liability, loss, costs, damages, expenses, claims or actions, including attorney's fees which the other, its officers and employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any act or omission of the party, its agents, servants or employees, in the execution, performance, or failure to adequately perform its obligations pursuant to this agreement. 13 . Software. Lessee agrees that it will not make or allow any unauth- orized use of the software program utilized by the Equipment. Lessor represents that the computer application software to be utilized by the Equipment adequately provides for the operation of the Equipment to accomplish its intended purposes. Lessor shall provide upgrades to the Equipment as available through Lessor's software provider. 15 . Maintenance Service. Lessor shall cause the necessary adjustments, repairs and replacements of the Equipment to be provided, unless such adjust- ments, ' repairs or replacements are made necessary by Lessee's breach of its covenants to take reasonable care in the operation and use of the Equipment, in which case, Lessee shall pay Lessor expenses in connection therewith. Lessor agrees to provide the following maintenance services to Lessee to keep the Equipment in good working order, all of which services are included within the basic monthly charges, as set forth in Section 3 of this Agree- ment: A. Whenever possible, any Equipment needing preventive or remedial repairs or adjustments shall be removed from Lessee's vehicle and a temporary replacement unit, of the same or similar specifications, will be installed, to minimize disruption to Lessee due to preventive or remedial maintenance. B. Lessor will perform, in a timely fashion, periodic or routine preventive maintenance according to the specific needs of the individual items of Equipment as determined by Lessor, based upon the manufacturer's recommended maintenance specifications. Pre- ventive maintenance will include, necessary adjustments, repair or replacement of parts rendered unserviceable in ordinary use, any engineering changes, computer software upgrades, and any other maintenance deemed necessary by Lessor. C. Lessor will perform reasonably requested unscheduled remedial maintenance service, including necessary adjustments and repair or replacement of parts rendered unserviceable in ordinary use, as needed to keep the Equipment in good operating condition. 16. Termination. This Agreement may be terminated by either party, with or without cause, upon ninety (90) days written notice to the authorized agents of Lessor or Lessee. 17. Authorized Agents. The authorized agents for the parties for purposes of administration of this Agreement are as follows: Scott County: City of Shakopee •• Sheriff William Nevin Scott County Courthouse 428 South Holmes Street Shakopee, Minnesota 55379 18. Written Notice. Any notice or other communication required under this Agreement shall be in writing and shall be enclosed in a sealed envelope, postage prepaid, and deposited in the United States Postal Service, addressed to the authorized agent at the address stated herein, or by delivering such in person to the authorized agent's office at the address provided above. If by mail, service shall be deemed completed three (3), business days after deposited with the United Sttes Postal Service. 19. Changes. The parties agree that no alteration, amendment, deletion or modification of this Agreement shall have any force or effect unless the change is reduced to writing, dated and made a part of this Agreement. The execution of the change shall be authorized and signed in the same manner as this Agreement. 20. Sublease/Assignment. Lessor may not assign this Agreement and any of its rights hereunder for the purpose of financing the acquisition of equip- ment through a financial institution, by granting a security interest in or other lien on the equipment, without the prior written consent of the Lessee. Such assignment shall not relieve Lessor of any of its obligations or impose upon the assignee any of the obligations of the Lessor described in this Agreement. Under this Agreement, Lessor may enter into a contract for the installation, remedial and preventive maintenance services pro- vided to Lessee. Any agreement between Lessor and any contractor shall obligate the contractor to comply with the general terms of this Agreement. With the exception of the above provisions, the parties shall not enter into any contract or subcontract for the performance of the terms and conditions of this Agreement nor assign or transfer any interest in the lease without prior written consent of the other party and subject to such conditions and provisions as are deemed necessary. 21. Successors and Assigns. The County and the City, respectively, bind themselves, and any partners, successors, assigns or other authorized represent- atives to the other party to this Agreement and the partners, successors, assigns or other authorized representatives of such other party with respect to all covenants of this Agreement. 22 . Severability. The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void, invalid, or unen- forceable, by a court of competent jurisdiction, such rendering shall not affect the validity and enforceability of the remainder of this Agreement, unless the part or parts which are invalid, void, or otherwise unenforceable shall substantially impair the value of the entire Agreement with respect to either party. The parties agree to substitute for the invalid provision, a valid provision that most closely approximates the economic effect and intent of the invalid provision. 23 . Entire Agreement. It is understood and agreed that the entire agreement of the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof, as well as any previous agreements presently in effect between the Lessor and Lessee relating to the subject matter hereof. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of this day of , 1996. COUNTY OF SCOTT CITY OF Shakopee APPROVED: APPROVED: By By Ralph T. Malz Chair, Board of Scott Mayor, City of County Commissioners Gary L. Cunningham Scott County Administrator City Administrator Approved as to form: Approved as to form: Thomas J. Harbinson Scott County Attorney City Attorney Exhibit'B" Lease Agreement between City of Shakopee and the County of Scott The City of Shakopee is leasing 6 Mobile Data Terminal units with Radio and Modem(DPC). The amount is based upon Principle,which includes unit cost,sales tax,and installation. Interest of 6% per-year,plus monthly maintenance costs,and state of Minnesota Access Fee's. Unit cost which is the MDT,Radio,and modem(DPC)is 52936.40 each. Sales Tax is$1,145.19 total. Installation cost is S389.70 per-unit total of S2,338.20 Maintenance and Insurance is$10.00 per-month per-unit. State Access Fee's are S30.00 per-month,per-unit. Total Cost 6 Units $17,618.40 Sales Tax 6 Units $ 1,145.19 Installation 6 Units $ 2,338.20 Maint/Ins 6 Units $ 60.00 Access Fee's 6 Units $ 180.00 Total Monthly Lease Cost S647.96 per-month for 5 years Sheetl Scott County Sheriffs Department Communications Division MDTIA ICT Installation/Inventory Sheet MDT(X) MCT() Make: Model# Serial# ElectroCom 870-T 50863-9616-015 County ID# Chip ID# 12809 Radio Make: Model# Serial# E.F. Johnson 2429655 96553E036A14059-H County ID# 12810 Date Installed: Department: Unit# Technician: 10/3/96 Shakopee 962 Eric Cost: $2,936.40 Page I Sheetl Ii Scott County Sheriffs Department Communications Division MDT/MCT Installation/Inventory Sheet MDT(X) MCT() Make: Model# Serial# ElectroCom 870-T 50863-9616-057 County ID# Chip ID# 12811 19 Radio Make: Model# Serial# E.F. Johnson 2429655 96553E036A14021-H County ID# 12812 Date Installed: Department: Unit# Technician: 9/27/96 Shakopee 960 Eric Cost: $2,936.40 Page 1 Sheet! Scott County Sheriffs Department Communications Division MDT/MCT Installation/Inventory Sheet MDT(X) MCT() Make: Model# Serial# ElectroCom 870-T 6MF010-044 County ID# Chip ID# 12819 33 Radio Make: Model# Serial# E.F. Johnson 2429655 14066 County ID# 12820 Date Installed: Department: Unit# Technician: 10/2/96 Shakopee 954 Eric Cost: $2,936.40 Page 1 Sheet! Scott County Sheriffs Department Communications Division MDTIMCT Installation/Inventory Sheet MDT(X) MCT() Make: Model# Serial# ElectroCom 870-T 6MF010-42 County ILO Chip ID# 12817 21 Radio Make: Model# Serial# E.F. Johnson 2429655 14054 County ID# 12818 Date Installed: Department: Unit# Technician: 10/1/96 Shakopee 953 Eric Cost: $2,936.40 Page 1 Sheetl Scott County Sheriffs Department Communications Division MDT/MCT Installation/Inventory Sheet MDT(X) MCT() Make: Model# Serial# ElectroCom 870-T 6MF010-046 County ID# Chip ID# 12815 20 Radio Make: Model# Serial# E.F. Johnson 2429655 14032 County ID# 12816 Date Installed: Department: Unit# Technician: 10/1/96 Shakopee 940 Eric Cost: $2,936.40 • Page 1 Sheet! Scott County Sheriffs Department Communications Division MDT/MCT Installation/Inventory Sheet MDT(X) MCT() Make: Model# Serial# ElectroCom 870-T 50863-9616-055 County ID# Chip ID# 12813 35 Radio Make: Model# Serial# E.F. Johnson 2429655 96553E036A14050-H County ID# 12814 Date Installed: Department: Unit# Technician: 9/30/96 Shakopee 931 Eric Cost: $2,936.40 Page 1 Approximate Future Payment Schedule 10/7/96-DUBOIS96 Page 1 Pmt Principal Interest Balance 6.0% 21,101.79 1 302.45 105.51 20,799.34 2 303.96 104.00 20,495.38 3 305.48 102.48 20,189.90 4 307.01 100.95 19,882.89 5 308.55 99.41 19,574.34 6 310.09 97.87 19,264.25 7 311.64 96.32 18,952.61 8 313.20 94.76 18,639.41 9 314.76 93.20 18,324.65 10 316.34 91.62 18,00831 11 317.92 90.04 17,690.39 12 319.51 88.45 17,370.88 13 321.11 86.85 17,049.77 14 322.71 85.25 16,727.06 15 324.32 83.64 16,402.74 16 325.95 82.01 16,076.79 17 327.58 80.38 15,749.21 18 329.21 78.75 15,420.00 19 330.86 77.10 15,089.14 20 332.51 75.45 14,756.63 21 334.18 73.78 14,422.45 22 335.85 72.11 14,086.60 23 337.53 70.43 13,749.07 24 339.21 68.75 13,409.86 25 340.91 67.05 13,068.95 26 342.62 65.34 12,726.33 27 344.33 63.63 12,382.00 28 346.05 61.91 12,035.95 29 34^.78 60.18 11,688.17 30 349.52 58.44 11,338.65 31 35127 56.69 10,987.38 32 353.02 54.94 10,634.36 33 354.79 53.17 10,279.57 34 356.56 51.40 9,923.01 35 358.34 49.62 9,564.67 36 360.14 47.82 9,204.53 37 361.94 46.02 8,842.59 38 363.75 44.21 8,478.84 39 365.57 42.39 8,113.27 40 367.39 40.57 7,745.88 41 36923 38.73 7,376.65 42 371.08 36.88 7,005.57 43 3-2.93 35.03 6,632.64 44 374.80 33.16 6,257.84 45 376.67 31.29 5,881.17 46 378.55 29.41 5,502.62 47 380.45 27.51 5,122.17 48 382.35 25.61 4,739.82 49 384.26 23.70 4,355.56 50 386.18 21.78 3,969.38 51 388.11 19.85 3,581.27 52 390.05 17.91 3,191.22 53 392.00 15.96 2,799.22 54 393.96 14.00 2,405.26 55 395.93 12.03 2,009.33 56 397.91 10.05 1,61 1.42 57 399.90 8.06 1,211.52 58 401.90 6.06 809.62 59 403.91 4.05 405.71 60 405.71 2.03 0.00 Approximate Future Payment Schedule 10/7/96-DUBOIS96 Page 2 Loan Amount: $21,101.79 Annual Interest Rate: 6.000% Number of Years: 5 Periods Per Year: 12 Payment Per Period: $407.96 FO = O Co O1 X N Z 0) m 0) CL 10 r O - p X ?CO O 3 7 -a -, o o co 0 coo uNi -a m O CD ? 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I a 274, 0 0 cn E. 0 0* liI y n . . y km :,b y g n b FA y CD D M U t� U,1 H M FA 69 91 69 N 69 69 .-., 69 be 69 b9 69 •-- N .-- s1 tot O r-. 00b e W Nbe b9 N In r- U 00 '� 00 Cs O ^ A W U C\ J ON O O :-.1 .— 00 V. 00 4-10 O U 0 ‘.0 N •C 0 0 CO '1 O .-• .A b O 0 :0 0O .- ^ N a 0 0 c. ..^ ,0 O 00 00000oo #1/18, x . CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Centres Group -Extension of Development Agreement DATE: November 4, 1996 Introduction: The Centres Group requested the opportunity to update the City and EDA on the progress to date on this project. With the impending opening of the Bypass, the land acquired by the City for MNDOT (RALF land)will soon become available for the project. The current agreement with the Centres Group expires in December. On October 9, 1996, the EDA passed a motion directing staff to negotiate a new agreement. Paul Bilotta will continue to work on behalf of the City in connection with this project. Action Requested: Offer and approve a motion authorizing staff to continue negotiating a new development agreement with the Centres Group. Such approval does not constitute an approval of a new agreement; such agreement would be brought before the Council for review and approval. R. Michael Leek Community Development Director CENTRES.DOC/RML 1 ll. a 10* CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Participation in Metropolitan Livable Communities Act DATE: October 28, 1996 Introduction: The City of Shakopee has previously participated in the Livable Communities Act program. In order to be eligible for the Incentives Programs funds communities must notify the Metropolitan Council of their intent to participate by November 15 of each year. Participation makes communities eligible to compete for the $11.0 million available in the 3 funding accounts. Action Requested: Offer and pass a motion adopting Resolution No. 4559, and directing staff to notify the Metropolitan Council of the City's intention to participate. R. Michael Leek Community Development Director RESOLUTION NO. 4559 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT FOR CALENDAR YEAR 1997 WHEREAS,the Metropolitan Livable Communities Act(Minnesota Statutes Section 473.25 to 473.254) 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 Incentive 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 clean-up funding from the Minnesota Department of Trade and Economic Development unless the municipality is participating in the Local Housing Incentives Account Program under the Minnesota Statutes section 473.254; and WHEREAS,the Metropolitan Livable Communities Act requires the Metropolitan Council to negotiate with each municipality 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, each municipality must identify to the Metropolitan Council the actions the municipality plans take to meet the established housing goals through the preparation of the Housing Action Plan; and WHEREAS, the Metropolitan Council adopted, by resolution after a public hearing, negotiated affordable and life cycle housing goals for each participating municipality; and WHEREAS, a metropolitan area municipality which elects to participate in the Local Housing Incentives Account Program must do so by November 15 of each year; and WHEREAS, for calendar year 1997, a metropolitan area municipality that did not participate in the Local Housing Incentive Account Program during the calendar year 1996, 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, 1996; and b)the Metropolitan Council and the municipality have successfully negotiated affordable and life-cycle housing goals for the municipality. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,that it hereby elects to participate in the Local Housing Incentives Program under the Metropolitan Livable communities Act during the calendar year 1997. Passed in regular session of the City Council of the City of Shakopee, Minnesota, held this 5th day of November, 1996. Mayor of the City of Shakopee ATTEST: City Clerk PREPARED BY: City of Shakopee 129 South Holmes Street Shakopee, MN 55379 !1I 13 CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Response to Metropolitan Council Growth Option and Amendments to Regional Development Guides DATE: November 4, 1996 Introduction: In November the Metropolitan Council will be holding public hearings on the proposed amendments to the Regional Blueprint and metropolitan systems policy plans. Because of the future importance and impact Metropolitan Council policies, the attached response has been prepared for Council consideration. In the event that the response is approved, it will be forwarded to the Metropolitan Council as a part of the public hearing record. Alternatives: 1. Approve the response as presented. 2. Approve the response with revisions. 3. Table the matter for specific reasons. Staff Recommendation: Staff recommends either Alternative Number 1 or 2. Action Requested: Offer and pass a motion approving a response to the proposed amendments to the Regional Blueprint and policy plans, and directing staff to submit the response for consideration as a part of the public hearing record. O X -C Community Development Director i GROWTH.DOC/SB November 6, 1996 Mr. Curt Johnson, Chair Metropolitan Council Mears Park Centre/230 E. Fifth St. St. Paul, MN 55101-1634 RE: Proposed Amendments to the Regional Blueprint regarding Growth Management Strategy, and Development Guide/Policy Plan Chapters Dear Mr. Johnson: The City of Shakopee appreciates the opportunity to review and comment on the proposed amendments, and applauds the efforts of the Metropolitan Council to address in a cohesive way the challenges facing the Twin Cities Metropolitan Region. This letter, and the comments contained herein, are submitted for consideration as part of the public hearing record. General: The Growth Options Report estimates that by the year 2020, the metropolitan region will experience a 25% increase in both households and population. The already existing pattern of development outside the boundaries of the 7-county area provide current evidence that the existing definition of the metropolitan region is inadequate for planning purposes. Understandably the Metropolitan Council is statutorily limited to these boundaries, but the proposed amendments seem to concentrate heavily on reinvestment within the urban core and urban area while turning a blind eye to the real operation of market forces facing communities on the fringe of the urban area. Specific Comments: 1. A process must be developed to insure that the"land use plan" both accurately reflects the current state of the MUSA, and the areas within which expansion is likely to and should take place. In the case of Shakopee, that map doesn't even accurately represent the year 2000 MUSA expansion recently approved by the Metropolitan Council. Since the City of Shakopee has been very careful to identify areas for expansion of sewer service which are logical and cost effective, it is very concerned that future expansions of MUSA take place in similar fashion. GROWTH.DOC/SB 2 2. The proposed growth management strategy provides relatively little area for urban expansion in Scott County generally at a time when growth pressures are extremely high, and when a major, long-awaited component(i.e. the new US 169 Shakopee Bypass) is now in place. 3. The City is in agreement with the Builders Association of the Twin Cities(BATC) on the need to develop an"Ulti MUSA." However, it should be defined only after more discussion, and regional consensus is reached. After the U1tiMUSA is identified, the City agrees with the Association Metropolitan Municipalities (AMM)that it, not the systems plans, would be the criteria against which local requests for MUSA expansion would be evaluated. 4. The City of Shakopee strongly opposes any proposal to make"land use" a fifth regional system. Specific land use decisions are statutorily, and should remain, the prerogative of cities. Only at the local level can appropriate decisions be made regarding such things as open space, parks, types and concentrations of public and commercial services. 5. The City of Shakopee encourages the Metropolitan Council to work with the State of Minnesota and the State of Wisconsin to identify creative ways of managing growth in the larger Standard Metropolitan Statistical Area(SMSA), and to take account of the impact of extra-regional development on the potential for development in communities like Shakopee which are on the Metropolitan fringe. 