HomeMy WebLinkAbout01/07/1997 TENTATIVE AGENDA
CITY OF SHAKOPEE
REGULAR SESSION SHAKOPEE, MINNESOTA JANUARY 7, 1997
LOCATION: 129 Holmes Street South
Mayor Jeff Henderson presiding
1] Roll Call at 7:00 P.M.
2] Approval of agenda
A. Review of Consent Items
3] Liaison reports from Councilmembers
4] Mayor's report
5] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS
*6] Approval of minutes: December 3 and 9, 1996
*7] Approve bills in the amount of$486,572.25
8] Communications
9] Public hearings - none
10] Recommendations from Boards and Commissions
A. Shenandoah Place Planned Unit Development No. 10 located south of Eastway
Ave. extended and west of Shenandoah Dr. extended - Ord. 469 -tabled 12/17
*B. Amending City Code for over-size accessory structures in Rl-C zone - Ord.
No. 470
11] General Business
A] Park and Recreation
B] Community Development
*1. Part II Minnesota Investment Fund Application on Behalf of ADC -Res. No. 4593
2. Waiver of Fees for Non-profit and Religious Organizations
3. Amendments to Suburban Transit Association Agreement -Res. No. 4596
*4. 1997 Electrical Inspection Agreement
5. Moratorium on the Siting of Sexually Oriented Businesses - Ord. No. 471
TENTATIVE AGENDA
January 7, 1997
Page -2-
11] General Business continued
C] Engineering
1. 1996 Street Reconstruction Project No. 1996-2 Change Orders
2. Accepting Appraisal for Trunk Sewer"SS-H" Easements, 1996-6 & 1996-9
3. Amending Assessments for CR-16 Sewer and Water Services,
Project 1994-11 -Res. No. 4594
*4. Release of Easements Within Samantha Woods Addition
5. Street Reconstruction Versus Street Overlay- discussion
D] Police and Fire
E] General Administration
1. Designation of Official Newspaper
*2. Release of Letter of Credit for Milwaukee Manor 2nd
*3. 1997 Liaison/Related Appointments
*4. ICMA Deferred Compensation Plan-Res. No. 4591
*5. USCM Deferred Compensation Plan -Res. No. 4592
*6. 1997 Workers Compensation Insurance
*7. Apportionment of Special Assessments for Prairie Village 1st Addition
8. Personnel Actions
a. Adopt job description and amend 1996 Pay Plan for Payroll/Benefits
Coordinator
b. Amend 1996 Pay Plan for EDA Coordinator and Assistant to the
City Administrator - Res. No. 4602
9. City Council Meeting Procedures
10. Discussion of Policy for Employee Recognition Plaques
*11. Designating Acting City Administrator
*12. Designating Acting City Clerk
13. 1997 Non-Union Play Plan - Res. No. 4595
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, January 21, 1997 at 7:00 P.M.
*Anticipated to be routine items.
OFFICIAL PROCEEDINGS OF THE CITY COUNCIL
REGULAR SESSION SHAKOPEE, MINNESOTA DECEMBER 3, 1996
Mayor Henderson called the meeting to order at 7:00 P.M. with Councilmembers Jane DuBois,
Burl Zorn, Robert Sweeney, and Cletus Link present. Also present: Mark McNeill, City
Administrator; R. Michael Leek, Community Development Director; Bruce Loney, City
Engineer/Public Works Director; Gregg Voxland, Finance Director; Judith S. Cox, City Clerk;
and Jim Thomson, City Attorney.
The following item was deleted from the agenda: l le.l i) EDA Compensation
The following item was added to the agenda: 12a) Truth in Taxation discussion.
Zorn/Sweeney moved to approve the agenda as modified. Motion carried unanimously.
Liaison reports were given by Councilmembers.
The Mayor had nothing to report.
Mayor Henderson asked if there was anyone present in the audience who wished to address the City
Council on any item not on the agenda. There was no response.
Sweeney/Zorn moved to approve the November 16, 1996 Minutes. Motion carried unanimously.
Zorn/Link moved to approve bills in the amount of$197,863.05. Motion carried unanimously.
The public hearing on the proposed special assessments for C.R. 16 Sanitary Sewer and Water
Services, Project No. 1994-11 was continued.
Cncl. DuBois announced she would be abstaining from the discussion and vote.
Bruce Loney explained that the public hearing was continued in order to allow staff to re-calculate
area changes and the assessment roll on various parcels due to changes. The revised assessment roll
was provided for Council's review. The trunk assessment rate increased overall for segment I by
6.1%. There was also a change of 8.19% to the lateral sewer assessment. There were acreage
changes to segment 2. All acreages were verified with the County which resulted in an overall rate
increase of 2.32%.
Staff was previously directed to investigate other alternatives for funding to reduce assessments.
Mr. Loney explained that there are no funds available unless they are taken from funds for Blocks 3
and 4. He said that of the 23 parcels that have objected to their assessments, 17 have on site sewer
and water systems. Mr. Loney suggested reducing the assessment to these parcels due to a residual
value of existing systems. He recommended reducing the assessments $3,000 per system for a total
Official Proceedings of the December 3, 1996
Shakopee CityCouncil Page -2-
of$51,000 to be paid for from the Sanitary Sewer fund. However, this was only recommended if
the property owners agreed in writing not to appeal their assessments.
Mr. Loney said staff had researched sewer and water assessments of nearby communities and that
Savage has tentatively reached an agreement with property owners for sewer and water assessments
of $12,000 per lot. He said the City of Savage also does maintenance inspections of the systems
prior to projects and incorporated that data into a benefit analysis appraisal to support assessments.
Mr. Loney recommended looking at the possibility of an inspection of some type to determine
values.
In response to a question as to the time line when a system fails inspection to meet compliance, Mr.
Loney said this is the current controversy with the County Ordinance. This is a highly susceptible
area to ground water contamination and a system failing would have a high replacement time table.
A discussion ensued regarding assessment changes and the appeal process.
Mayor Henderson asked if there was anyone present in the audience who wished to address the
Council on this issue.
David Sassaville approached the podium and said he had sent a letter stating his observations and
evaluations of Mr. Loney's assessment proposal. He said the real measure of assessments is what
increase in value the assessments have to benefited the properties. He said all assessments had
increased 6.7% based on the revised assessments. He said the proposal was not acceptable and the
property owners are looking for a greater measure of relief than offered. He said if the Council
does not significantly abate the assessment the alternative is to go to court and said he believed the
property winners would get significant concessions from the court.
Don Reed, 1833, 10th Avenue, approached the podium and said he still could not build or do
anything with his pie-shaped property. He asked how the value could be increased when he pays
$76.00 a year in taxes. He asked for an accounting of the costs of dynamiting and who authorized
those costs. Mr. Reed suggested that the City and County physically look at his property.
Mayor Henderson explained that Barbarossa did not go over their bid and said the difference was
between the original feasibility report and the bid.
Mr. Loney used a map to show the location of Mr. Reed's property and explained that an access
problem exists between two parcels which have different PID numbers due to a section line that
divides the two properties.