6. The City of Shakopee encourages the Metropolitan Council to expand its view of transportation from the I-494/1-694 beltway to encompass the entire Metropolitan region. Thank you again for the opportunity to comment. Should you have any questions regarding this letter, they may be directed to R. Michael Leek, Community Development Director at 445-3650. Very truly yours, Mayor, City of Shakopee GROWTH.DOC/SB 3 /1. C.V CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney,Public Works Director SUBJECT: 4th Avenue and Apgar Street Signage Study DATE: November 6, 1996 INTRODUCTION: Previously City Council directed staff to review the signage and stop sign warrants for the intersection of 4th Avenue and Apgar Street. This memorandum will review the study done by staff and provide a recommendation as to signage at this intersection. the installation or removal of any traffic control signs must be authorized by City Council as per City Code. BACKGROUND: Currently the intersection of 4th Avenue and Apgar Street has yield signs on 4th Avenue to assign the right-of-way at this intersection to the Apgar Street north and south traffic movements. Per the MMUTCD, which is the Minnesota Manual on Uniform Traffic Control Devices, yield signs may be warranted at the entrance of an intersection where it is necessary to assign the right-of-way and where the safe proposed speed on the entrance exceeds 10 miles per hour (mph). At this intersection the grade of Apgar Street does steepen and the sight distance on 4th Avenue to Apgar Street is somewhat limited. Per the MMUTCD, one of the warrants for a stop sign placement is when a condition exists at an intersection of a less important road with a main road where application of the normal right-of-way rule is unduly hazardous. Another warrant condition is where the intersection has a combination of high speed, restricted view and serious accident record indicating a need for control by a stop sign. Prior to application of these warrants, consideration should be give to less restrictive measures such as a yield sign which is currently in place. Staff has reviewed this intersection, and the traffic counts do not warrant a multi-way stop or 4-way stop installation. There has been a number of accidents at this intersection over the years and due to the restricted view or limited sight distance at one of the legs of the intersection, staff would recommend the yield signs be changed to stop signs for safer traffic movements in this intersection. One other recommendation staff has if Council approves the signange change, is to place "Traffic Control Change Ahead" signs for one week to alert the motoring public. ALTERNATIVES: 1. Direct staff to install stop signs on 4th Avenue replacing the current yield signs at the intersection with Apgar Street. 2. Direct staff to leave the signage as is. 3. Table for additional information from staff. RECOMMENDATION: Staff recommends Alternative No. 1, due to the restricted view and limited sight distance at this intersection to replace the yield signs with stop signs. ACTION REQUESTED: Move to direct staff to install stop signs on 4th Avenue to replace the existing yield signs at the intersection with Apgar Street. Bruce Loney Public Works Director BL/pmp SIGNS C. J !* cj3 ak CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill,City Administrator FROM: Bruce Loney,Public Works Director SUBJECT: McKenna Road Improvement Project DATE: November 6, 1996 INTRODUCTION: The McKenna Road Improvement Project has been authorized by City Council and a contract awarded for the road reconstruction and bituminous paving of McKenna Road, from County State Aid Highway (CSAH) 16 to the South Corporate Limits. This item is in regard to the addition of a street light for McKenna Road and CSAH 16 intersection. BACKGROUND: Plans were designed and approved by the City Council on August 20, 1996 and a contract was awarded to Vi-Con, Inc. on September 17, 1996 and most of the road construction has been completed. The plans did not include a street light for the intersection of McKenna Road and CSAH 16. Previously, no light did exist at this corner when McKenna Road was a gravel surfaced road. In reviewing this situation with the Tribal Administrator, Bill Rudnicki, he has requested in the attached letter for the installation of a street light at this location. A cost from Shakopee Public Utilities Commission(SPUC) for the installation of a street light at this intersection has been estimated at $908.00. Sufficient funds exist in the escrow account with the City to pay for this street light.. Due to the newly paved road and increased use of this road, staff believes it is prudent to install a street light at this location for better visibility and increased safety for the motoring public. A new electrical line was also installed in conjunction with the McKenna Road Project,and a street light can be provided on an existing power pole. Since the street light item was not included in the original contract, and is a separate improvement, staff is requesting Council approval for the installation of a street light at this intersection. The cost of this street light would be paid by the Shakopee Mdewakanton Sioux Community(SMSC), with the future power and minor maintenance to be provided by SPUC,as per previous agreement with the City. ALTERNATIVES: 1. Approve a motion directing staff to install a street light at the intersection of McKenna Road and CSAH 16, with the cost of the street light to be born by the SMSC. 2. Deny the request for the installation of the street light at this intersection. 3. Table this item for additional information. RECOMMENDATION: Staff recommends Alternative No. 1, to install the street light at the intersection of McKenna Road and CSAH 16 to improve safety for the motoring public in this area, and also due to the fact that the SMSC is paying for the installation of the street light. ACTION REQUESTED: Approve a motion directing staff to install a street light at the intersection of McKenna Road and CSAH 16,with the cost of the street light to be born by the Shakopee Mdewakanton Sioux Community. dTA-ffBruce Loney Public Works Director BL/pmp LIGHT i vv. !. 1Yn 4.UJI-01 airiwt, No. 34b9 F. L/L Shakopee Mdewakanton OFFICERS 0 • Stanley R.Crooks Sioux Community ""'� '+ GI�nce Chairman ~� 2330 SIOUX TRAIL NW•PRIOR LAKE.MINNESOTA 55372 Susan Totenhagen TRIBAL OFFICE:612.445.8900 • FAX:612.445-8906 Secretory/treasurer October 29, 1996 City of Shakopee Attn: Bruce Loney 129 S. Holmes St. Shakopee,MN 55379 SUBJECT: STREET LIGHT MCKENNA ROAD PROJECT Dear Bruce: This letter is to confirm my conversation with you that the Shakopee Mdewakanton Sioux Community shall fund the construction of the street light at the intersection of McKenna Road and County Road 16. The Community understands that SPUC or the City shall be responsible for maintaining and operating such light. The Community shall authorize funds to be withdrawn from the McKenna Road project for the project addition or scope change. The Community will fund the project up to a maximum cost of$1000. if you have any questions please feel free to contact me at 496-6145. Sincere! William M. Rudnicki Tribal Administrator WMR/jbm cc: Willie Hardacker Stan Ellison Don Becker ll. C. C., CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Cooperative Agreement Between Scott County and the City of Shakopee for Cost Sharing of Aerial Photography and Stereo Digitizing DATE: November 6, 1996 INTRODUCTION: Attached to this memorandum is a draft agreement for cost sharing of aerial photography and stereo digitizing topographic mapping between Scott County and the City of Shakopee. BACKGROUND: On July 16, 1996, Council approved a motion authorizing staff to negotiate and draft a cooperative agreement between the City of Shakopee and Scott County for cost sharing of aerial photography and topographic stereo digitizing of areas in the City of Shakopee. That agreement has been completed and is attached for Council review. The Engineering Department has budgeted $20,000.00 in the 1996 Budget for aerial photography and topographic stereo digitizing mapping. This mapping is commonly known as 2 foot contour maps, which is utilized extensively in the planning of development by the City's Community Development and Engineering Departments. This topographic information would also benefit developers who would be willing to purchase topographic information to utilize in their grading or site plans for development purposes. The highlights of the draft agreement are as follows: 1. The City share is estimated at $20,000.00 with the County's share being $9,300.00, plus all ground control needed for the mapping, at $7,600.00 for a total County estimated cost share of$16,900.00. 2. This agreement will provide the City with topographic mapping of an area as shown on Attachment No. 1. This area would essentially be all the area south of the bypass to the current Corporate City Limits. 3. Any data sold by the County or the City would have the proceeds being dispersed to the City at 55% and 45% to the County. Disbursements of any proceeds from either agency would be done on a quarterly basis. The County's main purpose for entering into this agreement is for the development of the County's GIS system. The City would benefit from this sharing of information and cost sharing of services by obtaining topographic information in areas that it does not currently have and provide a more current topographic map in all undeveloped areas in the City of Shakopee. Staff feels this cost sharing agreement serves the mutual benefit of both the County and the City and is being done in a cost effective manner. At this time staff is reviewing the appropriate fee to charge for topographic data. Staff is recommending that the City/County charge $12.00 per acre and an additional amount if a electronic file copy is made. The fee charges for purchasing this information will be added to the 1997 Fee Schedule which is coming up for adoption by the Council. Approximately 8000 acres of land will be mapped into 2 foot contour drawings and if 50% of this land is sold to developers, the City would collect $26,400 at $12 per acre and a 55% share split with the County. ALTERNATIVES: 1. Authorize the appropriate officials to execute the Cooperative Agreement, between Scott County and the City of Shakopee, for cost sharing of aerial photography and stereo digitizing. 2. Do not authorize the Cooperative Agreement. 3. Table for additional information. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REOUESTED: Authorize the appropriate officials to execute the Cooperative Agreement, between Scott County and the City of Shakopee, for cost sharing of aerial photography and stereo digitizing. 4y7 Gy Bruce Loney Public Works Director BL/pmp TOPO DRAFT COOPERATIVE AGREEMENT BETWEEN THE COUNTY OF SCOTT AND THE CITY OF SHAKOPEE FOR COST SHARING OF AERIAL PHOTOGRAPHY AND STEREODIGITIZING This Agreement is made and entered into between Scott County, a body politic and corporation under the laws of the State of Minnesota, hereinafter "County" ; and the City of Shakopee, a body politic and corporate under the laws of the State of Minnesota, hereinafter "City" . WHEREAS, the County requires aerial photography and stereodigitizing for development of the County' s Geographic Information System (GIS) ; and WHEREAS, the County is contracting for aerial photography and stereo digitizing for the Shakopee area; and WHEREAS, the parties desire to share the costs of said services and the benefits therefrom. NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein the parties agree as follows: 1. SCOPE OF AGREEMENT 1.1. Purpose. The general purpose of this Agreement is to establish the terms of cost and benefit sharing in obtaining aerial photography and stereodigitizing for a portion of the area located within the corporate limits of the City of Shakopee, legally described as Sections 13 through and including 20, and Sections 29 through and including 31, the north half of Sections 21 and 24, the west half of Section 32, the Northeast Quarter and North Half of the Northwest Quarter of Section 22, the North Half of the Northwest Quarter of Section 23, the South Half of Sections 11 and 12, the West Half of Section 9, the Southwest Quarter of Section 8 and the Southeast Quarter of Section 7, Township 115N, Range 22W. Page 1 1.2. Recitals. The recitals set forth in the whereas clauses above are incorporated by reference as if fully set forth herein. 1.3 . Cooperation. The parties shall cooperate and use their reasonable efforts to ensure the most expeditious implementation of the various provisions of this Agreement. The parties agree to, in good faith, undertake resolution of any disputes in an equitable and timely manner. 1.4. Term. This Agreement shall be in effect from the date of execution by all parties, or from the commencement of services hereunder, whichever is first, and shall continue in effect until terminated in accordance with the provisions herein. 2 . DEFINITIONS. Unless the language or context clearly indicates that a different meaning is intended, the following words, terms and phrases, when capitalized, shall have the following meaning: Data Base: A geographical Data Base in digital form which incorporates planimetric and contour features of the County and which was designed and developed to be used with ARC/INFO, ARCVIEW AND AUTOCAD software. Horizontal Ground Control: A point on the ground that is identified on the photograph and is used to fix the position of the photograph in latitude and longitude (X and Y) . Vertical Ground Control : A point on the ground that is identified on the photograph and is used to fix the elevation of the photograph in altitude (Z) . 3 . PURCHASE OF SERVICES 3 . 1. County Agreement. The stereodigitizing and aerial photography to be obtained shall be governed by the terms of a separate contract between the County and Horizons, Inc. in which the City shall be named as third party beneficiaries. 3 .2 . Non-exclusive. Nothing in this Agreement or in the contract between the County and contractor referenced above shall be interpreted to prohibit any of the parties from purchasing services, products or data directly from the contractor at their own expense. Page 2 4. COST SHARING 4.1. Costs. The parties share of the costs for the services and products produced as a result of the contract referenced in paragraph 3 .1 shall be as follows: County $9,300 + assumption of all costs of horizontal and vertical ground control City $20, 000 4.2. Fiscal Agent. The County shall be the fiscal agent for purposes of this Agreement. The contractor providing stereodigitizing pursuant to the terms of the agreement referenced in paragraph 3 shall submit invoices to the County who shall make payment to the contractor. The City shall deposit with the Scott County Treasurer eighty percent (809s) of the City's share of the stereodigitizing costs as partial payment within thirty (30) days after award of contract and execution of this Agreement, whichever is later. The remaining amount of the City' s share of stereodigitizing costs of this project shall be paid to the County upon completion of the project and submittal to the City of the County' s final statement of the stereo digitizing costs. In the event the partial payment exceeds the City' s share of these final costs, such overpayment shall be returned to the City by the County. 5. ADDITIONAL OBLIGATIONS OF THE PARTIES 5 .1. Contract Manager. The County shall be the contract manager for the purposes of the Agreement. All contacts and correspondence with the contractor shall be submitted and received through the County. Information received by the County from the contractor shall be disbursed promptly to each party. 5 .2 . Ground Control. In preparation for contractor' s services, the County shall be responsible for targeting and horizontal and vertical ground control. 5 .3 . Ownership. Ownership of the database shall be jointly held by the parties . Scott County shall exercise all rights of ownership, title and control to the database under federal copyright law or other law relating to confidential and/or trade secret information. The parties agree that the development of the database required the skilled efforts of professionals in its Page 3 design and compilation and that the end product is the result of the original work of the County, its employees and agents. Parties to this Agreement may copy and use data so long as such use is consistent with the terms of this Agreement and for internal purposes only. 5.4. Modification/Additions. Any additions or modifications of the database completed by a party shall be made available to the other party. Additions or modifications to the database shall be compatible to the pre-existing database, including but not limited to, the program, documentation, map project reference numbers and symbol dictionary. To insure standardization and compatibility with the pre-existing database, any additions or modifications into the database shall be approved by the County Surveyor before incorporation. 5.5. Distribution of Data. Data or products obtained under the terms of this Agreement may be sold to persons or entities not party to this Agreement at prices to be set by mutual agreement of the parties. Proceeds from any sales shall be disbursed as follows: 55% City - 45% County, on a quarterly basis. 5.6 . License Agreements. Distribution of data obtained through this Agreement shall comply with Scott County licensing agreements for said data. Parties to this Agreement may copy and use data so long as such use is for internal purposes only. 5 .7. Disclaimer. Distribution of maps created from data obtained through this Agreement shall contain a disclaimer as follows : This drawing is neither a legally recorded map nor a survey and is not intended to be used as one. This drawing is a compilation of records, information and data from various city, county and state offices and other sources. This document should be used for reference only. No representation is made that features presented accurately reflect true location. Scott County, or any other entity from whom data was obtained, assumes no liability for any errors or omissions herein. If discrepancies are found, please contact the Scott County Surveyor's Office. 6. INDEMNIFICATION 6. 1. Liability. Each party to this Agreement shall be liable for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party, its officers, employees or agents. Liability of the County or other Page 4 Minnesota political subdivisions shall be governed by the provisions of the Municipal Tort Claims Act, Minn. Stat. Ch. 466 and other applicable laws. 7. SUCCESSORS Each party binds itself and its successors, legal representatives, and assigns to the other party to this Agreement and to the partners, successors, legal representatives, and assigns of such other party, in respect to all covenants of this Agreement. 8. DEFAULT Force Majeure. No party shall be held responsible for delay. or failure to perform when such delay or failure is due to any of the following unless the act or occurrence could have been foreseen and reasonable action could have been taken to prevent the delay or failure: fire, flood, epidemic, strikes, wars, acts of God, unusually severe weather, acts of public authorities, or delays or defaults caused by public carriers; provided the defaulting party gives notice as soon as possible to the other party of the inability to perform. 9. TERMINATION 9.1. With or Without Cause. This Agreement may be terminated with or without cause upon thirty (30) days written notice. 9.2 . Written Notice of Termination. Notice of Termination shall be made by certified mail or personal delivery to the Authorized Agent of the party. Notice is deemed effective upon delivery of the Notice of Termination to the party' s Authorized Representative. Notice shall include a certified copy of the resolution of the governing board indicating its intent to terminate the Agreement. 9.3 . Effect of Termination. Termination of this Agreement shall not discharge any liability, responsibility or right of any party which arises from the performance of or failure to adequately perform the terms of this Agreement prior to the effective date of termination. Nor shall termination discharge any obligation which by its nature would survive after the date of termination, including by way of illustration only and not limitation, Standard Assurances attached hereto. Page 5 A terminating party shall pay its share of the costs incurred for the project through the date of termination. If payment is not made in accordance with the terms of this Agreement, a party shall return all data and information in their possession for which payment has not been made and shall destroy all copies thereof. 10. CONTRACT RIGHTS/REMEDIES 10 .1. Rights Cumulative. All remedies available to a party under the terms of this Agreement or by law are cumulative and may be exercised concurrently or separately, and the exercise of any one remedy shall not be deemed an election of such remedy to the exclusion of other remedies. 10.2 . Waiver. The waiver of any default by a party, or the failure to give notice of any default, shall not constitute a waiver of any subsequent default or be deemed to be a failure to give such notice with respect to any subsequent default. 11. REPRESENTATIVE 11.1. Authorized Representative. The following named persons are designated the Authorized Representatives of parties for purposes of this Agreement. These persons have authority to bind the party they represent and to consent to modifications and subcontracts, except that, as to the County, the Authorized Representative shall have only the authority specifically or generally granted by the County Board. Notification required to be provided pursuant to this Agreement shall be provided to the following named persons and addresses unless otherwise stated in this Agreement, or in a modification of this Agreement. City: County: Bruce Loney William J. Schmokel Shakopee City Engineer Scott County Surveyor 129 Holmes Street South 600 Country Trail East Shakopee MN 55379 Jordan MN 55352 Phone: 612-445-3650 Phone: 612-496-8355 Page 6 11.2. Liaison. To assist the parties in the day-to-day performance of this Agreement and to develop service, ensure compliance and provide ongoing consultation, a liaison shall be designated by the City and the County. The parties shall keep each other continually informed, in writing, of any change in the designated liaison. At the time of execution of this Agreement the following persons are designated liaisons: City Liaison: John Delacey Phone Number: 612-445-3650 County Liaison: Jim Hentges Phone Number: 612-496-8362 12. MODIFICATIONS Any alterations, variations, modifications, or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing, signed by authorized representatives. 13 . SEVERABILITY The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Agreement unless the part or parts which are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Agreement with respect to any party. 14. DATA PRACTICES County and City and their agents and employees agree to abide by the provisions of the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as amended, and Minnesota Rules promulgated pursuant to Chapter 13 . 15. RECORDS - AVAILABILITY AND RETENTION Complete and accurate records of the work performed pursuant to this agreement shall be kept by the parties for a minimum of six years following termination of this agreement. The retention period shall be automatically extended during the course of any administrative or judicial action involving the parties regarding matters to which the records are relevant. The retention period shall be automatically extended until the administrative or judicial action is finally completed. Pursuant to Minn. Stat. Page 7 Section 16B.06, Subd. 4, the books, records, documents, and accounting procedures and practices of the parties relative to this contract shall be subject to examination by the parties and the State Auditor. • 16. ENTIRE AGREEMENT This Agreement is the final expression of the agreement of the parties and the complete and exclusive statement of the terms agreed upon, and shall supercede all prior negotiations, understandings or agreements. There are no representations, warranties, or stipulations, either oral or written, not herein contained. Page 8 IN WITNESS WHEREOF, THE PARTIES HAVE CAUSED THIS AGREEMENT TO BE EXECUTED: SCOTT COUNTY CITY OF SHAKOPEE By By Ralph T. Malz Chair, Scott County Board of Commissioners City Clerk ATTEST By Gary L. Cunningham Scott County Administrator Mayor ATTEST City Administrator DATE , 1996 DATE , 1996 APPROVED AS TO FORM: APPROVED AS TO FORM: ' Thomas J. Harbinson Scott County Attorney City Attorney Page 9 • _ a, e pir ia-7•, k ,41 .... i •84 1 -morm.... g jV .ii C /II ; z l rLIM '. WONNEVAM 11E 1 i Li. a aP ' / I _ Y . -4,,-,, \ . .,,,, -Nov In i . 1 t , . ... , . ..._,,,,, , 1„„Soh,, ,,is e 1 '' it 11&. ,t4-- .1.:t'llaiNININ41 • ith ---., ',\ _:. timib.. ..41.,SNIS4111111111111SAIII kill iti .‘,- al . : ..e !lir!! as).:!,--',. 411 to, ... tzh. II:44Ualt " 1.-- ... 1 1111114ritsNIN Mr- ,:l ei il f • ill 1661, ,:.'..rt, ui. e 7 I: I \• lG� 0 •� _y f , ..! 4: es �: • 1 1 , . -N,-, 1. , . . „......, . . 1 .‘ , 1 ,.. ,. 1,,,!• . , ,.. •, i .,,,, sozoLks-1 4 P 1!"I ... _ s 9 !4 L • .-, s II , - Ill 16.,Solki61\1011.0 V iiko - ' 4* ...,kJ I , ; ' L IA riri• A N DEERE Ole'• A V>tecos ., AC P11111111100...._ 1111111.1111 - V rJ--.4• M 1 I I 0 Ss _ �. - I 1. 01 I ( ea 60 'd ib:6t 111 96-1 1/. c. � . CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Joel Rutherford, Assistant City Engineer SUBJECT: Consider Resolution 4560, Approving Wetland Banking Plan for Valley Park 13th Addition DATE: November 6, 1996 INTRODUCTION: On October 1, 1996, the City Council adopted Resolution 4528, approving a Wetland Replacement Plan from Valley Green Business Park Limited Partnership for Valley Park 13th Addition. As part of that plan, an excess of created wetland is anticipated, over and above the amount required by the Wetland Conservation Act (WCA). The applicant has requested that this excess be "banked", as allowed by the WCA (see attached letter). By banking the excess wetland areas, the WCA allows these "banked" areas to be used by the applicant for future mitigation. Attached is Resolution No. 4560, approving the applicant's banking plan. BACKGROUND: Valley Green Business Park Limited Partnership has submitted a replacement plan for impacts required to develop Valley Park 13th Addition. This replacement plan has been approved by the City Council with the adoption of Resolution 4528. The WCA requires a 2 to 1 replacement for lost wetland areas. The replacement plan submitted by the applicant indicates that about 1.5 acres of wetland will be created above the 2 to 1 replacement required. The applicant is requesting that the excess above the 2 to 1 replacement be banked as allowed by the WCA. The amount available for banking will not be known until at least 12 months after the wetlands are constructed. At that time the Technical Evaluation Panel (staff members from the City of Shakopee, Scott Soil and Water Conservation District Office, and Board of Water and Soil Resources) will review the created wetlands and determine the amount eligible for banking. ALTERNATIVES: 1. Adopt Resolution No. 4560, approving the Wetland Banking Plan for Valley Green Business Park Limited Partnership. 2. Deny Resolution No. 4560. 3. Table for additional information. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 4560, A Resolution Approving the Wetland Banking Plan for Valley Green Business Park Limited Partnership and move its adoption. dr! Joel Rut erford Assistant City Engineer •Vallcy M,October 30, 1996 BUSINESS PARK 0 pesr 31l9 ASF Mr.Joel Rutherford `sal FAC01I •fL d Assistant City Engineer // S. CITY OF SHAKOPEE U 129 South Holmes Street Shakopee,MN 55379Kr)) /0-3046 Re: Wetlands Replacement Plan P --� Valley Park 13th Addition Wetlands Banking Credits Dear Joel: As you know,Valley Green Business Park is proceeding with work related to the construction of the Valley Park 13th Addition. Construction of the project will include the filling of 2.48 acres of wetland,requiring the construction of 4.96 acres of replacement wetland. The Replacement Plan Application submitted to the City of Shakopee(STS Consultants,Ltd.,August 26, 1996,STS Project#95394-J)provided design specifications and mitigation site monitoring/maintenance plans for the Valley Park 13th project. The City of Shakopee has accepted the Replacement Plan as submitted. The Replacement Plan design includes the establishment of 6.5 acres of new(replacement)wetlands,which provides a 1.54 acre surplus above the acres of wetland required by the Wetland Conservation Act(WCA). In our Replacement Plan Application,it was stated that Valley Green would consider application of the excess wetland created for banking credit,pending the results of mitigation site monitoring.This letter is intended to outline the intentions of Valley Green in this regard. I have retained STS to conduct the 5 year replacement wetland monitoring required in the Replacement Plan. If the results of wetland monitoring indicate that the construction has been successful in creating a surplus of replacement wetland,Valley Green intends to apply these surplus wetland acres to wetland mitigation credit(banking)for use with future replacement plan applications prepared for projects at Valley Green Business Park,if required. We believe that the creation of these additional wetland acres will provide an aesthetic amenity to the project as a whole,and feel that Valley Green should receive credit for those surplus acres actually created. Of course,we will cooperate with the City of Shakopee and the Bureau of Water and Soil Resources to apply for wetland banking credit following WCA requirements. Thank you for your consideration in this matter. Respectfully, V A ■C GREEN BUSINESS PARK 6)(\, on R.Albinson Project Director JRA:jmc cc: Brian Brennan-Allianz of America (vp13\wetlands\x-0031 5240 Valley Industrial Boulevard South•Shakopee, Minnesota 55379•Telephone: (612)445-9286• Facsimile: (612)445-9372 RESOLUTION NO. 4560 A Resolution Approving The Wetland Banking Plan For Valley Green Business Park Limited Partnership WHEREAS, the Council adopted Resolution 4528, approving a wetland replacement plan for Valley Green Business Park Limited Partnership, and WHEREAS, the replacement plan indicates an excess of wetland will be created, above the area required for replacement, per the Wetland Conservation Act, as amended; and WHEREAS, the applicant has requested that the wetland area over and above the areas required by the Wetland Conservation Act be considered for banking. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. The wetland replacement plan proposed by the applicant is likely to create an excess of wetland area equal to about 1.5 acres. 2. The excess wetland areas, as verified by the Technical Evaluation Panel per the Wetland Conservation Act, as amended, will be accepted for credits into the wetland bank. Adopted in session of the City Council of the City of Shakopee, Minnesota held this day of , 1996. Mayor of the City of Shakopee ATTEST: City Clerk //. C. & . CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney,Public Works Director SUBJECT: Dean's Lake Outlet Improvement Feasibility Report DATE: November 6, 1996 INTRODUCTION: Attached to this memorandum is Resolution No. 4546, a resolution ordering the preparation of a feasibility report for the improvement of a Dean's Lake Outlet by installation of a control structure and channel improvements in the City of Shakopee. Also included is an extension agreement with WSB & Assoc., Inc. for the preparation of the Dean's Lake Outlet feasibility report, as detailed on the attached Scope of Services letter from WSB &Assoc. BACKGROUND: Included in the 1996 Budget and in the 1996-2000 Capital Improvement Program (CIP), for storm drainage improvements, is the Dean's Lake Outlet Improvement Project. This project was included in the 1996-2000 CIP, based upon the recommendation in the Stormwater Management Plan to construct necessary control structures and an outlet channel from Dean's Lake to the north. Another reason staff included this project for consideration by Council is the affect of the Dean's Lake outlet and channel to the adjacent property that has been recently included in the City's MUSA area. Attached to this memorandum is an extension agreement from WSB & Assoc., the City's hydraulic engineer, for a detailed feasibility report and preliminary design for an outlet control structure and channel improvements in the area of Dean's Lake to the Shakopee Bypass. This work, as detailed on the attached Scope of Services, is not-to-exceed $20,500.00 and soil borings needed for this study would be an additional cost and is estimated to be $2,000.00. The tasks included within this report are as follows: Task No. 1 - Inventory background information Task No.2 - Complete field inspection and site surveying in the vicinity of the outlet. Task No. 3 - Analyze background information/set hydraulic model and develop preliminary design for outlet structure. Task No. 4 - Meet with City staff and affected agencies to review findings of Task No. 3. Task No.5- Prepare deliverables,which includes the final feasibility report recommendations and preliminary design of the outlet control structure. This report will address the concerns of the previous years from the Prior Lake - Spring Lake Watershed District and the Lower Minnesota River Watershed District on the Dean's Lake Outlet. Staff believes due to the impending development in the area and the environmental sensitivity of Dean's Lake, approval of this feasibility report is warranted at this time. ALTERNATIVES: 1. Adopt Resolution No. 4546. 2. Deny Resolution No. 4546. 3. Table for additional information. 4. Authorize the appropriate City officials to execute an extension agreement with WSB & Assoc., for engineering services on the Dean's Lake Outlet feasibility report, at a cost not-to-exceed$20,500.00. RECOMMENDATION: Staff recommends Alternative No's 1 and 4,to authorize the feasibility report preparation for the Dean's Lake Outlet Improvement Project, as information from this report is needed for impending development in this area. Staff does not have the necessary expertise for the hydraulic report and design in order to complete the tasks necessary. Cost of the report will be paid out of the Storm Drainage Fund. ACTION REQUESTED: 1. Offer Resolution No. 4546, A Resolution Ordering the Preparation of a Report on Dean's Lake Outlet Improvement in the City of Shakopee and move its adoption. 2. Authorize the appropriate City officials to execute an extension agreement with WSB & Assoc., for engineering services on the Dean's Lake Outlet feasibility report at a cost not-to-exceed$20,500.00. Bruce Loney Public Works Director BL/pmp MEM4546 RESOLUTION NO. 4546 A Resolution Ordering The Preparation Of A Report On Dean's Lake Outlet Improvement In The City Of Shakopee WHEREAS, it is proposed to improve Dean's Lake Outlet by the installation of a control structure and channel improvements and to utilize Storm Drainage Utility Funds. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the proposed improvement be referred to Bruce Loney, Public Works Director, for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement,and the estimated cost of the improvement as recommended. Adopted in session of the City Council of the City of Shakopee, Minnesota,held this day of , 1996. Mayor of the City of Shakopee ATTEST: City Clerk A 350 Westwood Lake Office Bret A.Weiss,P.E. B.A.Mittelsteadt,P.E. WSJ!? Minneapolis, MN 55426 8441 Wayzata BoulevardPeter R.Willenbring,P.E. Donald W.Sterna,P.E. Ronald B.Bray,P.E. AIIIIMIIMIL 612-541-4800 &Associates,Inc. FAX 541-1700 October 24, 1996 Mr. Bruce Loney, P.E. Public Works Director/City Engineer City of Shakopee 129 Holmes Street South Shakopee, MN 55379-1376 Re: Estimate of Cost to Provide Engineering Services Prior Lake Discharge/Dean's Lake Outlet Investigation WSB Proposal No. 061.96 Dear Mr. Loney: According to our Agreement for Professional Services within the City of Shakopee and Section I-C-2 (Major Projects), this extension agreement is written to provide you with an estimate of cost for engineering services for the above-referenced project. We are proposing to complete the work,as detailed on the attached scope of services, on a cost-reimbursable basis, not to exceed$20,500. We are available to begin developing the plan as soon as authorized by the City and we anticipate to be completed with our work within ten to twelve weeks from the date of notice to proceed. The City of Shakopee agrees to reimburse WSB & Associates for these services in accordance with Section IV of the Agreement for Professional Services. If this agreement meets with your approval,please sign below and return one copy to our office. Sincerely, B &Associates,Inc. Peter W. Willenbring, P.E. City Administrator Vice President City Clerk Mayor Date c: Bret Weiss, WSB Infrastructure Engineers Planners F:IWPW/MPROPOSALI061.961102496.BL2 EQUAL OPPORTUNITY EMPLOYER - 350 Westwood Lake Office B.A.Mittelsteadt,P.E.Bret A.Weiss,P.E. WSB H441 Wayzata Boulevard 554 rd Peter R.Willenbring,P.E. Minneapolis, MN 55426 Donald W.Sterna,P.E. Ronald B.Bray,P.E. 612-541-4800 &Associates,Inc. FAX 541-1700 October 24, 1996 Mr. Bruce Loney, P.E. Public Works Director/City Engineer City of Shakopee 129 Holmes Street South Shakopee,MN 55379-1376 Re: Dean's Lake Outlet Feasibility Study WSB Proposal No. 061.96 Dear Bruce: As a follow-up to our telephone conversation on Wednesday, June 5th, 1996, and our meetings on Thursday, June 6, 1996, and Wednesday, September 18, 1996, please find outlined below a work plan for the preparation of the Dean's Lake Outlet Feasibility Study: T! , - • 111 II : ! . , ! ormation As part of this activity, background information related to the Joint Powers Agreement between the Prior Lake-Spring Lake Watershed District and the City of Shakopee, design information for the outlet and the downstream channel, and other related hydrologic information will be obtained. Meetings will be held with representatives of the Prior Lake- Spring Lake Watershed District, its consultant, City Staff, staff from the Lower Minnesota River Watershed District and Minnesota Department of Natural Resources, as well as others who have background information relative to the design. Information will also be solicited relative to the need for a Dean's Lake diversion project. Task 2- Complete Field Inspection td Site Suurvev_inJicinity of the Outlet A field inspection and survey of the channel will be completed in the immediate vicinity of the outlet structure to allow a hydrologic and hydraulic analysis of the system to be completed. This analysis will provide a preliminary outlet structure design. Soil borings in this area will also be obtained at the time of the survey. The cost associated with the soil borings and associated report has been estimated at$2,000. (The actual cost will be invoiced separately). Infrastructure Engineers Planners F:IWPW/MPROPOSAL106/.961102494 BL EQUAL OPPORTUNITY EMPLOYER Mr. Bruce Loney, P.E. Public Works Director/City Engineer City of Shakopee, MN October 24, 1996 Page 2 Task 3-Analyze Background Information/Set Up Hydrologic Model,Develop Preliminary Design for Outlet Structure The background information and arbitration proceedings will be reviewed and analyzed, and the City's legal position and responsibilities relative to the channel design and maintenance will be defined. As part of this task, a meeting will be held with City staff to review the findings and allow the City to finalize its position relative to many of the matters described above. An outlet design will be developed which will convey the anticipated future base, normal, and peak discharge rates from Dean's Lake. As part of this design, a cost estimate for the construction of the outlet structure, as well as a recommended approach for funding the improvements, will be provided, along with a hydrologic model based on anticipated future upstream watershed conditions. Design recommendations and outlet geometrics will be developed based on this information. Task 4- 1i ' • 4 . 1 .4 r , , , ' ' 1 '. i ! 'ii �: ofTask3 Results of the activities completed as part of Task 3 will be reviewed with the City Staff and other affected agencies. Information received from the City Staff, the Prior Lake-Spring Lake Watershed District, and the City of Prior Lake will be analyzed and if appropriate, incorporated into the feasibility report. Eight (8) hours of time has been allocated to allow for some adjustments to the report following our meetings. It is anticipated that upon completion of this task, the design and associated construction recommendations will be well-defined and articulated within the report. Task S-Prepare Deliverables Upon completion of the work plan outlined herein,the following will be available to the City of Shakopee: 1. Ten (10) copies of the feasibility report for the Dean's Lake Outlet. F:1 WPW/MPROPOSAL 106/.961102496/3L Mr. Bruce Loney, P.E. Public Works Director/City Engineer City of Shakopee, MN October 24, 1996 Page 3 2. A memorandum outlining the City's position relative to cost share fundings for improvements along this channel, as well as responsibilities for future maintenance. 3. A memorandum outlining the City's position relative to the need for diverting water around Dean's Lake. 4. A memorandum establishing the future 100-year high water elevation for Dean's Lake, along with discussion on the recommended design for the Dean's Lake Outlet structure. 