Mr. Reed said he did not object to the $11,000 or the curb and gutter charges. However, he did
object to the $4,000 assessment for the pie-shaped property.
•
Official Proceedings of the December 3, 1996
Shakopee City Council Page -3-
Dave Leivestad, 1897 Eagle Creek Blvd., approached the podium and explained that he owned the
property next to Mr. Reed. He said he was also assessed $4,000. He said it was his understanding
that a charge of$1,000 for hook up would be taken out of the $4,000 fee. He said he already had
water and had not connected to it. He said the City wanted an easement through the alley and in
return the sewer would tie in at C.R. 16. Mr. Leivestad said that in the process of digging Mr.
Reed's system was damaged. He said the area was dug up three times and each time they were
unable to connect him as was previously agreed upon. He said he does not have a water line, that
the outlet was relocated 2-3 times and not placed where he wanted it.
Mr. Loney explained sewer and water service costs and said that the property owner is responsible
to bring the sewer and water into the building and whatever the cost of the individual sewer service
was is the amount that was assessed. He said there was an existing water line and the County
Highway Department needed to relocate curb boxes due to grade changes. He explained that it is
SPUC's policy that the whole service must be replace and the County said they were only going to
run the line to a specific location rather than all the way back to the corporation stop and running a
new service line. Mr. Loney said that relocation was separate from this project.
A discussion ensued regarding the County's responsibility to replace water service to the owner's
satisfaction. It was determined that Mr. Leivestad's problem lies with the County and staff was
directed to research the circumstances relative to the County's participation.
Gene Hauer, 2088 Hauer Trail, approached the podium and said he object to the sewer in front of
the farm as he already had sewer and asked who paid for the oversizing. Mr. Loney explained that
oversizing costs for trench and rock excavation were deducted and paid for out of the Sanitary
Sewer fund.
Dave Kinc, 2860 Eagle Creek Blvd., approached the podium and said he did not want the sewer
because he has a very good system. He said his original proposed assessment was $4,600. He was
billed $12,600 and said his property was assessed at $116,000 ($12,600 is more than 10% of the
value of his home) for a pipe he does not plan to use.
Bill Scheurer, 2780 Eagle Creek Blvd., approached the podium and said he was double assessed.
He said the project in front of his home is not complete and asked what will happen in the spring.
Mr. Loney explained that this is a County Highway project and because it is being assessed at this
time does not mean the project is complete. Mr. Loney added that the County has the
responsibility to restore the area to the property owner's satisfaction. He instructed Mr. Scheurer to
let him know if the restoration is not done to his satisfaction. He explained that the City has a cost
participation agreement with the County which has not been fully paid.
Having no other interested citizens the public hearing was closed.
A discussion ensued regarding restoration responsibility and assessments.
Official Proceedings of the December 3, 1996
Shakopee City Council Page -4-
Zorn/Sweeney moved to direct the City Attorney to prepare an agreement between the property
owners with on site sewer and water systems for an assessment reduction of up to $3,000, and that
the assessment reduction only be given to the parcels with existing on site, operable systems, and
limiting the reduction to $3,000 for a total assessment reduction of$51,000 to be paid for out of the
Sanitary Sewer fund, and that the reduction only be provided to those property owners agreeing in
writing not to appeal their assessments.
A discussion ensued regarding requirements for acceptable sewer and water systems.
Motion carried 3-1 with Cncl. Link opposed and Cncl. DuBois abstaining from discussion and
voting.
A discussion ensued regarding consistency with Council's previous action, setting precedent, and
where the funds will come from. Cncl. Sweeney explained that the concern for County Road 16
was that the improvements to the road were going to be made by the County and it would cost
more to tear the 4-lane road up at a later time to install sewer and water.
Zorn/Sweeney offered Resolution No. 4567, A Resolution Adopting Assessments for County Road
16 Sanitary Sewer and Water Services, Between County Road 17 and County Road 83, Project No.
1994-11, assessments as attached, and moved its adoption. Motion carried 3-1 with Cncl. Link
opposed and Cncl. DuBois abstaining from discussion and voting.
A break was taken at 8:14 P.M. The meeting re-convened at 8:25 P.M.
The following items were taken out of order on the agenda: 1 le.2) Off Sale Liquor License
Application - MGM. 11b.1) Towing Contract specifications, 11c.1) Playground Equipment for
Meadows Park, and 1 le.4) 1997 Fee Resolution -4583.
Zorn/Link moved to approve the application and grant an off sale intoxicating liquor license to
MGM Spirits Express, Inc. dba MGM Liquor Warehouse, 471 Marschall Road, effective January
1, 1997, upon surrender of the existing license. Motion carried unanimously.
Mr. McNeill explained that Will Peterson of Peterson Towing had requested to be heard regarding
the towing specifications for the towing contract. He said the opening of bids was deferred in order
to allow Mr. Peterson to address the Council because any changes would require a policy change.
Will Peterson, 1705 W 3rd Street, approached the podium and said there were other towing
companies interested in participating in the contract. He suggested a rotation system as it would
allow better response times and would benefit the community. His concern was that the equipment
needed to handle large trucks, as required in the contract, tends to eliminate the smaller companies.
Official Proceedings of the December 3, 1996
Shakopee City Council Page -5-
A discussion ensued regarding the dispatch by the County to towing companies. It was explained
that dispatch is a County function and the City cannot impose a rotation system.
Mr. Peterson suggested categorizing calls by towing company and the type of equipment they have.
He asked for consideration to participate.
A discussion ensued regarding contract changes and Mr. Peterson said the changes would
completely eliminate him from participating in any way. He added that 85%-90% of the calls
involve cars, pick up trucks, and light vans and said he has the equipment necessary to handle these
types of calls.
A discussion ensued regarding competitive bidding and rates. Mr. Peterson said his rates are 20%-
25% lower than the current contract rate. The question as to what other cities are doing and
whether they have an open or multiple contract system was raised.
Chief Steininger said his primary concerns are a reasonable response time, quick and safe removal
of vehicles and debris, and facilitation of returning cars to their owners as soon as possible. He
added that he had previously worked with a rotation system and said it tends to create additional
time and staff closely resembling a part-time position. Chief Steininger noted three changes to the
contract: 1) More room outside to store vehicles due to the increased growth and the number of
vehicles towed, 2) A semi-truck provision, and 3) Insurance coverage. He said these were updated
to provide the highest level of service.
A discussion ensued regarding an extension of the current contract.
Sweeney/DuBois moved to direct staff to extend the current agreement for 90 days and to bring
back an analysis of what other communities are doing and what the impact and costs are. Motion
carried unanimously.
Sweeney/Zorn moved to withdraw the proposal notice(on accepting proposals for the City's towing
contract)currently pending. Motion carried unanimously.
A recess was taken at 9:04 P.M. for an Executive Session to discuss pending litigation. No action
was taken during the Executive Session. The meeting was re-convened at 9:46 P.M. beginning with
11c.1) Playground Equipment for Meadows Park.
Mr. McQuillan explained that the proposed 1997 Parks Capital Improvement Program Budget
allocates $25,000 for improvements to the Meadows 9th Addition park. Approximately $19,000
will be allocated for the purchase and installation of new playground equipment. The remainder of
the funds will be used for a path to the playground equipment and a hardcourt basketball surface.
He said requests for proposals were sent to two playground suppliers with minimum design
requirements. The suppliers were asked to submit proposals not-to-exceed $15,000. He said
Official Proceedings of the December 3, 1996
Shakopee City Council Page -6-
additional equipment will be purchased after selecting a company to purchase the equipment from.
The total cost of the additional equipment will be $3,218.84 and the total purchase will be
$18,218.84. Mr. McQuillan recommended Bob Klein & Assoc. as well as ordering the equipment
in 1996 but not paying for it until 1997. The reason for this is to guarantee 1996 prices and delivery
in April.
Zorn/DuBois moved to authorize the appropriate City officials to utilize Park Reserve Funds for the
purchase of playground equipment from Bob Klein and Associates not to exceed $18,218.84
payable upon completion of the installation. Motion carried unanimously.
Item l le.4) 1997 Fee Schedule, was taken out of order on the agenda.
Zorn/Sweeney offered Resolution 4583, A Resolution Setting Fees for City Licenses, Permits
Services and Documents, and moved its adoption.
Zorn/Sweeney moved to increase the service charge for returned checks from $11.00 to $20.00.
Motion carried unanimously.
A discussion ensued regarding a refund of all or part of the appeal fees upon a successful appeal.
Jim Thomson recommended amending the City Code to allow the granting of a refund of all or part
of the appeal fees.
Zorn/Sweeney moved to direct staff to amend the City Code to grant the authority to refund all or
part of the appeal fees upon a successful appeal. Motion carried unanimously.
In response to a question as to whether the fees for applications for variances and appeals are in line
with other cities, Mr. Leek said they were. Mr. McQuillan said the swim lesson fees were also in
line even with a 20% increase, and are lower than in other cities.
Motion carried unanimously on Resolution No. 4583, as amended.
The order of business returned to the normal sequence beginning with 10a) Ordinance 467
regarding definition and setbacks for townhomes.
Sweeney/DuBois offered Ordinance No. 467, An Ordinance of the City of Shakopee, Minnesota,
Amending Chapter II, Zoning, to Add a Definition of "Townhouse," and to Add Front Yard
Design Standards For Townhouses, noting that this memorializes a previous action of the Council.
Motion carried 4-1 with Cncl. Zorn opposed.
Sweeney/Zorn offered Resolution No. 4572, A Resolution Accepting Bids On The Valley Park
13th Addition Project No. 1996-8, and moved its adoption. Motion carried unanimously.
Official Proceedings of the December 3, 1996
Shakopee City Council Page -7-
Zorn/Sweeney moved to authorize the appropriate City officials to execute an extension agreement
with WSB & Associates to provide consultant services (for Project No. 1996-8) . Motion carried
unanimously.
Zorn/Sweeney moved to authorize a 5% contingency amount for use by the City Engineer in
authorizing change orders or quantity adjustments on the 1996-8 Project. Motion carried
unanimously.
With regard to the County's removal of County State Aid Highway designation of C.R. 16 from
STH 300 to CSAH 17, Mr. Loney explained that the removal of the designation is necessary for
the vacation of Fuller Street. He said it is unlikely that another County State Aid highway would be
designated a County State Aid road. However, the City can use State Aid municipal funds to pay
for the roadway. He said depending on the condition of the roadway, some money will be gained
from the County, based on a slight payment per mile to maintain the road for the first two years
totaling between $50,000-$70,000.
Sweeney/Zorn offered Resolution No. 4581, A Resolution Revoking County State Aid Highway
Designation for County State Aid Highway 16, from Trunk Highway 300 to County State Aid
Highway 17, and moved its adoption. Motion carried unanimously.
DuBois/Zorn moved to terminate Joel Rutherford's probationary status. Motion carried
unanimously.
Item 11d.1) 1997 Transit Budget was taken out of order on the agenda.
Mr. Leek said there is a potential shortfall in the 1997 budget. He said there have been carry-over
funds since 1993 and in revising the 1997 budget he proposed taking a one time payment of those
funds for the 1997 Transit Budget. He said $52,000 was also available in vehicle capital payments.
He will be recommending changes for 1998 to avoid future shortfalls.
Zorn/DuBois moved to direct staff to propose a Transit Budget and to look at competitive bidding
for 1998 as well as bringing rates closer to a self-sustaining level in 1997. Motion carried
unanimously.
Sweeney/DuBois moved to approve the purchase of a Hewlett-Packard Copyjet color
printer/copier. ($2,375.00) Motion carried unanimously.
Zorn/DuBois moved that compensation for Economic Development Authority (FDA) members be
$1.00 per year, payable from the Petty Cash fund.
A discussion ensued regarding the benefit of having EDA members and the need to compensate
them.
Official Proceedings of the December 3, 1996
Shakopee City Council Page -8-
Motion carried 3-2 with Cncl. Link and Mayor Henderson opposed.
Mr. Voxland explained that the City Attorney has determined that for the newer TIF districts (#7 -
MEBCO and #9 FMG) there is no authority in law to remit any portion of the increment to ISD
720. Mr. Thomson recommended contacting the School District to amend the agreement, between
the City and the School District, to cover this issue. Mr. Voxland said that this will reduce the
school districts anticipated funds by $80,000 based on current years taxes. He explained that the
school district's attorney has concurred with the City Attorney.
Sweeney/Zorn moved to not remit any tax increment to Independent School District#720 generated
by TIF Districts #7, MEBCO and #9, FMG; and directed staff to contact the School District to
amend the agreement.
By not remitting any tax increment to ISD #720 for TIF Districts #7 and #9, the additional income
would go to the City for District#7 and to the developer, rather than the school district, for District
#9.
Motion carried unanimously.
Sweeney/Zorn offered Resolution No. 4582, A Resolution Adopting a Vehicle Acquisition, Use &
Replacement Policy, noting that this memorializes a previous action of Council, and moved its
adoption. Motion carried unanimously.
Item 1 le.5) 1997 Budget was moved down to 12a). The next item is 11 e.6) Resignation from the
Cable Communications Advisory Commission.
Mr. McNeill said that Bill Anderson has agreed to serve until the end of February to allow time for
advertising for a replacement. Larry Moonen has also submitted his resignation from the Cable
Commission and will consider serving through February.
DuBois/Sweeney moved to accept the resignation from Bill Anderson, with regret, from the
Shakopee Cable Communications Advisory Commission and the Shakopee Community Access
Corporation Board of Directors, to be effective March 1, 1997. Motion carried unanimously.
Judith Cox explained the policy for recruitment and appointment for filling upcoming expiring
terms on boards and commissions. She said the policy requires 90 days notice prior to the
expiration of a term to notify the Council of the up-coming vacancies to consider the reappointment
of those who merit another term and meet the guidelines, and who have not served more than three
terms on their particular board or commission.
Official Proceedings of the December 3, 1996
Shakopee City Council Page -9-
Zorn/DuBois moved to announce the upcoming vacancies and that applications will be accepted
from all interested citizens of Shakopee, including the Cable Company. Motion carried
unanimously.