5. An estimate of cost for the outlet structure improvement. The total cost associated with completing the tasks outlined herein is estimated at $20,500 plus the cost for soil borings. If you have any questions,please do not hesitate to contact me at 541-4800. Sincerely, WSB &Associates, Inc. Peter R. Willenbring, P.E. Vice President c: Bret Weiss, WSB F:1 WPWIMPROPOSAL 1061.961/02496/31. Dean's Lake Outlet Feasibility Study Project Cost and Schedule Time to Estimated Task Description Complete Cost 1 Inventory Background Information $1,700 2 Complete Field Inspection and Breakout Est. $6,400 Cost Site Survey in the Vicinity of Outlet(Includes soil boring work) 3 Analyze Background Information/Prepare $8,660 Findings Associated with Feasibility Report 4 Meet With Prior Lake-Spring Lake Watershed $1,200 District, City Staff and Other Affected Agencies to Review Report 5 Prepare Deliverables $2,540 Total Estimated Cost2 $ 0,500 F:I WPW/MPROPOSAL 1061.961102496.BL CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney,Public Works Director SUBJECT: Authorization of Public Works Personnel DATE: November 6, 1996 INTRODUCTION: Attached is Resolution No. 4553, a resolution amending Resolution No. 4368, amending the 1996 Pay Schedule for the Public Works Supervisor position of the City of Shakopee. BACKGROUND: At the October 15, 1996 Council meeting, the Council did authorize the appropriate City staff to utilize Scott County personnel to advertise for a Public Works Supervisor for the Public Works Department to replace Harry Pass who will be retiring at the end of this year. At the time of this agenda item, it was not known whether this position should be exempt or non-exempt status, thus Resolution No. 4553 was not acted upon at the October 15, 1996 meeting. Staff has reviewed the job description and compared this description with other positions in nearby Cities. Other Cities have this job position as a non-exempt status, thus staff is recommending the Public Works Supervisor position have a salary range of $35,130 - $43,913, and a non-exempt status which allows the employee overtime pay. Staff believes this is the appropriate status for this position at this time, since the supervisor will be a working supervisor and be operating equipment as necessary in managing the Public Works crew. ALTERNATIVES: 1. Adopt Resolution No. 4553, a resolution amending Resolution No. 4368, amending the 1996 Pay Schedule for the Public Works Supervisor position of the City of Shakopee. 2. Deny Resolution No. 4553. 3. Table for additional information. RECOMMENDATION: Staff recommends Alternative No. 1, which by adopting attached Resolution No. 4553 will amend the 1996 Pay Schedule for the Public Works Supervisor position. ACTION REQUESTED: Offer Resolution No. 4553, A Resolution Amending Resolution No. 4368, Amending the 1996 Pay Schedule for the Public Works Supervisor Position of the City of Shakopee and move its adoption. A- Bruce Loney Public Works Director BL/pmp MEM4553 RESOLUTION NO. 4553 A Resolution Amending Resolution No. 4368, Amending The 1996 Pay Schedule For The Public Works Supervisor Position Of The City of Shakopee WHEREAS, on December 5, 1995, the Shakopee City Council adopted Resolution No. 4352 approving the 1996 Pay Schedule for the Officers and Non-Union Employees of the City of Shakopee; and WHEREAS,the addition of responsibilities in the job description for the position of Public Works Foreman makes it desirous to amend the 1996 Pay Schedule for 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 Public Works Foreman position classification is hereby amended by changing the position to Public Works Supervisor and to reflect a point value of 86 for the Pay Schedule for the Officers and Non-Union Employees of the City of Shakopee at the follow pay steps: Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8 $35,130 $37,326 $38,424 $39,522 $40,620 $41,717 $42,815 $43,913 (NON-EXEMPT) Adopted in session of the City Council of the City of Shakopee, Minnesota held this day of , 1996. Mayor of the City of Shakopee ATTEST: City Clerk 11. c, ' CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney,Public Works Director SUBJECT: Sanitary Sewer Encroachment Agreement with Metropolitan Council DATE: November 6, 1996 INTRODUCTION: Attached to this memo is an encroachment agreement, between the City of Shakopee and the Metropolitan Council, to allow grading work to be done inside Mn/DOT right-of- way by the K-Mart linear pond and by the Chaska Interceptor. This agreement needs to be executed in order for the Kmart Linear pond to be deepened and provide the regional storm water treatment in the area. BACKGROUND: On October 15, 1996, City Council approved a Memo of Understanding with MnDOT for the regrading of the K-Mart linear pond from Valley Park Drive to the east within MnDOT's right of way. Approval is also needed from the Metropolitan Council due to the Chaska Interceptor in this location. This regrading work of the pond will be done in conjunction with the Valley Park 13th Addition improvements, as the developer needs the excavation material and the City needs additional treatment storage for this region. The K-Mart linear pond has been constructed from County Road (C.R.) 83 to the Prior Lake - Spring Lake Watershed District overflow channel to serve as a regional water basin for both Mn/DOT and the City of Shakopee. This linear pond was constructed with the Shakopee Bypass construction project. The agreement attached is with the City of Shakopee and the Metropolitan Council which allows the encroachment of the construction work subject to conditions. These conditions generally are for the protection of the facility and making the City responsible for the protection of the facility. Staff has been working with the developer of Valley Park 13th Addition to provide the City with indemnification relative to the work being done by their contractor in this area. Attached is a letter from Jon Albinson agreeing to indemnify the City and to provide insurance from their contractor for any possible damage to the interceptor. The City Attorney has reviewed the agreement and and feels the agreement is acceptable with the City being covered by the letter from Valley Green Business Park and insurance from the Contractor. ALTERNATIVES: 1. Authorize the appropriate City officials to execute the Encroachment Agreement over the Chaska Interceptor with the Metropolitan Council. 2. Do not execute the agreement. 3. Table for additional information. RECOMMENDATION: Staff recommends Alternative No. 1, as the City can meet its overall regional pond treatment needs, by reconstructing the K-Mart linear pond. The City will be protected by Valley Green Business Park and its contractor. ACTION REQUESTED: 1. Move to authorize the appropriate City officials to execute the Encroachment Agreement over the Chaska Interceptor with the Metropolitan Council. • r . Bruce Loney Public Works Director BL/pmp ENCROACH OValicy Crecn BUSINESS PARK Q - rOp 'iso October 30, 1996 A .,.0„_ . /, Mr. Bruce Loney (VIA FACSIMILE and Public Works Director U.S.MAIL) CITY OF SHAKOPEE 129 South Holmes Street Shakopee,MN 55379 Re: Valley Green Business Park Grading Contract Valley Park 13th Addition Deer Bruce: You and I discussed your concerns about the City entering into an agreement with the Metropolitan Council(Metropolitan Wastewater Services Division)relative to indemnification that they find necessary to accommodate Valley Green's efforts in grading VP 13th. We have requested our contractor,Richard Knutson,Inc.,to have an Additional Insured Endorsement issued to the City to provide for the additional protection you requested. Please consider this letter Valley Green Business Park's indemnification,which flows through our contractor, Knutson,wherein we are agreeing to protect the City relative to their agreement with the Metropolitan Council for any possible damage to the interceptor in question. I hope this satisfies your needs. If it does not,please let us know what else you would like from us. Respectfully, V Y GREEN BUSINESS PARK (PAY n R Albinson Project Director JRA:jmc cc: Bret Weiss-WSB(Via Fax) (vp13\x-018) 5240 Valley Industrial Boulevard South•Shakopee, Minnesota 55379•Telephone: (612) 445-9286• Facsimile.(612)445-9372 NOV 01 '96 12:16 MET C-GEN COUNSEL P.2 CONSENT OF SANITARY SEWER OWNER TO ALLOW ENCROACHMENT OVER SANITARY SEWER KNOW ALL MEN BY THESE PRESENTS that the Metropolitan Council, a public corporation and political subdivision of the state, being the owner of a sanitary sower interceptor located in the South 1/2 of Section 10, Township 115, Range 22, Scott County, Minnesota; in consideration of the sum of One Dollar and other good and valuable consideration to it in hand paid, the receipt and sufficiency of which is hereby acknowledged, hereby consents to the encroachment over that certain sanitary sewer interceptor, to wit: The encroachment permitted by this Consent is described as follows: Pond Construction, WSB Project No. 1028.20. This Consent does not allow for any encroachment or purpose other than the encroachment or purpose described herein. The Metropolitan Council and City of Shakopee hereby agree that said encroachment shall be subject to the following conditions: 1. The City of Shakopee will indemnify, save and hold the Metropolitan Council harmless from and against any loss, cost, or expense incurred by the Metropolitan Council, including any losses resulting from claims or damages to property or injuries to or deaths of persons, judgments, court costs and reasonable attorneys fees, which arise out of or are claimed to have arisen out of the encroachment over the sanitary sewer interceptor by the City of Shakopee. 2. The City of Shakopee will notify the Metropolitan Council at least 72 hours in advance of the actual physical start of construction. 3. The City of Shakopee hereby agrees that it will ensure its contractor's and subcontractor's compliance with all applicable safety standards pertaining to working in the atmosphere of sanitary sewers. Attention is specifically directed to the• confined rules adopted by the Minnesota Department of Labor and Industry Regulations, Parts 5205.1000 through 5205.1040 and 5207.0300. 4. The City of Shakopee hereby agrees that construction of the project is in accordance with the construction plans as reviewed and approved by the Metropolitan Council. -1- NOV 01 '96 12:17 MET C-GEN COUNSEL P.3 5. The City of Shakopee agrees that the Metropolitan Council's employees, agents, and successors in interest shall have access to its facilities at all times. Access structures will remain uncovered and accessible at all times. 6. The City of Shakopee will pay for repair or replacement of any damage to or destruction of Metropolitan Council's facilities, which damage or destruction arises from or is attributable to the encroachment described in this Consent. IN WITNESS WHEREOF, the undersigned parties have caused this agreement to be duly executed this day of , 19 . CITY OF SHAKOPEE A Minnesota Municipal Corporation By Its By Its By Its STATE OF ss. COUNTY OF On the _____ day of , 19 , before me a notary publiCihin and for said County, personally appeared respectively named in the forigo7-1—. —gnstrumenr-----, andthatsaid instrument was signed on behalf of said City of Shakopee, A Minnesota Municipal Corporation, by authority of its City Council and said City Council acknowledged said instrument to be the free act and deed of said City of Shakopee. Notary Public -2- NOV 01 '96 12:18 MET C-GEN COUNSEL P.4 METROPOLITAN COUNCIL, A Public Corporation and Political Subdivision of the State By James J. Solem, Regional Administrator STATE OF ) ss. COUNTY OF On the day of 19 , before me a notary public-ZEE-in and for said County, personally appeared James J. Solem, Regional Administrator, named in the foregoing instrument, and that said Metropolitan Council, a public corporation and political subdivision of the state, by authority of its Board, and said Board acknowledged said instrument to be the free act and deed of said Metropolitan Council. Notary Public Drafted Bv: Approved as to Leaal Form: Carol L. Johnson, SR/WA 1 ,) Metropolitan Council 230 East Fifth Street --nne K. Matross Mears Park Centre ,License No. 68615 St. Paul, Minnesota 55101 (612) 229-2147 -3- liCk CITY OF SHAKOPEE Memorandum TO: Mayor&City Council Mark McNeill,City Administrator FROM: Bruce Loney,Public Works Director SUBJECT: Hiring of Maintenance Worker DATE: November 6, 1996 INTRODUCTION: Interviews have been held with candidates for the Maintenance Worker position which was authorized by Council at the August 20, 1996 meeting. At this time, I am recommending that the City Council authorize the hiring of Duane Toenyan to fill this position. BACKGROUND: Mr Toenyan is currently the maintenance manager of the Sunny Acres Mobile Home Park responsible for the streets, sewers and grounds of the facility. Previous to this, he was employed by the City of Mendota Heights, working the street division for over two years. I am recommending that Mr. Toenyan be hired at Step 1 of the 1996 Pay Plan for the Maintenance Worker position which has a starting salary of$12.78 per hour. RECOMMENDATION: It is recommended that the City Council authorize the hiring of Duane Toenyan for the position of Maintenance Worker. ACTION REQUESTED: Move to authorize the appropriate City officials to hire Duane R. Toenyan, as a Maintenance Worker, and to be hired at Step 1 of the 1996 Pay Plan with an effective date of November 25, 1996. AILL" 434 Bruce Loney Public Works Director 1 ) . 0. a>. CITY OF SHAKOPEE Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: 1996 Budget Amendments DATE: October 28, 1996 Introduction Various amendments for the 1996 General Fund budget are proposed as a result of prior and current events . Background The following changes are included in the attached resolution; 1. Increase Engineering professional services by $3, 700 for South Bypass/Vierling Drive connection previously discussed by Council . Source of funding is increased revenues - engineering grade fees. 2 . Increase Street Division Professional Services by $29, 600 for costs budgeted in 1995 but being paid in 1996 for the pavement management program. Source of funding is increased engineering grade fees. 3 . Increase Police overtime by $5, 000 for patrol related to Memorial Park previously discussed by Council . Source of funding is contingency. 4 . Police Services. Increase police department overtime by $15, 000 . 00 for contracted services. Source of funding is increased police service revenue. 5 . Increase Administration professional services by $4, 050 for Sentenced to Serve contract with the county previously discussed and approved by Council . Source of funding is contingency. 6 . Increase Fire Department supplies by $8, 820 for protective gear ordered in 1995 but not received until 1996 . Source of funding is increased building permit fees. Estimated revenues for building permits are being increased by $100, 000 which will add to budget fund balance. 7 . Increase Community Development professional services by $15, 000 for lodging tax remitted to Convention & Visitors Bureau. Source of funding is increased tax collections 8 . General Fund transfers out. Block 3 & 4 local contribution in lieu of Local Government Aid reduction for TIF district #10 in the amount of $218, 885 as discussed during budget sessions. Source of funding is fund balance. 10 . General Fund transfers out . Debt service transfer for canceling the pay 1997 debt levy in the amount of $193, 371 as discussed during budget sessions plus another estimated $10, 093 due to increased levy needed for the 1996A Improvement bonds. The estimated levy for the 1996 bonds was $65, 000 but due to the delay in assessing the 1996 Reconstruction program, an increase in the estimated levy is needed. Source of funding is fund balance. Contingency Status The original contingency was $100, 000 and so far $830 has been charged against the account leaving a current balance of $99, 170 . If the reappropriations above would come out of contingency, the balance remaining would be $48, 000 . Other Funding Sources Other sources of reappropriation funding include going back into division budgets to locate underspend situations due mainly to personnel turnover. The estimated underspend of wages in the Administration Division is tentatively designated for a replacement copier in 1996 . Some additional revenue items could be adjusted upward. Prospective The rules for governmental accounting do not provide for an easy solution to budget adjustments when costs budgeted in one year are not recorded as expenditures/liabilities until the following year. Encumbrance accounting only provides for a reservation of fund balance and appropriations still need to made in the second year or budget amendments processed. Implementing full encumbrance accounting would be a significant additional work load for Finance and the departments. Based on the events in the past, I feel that there have not been enough cases or dollars involved to warrant the effort to go to encumbrances as a routine process. Recommendation Adopt the budget amending resolution as prepared. Deal with reappropriation of fund balance for prior years commitments on a case by case basis using fund balance where appropriate. Department heads need to to be aware of projects that will carry over into a subsequent year and budget accordingly when possible. Action Offer Resolution No. 4552 A Resolution amending Resolution No. 4354 A Resolution Adopting the 1996 Budget and move its adoption. Gregg Voxland Finance Director i:\finance\docs\budget\dept\res96amd RESOLUTION NO. 4552 A RESOLUTION AMENDING RESOLUTION NUMBER 4354 ADOPTING THE 1996 BUDGET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, COUNTY OF SCOTT, MINNESOTA, that the 1996 General Fund budget is amended as follows; Increase Engineering Department by $ 3, 700 Increase Street Division by $ 29, 600 Increase Police Department by $ 20, 000 Increase Administration by $ 4, 050 Increase Fire Department by $ 8, 820 Increase Community Development by $ 15, 000 Increase Transfers out to Block 3 & 4 $218, 885 Increase Transfers out to Debt Service $203,464 Decrease Contingency by $ 9, 050 Increase Revenues (engineering grade fee) $ 33,300 Increase Revenues (police services) by $ 15, 000 Increase Revenues (building permits) by $100, 000 Increase Revenues (lodging tax) by $ 15, 750 Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1996. Mayor of the City of Shakopee ATTEST: City Clerk //Z.1 RESOLUTION NO. 4552 A RESOLUTION AMENDING RESOLUTION NUMBER 4354 ADOPTING THE 1996 BUDGET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, COUNTY OF SCOTT, MINNESOTA, that the 1996 General Fund budget is amended as follows; Increase Engineering Department by $ 3, 700 Increase Street Division by $ 29, 600 Increase Police Department by $ 20, 000 Increase Administration by $ 4, 050 Increase Fire Department by $ 8, 820 Increase Community Development by $ 15, 000 Increase Transfers out to Block 3 & 4 $218,885 Increase Transfers out to Debt Service $203,464 Decrease Contingency by $ 51, 170 Increase Revenues (police services) by $ 15, 000 Increase Revenues (lodging tax) by $ 15,750 Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1996 . Mayor of the City of Shakopee ATTEST: City Clerk ii. ,6.,b CITY OF SHAKOPEE Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: Audit Comment Follow up DATE: October 31, 1996 Introduction The auditors had a number of comments for Council following the 1995 audit. Below is a discussion and proposed action of each item. Background Listed below are specific recommendations (summarized) from the auditors for Council to consider. 1. Develop policy and related procedures regarding conflicts of interest. Conduct annual educational refresher for awareness of this issue. Consider adopting resolution relating to disclosure of all real estate and business interests which could indicate a potential conflict. ,action: Council should discuss and provide staff direction. 2. Bill SPUC progress billing for their share of construction projects vs. waiting for completion. Action: Staff has taken no action on this specific issue pending the formalization of the relationship between SPUC and the City via the agreement directed to be prepared by SPUC Commissioners and City Council earlier this spring. The City Attorney, Karen Marty, was assigned to draft an agreement. Since her departure the issue has not moved forward. The City Administrator is following up on this matter. 