A discussion ensued regarding the time frame to advertise and the deadline.
A discussion ensued regarding appointments to the Shakopee Community Access Corporation
Board of Directors and Cncl. Sweeney said that the Board was in the process of amending their By-
Laws and recommended severing mating appointments to the Shakopee Community Access
Corporation.
Sweeney/Zorn moved that the announcement exclude the Shakopee Cable Access Corporation
Board of Directors. Motion carried unanimously.
Main motion as amended carried unanimously.
Mr. McNeill asked Councilmembers if they were interested in a team building session including the
City Council and department heads. A discussion ensued and there was a consensus that team
building is at the staff level, that there was money in the administration budget and that
Councilmembers could participate if they wished.
The Council was asked to consider dates in January in which to schedule a Town meeting for a
presentation of issues and discussion of questions with Shakopee residents.
Zorn/DuBois moved to establish January 28, 1997 from 7:00 p.m. to 9:00 p.m. for a "Town
Meeting". Motion carried unanimously.
Sweeney/DuBois moved to authorize the proper city officials to execute the "option to purchase"
with the Natural Resources Conservation Service for 21 acres in Memorial Park and to take all
actions necessary and related to complete the easement. Motion carried unanimously.
Sweeney/Zorn moved to direct staff to make a recommendation as to where the funds should be
directed to (with regard to the sale of 21 acres in Memorial Park to the Natural Resources
Conservation Service). Motion carried unanimously.
Mr. Voxland said the renewal rates for employee group insurance coverages have been received
and the employee group life and AD&D instance is unchanged. The monthly premium for the City
is currently $521.00. Long term disability has increased 9.5%. The new rate is $0.01 less than the
rate of four years ago before changing carriers. Mr. Voxland said the current monthly premium is
$998.66 but is subject to change with the renewal rate and settlements for 1997 wages. Health
insurance was unchanged for 1995 and for 1997 there is a 27% increase in rates. The monthly
Official Proceedings of the December 3, 1996
Shakopee City Council Page -10-
premium for the City currently is $17,143.58 and with annual increases in the teen's percentage
wise appears to be the norm for medical costs.
Alternate quotes from Blue Cross/Blue Shield changing coverage in terms of deductible and co-
payments was discussed with employee groups. Mr. Voxland said if a change is made each of the
employee groups must agree to the change. No action was requested and Mr. Voxland will bring
this back to the Council on December 17, 1996.
Cncl.Sweeney briefly reviewed what he will cover during the Truth In Taxation hearing on
December 4th. He explained that four properties have been tracked over the last few years and on
all properties the general levy tax capacity rate is essentially level or has dropped in the last four to
five years.
Cncl.Sweeney explained that to eliminate a tax increase on a house valued at$72,000 EMV for pay
1996 taxes, Council needs to reduce the tax levy by $20,000. This can come from additional
surplus than was identified in September. Councilmembers concurred and asked Cncl.Sweeney to
explain this at the hearing tomorrow night.
Sweeney/Zorn moved to adjourn to Wednesday, December 4, 1996 at 7:00 P.M. Motion carried
unanimously. The meeting was adjourned at 11:29 P.M.
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Clerk
Esther TenEyck
Recording Secretary
OFFICIAL PROCEEDINGS OF THE CITY COUNCIL
ADJ.REG.SESSION SHAKOPEE, MINNESOTA DECEMBER 9, 1996
Mayor Henderson called the meeting to order at 4:00 P.M. with Councilmembers Zorn,
Sweeney and Link present. Cncl.DuBois was absent. Also present were Mark McNeill,
City Administrator and Judith S. Cox, City Clerk.
Mr. McNeill explained that the City had received seven proposals from firms interested in
providing the City legal services and that those seven were reduced to three for the
Council to interview.
Mr. McNeill introduced Mr. Steve Bubul and Mr. Jim Thomson from Kennedy& Graven
who provided the Council with information regarding their experience and philosophy and
who responded to questions from Councilmembers.
The councilmembers took a break from 4:32 P.M. until 4:38 P.M.
Mr. McNeill introduced Mr. Tom Scott and Mr. Roger Knutson from Campbell, Knutson,
Scott&Fuchs who provided the Council with information regarding their firm and who
responded to questions from Councilmembers.
The councilmembers took a break from 5:05 P.M. until 5:20 P.M.
Mr. McNeill introduced Mr. Dave Keller and Vance Grannis from the firm of Grannis,
Grannis, Hauge, Eide, Anderson&Keller who explained the experience within their firm
and who responded to questions from Councilmembers.
Councilmembers agreed to wait to vote on selecting a firm to provide the city with legal
services until all councilmembers could be present, since Cncl.DuBois was absent. The
City Administrator was asked to obtain retainer proposals from the three firms that were
interviewed.
Sweeney/Zorn moved to adjourn to Tuesday, December 17, 1996 at 7:00 P.M. Motion
carried unanimously. The meeting was adjourned at 6:01 P.M.
(. 1,,tzomillt . a-26
ith S. Cox
City Clerk
Recording Secretary
CITY OF SHAKOPEE
Memorandum
TO: Mayor and Council
Mark McNeill, City Administrator
FROM: Gregg Voxland, Finance Director
RE: City Bill List
DATE: January 2, 1996
Introduction and Background
Attached is a print out showing the division budget status for
1996 based on data entered as of 12/31/96 .
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 $166, 170 . 73 .
Action Requested
Move to approve the bills in the amount of $486, 572 .25 .
CITY OF SHAKOPEE
EXPENSES BY DEPARTMENT
12/31/96
CURRENT YEAR
ANNUAL MONTH TO PERCENT
DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED
11 MAYOR & COUNCIL 83,090 2,748 69,839 84
12 CITY ADMINISTRATOR 232,160 9,361 194,661 84
13 CITY CLERK 132,040 8,673 • 117,042 89
15 FINANCE 307,410 18,353 278,929 91
16 LEGAL COUNSEL 260,030 13,719 203,185 78
17 COMMUNITY DEVELOPMENT 472,930 32,060 314,551 67
18 GENERAL GOVERNMENT BUILDINGS 132,510 7,542 124,960 94
31 POLICE 1,608,500 134,260 1,504,595 94
32 FIRE 427,490 28,529 375,333 88
33 INSPECTION-BLDG-PLMBG-HTG 228,930 21,222 221,826 97
41 ENGINEERING 411,460 42,783 350,464 85
42 STREET MAINTENANCE 805,320 43,686 558,317 69
44 SHOP 116,650
12,822 101,916 87
46 PARK MAINTENANCE 304,660 14,193 293,761 96
91 UNALLOCATED 794,899 790 272,676 34
TOTAL GENERAL FUND 6,318,079 390,741 4,982,054 79
17 COMMUNITY DEVELOPMENT 463,400 61,712 427,669 92
TOTAL TRANSIT 463,400 61,712 427,669 92
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CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Julie Klima, Planner I
SUBJECT: Shenandoah Place Planned Unit Development
DATE: January 7, 1997
Discussion:
Heritage Development has submitted an application for approval of Shenandoah Place
Planned Unit Development (PUD). The subject site is located south of Eastway Avenue
extended and west of Shenandoah Drive, and is zoned Urban Residential (R-1B). The
PUD would contain single family and multi-family dwellings. The total site area is 39.9 acres.
A copy of the December 5th memoranda to the Planning Commission has been attached for
your reference. At its December 5, 1996, the Planning Commission recommended approval of
the PUD to the City Council, subject to the conditions provided in the memoranda.
Alternatives:
1. Approve Shenandoah Place Planned Unit Development, subject to conditions.
2. Do not approve Shenandoah Place Planned Unit Development.
3. Table action on this item, and request additional information from staff and/or the
applicant.
Planning Commission Recommendation:
The Planning Commission has recommended the approval of Shenandoah Place Planned Unit
Development(Alternative No. 1).
Action Requested:
Offer Ordinance No. 469, and move its approval.
Julie Klima
i:\cofrundev\cc\I997\cc01O7\pdslipL.doc Planner I
PUDSHPLDOC/I 1
ORDINANCE NO. 469
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 PROPERTY SOUTH OF EASTWAY AVENUE
EXTENDED AND WEST OF SHENANDOAH DRIVE,
FROM URBAN RESIDENTIAL(R-1B) TO
PLANNED UNIT DEVELOPMENT OVERLAY ZONE NO. 10.
WHEREAS, the owner of the land described on Exhibit A, commonly known as
the property south of Eastway Avenue extended and west of Shenandoah Drive, has
submitted an application requesting rezoning from Urban Residential (R-1B)to Planned
Unit Development Overlay Zone No. 10; 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.
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, commonly known as the property south
of Eastway Avenue extended and west of Shenandoah Drive, from Urban Residential (R-
1B) to Planned Unit Development Overlay Zone No. 10.
Section 2 - That all provisions of City Code Chapter 11, Zoning, shall apply to this
zone, except as modified below;
Section 3 - The following procedural actions must be taken:
1. The perpetual maintenance of all open space/outlot areas shall be provided
for by a Homeowners Association, in a form approved by the City
Attorney.
2. Building permits shall not be issued for areas abutting Eastway Avenue
until such time as Eastway Avenue has been constructed.
3. The Planned Unit Development shall provide a minimum of twenty(20)
percent of the land area for open space. Open space shall be common
areas that can be accessed and utilized by all residents of the development.
4. The following uses are allowed in the following areas per the Planned Unit
Development Plan:
PUDSHPL.DOC/I
2
• Single family residential use is allowed on the portion of the site
that is north of the drainage way. This area is limited to a
maximum gross density of 2.5 dwelling units per acre.
• Townhome use is allowed on the portion of the site that is south of
the drainage way. This area is limited to a maximum gross density
of 7.39 dwelling units per acre.
5. As a part of the preliminary plat application submittals, the applicant is
required to submit a stormwater management plan meeting the
requirements for discharge flows, ponding, and water quality. The ponding
areas shown on the PUD drawings submitted are approved, only if they are
sized appropriately to meet these requirements.
6. The following criteria will be used for the final Private Street/Driveway
layout and design:
• Private driveway. Defined as a"no outlet" access, with the primary
purpose of serving more than two units. If over 150 feet long then
a turn-around is required (cul-de-sac, hammerhead, etc.) Minimum
width of 28 feet with parking on one side or 32 feet in width with
parking on both sides. Must be less than 500 feet long. Minimum
setback from back of curb is 20 feet. Will not be turned over to the
City in the future.
• Private Street Jogs. Private street jogs (intersections less than 150
feet) are not allowed.
7. A wetland delineation will be required for this site. If there are not wetland
impacts, the applicant will be required to submit an application for an
exemption. If wetland impacts are required, the PUD approval is
contingent on receiving wetland replacement approval, per the Wetland
Conservation Act requirements.
8. The applicant shall revise the landscape plan to meet the requirements of
the City Code. For this development, the City Code would require a
minimum of 203 trees and 202 shrubs as landscaping units. These
landscaping units shall meet the minimum sizes required in Section 11.60,
Subd. 8.0 of the City Code.
9. The off-street parking areas shall meet the requirements of Section 11.61
of the City Code.
10. A development agreement stating the conditions of approval of the PUD
must be filed with the Scott County Recorder. The Mayor and City Clerk
are hereby authorized and directed to execute the Development Agreement
for the Planned Unit Development.
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.
PUDSHPL.DOC/I 3
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.
PUDSHPL.DOC/I 4
EXHIBIT A
The Southeast Quarter of the Southwest Quarter of Section 5, Township 115, Range 22,
according to the recorded plat thereof on file and of record in the Office of the County
Recorder in and for Scott County, Minnesota.
PUDSHPL.DOC/[ 5
CITY OF SHAKOPEE
Memorandum
TO: Shakopee Planning Commission
FROM: Julie Klima, Planner I
SUBJECT: Shenandoah Place Planned Unit Development (PUD)
DATE: December 5, 1996
SITE INFORMATION
Applicant: Heritage Development
Location: South of Eastway Avenue extended and west of Shenandoah Drive
Current Zoning: Urban Residential(R-1B)
Adjacent Zoning: North Urban Residential (R-1B)
South Light Industrial (I-1)
East Major Recreation (MR)
West Urban Residential (R-1B)
Light Industrial (I-1)
INTRODUCTION
Heritage Development has submitted an application for approval of Shenandoah Place Planned
Unit Development (PUD). The subject site is located south of Eastway Avenue extended and
west of Shenandoah Drive, and is zoned Urban Residential(R-1B) (Please see Exhibit A).
BACKGROUND
The Planning Commission reviewed the concept plan for this proposal at its July 11, 1996,
meeting. The public hearing for this request was opened at the September 5, 1996, meeting
and continued to the September 19, 1996. meeting. At the September 19 meeting, public
testimony was taken and the public hearing was closed. However, a decision was tabled to the
October 3 meeting. At the October 3 meeting, the applicant requested that a decision be tabled
to the November 7 meeting. At the November 7 meeting, discussion occurred regarding the
open space provided on the site. The applicant then requested that a decision be tabled to the
December 5 meeting, in order to allow time to research/revise the open space issue.
CONSIDERATIONS
1. The proposed planned unit development would contain a mixture of single family residences and
townhomes on approximately 39.9 acres, for a gross density of 5.087 dwelling units per acre.
r
2. The purpose of the Planned Unit Development Overlay Zone (PUD) section of the Zoning
Ordinance is "to encourage innovation, variety, and creativity in site planning and
architectural design; to maximize development compatibility to encourage the planning of
large parcels of land as a unit; to provide for greater efficiency in the use of land, streets,
and energy; to protect important natural and cultural landscape features; to preserve
open space; and to provide quality living, working, shopping, and recreating
environments for residents and visitors".
3. The draft 1995 Comprehensive Plan has designated this area for single family residential
development.
4. The subject site is 39.9 acres in size. The developer is proposing the following uses within
the proposed development:
a) 47 single family residential lots
b) 156 townhome units
c) Open space area.