3. Develop formal review procedure of journal entries before entry into financial system. Action: Procedures in the Finance Department have been revised to provide for review by a knowledgeable employee of journal entries before each month is closed out. 4. Develop written procedure for the disposal of fixed assets. Action: Written procedure for disposal of fixed assets has been prepared. Action Council should discuss and give staff direction on the conflicts of interest issue. G`re od gg Finance Director finance\docs\cafr\audfol95 CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill. City Administrator SUBJECT: League of Minnesota Cities Policies DATE: October 31, 1996 INTRODUCTION: The City Council is asked to adopt the 1997 Legislative Policies as proposed by the League of Minnesota Cities (LMC). BACKGROUND: Previously, the City Council has received copies of the proposed legislative policies for the 1997. legislative session, as considered by the LMC. The LMC has committees, made up of elected and appointed officials, which consider policies in the following general areas: 1. Municipal Revenue and Taxation 2. General Legislation 3. Housing and Economic Development 4. Metropolitan Governance, Structure, and Issues 5. Transportation. The LMC will have its Annual. Legislative Policy Adoption meeting on Friday,November 22nd, in Minnetonka. At that time, representatives of the cities in attendance will be asked to vote on these policies so that the League staff knows which areas will need to be a priority for lobbying efforts. (As an aside, City Council members arc encouraged to attend; registration should be coordinated through the City Administrators office no later than November 15th - see attached information.) We recommend that the policies as proposed by the study committees of the LMC be adopted as those of the City. If there are individual policies with which the Council disagrees with as a whole, I would encourage one of the Council members to attend the Policy Adoption Committee meeting, to lobby to change that particular section. Many other cities will need to be in favor of a particular position for any changes to be implemented from the draft proposals. ACTION REQUIRED: If the Council concurs with the draft policies, it should, by motion, endorse the proposed 1997 LMC Legislative Policies. Mark McNeill City Administrator MM:tw • LMC \ ice League Cities promoting itie s Betin � J Number 26 October 18, 1996 9 Property tax reform and TIF highlight 1997 policies Tem Busse The League of Minnesota Cities opposes shifting tax burdens from one In addition to discussion of League Legislative Committee discussed, class of property to another. The policy policies,the Policy Adoption Confer- amended and endorsed the proposed also opposes a property tax freeze or ence this year will feature presentations 1997 League legislative policies levy limits and calls for the continua- on a wide range of city issues. Thursday morning before the League tion of shared state revenues through "We tried to balance the speakers regional meeting in Watertown. LGA and HACA. between updates on familiar subjects Member cities will be asked to for- Additional policies call for such as education funding and rights of mally approve the policies November increased flexibility in the use of tax way management,with what we see as 22 at the Policy Adoption Conference. increment financing,and additional emerging issues,"said Gary Carlson, "I know I've said it before,but this resources to provide affordable housing League Director of Intergovernmental is going to be an important year for in communities across the state. Relations. "Issues like electric deregu- 10 cities legislatively,"said League • lation and the impact of welfare reform President Blaine Hill. "These policies Next stop:Policy Adoption on cities may not be hot topics right address some major issues that could Conference now,but we must keep an eye on these have a significant impact on how cities Copies of the proposed policies developing issues so that the League is deliver services to their residents." will be mailed to cities in the next 10 prepared to respond in the future."[ days. While many of the issues are Legislative Committee approves familiar to city officials,Hill cautioned The League sends the Cities policies against thinking the adoption of the Bulletin to the mayor and to the f, The Legislative Committee,which policies is a cut-and-dried matter. administrator or clerk.Be sure to is made up of the Board of Directors "After hours of work by the route ft to your councilmembers'' and the chairs of each policy commit- committees,I think a lot of people and department heads.`` tees,approved a slate of policies that might see the formal approval of the cover new and emerging topics. One policies as academic,"said Hill. of the most notable new policies "That's not the case. The policies state addresses property tax reform. The the problems cities face and propose policy supports property tax reductions solutions. These obviously aren't the for all property tax payers by endorsing only solutions and I hope League -: increased state funding for schools. members feel comfortable bringing up ' The policy also supports reductions in their ideas and concerns at the Policy class rates where demonstrated Adoption Conference." problems exist. However,the policy Page 4—Personnel services Page 6&7—Policy adoption • Five focus groups and a member See pages 6 and 7 for the full • survey will help the League program and registration evaluate its personnel services to information for the November 22 cities. Policy Adoption Conference. ' 4".t 'm S-kav - '. z C '' 'ii'AINtt;ci {,, , i:� ",'� ' mo. e i t�€• J -z .,...F,:;*.-' '0.4---,,...t.94.4.- 4 ' ''',.,1,".1=',f-ti.-? fi jam , .:kms,•. r•, :U x .'"x , i. }, i.?,4, ' . PLAN NOW TO ATTEND AND VOTE ON POLICIES AFFECTING YOUR CITY! 1996 Policy Adoption Conferences 0 Friday, November 22, 1996 ,,eaPe Olt C CS Ramada Plaza Hotel Mze� �� Minnetonka A99i pollees tatty b,, Preliminary Program ,..,,,.�,.. 8 a.m. Registration '� �•~ 8:45 a.m. Welcome p Blaine Hill, LMC President and Clerk-Treasurer, Breckenridge I 1997 Legislative Predictions !ith the legislative session just Legislative panelists to be announced and the corner, city officials Kgi't want to miss the 1996 9:45 a.m. Why K-12 Funding Could Affect Your City Budget -aN ,C PolicyAdoptionConfer- Gary Carlson,Director of Intergovernmental Relations, League of Minnesota Cities T. 10:30 a.m. Break )in the League and your cityID 10:45 a.m. Managing the Rights of Way:What's At Stake ‘vdeagues for an informative A discussion between industry representatives and city officials. discussion of: Speakers to be announced. • What's ahead for the 1997 11:30 a.m. Electric Deregulation:What's On the Horizon . ..and legislative session How Close Is It? • Issues affecting property tax Jack Kegel,Executive Director, Minnesota Municipal Utilities Association reform • Managing public rights of way 12 noon Lunch • Electric deregulation The Outlook for City Legislative Priorities • Devolution Senator Steve Novak • Tax Increment Financing 1:45 p.m. Temporary Economic Assistance,Jobs and Training: and more The New Realities for Cities After Welfare Reform Kevin Kelliher, Commissioner,Houston County;President, Plan now to send a city repre- Association of Minnesota Counties* sentative to cast your city's vote Peter McLaughlin, Chairman, Hennepin County Board v. on the League's 1997 Legislative of Commissioners* Policies. ' 2:15 p.m. But Not For TIF! Creating Local Economies fl'''''''‘..7 G ene Ranieri,Director of Governmental Affairs,Publicorp, Inc.* L MC • • 2:45 p.m. Break 3 p.m.- Policy Adoption 4 p.m. League of Minnesota Cities Cities promoting excellence *Speakers invited. Page 6 LMC Cities Bulletin l/ D. J . CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Community Center Waterproofing Repair DATE: October 31, 1996 INTRODUCTION: The Council is asked to approve a proposal from.JESCO Concrete and Masonry Contractors, to make repairs to the Community Center to regarding a water seepage problem. BACKGROUND: There has been an ongoing problem with water seepage in the northeast corner of the lower level of the Community Center. The construction manager for the project, Greystone Construction,has been in negotiation with JESCO,the masonry contractor. After some discussion, JESCO has most recently submitted a proposal which would have them install a "French Drain"around the northeast corner of the building near where the seepage is acquiring, and lead that water away from the building to a storm sewer. The estimated cost of these repairs is $8,092.50,which will be the responsibility of the contractor. In exchange for making the repairs,the City would agree to pay the final payment which it has been holding, totalling in excess of$32,000 (less the cost of the proposed repair)within 30 days after the repairs are completed. RECOMMENDATION: After discussions with Greystone,we recommend that the proposal of JESCO Inc. be approved. ACTION REQUIRED: If the Council concurs, it should, by motion, authorize the Mayor to execute the proposal of JESCO Contractors, dated October 23, 1996, for repairs to the Shakopee Community Center. i,kQjJJ( LLL4 Mark McNeill City Administrator MM:tw E6-1 Esc_ Concrete &Masonry Contractors 7175 Cahill Road•Edina,Minnesota 55439-2054. 612/944-7700•Fax 612/944-7711 1-800-552-5273 October 23, 1996 City of Shakopee Attn: Mark McNeill 129 Holmes Street South Shakopee,MN 55379-1351 RE: Shakopee Civic Center Dear Mr.McNeill: This letter is written in response to your letter of October 17, 1996,regarding the water seepage issue at the Shakopee Civic Center. As you may know our subcontractor Kremer Davis has elected to ignore our numerous requests to address this issue. In light of this Jesco will proceed(weather permitting)with the proposed fix in order to honor our contractual obligation. We will proceed after receiving written confirmation that payment in full(less the $8,092.50 for the proposed repair)will be received within 30 days of completing the repair. If you are in agreement with this please forward an acknowledgment to me at your earliest convenience. Sincerely, JES r 0,INC City of Shakopee Daniel Stanley Signature of Agreement Executive Vice President/C.O.O. Date DS:ram EQUAL OPPORTUNITY AND AFFIRMATIVE ACTION EMPLOYER !I . De . CITY OF SHAKOPEE Memorandum TO: Mayor and City Council. FROM: Mark McNeill, City Administrator SUBJECT: Long Term Employee Retirement Benefit DATE: November 4, 1996 INTRODUCTION: The Council is asked to consider whether it wishes to provide a retirement package in excess of what is currently provided under City policy,to long term employees. BACKGROUND: Recently,two long term employees of the City (Don Bisek of the Police Department, and Harry Pass of Public Works)both inquired as to whether the City could assist in offsetting some of the costs of heath insurance after their contemplated retirements. Currently,monthly health insurance premiums run$302.92 for two party participants. It is my understanding that the service tenure of Mr. Bisek and Mr. Pass are 29, and 28 years, respectively. Both are contemplating retirement at the end of 1996. If there is a desire on the part of the City Council to acknowledge the loyalty of such long term employees, it may wish to review what was done for two employees who, in 1991, were offered an incentive for early retirement, in addition to their standard retirement benefits. At that time, a formula was approved which provided for a lump sum payment of 1%for each of the first 15 years of service,plus an additional .2% for each year thereafter, up to a maximum rate of 3%. In other words, if an employee served for 30 years or more,he or she would receive a lump sum in the amount of 18%of one year's salary. PROPOSAL: If the Council wishes to consider this, it would need to be done in such a manner that anyone meeting those criteria would qualify(in addition to normal retirement benefits). Proposed eligibility would be as follows: 1. The employee has worked for the City of Shakopee for at least 25 years. 2. Employee is eligible for a full or reduced pension upon retirement. 3. Employee shall be at least 55 years old on or before December 31, 1996, unless the employee if a police officer, in which a minimum age shall be 50. DISCUSSION: l:f this is adopted in this case, it should be something which would be considered as policy for all other employees who would be in the same circumstance in future years. For budgeting purposes, it would be ideal if the City would require employees anticipating retirement during a particular calendar year to advise the City by the proceeding September 1st, so that that could be built into the budget. However,that may not always be feasible. In many circumstances,the retirement benefit costs of a long termemployee, can be offset by the hiring of a newer employee who is at or near entry level on the wage scale. While the original contact by the two employees was to ask for assistance with insurance premiums, we would propose this as a lump sum payment to be utilized by the employee as they see fit. If there is a tax benefit, and it is proper under IRS regulations,we will investigate the feasibility of placing this into a City held account to make payments on behalf of the employee for the monthly insurance premiums as they come due. Consideration of this also generated discussion about other long term employees who have recently retired,but received no additional benefit. This proposal would be for those who have not yet retired. BUDGET IMPACT: Based on the 1996 salaries of the above individuals, the lump sum payments would be $8,060.90 for Mr. Bisek, and $6,650.16 for Mr. Pass. Neither of these payments are budgeted. Payments if approved would cause the City to overspend salary line items in the respective departments. At this time,we anticipate the General Fund Budget should be able to absorb these items. RECOMMENDATION: The adoption of this policy may or may not affect an employee's decision for an early retirement. However, it might be seen as a public benefit to recognize employees for long-term loyalty to the City of Shakopee. If that is the desire of the Council to recognize that, I recommend adoption of the attached resolution. ACTION REQUIRED: If the Council wishes to adopt this as policy, it should adopt the following resolution: A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, ADOPTING A LONG TERM EMPLOYEE RETIREMENT BENEFIT. Mark McNeill City Administrator MM:tw cc: Gregg Voxland RESOLUTION NO. 4562 A RESOLUTION OF TIIE CITY OF SHAKOPEE, MINNESOTA, ADOPTING A LONG TERM EMPLOYEE RETIREMENT BENEFIT WHEREAS,the City of Shakopee has a number of employees who have served the City loyalty for more then 25 years; and WHEREAS,the City recognizes the desirability of rewarding such employees for their devotion to service of the citizens of the City of Shakopee; and WHEREAS, one method of rewarding said employees would be to provide for a lump sum payment based upon years of service in excess of other normal retirement benefits provided by the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA,AS FOLLOWS: That a long term employee retirement policy is hereby adopted, which now provides as follows: An employee is eligible for long term retirement benefits if(a.)the employee has worked for the City of Shakopee for at least 25 years; (b.)the employee is eligible for a full or reduced pension upon retirement; and(c.)the employee shall be at least 55 years old on or before the end of the calendar year in which retirement is contemplated, unless an employee is a police officer, in which case the minimum age shall be 50. Such a retiring employee would receive a lump sum payment covering the following items: 1. All accumulated unused vacation time. 2. A buy back of accumulated unused sick leave,up to a maximum of one-third of 960 hours (police officers shall receive 45% of 960 hours). 3. A percentage of the salary times years of service based on the following formula: 1% for each of the first 15 years of service,plus an addition 0.2 % for each year thereafter, up to a maximum rate of 3%. These payments for vacation, sick leave, and years of service would all be calculated on the basis of the employee's base salary or wage scale (excluding overtime) for the year in which the employee submitted his or her notice of intent to retire. These benefits would be in lieu of any benefits described in any existing personnel policy or contract. Passed in regular session of the City Council of the City of Shakopee, Minnesota,this day of , 1996.. Mayor of the City of Shakopee ATTEST: City Clerk • / ii 19 CITY OF SHAKOPEE Memorandum TO: Mayor and City Council I Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Declaring Results of Special Elections DATE: October 24, 1996 INT2ODUCTION AND BACKGROUND: On November 5th there will be two city questions on the general election ballot. At the November 6th City Council meeting it will be appropriate for the City Council to examine the official returns of the election relating to these questions and declare the results. Attached are two draft resolutions to be considered by the Council. Copies of these resolutions containing the figures as a result of the election will be placed on the council table before the meeting along with copies of the summary of returns for each precinct. RECOMMENDED ACTION: 1. Offer Resolution No. 4555, A Resolution Declaring Res4lts of Special Bond Election, and move its adoption. 2. Offer Resolution No. 4556, A Resolution Declaring Results of Special Election, and move its adoption. cj th S. Cox, i y Clerk h:\Judy\elections\memocanv ,„,� ,wtE+a.Ur, .:z'� �s � , F +r x '`., apt` � ° i 41; tRv RESOLUTION NO. 4555 A RESOLUTION DECLARING RESULTS OF SPECIAL BOND ELECTION BE IT RESOLVED by the City Council of the City of Shakopee, Minnesota,that it is hereby found and determined that at the special election held in and for said City on November 5, 1996,upon the following question: Should the City of Shakopee issue and sell its general obligation bonds in an amount not to exceed$3,400,000 to finance the acquisition, construction, and equipping of a new fire station? There were cast a total of votes, of which were in favor of the aforesaid bond issue, and were against the same: ballots were defective or blank; and the bond issue in question is hereby declared Adopted in Regular Session of the City Council of the City of Shakopee held this 6th day of November, 1996. Mayor of the City of Shakopee ATTEST: City Clerk ` '+ } '` - *rt i tV." Rr � r r 3 k a," n f4 x t' d°' $ -n. f sh' core-iti s 'u fx 7 ,^'� � ""s "vt` � •�,' �2 ,g. ,,wr : tars. �£ k RESOLUTION NO. 4556 A RESOLUTION DECLARING RESULTS OF SPECIAL ELECTION BE IT RESOLVED by the City Council of the City of Shakopee,Minnesota, that it is hereby found and determined that at the special election held in and for said City on November 5, 1996,upon the following question: Should the City of Shakopee be allowed to issue five "on sale"licenses for the sale of intoxicating liquor at retail in excess of the number now permitted by law? There were cast a total of votes, of which were in favor of the aforesaid question, and Fere against the same: defective or blank; and the liwuor-- ballots were license issue in question is hereby declared Adopted in Regular Session of the City Council of the City of Shako pee held ' of November, 1996. P this 6th day Mayor of the City of Shakopee ATTEST: City Clerk Il . 0. -, CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Canvass of Results of Special Election DATE: November 6, 1996 It is appropriate that City Council canvass the results of the special elections and adopt the resolutions declaring the results. Attached are the following documents identified as exhibits: 1. Summary Statement from each of the seven precincts including the optical scanner print out on the count from each precinct. 2. Affidavit of posting of notice of special election and sample ballot at each precinct. 3. Affidavit of posting of notice of special election and sample ballot on the bulletin board at city hall 4. Affidavit of publication of notice of special election 5. Affidavit of publication of sample ballot 6. One page summary of the election results 7. Resolution No. 4555 8. Resolution No. 4556 RECOMMENDED ACTION: 1. Examine and place on file the affidavits showing publication and posting of the notices of the special election. 2. Offer Resolution No. 4555, A Resolution Declaring Results of Special Bond Election, and move its adoption. 3. Offer Resolution No. 4556, A Resolution Declaring Results of Special Election, and move its adoption. d:J th S. Cox, ity Clerk xti ► 1311 1 Pi4c-e3 PAGE 1 OF SUMMARY STATEMENT GENERAL ELECTION,,NOVEMBER 5,1996 A. PRECINCT: 085 B. PRE : . CO.7E : 0115 C. WARD:DA D. MUNICIPALITY: E COUNTY:SCOTT F. CONGRESSIONAL DISTRICT:2 G. LEGISLATIVE DISTRICT: 35B NUMBER OF BALLOTS RECEIVED FROM CLERK ! .�' ?) ******* ********************************************* ****************** H. NUMBER OF PERSONS REGISTERED AT 7AM 1. 157 I , NUMBER OF NEW REGISTRATIONS AT THE POLLING PLACE 13,.ar ON ELECTION DAY *********************************************************************** • J . NUMBER OF SIGNATURES ON THE POLLING PLACE ROSTER C) 417,/ (INCLUDE NEW REGISTRATIONS) • K NUMBER OP' ACCEPTED'REGULAR. MILITARY AND OVERSEAS ABSENTEE/BALLOTS • + . . . . , . . . L. NUMBER OF ACCEPTED ABSENTEE BALLOTS FROM VOTERS ENTITLED TO VOTE FOR FEDERAL OFFICES ONLY, ICLUDING FEDERAL WRITE-IN BALLOTS M NUMBER OF ACCEPTED ABSENTEE BALLOTS FROM VOTERS - ENTITLED TO VOTE FOR • .r .f. « - z .