5. A PUD is required to provide 20% of the land area as open space. Open space is common
area that can be accessed and utilized by all residents within the development. Open space
shall not include any impervious surface (such as ponding or drainage areas). At the
November meeting of the Planning Commission, the applicant requested that credit be
given to the open space requirement. Based on discussion with the Planning Commission,
the applicant has revisited the open space issue and has submitted a revised proposal.
Please find attached as Exhibit B written correspondence, as well as a drawing submitted
by the applicant.
Following the November Planning Commission meeting, the applicant met with staff. At
this meeting, the applicant requested information regarding the area of the drainageway,
such as side slope area and the typical impervious area. The Assistant City Engineer
provided that information to the applicant, as evidenced in Exhibit B. The drawing that has
been attached as part of Exhibit B illustrates the area of the drainageway that the applicant
is proposing should be included in the open space calculations.
As noted in the letter from the applicant, the additional area from the drainageway adds
another 2.07 acres of open space to the project. This brings the total open space acreage
to 7.45 acres. However, the City Code requires that 20% of the project area be provided
as open space. Given the total acreage of the site, staff calculates a 20% open space
requirement as a minimum of 7.98 acres. Which calculates as a difference of 0.53 acres of
open space.
The issue facing the Planning Commission is whether or not to allow portions of the
drainageway (which had to be purchased as easement by the city) to be included in area
calculated as open space. Should the Planning Commission decide to accept less than 20%
(7.98 acres) open space, Condition No. 3 must be revised accordingly.
6. The applicant has not requested any variances to the Zoning Ordinance for this
development.
7. The Building Official has commented that sewer, water, and building requirements may
vary depending upon the townhome or condominium classification.
8. Pending assessments exist for this site.
9. Park dedication information for this development will be addressed at the Preliminary Plat
review stage.
10. The Engineering Department has reviewed the proposal and has provided comments. For
your reference, these comments can be found in the September 5, 1996, staff memo. Staff
has incorporated these comments into the conditions of approval. Because some of the
necessary revisions may require revisions to the plat, the specific design attached may need
to be amended slightly.
11. The applicant has submitted a landscape plan for this development. Upon further review of
the landscape plan, the applicant must revise it in order to meet the requirements of the
City Code. A condition regarding this issue has been added to the conditions of approval.
STAFF RECOMIlVIENDATION
Staff recommends approval of Shenandoah Place Planned Unit Development, subject to the
following conditions:
1. The perpetual maintenance of all open space/outlot areas shall be provided for by a
Homeowners Association, in a form approved by the City Attorney.
2. Building permits shall not be issued for areas abutting Eastway Avenue until such
time as Eastway Avenue has been constructed.
3. The Planned Unit Development shall provide a minimum of twenty (20) percent of
the land area for open space. Open space shall be common areas that can be
accessed and utilized by all residents of the development.
4. The following uses are allowed in the following areas per the Planned Unit
Development Plan:
• Single family residential use is allowed on the portion of the site that is north
of the drainage way. This area is limited to a maximum gross density of 2.5
dwelling units per acre.
• Townhome use is allowed on the portion of the site that is south of the
drainage way. This area is limited to a maximum gross density of 7.39
dwelling units per acre.
1 �
5. As a part of the preliminary plat application submittals, the applicant is required to
submit a stormwater management plan meeting the requirements for discharge
flows, ponding, and water quality. The ponding areas shown on the PUD drawings
submitted are approved, only if they are sized appropriately to meet these
requirements.
6. The following criteria will be used for the final Private Street/Driveway layout and
design:
• Private driveway. Defined as a"no outlet" access, with the primary purpose
of serving more than two units. If over 150 feet long then a turn-around is
required (cul-de-sac, hammerhead, etc.) Minimum width of 28 feet with
parking on one side or 32 feet in width with parking on both sides. Must be
less than 500 feet long. Minimum setback from back of curb is 20 feet.
Will not be turned over to the City in the future.
• Private Street Jogs. Private street jogs (intersections less than 150 feet) are
-not allowed.
7. A wetland delineation will be required for this site. If there are not wetland
impacts, the applicant will be required to submit an application for an exemption. If
wetland impacts are required, the PUD approval is contingent on receiving wetland
replacement approval, per the Wetland Conservation Act requirements.
8. The applicant shall revise the landscape plan to meet the requirements of the City
Code. For this development, the City Code would require a minimum of 203 trees
and 202 shrubs as landscaping units. These landscaping units shall meet the
minimum sizes required in Section 11.60, Subd. 8.0 of the City Code.
9. The off-street parking areas shall meet the requirements of Section 11.61 of the
City Code.
ALTERNATIVES
1. Recommend to the City Council the approval of Shenandoah Place Planned Unit
Development, subject to conditions.
2. Recommend to the City Council the approval of Shenandoah Place Planned Unit
Development, subject to revised conditions.
3. Recommend to the City Council the denial of Shenandoah Place Planned Unit
Development.
4. Table a decision in order to allow the applicant and/or staff time to provide additional
information.
ACTION REQUESTED
Recommend to the City Council the approval of Shenandoah Place Planned Unit Development,
subject to conditions, and move its approval.
z_lazz.646),/itit.„,
Julie Klima
Planner I
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EXHIBIT B
HERITAGE G° C4��i� ,
DEVELOPMENT Nov 2 1 1996
November 20, 1996
Mayor and Planning Commission Members
City of Shakopee
129 Holmes Street
Shakopee, MN 55379
Mayor and Planning Commission Members:
On Friday,November 15, 1996, Heritage Development Inc.of Minnesota and the City's Planning and Engineering
Staff met to discuss the Shenandoah Place proposal previously submitted as a Planned Unit Development for your
comment. Based on comments from the Planning Commission and Staff it is clear that Heritage Development has
done an extremely poor job of explaining the open space issues of the project and more specifically in regard to the
drainage ditch.
Enclosed is an Inter-office memorandum we received from your staff after the November 15th meeting and an
exhibit showing the additional open space areas. Using the acreage determined by your engineer along with the
previous open space calculations I have included the following table:
Total Total Open Space
Acreage Percentage
Open Space: 5.38 13.5
(outside of
drainage ditch&
lending)
Open Space: 6.29 15.8
(plus area within
drainage easement but
outside of side slopes)
Open Space: 7.45 20.9
(plus area within
drainage easement but
outside of side slopes)
and(side-slopes not
impervious)
Additional, we will include additional site amenities such as benches along trails,increased landscaping within the
drainage easement or recreational/picnic equipment within the larger open space areas to the project as directed by
the Planning Commission. The overall density of this project remains 5.087 dwelling units per acre. Heritage
Development will also work with staff to accommodate the additional right-of-way needed for Shenandoah Ave..
Thomas D.Bisch
Heritage Development of Minnesota
450 East County Road D•Little Canada, MN 55117•Phone:(612)481-0017•Fax:(612)481-1518•Toll Free:(800)644-0017
20720 Watertown Road,Suite 102 •Brookfield,WI 53186*Phone:(414) 796-8129•Fax:(414) 796-8149
INTER-OFFICE MEMORANDUM
TO: Julie Klima, Planner I
FROM: Joel Rutherford, Assistant City Enginee
SUBJECT: Shenandoah Place PUD - Drainage Ditch Flow/Slope Treatment
DATE: November 18, 1996
As requested from the applicant, I have reviewed the drainage ditch flow through their
proposed Shenandoah Place, and the"impervious" area it impacts. And as requested by
the applicant, I have checked with Bruce on the alternatives for turf establishment along
the side-slopes of the ditch.
The drainage easement through this area consists primarily of a 100' wide strip, which the
City purchased as part of the upper valley drainage ditch system. The ditch consists of a
25' to 30' ditch bottom with 4:1 (approximately) slopes. These slopes extend
approximately 25 feet of each side of the ditch. The designed capacity of the ditch is
meant for storm events which will occur perhaps only once in one-hundred years. There
will be some years where the ditch may flow continuously, and in some dry years the ditch
may flow only occasionally.
It is reasonable to assume that when the ditch is flowing at a steady rate, for an extended
time, the flow will have very little depth. Based on this assumption, the impervious area
would extend only as wide as the ditch bottom. Therefore, the impervious area would be
approximately 30' by 1800'(length of ditch), or 1.24 acres. The side slopes consist of
approximately 50' by 1800', or 2.07 acres. The area outside the actual drainage area and
outside the side-slopes, but still within the easement, is about 0.91 acre.
In regards to the side-slopes, and the alternatives for turf establishment, the developer will
be limited to certain types of vegetation. Based on the recommendation from the City's
consultant, the city should maintain the side-slopes by mowing to maximize the hydraulic
capacity of the channel. Therefore, the side slopes will be regularly mowed, and the
vegetation cover chosen for the side-slopes shall allow for this maintenance.
T0Ti:IL P.02
INTER-OFFICE MEMORANDUM
TO: Julie Klima, Planner
FROM: Joel Rutherford, Assistant City Engineer
SUBJECT: Shenandoah Drive
DATE: November 26, 1996
The Planning Commission has requested information regarding future alternatives for
Shenandoah Drive in the vicinity of the racetrack. I have attached a drawing which shows
one of these alternatives.
The alternative attached is a general sketch, showing the relationship to the existing streets
and the Shenandoah Place PUD. As noted on the drawing,this alternative would require
a dedication of right-of-way for the future extension of Shenandoah Drive.
This drawing also shows a possible connection of the proposed street within the
Shenandoah Place development, to County Road 16. The spacing shown on the drawing
between this connection and Hauer Trail(southeast of intersection)is slightly less than 1/4
mile. The minimum spacing allowed between connections to the County Road is generally
1/4 mile. Based on current and anticipated uses for the property adjacent to this roadway,
it appears this connection could be moved northwest enough to achieve the 1/4 mile
spacing, if required.
This alternative, and most others,will require coordination with the owners of the race
track. Discussions with them will be required to determine the most desirable
transportation plan for this part of the city. A city-wide transportation plan is currently
being developed, which will analyze the future traffic patterns of the existing and future
road system of the city. This plan can be used to better understand the current and future
transportation needs for the track, the commercial properties, and the surrounding
residential neighborhoods.
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Shenandoah Place P.U.D.
Density Comparison
Shenandoah Place Prairie Bend
t # Units 205 416
To
Grossal Ac. 39.90 89.10
Street ROW 3.80 11 .80
Park Dedication 0.00 5.00
Net Ac. 36.10 72.30
Net Density 5.68 5.75
Required
5 to 6.25 units per acre
(Source: City of Shakopee,Heritage Development)
Open Space
Acres %
Calculated Acreage 5.39 13.5%
Drainageway/Ponding 6.77 17.0%
Total 12.16 30.5%
Required
5 to 20% Open Space
(Source: City of Shakopee,Heritage Development)
Open Space Credit
Required
5 to 20% of the site must be provided as open space.
(Sec. 11.50. Subd. 4)
"The City may grant up to 75% against the open space requirement based
on proposed amenities. The credits may be granted for any of the following
amenities:
1. Improvements in the open space for park or recreation purposes,
when such space is to be privately owned and maintained;
2. proof that the applicant is providing amenities desired by the City and
of equal social value to open space, such as low-income housing;
preservation of natural, cultural, or historic features; or other clear
benefit to the public health, safety, or welfare."
3
Impervious Surface Percentage
Current Zoning Ordinance:
Impervious Surface Percentage-- "The area of any lot covered by material
which is impervious to penetration by water, divided by the total lot area."
(Sec. 11.02. Definitions)
"Open Space does not include any impervious surface areas."
(11.50. Planned Unit Development Overlay Zone)
1979-94 Zoning Ordinance:
Impervious Surface not defined.
For Planned Unit Developments, 12 to 20% of the area could be required for
open space, however, the restrictions on materials were that land counted as
open space could not be devoted to streets, alleys or parking.
y
- LE..-15-1' 1_
Official Proceedings of the . City Council
•
Page -4-
Ju;y lg , 1988
City Attorney, reviewed the City policy
. rne• .
used•
Barry Meyer ,qing t. ner ,
improvements when the
accuiring F=oFer`y for public impz rocedure that
in isunwilling to sell. This is the F
propertyowner easement needed from trl.r•
the
in acquiring the
the City followedif there is a reason to deviate
Scherber and M�. Clark. He asked
the
�; e and pay more than the appraised value of
prior practiceis whether or not to
;;rom , ; ned that the issue condemnation
property. me peractice
to leave the acquisition to
e- n� , Council
deviate from n-sc _ of professions. If for
sed on qualified advise be feSS °g a pze fcou
departs
frombGt�ie rcCed fres , this will _s feel aggrieved they
future
e t _ the p r �-y cwners
srt'�a��c==s_ • -•- �"�,....,p�
ca :o t�r-O�:cy"i e r.J'.._ - -
_ C y that
they would ;refer
eom drainage acres
`h cugh the south of their :roerty rather than tnroughthe
•
middle. er: �. pwiiEr explained why he
Priv_ ` . for pr°P placed ,a_expong the 5oth e
Mr. Bill T Engineernage should be .� e
believed that the G G rather than thrcuc'tl the middle.ce
portion ofthe =_ the
o =er fo_ City, explained that
Patchin, rai_ r an
Mr. Peter citypau ' desires to acquire was appraisedtyfor an
propty the nThis way the prcper
not an cutrigi'i� purchase.
easement,
er
SE'aback regUireme^t5 , density, eL�
Can still use the parcel for
when developing .
,- Orr -blayeron, City consulting engineer ,Bobthat
SC_ed, weretaken along the proposed rcute Mr . . � ba,ryngs lss costly to construct the drainage
thathated sc�
believes it is elevation•
along he route because of the lower
this
Engineer to negotiate further with the
Clay/Zak directed the City ypg and Z"lr. Clark) and their engineer
property owners (Nis• Scherber
Upper valley Drainage and
P for acquisition of property for the
acquof un to $1 , 000 to obtain soil borings
authorized the expenditure
the Southerly area for comparable costs of construction•
along ayes ; Unanimous Motion carried
Roll Call: Noes; None
Clay/Zak moved for a ten minute recess.