- .r N TOTAL NUMBER OF PERSONS VOTING IN THE PRECINCT. : . . . . . . . , (ADD: J + K + L + M = N) ' ******************************************** r***************************` O. NUMBER OF COMPLETELY BLANK BALLOTS IN THE BALLOT BOX. . . . . . . . ... .., b, . . P. NUMBER OP COMPLETELY DEFECTIVE BALLOTS IN THE BALLOT BOX (identifiable marks only) . . . . #_ DEFECTIVE Q. NUMBER OF SPOILED BALLOTS IN THE SPOILED BALLOT ENVELOPE. . . . . . ,6. . # SPOILED NUMBER OF REMADE BALLOTS IN THE REMADE' BALLOT ENVELOPE. . . . . . , . .. R. NUMBER OF UNUSED;BALLOTS RETURNED TO COUNTY REMADE AUDITOR. . . • . . . . . . . . . . . . . . . . . . . #,;UNUSED BALLOTS' (ORIGINAL AMOUNT OF BALLOTS RECEIVED FROM COUNTY AUDITOR., MINUS'LINES J & Q = R) 12? 15T DlSTRICT COUrT 8 81270001 KAR[N ASPHAUS _ / 81279999 WRITE-IN 5 ' 55� [- / ^ ^ ^ ^ ` ^ ^ ' ^ ~ ~ ` ^ ^ ^ ^ ^ ^ ^ ^ ` ^ ` ^ ^ ^ ^ ' ^ ` ' ` ^ ^ ' ^ ` ` ^ ` ~ ^ ~ ^ ' Total Votos [a�t 900 Number Under Votes 263 29.22� Number Over Votes @ . 0% SHAKOPEE QUESTION 1 - YES 483 53. 66% NO 382 42. 447. ^ . . . ~ . . . . . . . . . . . . . ^ . . ^ . ^ . ^ ^ , . ^ . ` ` . . . . . . ^ . , . . . Total Votes Cast 900 Number Under Votes 35 3.88% Number Over Votes 0 . 0% SHAKOPEE QUESTION 2 YES 628 69. 77% NO 246 27. 33% ^ ^^ ^ ^ ^ ^ ^ ^ ^ ~^ ^ ~ ^ ~ ^ ^ ^ ^ ~ ~ ^ ^ ` ^ ` ^ ~ ` ` ~ ^ ^ ^ ' ' ` ~ ' ^ ^ ^ ' ^ Total Votes Cast 900 Number Under Votes 25 2.77% Number Over Votes 1 . 11% SHAKOPEE SCHOOL BOARD MEMBER 5 YR. ( Elect 2) JESSICA A. GEIS 528 29. 33% BOB LOONAN 281 15.61% RON S[LGETH140 7. 77% ANNE HElMKES TUTTLE 448 24.88% ---- 3 . 16% Total Votes Cast 1800 Number Under Votes 400 22.22% Number Over Votes 0 . 0% SHAKOPEE SCHOOL BOARD MEMBER 3 YR. LORI GlLLICK 336 37.33% SEAN LAUGHLIN 171 19.00% STEVE SCHNEIDER 293 32.55% 3 � .33% Total Votes Cast 900 Number Under Votes 92 10.22% Number Over Votes 5 .55% TOTAL ___-. _� —� - -- "mw—'_ --__`__ . ^ ` ' ^ . , . -'` 1 ' 1 1 , 1 PAGE 1 OF SUMMARY STATEMENT GENERAL ELECTION,NOVEMBER 5,1996 , A . PRECINCT: 085 B. PRE --- tb-DE : 0120 C. WARD:ka D, MUNICIPALITY: * :-..41. -, ' 0" . COUNTY: SCOTT F. CONGRESSIONAL DISTR' r . LEGISLATIVE DISTRICT: 35B NUMBER OF BALLOTS RECEIVED FROM CLERK ************************************************************************ H. NUMBER OF PERSONS REGISTERED AT 7AM 1-1-0-44 4e1:23 , I . NUMBER OF NEW REGISTRATIONS AT THE POLLING PLACE ON ELECTION DAY i ‘, *********************************************************************** J . NUMBER OF SIGNATURES ON THE POLLING PLACE ROSTER 7g / ( INCLUDE NEW REGISTRATIONS) + K. NUMBER OF ACCEPTED REGULAR, MILITARY AND OVERSEAS -1 ABSENTEE BALLOTS -,-1 ; . + L. NUMBER OF ACCEPTED ABSENTEE BALLOTS FROM VOTERS ENTITLED TO VOTE FOR FEDERAL OFFICES ONLY, ICLUDING FEDERAL WRITE-IN BALLOTS + M. NUMBER OF ACCEPTED ABSENTEE BALLOTS FROM VOTERS ' ENTITLED TO VOTE FOR " t- 0- kw . 00 0101- • N. TOTAL NUMBER OF PERSONS VOTING IN THE PRECINCT 2 0 9 .. - (ADD: J + K + L + m = N) ************************************************************************ ,e O. NUMBER OF COMPLETELY BLANK BALLOTS • \ IN THE BALLOT BOX # BLANK P. NUMBER OF COMPLETELY DEFECTIVE BALLOTS IN THE BALLOT BOX (identifiable marks only) . — i # DEFECTIVE Q. NUMBER OF SPOILED BALLOTS IN THE SPOILED BALLOT ENVELOPE ...Z ' # SPOILED NUMBER OF REMADE BALLOTS IN THE REMADE BALLOT ENVELOPE. . . . . . . . . . , . . . . . . . . . 7 # REMADE R, NUMBER OF UNUSED BALLOTS RETURNED TO COUNTY AUDITOR 597 . . # UNUSED BALLOTS . . (ORIGINAL AMOUNT OF BALLOTS RECEIVED FROM THE COUNTY AUDITOR. MINUS LINES J & Q = R) • i 4 8l, iDKlT ',kJ ' , ,D, , 8!270001 KAREN ASPHAUG 552 68, 23' �� � 81279999 WRITE IN 5 61� ` �~ _ . �~ ' ^ ' ^ ^ ' ^ ^ ^ ` ^ ^ ` ~ ^ ~ ^ ` ' ` ^ ^ ~ ^ ' ^ ' ` ' ~ ` ^ ^ ^ ^ ^ ` ^ ` ` ^ ~ ` ^ Total Vote, Cast 809 Number Under Vutes 251 31.02% Number Over Votes : . l2� 941KOPEE QUE3TlON 1 YEC 457 56. 48% NO 324 40.04% ` ` ^ ~ ~ ~ ^ ~ ^ ~ ^ ^ ^ ^^ ~ ~ ^ ^ ~ ^ ^ ^ ~ ` ~ ^ ` ` ' ' ^ ` ^ ^ ` ^ ` ^ ~ ^ ^ ~ ~ ^ Total VotesCast 809 Number Under Vot(..s 28 3. 41.� Number Over Votes 0 . 0% ) . SHAKOPEE QUESTION 2 i YES 547 F,7.61% |7.61� NO 240 29.66% | ^ ^ ~ ^ ^ ^ ^ ` ` ` ^ ^ ^ ' ^ ^ ^ ^ ^ ~ ^ ^ - ^ ^ ^ Total Votec Cast 809 Number Under Votes 21 2.59% Number Over Votes 1 . 12% / / SHAKOPEE SCHOOL BOARD MEMBER 5 YR. ( Elect 2) JESSICA A. GEIS 385 23.79% BOB LOONAN 300 18.54% RON SOLSETH 130 8.03% ANNE HEIMKES TUTTLE 418 25.83% 1 . 6% Total Votes Cast 1618 Number ,Under Votes 374 23. 11% Number Over Votes 10 .61% SHAKOPEE SCHOOL BOARD MEMBER 3 YR. LORI GILLICK 310 38.31% SEAN LAUGHLIN 155 19. 15% STEVE SCHNEIDER 242 29.91% - 1 " 12% Total Votes Cast 809 Number Under Votes 99 12.23% Number Over Votes 2 .24% TOTAL BALLOTS CAST 809 TOTAL TYPE 1 BALLOTS 809 --^ -__ -_ - _�_� ~.-_-_-_ __--__- __-, _--_ '___~ ----�__- --_ _ - _ �- _ _ _ � PAGE 1 OF SUMMARY STATEMENT (NINEItia.ELECTION,NOVEMBER 5,1096 A. PRECINCT: 085 B. PREC , -- weDE: 0125 C. WARD: D. MUNICIPALITY: - E. COUNTY:SCOTT F. CONGRESSIONAL DISTRI ' G. LEGISLATIVE DISTRICT: 35B • NUMBER OF BALLOTS RECEIVED FROM CLERK (-219..qa *******!***************************************************************** H. NUMBER OF PERSONSREGISTERED AT 7AM . 1. 641 Z. NUMBER OF NEW REGISTRATIONS AT THE POLLING PLACE ON ELECTION DAY • 0 I (-^ J. NUMBER OF SIGNATURES ON THE POLLING PLACE ROSTER. . . . . . I / 4-- (INCLUDE NEW REGISTRATIONS) K. NUMBER OF ACCEPTED REGULAR, MILITARY AND OVERSEAS 2. 0 ABSENTEE BALLOTS L. * NUMBER OF ACCEPTED ABSENTEE BALLOTS FROM VOTERS ENTITLED TO VOTE FOR FEDERAL OFFICES ONLY. ICLUDING FEDERAL WRITE-IN BALLOTS M. NUMBER OF ACCEPTED ABSENTEE BALLOTS FROM VOTERS ENTITLED TO VOTE FOR PRESIDENT AND VICE PRESIDENT N. TOTAL NUMBER OF PERSONS VOTING IN THE PRECINCT / I 17 2- (ADD: J + K -4- L + M = N) ************************************************************************ O. NUMBER OF COMPLETELY BLANK BALLOTS IN THE BALLOT BOX # BLANK P. NUMBER OF COMPLETELY DEFECTIVE BALLOTS IN THE BALLOT BOX ( identifiable marks only) # DEFECTIVE Q. NUMBER OF SPOILED BALLOTS IN THE SPOILED BALLOT ENVELOPE # SPOILED NUMBER OF REMADE BALLOTS • IN THE REMADE BALLOT NVELOPE # REMADE R. NUMBER OF UNUSED BALLOTS RETURNED TO COUNTY c72,_ AUDITOR # UNUSED BALLOTS (ORIGINAL AMOUNT OF BALLOTS RECEIVED lEPQM THE COUNTY AUDITOR, MINUS LINES J & Q = R) 8127 1ST OISTRI�T COURT JUDGE SE�T 28 U!270Wa1 KAREN ASPHAUG 767 65.38� 10 -3 81279999 WRITE—IN 6 ^ ' ~ ^ ^ ^ ` ` ~ ' ' ^ ^ - ~ ` ^ ` ~ - ` ^ ' ` ` ^ ` ^ ` ` ^ ' ` ' ' ~ ^ ' Tntal Vntps 1173 Number Under Vote* 799 Number Over Vuteh 1 . 8 ' ' 3' A",11PEE QUEST[ON 1 YES 593 50.55% WD 540 46.N3% . . . . . ^ . . . ~ . . . . . . , , . . , . . ` . . , . ^ . . . . . , ' . . . - ^ . . . Total Vntes Cast 1173 Number Under Votes 40 3. 41% Number Over Votes 0 . 0% SHAKOPEE QUESTION 2 YES 766 65.30% NO 369 31. 45% , . . . . . . . , . . . . , . . . . . . . . . . , . . . , , . . . . , . . ^ . . . . . ~ . Total Votes Cast 1173 Number Under Votes 36 3.06% Number Over Votes 2 . 17% SHAKOPEE SCHOOL BOARD MEMBER 5 YR. ( Elect 2) JESSICA A. GEIS 546 23.27% BOB LOONAN 362 15.43% RON SOLSETH 201 8.56% ANNE HEIMKES TUTTLE ' 537 . 22.89% --�--- 6 .25% Total Votes Cast 2346 Number Under Votes 694 29.58% Number Over Votes 0 . 0% SHAKOPEE SCHOOL BOARD MEMBER 3 YR. LORI GILLICK 472 40.23% SEAN LAUGHLIN 185 15.77% STEVE SCHNEIDER ' 279 23.78% -- 11 .93% Total Votes Cast 1173 Number Under Votes 217 18.49* NumberOver Votes 9 .76% TOTAL BALLOTS CAST 1173 ------ '-`-----^--' - -'-'-- —r'- - ' --- -'^ ~~~~ ---~--�--`'------ - ' - --�--- ----- --~-~-~ � • PAGE 1 OF SUMMARY STATEMENT GENERAL ELECTION,NOVEMBER 5,116 A. PRECINCT: 085 B. P. p 0DE: 0130 C. WARD:QQ D. MUNICIPALITY: . . .�5' COUNTY:SCOTT F. CONGRESSIONAL DI • + LEGISLATIVE DISTRICT: 35B NUMBER OF BALLOTS RECEIVED FROM CLERK .//) .S-r () ***********w*****************************************************w****** H. NUMBER OF PERSONS REGISTERED AT 7AM810 I. NUMBER OF NEW REGISTRATIONS AT THE. POLLING PLACE ON ELECTION DAY /.3 r **w**w**www***wwww_ww,irirwwwww***wwwrw*ww****www"�rww*wwwwwaewwww�rwww�r***w*** J . NUMBER OF SIGNATURES ON THE POLLING PLACE ROSTER ---4E " /75-----''. (INCLUDE NEW REGISTRATIONS) K. NUMBER OF ACCEPTED REGULAR. MILITARY AND OVERSEAS „_90 ABSENTEE BALLOTS. . . . . . . . . . . . . . . . . t✓ L. NUMBER OF ACCEPTED ABSENTEE BALLOTS FROM VOTERS ENTITLED TO VOTE FOR FEDERAL OFFICES ONLY.. ICLUDING FEDERAL WRITE- IN BALLOTS. . . . . . . . . 4ili M. NUMBER OF'ACCEPTED ABSENTEE BALLOTS FROM VOTERS c .& ENTITLED TO -VOTE FOR w - .r :. .I. «- r.- .r N. TOTAL NUMBER OF PERSONS VOTING IN THE PRECINCT -- } fp7 (ADD: J ,,+ K + L + M ,= N) **w*********w,iiryrrr+i**vr*******************tir,u*,r,rwyr**rrr****************** *** {f, O. NUMBER OF COMPLETELY BLANK BALLOTS # BLANK P. NUMBER OF COMPLETELY DEFECTIVE BALLOTS IN THE BALLOT BOX (identifiable marks only) . . , # DEFECTIVE Q. NUMBER OF SPOILED BALLOTS IN THE SPOILED BALLOT ENVELOPE. . . . . . . . . . . . . . . . . . . . . 7 ' # SPOILED NUMBER OF REMADE BALLOTS IN THE REMADE BALLOT ENVELOPE, . , . . . . . . . . . . . . R. NUMBER OF UNUSED BALLOTS RETURNED TO COUNTY #REMADE AUDITOR. . . . . . 0 , . . . . . . . . . . • # UNUSED BALLOTS (ORIGINAL AMOUNT OF BALLOTS RECEIVED .FBQM THS COUNTY AUDITOR. MINUS LINES J & Q = R) 6 [��T|;.i�T ���URT }UDGE � �f1�680�2 MICHAEL A. /OU�G 409 58. D4� � /\1�6999� WRITE-IN /7 -7' ^ ^ ^ ' ^ ^ ^ ~ ^ ^ ' ^ ^ ' ' ~ ^ ^ ^ - ^ ' ~ ' ~ ^ ' J- Total Vot�� [ast 695 ' / � NumbprUnder Votes 28� 40. 43� � Number Ove, Vntes 1 . i4� i ' � ( DISTRICT COURT JUDGE CEAT 28 � � 81270001 KAREN ASPHAUG 81Z79999 WRI [E IN ^ . . . ^ . . . . . . . . . ^ . ' . . ~ . . ^ . . ^ . ' . . . ' . . . . . . . . . . . ^ . Total Votes Cast 695 Number Under Votes 283 40. /1N Number Over Votes 0 . W% < � ) SHAKOPEE QUESTION 1 YES 364 52. 37% NO 303 4J. 59� ^ ~ ^ ` ~ ` ^ ` ^ ^ ~ ^ ^ ' ^ ^ ` ~ ^ ~ ^ ^ ' ^ ^ ' ^ ^ ` ^ ^ ^ ^ ^ ^ ^ ^ ~ ^ ^ ^ ^ ^ - ` Total Votes Cast 695 Number Under Votes 28 Number Over Votes 0 . 0% i SHAKOPEE QUESTION 2 YES 415 59. 71% NO260 37. 41� Total Votes Cast 695 Number Under Votes 20 2. 87% Number Over Votes 0 . 0% SHAKOPEE SCHOOL BOARD MEMBER 5 YR. ( Elect 2) JESSICA A. GEIS 301 21. 71% BOB LOONAN . 195 14. 06% RON SOLSETH 111 8. 00% ANNE HEIMKES TUTTLE 264 19. 04% ' ----------_--- 2 . 14% Total Votes Cast 1386 Number Under Votes 511 36. 86% Number Over Votes 2 . 14% SHAKOPEE SCHOOL BOARD MEMBER 3 YR. LORI GILLICK 277 39. 97% SEAN LAUGHLIN 94 13. 56% STEVE SCHNEIDER 143 20. 63% � -------------- 1 . 14% Total Votes Cast 693 Number Under Votes 168 24. 24% Number Over Votes 10 1. 44% TOTAL BALLOTS CAST 695 TOTAL TYPE 1 BALLOTS 695 PAGE 1 OF SUMMARY STATEMENT GENERAL ELECTION,NOVEMBER 5,1996 A: PRECINCT: 005 B. PREC DE: 0135 C. WARD:AD D. MUNICIPALITY: . COUNTY:SCOTT F. CONGRESSIONAL DISTRI G. LEGISLATIVE DISTRICT: 35B NUMBER OF BALLOTS RECEIVED FROM CLERK . . . . g 3 ************************************************************************ H. NUMBER OF PERSONS REGISTERED AT 7AM 1. 480 • I . NUMBER OF NEW REGISTRATIONS AT THE POLLING PLACE • ON ELECTION . . . . . . . . . . . . . . . . . . . . . . *********************************************************************** J. NUMBER OF SIGNATURES ON THE POLLING PLACE ROSTER. — / 25-9 (INCLUDE NEW REGISTRAT/ONS) K. NUMBER OF ACCEPTED REGULAR. MILITARY AND OVERSEAS ABSENTEE . . . . . . . . . . . . . . . . . %71 L. NUMBER OF ACCEPTED ABSENTEE BALLOTS FROM VOTERS • ENTITLED TO VOTE FOR FEDERAL OFFICES ONLY. ICLUDING FEDERAL WRITE—IN BALLOTS M. NUMBER OF ACCEPt.e.D ABSENTEE BALLOTS FROM VOTERS ENTITLED TO VOTE FOR PRESIDENT AND VICE PRESIDENT N. TOTAL NUMBER OF PERSONS VOTING IN THE PRECINCT (ADD: J + K + L + M = N) ********.**,..,*www******w*************.******.**wwww*****.***********4ww**ww,t** O. NUMBER OF COMPLETELY BLANK BALLOTS IN THE BALLOT BOX 0 - • # BLANK • P. NUMBER OF COMPLETELY DEFECTIVE BALLOTS IN THE BALLOT BOX (identifiable marks only) . _ 02-0 # DEFECTIVE Q. NUMBER OF SPOILED BALLOTS IN THE SPOILED BALLOT ENVELOPE # SPOILED NUMBER OF REMADE BALLOTS IN THE REMADE BALLOT ENVELOPE # REMADE R. NUMBER OF UNUSED BALLOTS RETURNED TO COUNTY AUDITOR Sq3 # UNUSED BALLOTS (ORIGINAL AMOUNT OF BALLOTS RECEIVED MOM THE COUNTY AUDITOR. MINUS LINES 3 & Q = R) � � _ __'__' __ � |2� 1ST DISTRICT CQURT JUDGE �ifFAT 27 �] _7-- _ S1260Q� : MICHAEL A. YOUNG 907 70. 41� F �� 81269999 WRITE-IN 10 . 77� . . ` . , . , . . ^ . . . . . . . . . ~ ~ . , . . . . . . . . . . ~ . . . . . . . . . . . Total Votes Cas • � 1288 Numbpr Under Voes 368 ' 28, 57% Number Over Votes 3 . 237. 8127 1ST DISTRICT COURT JUDGE SEAT 28 81270001 KAREN ASPHAUG 900 69. 87� 81279999 WRITE-IN 14 1. 08% . . . . . . . . . . . . . . . . . . . ~ . . ^ . . . ' . ' . . . . . . . . . . . .~~ . . Total Votes Cast 1288 Number Under Votes 374 29. 03% ' Number Over Votes . 0 . 0% 3H|1KOPEE QUESTION 1 YES 55. 35% NO ' • `'. 540 41. 92% . . . ,. . . . ° . . . .~ . . . . . . . . . . . . . . . . . . . .~ ~ . . ' . PAGE 1 OF SUGARY STATNT �' -] • tiOVEMBER 5,4996 A PRECINCT: dei B. P ' '-NCT'COD" ;'0137 C. WARD:11Q D. MUNICIPALITY: . _ .40 . - E COUNTY1S CD'YT F. CONGRESSIONAL DI -ICT:, LEGISLATIVE DISTRICT: NUMBER OF BALLOTS RECEIVED FROM CLERK. . . . . . . . , . *************************************x***************•********* **** H NUMBER OF PERSONS REGISTERED AT 7AM. . •,>, . . . . , < 630 In . NUMBER OF, NEW REGISTRATIONS AT .;THE POLLING PLACE ON ELECTION DAY. . . . . . . . ,'d /'r ******************************+k************************* Fir************ J. NUMBEROF SIGNATURE'S CST THE POt.LING` PLACE ROSTER, , . . n rig (INCLUDE NEW REGISTRATIONS) K. NUMBER OF ACCEPTED REGULAR. 'MILITARY AND OVERSEAS ABSENTEE BALLOTS. .' . . . , + . . L. NUMBER OF ACCEPTED ABSENTEE BALLOTSFROMVOTERS ENTITLED TO VOTE, FOR FEDERAL OFFICES ONLY, /': (' ICLUDING FEDERAL WRITE-IN BALLOTS. . . . . M. NUMBER OF ACCEPTED ABSENTEE BALLOTS FROM VOTERS ENTITLED TO VOTE FOR PRESIDENT AND VICE PRES IDENT c` N. TOTAL NUMBER OF PERSONS VOTING IN THE PRECINCT ,ra'33 (ADD: J + K + L + M = N) ************************.***********************w************************ f O. NUMBER OF COMPLETELY BLANK BALLOTS IN THE BALLOT BOX.. J # B�.ANK P. NUMBER OF COMPLETELY DEFECTIVE BALLOTS IN THE BALLOT BOX (identifiable marks only) C # DEFECTIVE Q. NUMBER OF SPOILED BALLOTS IN THE SPOILED BALLOT ENVELOPE (5) # SPOILED NUMBER OF REMADE BALLOTS IN THE REMADE BALLOT ENVELOPE 5 # REMADE R. NUMBER OF UNUSED BALLOTS RETURNED TO COUNTY AUDITOR ?' # UNUSED BALLOTS (ORIGINAL AMOUNT OF BALLOTS RECEIVED FROM THE COUNTY AUDITOR. MINUS LINES 3 & Q = R) G1279999 WRIT . , ' ^ ^ , , , , , . . . . . . . , . . ^ ^ ^ ^ ~ ` ^ ~ ^ ^ ~ ^ . . ^ . ^ . ` ' ` ^ . , . . Tutc,l Votes Cast 632 Numer Under Votes 197 b31. 17� Number Ovor Votes 0 . 0� SHAKOPEL QUESTION l 700 61.70% YES 233 36. 86% NO ^ , . , . ~ . . . . . . . ^ . . ~ . , ^ . . . ^ . . . . . ^ . , . . , . . . . . . . . . . rota) Votes Cast 832 Number Under Votes 9 1. 42% Number Over Votes 0 . 0% 5HA|<OPEE QUESTION 2 410 64.87% YES 209 33.06% NO ~ ^ ^ ^ ^ ^ ~ ` ^ ^ ^ ^ ^ ^ ~ ^ ^ ^ ^ ^ ~ ^ ^ ~ ~ ^ ` ~ ^ ^ ^ ^ ^ ` ^ ^ ^ ^ ^ ^ ^ ~ ~ ^ ^ Total Votes Cast 632 Number Under Votes 13 2.05% Number Over Votes 0 . 0% SHAKQPEE SCHOOL BOARD MEMBER 5 YR. ( Elect 2) JESSICA AL GEIS 325 25.71% 208 16.45% BOB LOONAN 92 7,27% RON SDLSETH ANNE HEIMKES TUTTLE 280 22. 15% _—_—_ --- 4 .31% Total Votes Cast 1264 Number Under Votes 353 27.92% . 15% Number Over Votes SHAKOPEE SCHOOL BOARD MEMBER 3 YR. 271 42.87% LORI GILLICK 92 14.55% SEAN LAUGHLIN STEVE SCHNEIDER 156 24.68% Total Votes Cast 632 104 16.45% Number Under Votes 4 .63% Number Over Votes 632 TOTAL BALLOTS CAST TOTAL TYPE 1 BALLOTS 632 � _--_-_~ awliDlrrTalgia . � �.. J]Loog! .a 4—dHa@ONYHS:JII IO'NM a wo :czavo� ':� �� *�� '�� wu/ ^v OM °�°�°=°="�°� v °mw*urla'nna�mmm ^ .~ ItelfaLV18 AINVIWIS` - u PAGE 1 OF SUMMARY STATEMENT GENE; -. T1ON,NOVEMBER 5,9586 A. PRECINCT: 085 B. P' ' 'CT CODS C. WARD:QQ D. MUNICIPALITY: E, COUNTY:SCOTT F. CONGRESSIONAL DIS -ICT:2 G. LEGISLATIVE DISTRICT: 35B NUMBER OF BALLOTS ' CE D FROM CLERK /y.. O ************************************************************************ H. NUMBER OF PERSONS REGISTERED AT 7AM 1 . 425 ' I . NUMBER. OF NEW REGISTRATIONS AT THE POLLING PLACE ON ELECTION DAY 16,5' ************************************.*********************************** J . NUMBER OF SIGNATURES ON THE POLLING PLACE ROSTER. . //41-/ ( INCLUDE NEW REGISTRATIONS) K. NUMBER OF ACCEPTED REGULAR. MILITARY AND OVERSEAS ABSENTEE BALLOTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 470 + L. NUMBER OF ACCEPTED ABSENTEE BALLOTS FROM VOTERS ENTITLED TO VOTE FOR FEDERAL OFFICES ONLY. ICLUDING FEDERAL WRITE-IN BALLOTS. . . . . ..• d M. NUMBER OF ACCEPTED ABSENTEE BALLOTS FROM VOTERS ENTITLED TO VOTE FOR PRESIDENT AND VICE PRESIDENT n N. TOTAL NUMBER OF;PERSONS VOTING IN THE PRECINCT I eg© L (ADD; J + K + L + M = N) ************************************************************************ O. NUMBER OF COMPLETELY BLANK BALLOTS IN THE BALLOT BOX. . . . . , . # BLANK P. NUMBER OF COMPLETELY DEFECTIVE BALLOTS IN THE BALLOT BOX ( identifiable marks only) . . , • # DEFECTIVE Q. NUMBER OF SPOILED BALLOTS • IN THE SPOILED BALLOT ENVELOPE # SPOILED NUMBER OF REMADE BALLOTS IN THE REMADE BALLOT ENVELOPE. . . . . . . . #" RE R. NUMBER OF UNUSED BALLOTS RETURNED TO COUNTY AUDITOR. . . . . . . . . . . . . , • • • # UNUSED.BALLOTS (ORIGINAL AMOUNT''OF BALLOTS RECEIVED ZEOM THE COUNTY AUDITOR, MINUS LINES S & Q = R) 000 /23 00/..2 V© J/+'�AV ! ©© 0/X 3a , �sw nFaNr`gt&s. N �� .a 9!�7 i6T DISTRICT OURT Low SEAT 28 11270001 N 1UO 792 83� �� �] �~ - �y 81279999 WPI , ' ^ ~ ` ' ~ ^ ` ^ ` ` ^ ^ ` ^ ^ ~ ^ ' ' ` ' ` ' ' ' ' ` ^ ' ' ^ ' ^ ` ^ ` ^ ^ ` ~ ^ ^ ~ ^ Tota] Vutes Cast \2�3 Num"er Under Vntcs 402 33. 41� Nnmber Dvpr Vxtps 0 . 0� SHAKDPEE QU:STION YES 662 55. 02� NO 513 42' 64� ^ ~ ^ ~ ^ ~ ^ ^ ^ ~ ^ ' ^ ~ ^ ^ ~ ` ` ~ ^ ^ ~ ^ ` ^ ^ ^ ` ^ ^ ' ` ^ ` ~ ^ ' ^ ^ ^ ^ ^ ^ Total Votes Cast 1203 Number Untier Votes 27 2.24� Number Over Votes 1 . 8� SHAKQPEE QUESTION 2 YES 833 69.24% NO 343 28.51% ^ ` ^ ^ ^ ` ^ ^ " ^ ~ ^ ^ ^ ^ ^ ~ ^ ~ ^ ^ ^ ^ ^ ^ ` ~ ^ ^ ^ ^ ^ ^ ^ ` ^ ' ` ` ` ^ ~ ^ ^ Total Votes Cast 1203 Number Under Votes 24 1.99% Number Over Votes 3 .24% SHAK8PEE SCHOOL BOARD MEMBER 5 YR. < Elect 2) JESSICA A. ^ GEIS 553 22.98% BOB LOONAN 431 17.91% RON SOLSETH 227 9.43% ANNE HElMKES TUTTLE 554 23.02% 5 .20% . . . . . . . .. .... . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . Total Votes Cast 2406 Number Under Votes 632 26.26% Number Over Votes 4 . 16% SHAKOPEE SCHOOL BOARD MEMBER 3 YR. LORI GILLICK 472 39.23% SEAN LAUGHLIN 160 13.30% STEVE SCHNEIDER 360 29.92% 6 .49% Total Votes Cast 1203 Number Under Votes 198 16.45% Number Over Votes 7 .58% TOTAL BALLOTS CAST 1203 TOTAL TYPE 1 BALLOTS 1203 STATE OF MINNESOTA CITY OF SHAKOPEE AFFIDAVIT COUNTY OF SCOTT OF POSTINGNOTICE OF CITY OF SHAKOPEE ELECTION AND SAMPLE BALLOT I, the undersigned, being the duly qualified and acting City Clerk of the City of Shakopee, Minnesota, hereby certify and affirm that on the a y .A day of October, 1996, I caused to be posted at each of the polling places within said City two notices of election, a true and correct copy of which is hereby attached and marked Exhibits B and C, said places of posting being as follows : P-1 Fire Station, 334 West 2nd Avenue P-2 Public Library, 235 South Lewis Street P-3 Presbyterian Church, 909 South Marschall Road P-4 Thrift Shop, CR 16 and CR 83 P-5 Youth Building, 1121 West 11th Avenue P-7 Faith Lutheran Church, 150 West 130th Street P-8 Calvary United Methodist Church, 2488 East Vierling Drive I further certify that I caused the sample ballot attached hereto as Exhibit A to be posted in said places of posting being as follows: P-1 Fire Station, 334 West 2nd Avenue P-2 Public Library, 235 South Lewis Street P-3 Presbyterian Church, 909 South Marschall Road P-4 Thrift Shop, CR 16 and CR 83 P-5 Youth Building, 1121 West 11th Avenue P-7 Faith Lutheran Church, 150 West 130th Street P-8 Calvary United Methodist Church, 2488 East Vierling Drive on the Y e1 day of October, 1996 . WITNESS my hand and the official seal of the City this a Y day of P1 ,ty» , 1996 . 1 (SEAL) • > City aftivLi City of Shakopee, Minnesota S •-cribed and sworn to anc4_. s-aled before me this 02day of October, 1996 . �' Bem4 g dNtfaIsll y' , NOTARY PUBLIC MINNESOTA :K� s>. MY COMMISSION EXPIRES i-- 71141/Z .,,„,,. JANUARY 31,2000 ot1ry Pu, i [ELECTION.AFF] AFFIDAVIT OF POSTING I, Judith S. Cox, City Clerk of the City of Shakopee, Minnesota, do hereby swear that I did post the notice of special election for November 5, 1996 on the bulletin board at city hall, 129 Holmes Street South. Said notice was posted on October 10, 1996 for the following question: Shall the City Council be allowed to issue five"on sale" licenses for the sale of intoxicating liquor at retail in excess of the number now permitted by law? �A . (7K. SEAL STATE OF MINNESOTA ) ss COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this// day of October, 1996, by Judith S. Cox. a*.•., Beastly a. Getatat f:,"A NOTARY PUBUC MINNESOTA Nota Pu C, �-,�u•* MY COMMISSION EXPIRES Notary �.;,;:•� JANUARY 31,2000 My Commission Expires //.4./A )�X� COLta .?"-5 & AFFIDAVIT OF POSTING I, Judith S. Cox, City Clerk of the City of Shakopee, Minnesota, do hereby swear that I did post the notice of special election for November 5, 1996 on the bulletin board at city hall, 129 Holmes Street South. Said notice was posted on October 10, 1996 for the following question: Should the City of Shakopee issue and sell its general obligation bonds in an amount not to exceed $3,400,000 to finance the acquisition, construction, and equipping of a new fire station? nitud ' , SEAL STATE OF MINNESOTA ) ) ss COUNTY OF SCOTT ) 71 The foregoing instrument was acknowledged before me this// day of October, 1996, by Judith S. Cox. stNOTARY PUBUC MINNESOTA 4A`� 1 2n, MY COMMISSION EXPIRES '�;f' /Y q��MMf • JANUARY 31,2000 Notary P, lic, My Commission Expires /31 U 3 e( AFFIDAVIT OF POSTING I, Judith S. Cox, City Clerk of the City of Shakopee,Minnesota, do hereby swear that I did post a san_igtbalipt for the special election for November 5, 1996 on the bulletin board at city hall, 129 Holmes Street South. Said sample ballot was posted on or before October 10, 1996 for the following questions: Shall the City Council be allowed to issue five"on sale" licenses for the sale of intoxicating liquor at retail in excess of the number now permitted by law? Should the City of Shakopee issue and sell its general obligation bonds in an amount not to exceed $3,400,000 to finance the acquisition, construction, and equipping of a new fire station? (Th SEAL STATE OF MINNESOTA ) ) ss COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this // day of October, 1996, by Judith S. Cox. pt TA sway �/ �'V14W hF.r.i i ;I NOTARY PUB MINNESt:- ' .k>W� �J �✓jam/y�� wF-� •; MY COMMISSION EXPIRE- 4,;,'," .,,,,,..a` JANUARY 3L 2000 Notary PuDihc, My Commission Expires///,2O Affidavit of Publication Southwest Suburban Publishing 1 NOTICE OFSPECIAL ELECTt(t4°s°' tot' aCITYOF�S KOP F ' 1 ,scan:COUNTY: iRQES a .' Y , o`t10EIs EREBYG1VE f`Ut a "r. State of Minnesota) i spe�telectionwillbeheld)B1 111'f6S t )SS. nir City of Shakopee,Scott County,'Mipn - ';sata,OWTaesday,'the5thday'of Novel'iCounty of Scott ) 'ber, 1996„at which time the follo g'' • proposition will be submitted to'thet r eprs, thecity for tlieir approval re ec ' Stan Rolfsrud,being duly sworn,on oath says that he is the publisher or the authorized agent of hots' est „,s''' i "m. n'" n " tB the publisher of the newspapers known as the Shakopee Valley News,Jordan Independent,Savage ' 4,,, ,1 he.,t'iity„, .,cilbe. ,,,,„, `s' Pacer and Prior Lake American,and has full knowledge of the facts herein stated as follows: is ueY t n iale icenses fo th'as a of ` � ,J_y1R �, � „� (A)These newspapers have complied with the requirements constituting qualification as a legal infdift+'fhn ihioorit ietazl AT.-': I the um r now tted b aw ' 4 newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as ,� �� , lY .•• cx amended. ' .� )A '�"� '44 '�' ''ek.ti.:* �'p �g� ,,,,e;t•';`, (B)The printed public notice that is attached to this Affidavit and identified as No. t: .9 °j� ,,, was published on the date or dates and in the newspaper stated in the attached Notice,and said i' o s, �' Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of Precinct 1,Fire Station,334 SUV 2nd the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z,both ,. " inclusive,and is hereby acknowledged as being the kind an. ize of type used in the composition Precinct 2,Sbakope'ubhc Library,, and publication of the Notice: 235 S. wis Rt. .. .•� Precintf 3,Prb ntpa'1,7.1 abcdef hi klmno rstu Marschall Rd { ';X ' :•'- ' " g J P9 Pict 4; agle Creek Town '�o / Rd 831'06 ,i ir a, '2d 5 i41i u c Pr Iinet5,`Comu►umty'YouthrUi c ' B /" - _ i 1121 W 11th Ave t' } ` vor y' Creek' Stan Rolfsrud, eneral Manager Precinct 6,Eagle Town t1a' o Rd 83&`16 ' 'Ii ''-'''7 'n.3t*' or his designated agent ` Precinct 7,Faith Lutheran Church,'150•t"' W.,130th St: -c> art.; Subscribed and sworn before me on Precinct 8,Calvary United Methodist '1 B Church,2488 E.Vierling Drive''"' The polls for said election`wills be open at 7:00 a.m.and will remain open t' this// day ofZ1996 N M. RADUENZ until closing at 8:00 p.m. ''�` '(e 144'4"3"' NOTARY PUBLIC—MINNESOTA Any qualified registered voter of the'` , . MY COMMISSION EXPIRES 1-31-00 City of Shakopee is entitled to vote at said'' S:1-7"...4 'election,and any resident of the_Cit i notpreviously registered as a voter may reg- , ���'�' ister on election day. - ' Notary Public BY ORDER OF THE CITY COUNCIL' Judith S.Cox,City'Clerk a_ Dated:October 11,1996 ' ,(Published in the Shakopee Valley News on Thursday,October 17,1996;No.9912) RATE INFORMATION Lowest classified rate paid by commercial users for comparable space $11.00 per column inch Maximum rate allowed by law for the above matter $11.00per column inch Rate actually charged for the above matter $7.67 per column inch 1X ) IU , ± Y 2a''‘ ') _) Affidavit of Publication iiqi'e,w • • `�m.� Southwest Suburban Publishing �� 0 y Q�6 #)„Non l? , :4 II el 4,'a special % e�, �iyyY�y� �', •special e B„f l l l 1 1 d>�i"theor: Cityofsh' .t..y`n `' ifnet,. State of Minnesota) sous,qi1, :...# I fid'tt IV Ober, 1996, t. boh :'le`0theg ollo\'ii '� ? )SS. aproppsitioti .f r 1 bnti ed teOliebdtg;A era of tit C t �, 1 yaftilti l 1 County of Scott ) vtion ,%-u, i, , "' crxltaA int ma 3 Should tete Ci tof1Shakopiee little Afa and sell ts'gene l061 ation bonds iII tui ii% Stan Rolfsrud,being duly sworn,on oath says that he is the publisher or the authorized agent of "amount liot • x • ' 1400,000 tto'f'JQ the publisher of the newspapers known as the Shakopee Valley News,Jordan Independent,Savage 'I?nance,,the '�!.' '..'I' shtrut4ton,'atnd,JF Pacer and Prior Lake American,and has full knowledge of the facts herein stated as follows: " 0t 'talion? ,...d.„0 (A)These newspapers have complied with the requirements constituting qualification as a legal 4' `f. m 7-4. 1l newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as f�. tali 'E3 amended. , ' '• I •laces for i :i edh3ns' °1�'8re tta '\''3,a� S.k : E$A a to n419Y t , (B)The printed public notice that is attached to this Affidavit and identified as No. 9j/ " '' ..34� tnda 'io was published on the date or dates and in the newspaper stated in the attached Notice,and said t .Ave ,41 s ,.', 'h` ' ' °14.tiLl-af Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of * n aic b aYy,�^1- ,_J the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z,both f L e, ,k b"g e4. 14S'VIA inclusive,and is hereby acknowledged as being the kind and size of type used in the composition �, I Vlittrclt'i9g9fri'xa3II and publication of the Notice: .140*.inalibi 4,'7:., ' «z�i 'n� l I ah ; 1 ,,e ° ' 1`llowtn Co abcdefghijklmnopgrs 1 �1td yo�k�y''''' v, �i�C2�e�.7T SictPliaiJ., ,11 11 111 j oath Midi g, .E.. 1121 V:1 thAve:•»t4 •so#� }8,azr„<i a•t> i � aaps pn � - C> ' b ni Ha11,{Ccc c..t By: PRdd 83,E 46,' '' a' -� } 401, olg is-' Y Stan "fsrud,General Manager iiitg 1 j ,I th thtirch,,itso o..-t or his designated agent mW 130t11'St," 4' I TAcIn #•A't v o , Precinct$,Calvary United Methodist`xt.''til Subscribed and sworn before me on Church,24$8 B Viorling'Drive =i,; 1 The polls fo° ?saidielect'onwill be iv open at 7:00 .'.afict will remain open :i f assvntil clo, 1 at$. )pS . i t :*}-:a , v r j this/ / day of 6.11-49-1-64), 1996 .Any' ' egfitered voter of the .51 Ci of Shako 1 �„ GWEN M. RADUENZ City pee'aentitletltovoteatsaid},,1 "lac— NOTARY PUBLIC—MINNESOTA --Election,and any resident of the City of1 ,• MY COMMISSION EXPIRES 1-31-00 ?grevio»sly Vigistet'ed e4 n voter may mg pistei ai''eliotrc'i'V N'xs42,":1 ldie-A-e--2-127dlite--41 r13Y ORDEtt O CITY COUNCIL , Notary Public ���%�� Judith S.Cox,City Clerk Bated:October 11,1996 (Published in the Shakopee Valley News ='anThursday,October 17,1996;No.9913) RATE INFORMATION Lowest classified rate paid by commercial users for comparable space $11.00 per column inch Maximum rate allowed by law for the above matter $11.O0per column inch Rate actually charged for the above matter $7.67 per column inch n 0 r, 0 - 0 0 0 0 C CI 0 j 0' 0 0 0 0 0 u 0 3 0 0 ; „,..i.,;13.: � _ ` L L L .rOrV c?vD t� 1e OG a0. aN;•1i,d 77 N1 H s S C1-I' 09 ay i°p' �2 1e* 09 O' G9 mx S 00 ap .-e,- t':a. m <IIOC) :i �'• x • D D t'4S FO RS --4 .O D = mez E's 'T i-f0 122 r. i '• r FO tm ;..0 O 2274 'C n 7k "2�. ;` •<.tr. 23.5= < i0 ice.no !3 3C ip £Di0 E_ s 9 o L.F. > GLi a2 r.£34,0 -. m m 0 Z C- O CC < 32 m tm 3 G Cr r <�-32 �m -i = OC •rNGmC-1 �m-30 ?' rti CZ" „7. �.- 6 �mv� 1� ENDrm-•9 $y "O [o "0m !p Lm r 2 = a9 r.''L O D 9<�0�'F� 21 O > .)`F.x: : _ i53 _A. =m N.� 'a £N 90l O e� x 'vH,�9 = <zgD !^ oD oT :DFS vDrD L24Dyu-� A'` 'Y��Tm O n �, 2 7 +Z2 m _ -y t° S. 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O a o p o - m n i p m'O � _ m C 0 r, IST .. __.o �m o,• c < c3c7m 0c -o f rz - -:.16....,;,,,. ,t:.a.m o. m m 2R<3 m m-m m a o<- m '11 _ f r.:.. `r. s"�, yw>3 ,:,.9 m Z 5... J Z ` 5c 5 �SZFbycpoywV7 n Cn o cr 'II VFG, N O°'27 p "'.0 'C 0 0 , 41& ..• 0-< << c 0 w w C. C> K7 ,�1-.‘. a- )5, " "' 'b ti (9 1G��yy'=-...My O L'.p b .wPPO.r 'J N K'�•1 G -k C/) �' �� a � a ��oa &i CD - E 0 oco� .pG owC"r,co V) 7 C t o..c_c.0 m...: ......,,.,,7,,, za0.. 0 M = > s. ° o aa„bA5 :5:77 S. oo N WPI • p wawa omap C t :1 ' c'°"<v=" - a.o o n,^ w a �p o 0. Da ~�ro O 2D 0' � \rc O pw C b ° �< w � wF.° omg V a c i t 0 P 0 cn-, E., III 0a'No •w ry '0"D W2 ,:°... � 0 0p a. J ° '► �, co . CC� 'D Et o ti 2 °O7 O " go p r°5'O ` P' p (D � O O C _ (n< Z ti C ' '-n L' N'G p , Cl) Z CO • a..,' p O ' z '�p�n 'O ✓,c' �. X 37 �. hit9 % Hiti fD co 4' w -,p2 w p, ° N n.yv E w E m°cc° • 4N CM A, 0 . co < p D CD 0aro °-'O " w as w 0 s -�'c ' l x 3 ( Xhloll RESULTS OF CITY ELECTION NOVEMBER 5, 1996 Question#1 Question#2 Five additional liquor licenses Sell $3,400,000 bonds for new fire station YES NO YES NO Precinct 1 483 382 628 246 Precinct 2 457 324 547 240 Precinct 3 593 540 766 369 Precinct 4 364 303 415 260 Precinct 5 713 540 885 383 Precinct 7 390 233 410 209 Precinct 8 662 513 833 343 TOTAL 3,662 2,835 4,484 2,050 Total Voters: 6,700 Total Registered Voters: 9,223 Voter Turn Out: 73% RESOLUTION NO. 4555 A RESOLUTION DECLARING RESULTS OF SPECIAL BOND ELECTION BE IT RESOLVED by the City Council of the City of Shakopee,Minnesota,that it is hereby found and determined that at the special election held in and for said City on November 5, 1996,upon the following question: Should the City of Shakopee issue and sell its general obligation bonds in an amount not to exceed$3,400,000 to finance the acquisition, construction, and equipping of a new fire station? There were cast a total of 6,700 votes, of which 4,484 were in favor of the aforesaid bond issue, and 2,050 were against the same: 3 ballots were defective or blank;and the bond issue in question is hereby declared approved. Adopted in Regular Session of the City Council of the City of Shakopee held this 6th day of November, 1996. Mayor of the City of Shakopee ATTEST: City Clerk RESOLUTION NO. 4556 A RESOLUTION DECLARING RESULTS OF SPECIAL ELECTION BE IT RESOLVED by the City Council of the City of Shakopee,Minnesota,that it is hereby found and determined that at the special election held in and for said City on November 5, 1996,upon the following question: Should the City of Shakopee be allowed to issue five "on sale"licenses for the sale of intoxicating liquor at retail in excess of the number now permitted by law? There were cast a total of 6,700 votes, of which 3,662 were in favor of the aforesaid question, and 2,835 were against the same: 3 ballots were defective or blank;and the liquor license issue in question is hereby declared approved. Adopted in Regular Session of the City Council of the City of Shakopee held this 6th day of November, 1996. Mayor of the City of Shakopee ATTEST: City Clerk CITY OF SHAKOPEE �� i i. 1 . Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Blocks 3 &4 Demolition Specifications Contract DATE: October 31, 1996 INTRODUCTION: The Council is asked to award a contract for the preparation of demolition plans and specifications, including asbestos abatement for Blocks 3 & 4. BACKGROUND: Council previously approved the solicitation of plans and specifications for demolition-related work.for Blocks 3 & 4. This was after determining that the type of work to be done is very specialized, and that this could not be handled in-house by City staff. Request for Proposals (RFP)were solicited from four firms known to do demolition specifications. RFPs were received back from two. They were: TKDA Not to exceed $25,000 MSA Not to exceed $57,855 Staff has reviewed both proposals. They responded to the same written solicitation; MSA. included a large amount of demolition inspection than did TKDA,which lead to part of the difference in price. There is also a significant difference between the subcontracto 'doing the asbestos work. BUDGET IMPACT: As a project cost, this will be chargeable to the Blocks 3 &4 account. To date, costs incurred for this, including acquisition and relocation,have been paid out of the TIF master district. Once a contract is signed for redevelopment,bonds would be issued to repay the master district,with proceeds coming from the taxes that would be paid by the new development. RECOMMENDATION: TKDA.has done similar projects; we recommend the TK.DA be awarded the work. If approved,the schedule would be for the premises to be vacated by January 30th; asbestos removal during February and demolition to start by March 1st. This will allow for a groundbreaking in April. The project manager for the HRA concurs that this is a realistic schedule, and will coincide well with the design and bidding process. ACTION REQUIRED: If the Council concurs, it should,by motion, accept the proposal of TKDA for demolition plans and specifications for Blocks 3 & 4. V-4.1.4/11- UtiUtik Mark McNeill City Administrator MM:tw CC: EDA NOTE TO COUNCIL: In the interest of saving paper, only the items specific to Shakopee have been copied here; the RFP from MSA has not been copied. If Council has a desire to see either in its entirety, please contact the City Administrator. Demolition plans and specifications proposal for I .1 The CityofShakopee . . October 1996 Toltz, King, Duvall, Anderson & Associates 1500 piper jaffray plaza • 444 cedar street • st. paul, mn 55101-2140 II 11 PROJECT SCOPE A. PROJECT DESCRIPTION B. PROJECT APPROACH I I The City of Shakopee proposes to demolish certain buildings and structures on two one-half blocks of PRELIMINARY PHASE former retail/commecial properties in downtown Upon receipt of authorization to proceed with the Shakopee to make way for redevelopment of the Preliminary Phase,TKDA shall: property. The TKDA staff has visited the site and reviewed the project with the City staff members. Consult with OWNER to clarify and define the City's TKDA has prepared plans and specifications and requirements for the Project regarding time supervised demolition activities for many projects schedule and site preparation that should be similar in scope to the project. planned for. I TKDA and Legend Technical Services, Inc. are prepared to provide the City of Shakopee with Assemble and review available information regard- ing the existing structures, existing utilities, complete consulting services that will lead to the soils,contour and topographic features and other successful completion of this project. available pertinent information. I. Our proposal is based on the the following: Contact all utility companies which affect the I All buildings and structures shall be completely re- Project design and review proposed work with moved, including the foundations, footings and them. cement slabs. Piling, if any,will be left in place, II and cut off two (2)feet below final finish grade. Obtain and review plans of existing structures and to verify the location of pertinent existing Existing wells will be abandoned in place in accor- utilities. dance with applicable State ordinances. Conduct field survey to inspect existing structures 11 The site shall be rough graded so as to be compat- and to verify the location of pertinent existing ible with future development. utilities. INonessential utilities will be removed and termi- Conduct topographic survey of the site to define nated in accordance with the utility's standards. existing conditions ISuitable provisions shall be provided for dissipat- Review available data on wells. ing surface water from the site. Prepare preliminary method of demolition, site I Underground tanks shall be removed and disposed grading, etc. which will be compatible for pro- of off the site. posed site use. I Asbestos and PCB materials shall be identified. Determine and record which existing facilities if any and/or utilities if any should be salvaged for Services by City proposed development. I -Access to all buildings Prepare preliminary drawings and cost estimate information. - Designate one individual to act as the city's rep- resentative Review preliminary phase information with the City. I I toltz, king, duvall, anderson & associates 5 PROJECT SCOPE CONTINUED HAZARDOUS MATERIALS ASSESSMENT PRIOR contractors compliance with specified procedures TO BUILDING DEMOLITION and to collect air samples to verify compliance with NESHAP requirements. The Contractor is required Minnesota certified asbestos inspectors will survey to perform his/her own personal monitoring on a daily all the buildings on the site to identify materials sus- basis. pected of containing asbestos. Final clearance air sampling will be performed in Samples of materials suspected of containing asbes- accordance with NIOSH 7400A method in each tos which may include ceiling tile,fireproofing,acous- abatement area prior to releasing the building for ,.4 tic sprays, ceiling texture, thermal insulation, sheet demolition. Air monitoring will be performed by a vinyls, plasters, siding, and all hardboards will be Minnesota certified Contractor/Supervisor per state collected for analysis. Typically,from three to seven requirement. samples are collected of each visually different ma- terial to confirm the presence or absences of asbes- Contractor submittals including employee licensing, tos within the materials per the recent changes to medicals, personal air monitoring and waste mani- the Minnesota Asbestos Rules. fests will be collected and included in a final report Asbestos bulk samples are analyzed in our NIST for documentation purposes. • NVLAP accredited laboratory using Polarized light LEAD-BASED PAINT microscopy. Currently there are no regulations requiring the re- Materials determined to contain asbestos are quan- moval of lead-based paint prior to demolition of a tified and an estimate for asbestos abatement prior building. OSHA LEAD-IN CONSTRUCTION REGU- to demolition is prepared. LATION requires contractors's workers to be pro- tected against airborne lead exposure in excess of An inspection report will be prepared showing the the OSHA PEL during demolition activities. locations of asbestos containing materials within the buildings, their asbestos contents, and a cost esti- As there is no regulation requiring removal of lead mate of abatement. based paint prior to demolition,we are not including the costs for lead-based paint survey in this proposal. PREPARATION OF ASBESTOS ABATEMENT SPECIFICATIONS, PROJECT MANAGEMENT The OSHA requirements requiring for personal air AND AIR MONITORING monitoring for lead exposure during demolition ac- tivities will be addressed through specification Ian- The information obtained during the asbestos inspec- guage requiring the demolition contractor to perform tion phase of the project will be utilized to prepare personal monitoring to assess exposure to lead dur- asbestos abatement bid documents. ing demolition activities Asbestos abatement bid documents are prepared by OTHER HAZARDOUS MATERIALS INCLUDING a Minnesota certified Abatement Designer. The bid PCBS AND STORES HAZARDOUS CHEMICALS documents include drawings showing the locations of asbestos containing materials and text specifica- tions with procedures for personal protection, con- PCB containing transformers,electrical ballasts,etc. tainment, engineering controls, notification require- are required to be removed prior to building demoli- ments, documentation requirements and disposal tion. Additionally, any stored hazardous chemicals requirements. require removal prior to building demolition. Our ; asbestos survey will also include identification of any 1 Building demolition without rehabilitation does not suspected PCB containing electrical equipment and require daily outside air monitoring. Periodic visits an inventory of any stored chemicals found in the will be made during the asbestos abatement to verify buildings. toltz, king, duvall, anderson & associates 6 PROJECT SCOPE CONTINUED FINAL PLAN AND SPECIFICATION PHASE Perform a pre-final inspection of the completed Prepare plans and specifications for the demoli- Project, and as a result, prepare a punch list of tion. This package to include: items to be corrected. - Removal and grading plans Performa final inspection and advise the OWNER -Traffic and safety management plan Utility terminations whether or not to accept work as performed by -Asbestos and lead abatement requirements the contractor and the subcontractors. including air monitoring - Meeting with the city to review project ADDITIONAL SERVICES status(2) If authorized in writing by OWNER, TKDA shall furnish or obtain from others Additional Services These documents will include: of the types listed below which are not consid- ered as normal or customary services.Additional Definition of site limits,grading areas, and demo- Services shall be billable on an Hourly Rate lition limits. • basis as and such billings shall be over and above any maximums or lump sum amounts set forth Description of utilities to be salvaged or removed. in this Agreement. Plans and specifications shall include requirements Registered land or right-of-way surveys, right-of- for the removal of underground tanks if any. way mapping; plats; legal descriptions; land ap- praisals, negotiations and/or related services. Specifications of the abandonment of existing wells if any. Soil borings and any other sampling programs and associated laboratory tests for design purposes; Specifications of method of demolition,listing spe- field and/or laboratory tests taken during con- cific code requirements and disposal provisions. struction to determine compliance with the Con- Include provisions for crushing and storage of tract Documents. noncombustible material on the site. Preparation of applications and supporting docu- CONSTRUCTION PHASE - GENERAL SERVICES ments for governmental grants, loans or ad- During the Construction Phase, TKDA shall pro- vances in connection with the Project; prepare- , vide the following general services: tion or review of environmental assessments and impact statements;review and evaluation of the Make periodic visits to the site to observe progress effect on the design requirements of the Project and quality of the executed work, and to deter- of any such statements and documents prepared mine if the work is proceeding in accordance with by others;and assistance in obtaining approvals the contract documents;keep the OWNER's staff of authorities having jurisdiction over the antici- a informed of the progress. Fee for site obser- pated environmental impact of the Project. vation is based on an 40 hours of time during Additional compensation for on-site observation in demolition. excess of the 40 hours if directed by the city. Submit periodic reports to the OWNER covering Services resulting from significant changes in ex- the general progress of the job. tent of the Project or its design, including, but Review and approve the contractor's schedule of not limited to, changes in size, complexity, amounts for contract payments and certify par- OWNER'S schedule, or character of construc- tial and final payments to the contractor. tion or methods of financing;and revising previ- ously accepted studies, reports, design docu- • ments or Contract Documents when such revi- sions are due to causes beyond TKDA'S control. toltz, king, duvall, anderson & associates 7 FEE SCHEDULE SCHEDULE OF BILLING RATES SCHEDULE OF BILLING RATES TKDA Legend Technical Services, Inc. ii Classification Range of Billing Hourly Rates* Asbestos Inspector $45/HR 'f Asbestos Abatement Designer $65/HR Senior Registered Engineer or Architect Wordprocessor $40/HR $74.00 to$109.00 Asbestos Contrctr./Supervsr. $45/HR Engineering or Architectural Specialist Asbestos Bulk Analysis(PLM) $18/EA $45.00 to $ 89.00 Asbestos Air Sample Analysis $15/EA Registered Engineer,Architect or Land Surveyor Milage $.38/MI $42.00 to $ 80.00 Graduate Engineer,Architect or Planner $30.00 to$ 67.00 TKDA PROJECT FEES $15,370. Technician or Drafter LEGEND PROJECT FEES $ 9,630. $20.00 to $ 52.00 PROJECT NOT TO EXCEED TOTAL $ 25,000. In addition to the hourly charges, TKDA shall be re- imbursed at cost for the following direct expenses ',` when.incurred in the performance of the work: 1. Travel and subsistence 4 1 2. Computer services 3. Outside professional and technical services with ', costs defined as the amount billed TKDA plus 10% wt . 4. Identifiable reproduction and reprographic costs * Rates effective until December 31, 1996 t. Y = •wI t. toltz, king, duvall, anderson & associates 8 CITY OF SHAKOPEE iI• k. Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Setting Date - Workshop Meeting DATE: October 31, 1996 INTRODUCTION: The Council is asked to set dates in which to meet in a workshop settings to discuss personnel and budget issues, and also interview attorney firms. BACKGROUND: At its October 15th meeting, the Council indicated a desire to meet in a workshop setting to discuss whether a position specifically to deal with personnel issues, should be created. In addition, Finance Director Gregg Voxland reminds us that the Council still has to address the Enterprise Funds for 1997,to include refuse, sanitary, and storm. A worksession should be scheduled to discuss the budgets and any needed rate changes for 1997. This should be held in November, a calendar is attached. In addition, approximately 2 hours should be scheduled as a workshop in late November or December, so as to interview firms for the City Attorney position. The RFPs are not due back until November 8; in order to allow staff an opportunity to review, and notify finalists,that workshop should not be scheduled until November 25th or after. RECOMMENDATION: We recommend that separate workshop meetings be scheduled to discuss the personnel and budget issues, and interview attorneys. ACTION REQUIRED: If the Council concurs, it should, by motion, establish dates and times in which to discuss the above issues. Mark McNeill City Administrator MM:tw November 1996 Upcoming Meetings I Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 •cto. r �.� m. r SMTWTFS SMTWTFS 1 2 3 4 5 1 2 3 4 5 6 7 6 7 8 9 10 11 12 8 9 10 11 12 13 14 13 14 15 16 17 18 19 15 16 17 18 19 20 21 20 21 22 23 24 25 26 22 23 24 25 26 27 28 27 28 29 30 31 29 30 31 3 4 5 6 7 • 4:30 PM SPUC General Election 7:00 PM City 7:30 PM Planning Council Commission • 10 11 12 13 14 15 16 City Hall Closed 6:00 PM Cable Commission- Community Room 6:00 PM EDA 17 18 19 20 21 22 23 7:00 PM City Council 24 25 26 27 28 29 30 7:00 PM Park and 5:00 PM Special 6:00 PM EDA Thanksgiving- City Hall Closed Recreation- CC/Joint Meet- City Hall Closed Community ing w/Scott Center County Bd • Printed by Calendar Creator Plus on 10/25/96 December 1996 Upcoming Meetings I Sunday Monday TuesdayWednesday Thursday Friday Saturday I 1 - - 2 3 4 5 6 7 4:30 PM SPUC 7:00 PM City 6:00 PM Cable 7:30 PM Planning Council Commission Commission 7:00 PM Budget Hearings 8 9 10 11 12 13 14 6:00 PM EDA 15 16 17 18 19 20 21 7:00 PM City Council 22 23 24 25 26 27 28 7:00 PM Park and City Hall Closed Recreation- Community Center 29 30 31 lovem.•r'. anuary ' SMTWTFS SMTWTFS 1 2 1 2 3 4 3 4 5 6 7 8 9 5 6 7 8 9 10 11 10 11 12 13 14 15 16 12 13 14 15 16 17 18 17 18 19 20 21 22 23 19 20 21 22 23 24 25 24 25 26 27 28 29 30 26 27 28 29 30 31 Printed by Calendar Creator Plus on 10/31/96 // c CITY OF SHAKOPEE /�. �" Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Suburban Rate Authority Agreement Amendment DATE: October 31, 1996. INTRODUCTION: The Council is asked to approve a change to the Joint and Cooperative Agreement of the Suburban Rate Authority(SRA). BACKGROUND: For many years, the City has been a member of the SRA. This is a coalition of cities which was formed several decades ago to monitor utility rates and other activities of the large utility companies supplying services to the member cities -gas, electric, telephone, etc. There are 33 permanent members, and 13 temporary members. At its October 16th meeting, the SRA Board of Directors recommended a change in the joint powers agreement which relates to the determination of what constitutes quorums for meetings. This is found in Section 6.5 of the agreement. (For the purpose of saving paper, only the affected pages are included. Councilors desiring complete copies of the cooperative agreement should notify the City Administrators office, and copies will be provided.) RECOMMENDATION: We recommend that the amendments to the SRA Agreement be approved. ACTION REQUIRED: If Council concurs, it should,by motion, authorize the appropriate parties to execute amendments to the Amended Joint and Cooperative Agreement of the Suburban Rate Authority. rkk,AILIM Mark McNeill City Administrator MM:tw next legislative session. He noted that there is support for this legislation among a broad base of industry, utilities and state agencies. There is apparent opposition to this potential legislation by the Minnesota Municipal Utilities Association and Cooperative Power Association. The Board was polled regarding its interest in such legislation. The general response was a "wait and see" approach regarding the terms of any legislation at it may affect cities as customers and their residents. 10 . LOCAL TELECOM COMPETITION RULEMAKING: Mr. Strommen reported that the Commission is charged with determining appropriate rates that local telecom entrants, such as AT&T and MCI would pay existing local telecom providers like US West for use of the transmission facilities. There is serious dispute nationally between and among utilities regarding fair compensation for the use of the "incumbent' s" facilities by competitors. Mr. Strommen reported that the wholesale costs determined in these proceedings will ultimately have an effect on business and residential rates, to be determined by the PUC in 1997. To the extent population density and price of real estate are factors, a rate design reintroducing geographic distinctions in rates within the Twin Cities Metro area may be possible. The terms relating to these issues include geographic deaveraging, universal service, and rate rebalancing (US West' s desire to reduce business rates and increase residential rates) . The SRA will continue to monitor developments in these important matters. 11 . AMENDMENTS TO JOINT AND COOPERATIVE AGREEMENT AND BY- LAWS: Mr. Strommen distributed two substitute pages relating to temporary membership procedures and determination of quorums in sections 10 .4 of the By-Laws and Section 6 .5 of the Agreement. There was some discussion regarding the provisions generally, but no objections to the language. Mr. Winson asked about the enabling language allowing the SRA to negotiate power contracts on behalf of one or more SRA cities. Mr. Strommen and Mr. Kennedy emphasized that this enabling language (Section 6 .5 of the Agreement) would not -in any way bind a city not wishing to participate in such a longterm power contract. On motion by Mr. Keinath and seconded by Mr. Osberg the Board approved the changes in the Agreement and By-Laws . Each member representative should now present a clean copy of the Amended Joint and Cooperative Agreement to their respective city councils for approval and execution. This does not chancre the terms of the temporary membership offered to the new members. The By-Laws can be executed by the SRA secretary/treasurer following execution of the Amended Agreements. Representatives are urged to return the executed Agreement to the city of Columbia Heights prior to the annual meeting of the SRA on January 15, 1997 . JMS111678 3 SU160-3 Section 5. A change in the governmental boundaries, structure, classification or organization of a governmental unit does not affect the eligibility of a unit to become or remain a member of the Authority. VI. GOVERNING BODY: BOARD OF DIRECTORS Section 1. The governing body of the Authority is its Board of Directors. Each member is entitled to one director on the Board. Each director is entitled to one vote for each 5,000 of population or fraction thereof, as determined by the. official U.S. Census each decade, of the governmental unit represented by the director; provided, however, that each director must have at least one vote and no director may have more than 20 votes. Prior to December 31 of each year following the decennial census, the Secretary-Treasurer of the Authority must determine the population of each member in accordance with this section and certify the results to the chairman. Section 2. A director is appointed by resolution of the council of the members for a term of one calendar year. A director serves until a successor is appointed and qualifies. Directors serve without compensation from the Authority, but nothing in thissection is to be construed to, prevent a governmental unit from compensating its director for service on the Board if such compensation is otherwise authorized by law. Section 3. The Board, in its by-laws, may provide for the appointment of alternate directors and prescribe the extent of their powers and duties. Section 4. Vacancies in the office of director will exist for any of the reasons set forth in Minnesota Statutes,section 351.02,or upon a revocation of a director's appointment by a member duly filed with the Authority. Vacancies are filled by appointment for the unexpired portion of the term of director by the council of the member whose position on the Board is vacant. > Section 5. A majority of the votes of the Board of Directors constitutes a quorum, but a smaller number may adjourn from time to time. The votes of temporary members authorized by DJK109900 3 SU160-3 Article IV, Section 4 are not to be considered in determining the presence or absence of a quorum of the Board. VII. MEETINGS: ELECTION OF OFFICERS Section 1. A governmental unit may enter into this agreement by resolution of its council and the duly authorized execution of a copy of this agreement by its proper officers. Thereupon, the clerk or other appropriate officer of the governmental unit must file an executed copy of the agreement and a certified copy of the authorizing resolution with the finance director of the City of Columbia Heights,Minnesota. The resolution authorizing the execution of the agreement must also designate the first director for the governmental unit on the Board. Section 2. This agreement is effective on the date when executed agreements and authorizing resolutions of the governmental units presently members of the existing Suburban Rate Authority have been filed as provided in Section 1 of this Article. Section 3. Within 30 days after the effective date of this agreement, the mayor of the member having the largest population must call the first meeting of the Board of Directors which must be held no later than the date of the.next regularly scheduled quarterly meeting of the Authority. Section 4. The first meeting of the Board will be the organizational meeting of the Authority. At the organizational meeting, and at each annual meeting thereafter, the Board must select from among the directors a chairman, a vice-chairman, and a secretary-treasurer. Section 5. At the organizational meeting, or as soon thereafter as it may reasonably be done, the Board must adopt by-laws governing its procedures, including the time, place, notice for and frequency of its regular meetings, procedure for calling special meetings, and such other matters as are required by this agreement. The Board may amend the by-laws from time to time. The Board must meet at least once each year and on such other dates as may be provided in its DJK109900 4 SU160-3 DJK110121 S11160-3 . CITY OF SHAKOPEE Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Vernice Takumi,Accountant SUBJECT: Copy Machine Purchase DATE: October 31, 1996 Introduction and Background: For several months the old main copy machine had been breaking down at an unacceptable rate. In September you received approval from City Council to pursue the purchase of a new copy machine. Although the 96 Budget does not include the purchase of a copy machine there will be money left over in compensated absences in the Administration Department to pay for the machine. Toni Warhol, Shelly Baeyen, and I have been looking at various machines,talking to many sales reps., and comparing the features of all machines. We have been able to get CDP(the service company of our old copy machine)to exchange the old machine with a more reliable machine(a refurbished Canon 6060 with only 140,000 copies on it)free of charge. This machine was installed on October 21 and seems to be working fine so far. It seems the police department will also be getting a replacement(free of charge)from their service company,Denney(thanks to a sales rep we were dealing with). We intend to use the old Litton Royfax Bond Copier- 115 located in the Youth Building(it does not work)as a trade-in. This way we will actually get some money for it instead of paying to have it hauled away. We also intend to retain the Canon 6060 as a backup machine and give the old Sharp to the Recreation Center. CDP has offered to reduce their service contract fee to$1,080.00 per year based on 5,000 copies per month,if we purchase a new main copy machine. We found a couple machines that would serve our needs very nicely. Alternatives: 1. A refurbished Sharp 3062(only 1 year old)from D.C. HEY($12,614.93 including trade in)with service and supplies contract at.0116 per copy(at 30,000 copies per month that is$348.00 per month). Total cost over 3 years=$25,142.93 2. A refurbished Sharp 3075 from Devney($12,247.50)with service and supplies contract at.0075 per copy(at 30,000 copies per month that is$225.00 per month). Because this machine requires a 220 volt power supply,Devney has agreed to reimburse us for the installation(quote received from Ries Electric for 263.75). Total cost over 3 years=$20,347.50 3. A refurbished Sharp 3062 from Devney ($ 14,904.68) with service and supplies contract at .0077 per copy ( at 30,000 copies per month that is $231.00 per month). Total cost over 3 years = $23,220.68 Recommended Action: Recommend alternative number 1. Although Devney has the best price I am concerned about service, as their main office is located in Mankato. I have received a list of references from D.C.HEY and talked to users of the Sharp 3062 at the cities of Mound, Rosemount, and Prior Lake. All have been very happy with both the copier and the service received from D.C. HEY. We also know that the machine we would be getting from D.C. HEY is only 1 year old; we do not know how old the Devney machines would be. Action Requested: Move to purchase refurbished Sharp 3062 from D.C. HEY as requested in number 1 above, and notify CDP to reduce our service contract on the present machine to the 5,000 per month level when the Sharp is installed. )1 6. e. CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: City Administrator - Dues Reimbursement DATE: November 1, 1996 INTRODUCTION: Council has asked to authorize payment for reimbursement of $75 in dues for Shakopee Rotary Club membership. BACKGROUND: The Employment Agreement with the City Administrator states the following: Section 10, Civic Club Membership - The City recognizes the desirability of the City Administrator' s participation in local civic and other community organizations . Payment for the dues and other expenses thereof by the City must be approved in advance by the City Council . So as to keep in good standing with Rotary, I have paid the pro- rated dues for my annual membership, and seek reimbursement at this time . Council should also indicate whether it wishes to review this on an annual basis, or if one approval given at this time will suffice for a renewal of memberships in future years . ACTION REQUIRED: If the Council wishes to reimburse, it should, by motion, authorize payment of $75 to the City Administrator as reimbursement for dues to Shakopee Rotary, as provided in Section 10 of the Employment Agreement . It should also indicate whether it wishes to revisit this on an annual basis . Mark McNeill City Administrator MM:bjm l3 CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Labor Negotiation Status DATE: November 1, 1996 INTRODUCTION: At the end of the City Council meeting on November 6, a request will be made to go into closed session for the purpose of discussing labor negotiation strategy. 11 V1A���;tQ9 Mark McNeill City Administrator MM:bjm