Motion carried
unanimously.
lin moved to reconvene at 10220 P.M. Motion carrie
wampach/Vier g
unanimously•
pole and
Wam
ad
Cla ' moved to authorize staff relocating uase the pawer ed
for the Y
for the
actual costs associated with project at an estimated ,
a ..guy" pole for the Downtown streetscape
cost of $1, 000eS , Unanimous
Noes ; None Motion carried
Roll Call: P'`� •
Multi-Family Parking Spaces
Garage/Driveway 593
Private Off-Street 30
Private On-Street 255
Total Available 878
Required 312
(Garage/Driveway assumes 90%of the units will have two
car garages with one space in front of each garage on
driveway. 10%of the units are assumed to have one car
garages.)
L
iiMEMIEW
ON fiiae
CITY OF SHAKOPEE
Memorandum (Revised)
TO: Planning Commission
FROM: Jared D. Andrews, Planner I
SUBJECT: Text Amendment Regarding Over-size Garages in R-1C
(Old Shakopee Residential Zone)
MEETING DATE: November 07, 1996
ITEM NO.: 11
Introduction:
At the Board of Adjustment and Appeals October 3 meeting the Board denied a variance
for a 480 square foot addition to a garage in the R-1C zoning district. This decision was
appealed to the subsequent City Council meeting and was over turned. At that meeting
there was discussion concerning the flexibility for accessory structure size in the R-1C
district.
Discussion:
In order to add flexibility and better fit the intentions of the R-1 C district, Staff is
proposing to add "over-sized accessory structures" as a conditional use in the R-1C
district(SEC. 11.30 Subd. 3.). This would eliminate the need to review such requests
against the variance criteria, as well as give the board discretion to impose conditions to
minimize the impact on neighboring properties.
An accessory structure would be determined to be over-sized when it exceeds 10%of the
lot area or 75%of the square footage of the footprint of the principal dwelling,
whichever is less. (as described in SEC. 11.81 Subd.2.B.)
Alternatives:
1. Recommend the proposed amendment to the City Council as presented.
2. Recommend the proposed amendment with revisions.
3. Do not recommend the proposed amendment to the City Council
4. Table the matter for additional information.
i
OVSZGAR.DOC/RML
Staff Recommendation:
Staff recommends Alternative number one(1), to recommend the proposed amendment to
the City Council as presented.
Action Requested:
Motion to recommend the proposed amendment to the City Council as presented.
2
OVSZGAR.DOC/RML
CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Jared Andrews, Planner I
SUBJECT: Oversize garages in Rl-C
DATE: December 17, 1996
Introduction
At the Board of Adjustment and Appeals November 7th meeting the Board tabled a
proposed amendment to allow over-size garages as a conditional use in the Old Shakopee
Residential Zone (R-1C). Additional information was requested as to the City Councils
rationale for granting the appeal for Mr. Larry Anderson's over-size garage and the issue
was rediscussed at the December 5th Planning Commission meeting. At that meeting,
Planning Commission recommended denial of the staff recommendation to change the
approval process of over-sized accessory structures in the R-1C district from a variance
process to a conditional use permit process.
Discussion
It was the general indication of the Planning Commission that a change of the process was
not desirable to them. Attached, is Item #12 of the draft minutes from the December 5,
1996, Planning Commission meeting which addresses this issue.
Alternatives
1. Direct Staff to draft a proposed text amendment to change the Zoning Ordinance to
allow oversize accessory structures as a conditional use in the Old Shakopee(R-1C)
Zone.
2. Direct that the process for the review of oversize accessory structures in the Old
Shakopee (R-1C) Zone remain unchanged as recommended by the Planning
Commission.
Action Requested
Make and pass a motion to direct staff to carry out the appropriate actions for one of the
two alternatives listed above.
Jared Andrews
Planner I
i:\commdev\c61996\cc1217\ovrszgandoc
CITY OF SHAKOPEE /
Memorandum
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Jared D. Andrews,Planner I
SUBJECT: Ordinance 470 re. over-size accessory structures in the R 1C Zone
DATE: January 7, 1996
Introduction:
At its last meeting,the City Council directed staff to draft a proposed amendment to Chapter
11,Zoning, regarding oversize accessory structures in the R-1C. The attached ordinance
reflects such an amendment.
Discussion:
The proposed amendment allows for over-size accessory structures as a conditional use in the
Old Shakopee Residential(R-1C)Zone. Currently, a variance to the size requirements is
necessary. Under the proposed amendment, accessory structures in the R-1C zone would need
to meet conditional use permit standards. Standards for the approval of such a conditional use
permit are outlined in this amendment(Section 3, Ordinance 470 attached). These standards
are designed to allow for larger accessory structures, while protecting the rights and interests of
neighboring properties.
Alternatives:
1. Approve Ordinance No. 470
2. Approve Ordinance No. 470 with additions or modifications
3. Table decision of Ordinance No. 470 and request for additional information.
Recommendation:
Staff recommends alternative#1, approval of Ordinance No. 470 as presented.
Action Requested:
Offer and pass a motion adopting Ordinance No. 470.
Jared D. Andrews
Planner I
4
ORD470.DOC/JA
ORDINANCE NO. 470
AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CHAPTER
11, ZONING, TO ADD OVER-SIZE ACCESSORY STRUCTURES AS A CONDITIONAL
USE IN THE OLD SHAKOPEE (R-1C)ZONE; AND TO ADD STANDARDS FOR
GRANTING A CONDITIONAL USE PERMIT FOR OVER-SIZE ACCESSORY
STRUCTURES IN THE OLD SHAKOPEE(R-1C)ZONE.
THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS:
Section 1 - That City Code Chapter 11, Zoning, Sec. 11.30. Old Shakopee Zone
(R-1C) Subd.3. Conditional Uses, is hereby amended by adding "A. over-size accessory
structures," as set forth below, and relettering all subsequent entries.
A. over-size accessory structures as determined by SEC.11.81 Subd.2.(B);
Section 2 - That City Code Chapter 11 Zoning, Sec. 11.81. GENERAL
PROVISIONS, Subd. 2. Accessory Structures, B. Size, is amended to add the following as a
second paragraph;
A conditional use permit is required to exceed the above size
requirements in the Old Shakopee Residential (R-1C) Zone. A
variance procedure is applicable in all other districts.
Section 3 - That City Code Chapter 11, Zoning, Sec. 11.86. CONDITIONAL USE
PERMIT STANDARDS FOR RESIDENTIAL ZONES, Subd. 2. Specific Standards for
residential Zones, is hereby amended by adding the following"A. accessory structures over the
specified size in the Old Shakopee Residential(R-1C)Zone:" as set forth below, and relettering
all subsequent entries.
A. accessory structures over the specified size in the Old Shakopee Residential
(R-1C)Zone:
1. shall meet all setback requirements for accessory structures;
2. height shall not exceed two (2)times the distance of the setback.
3. shall not exceed the total square footage of the principal structure;
4. shall not be used for any commercial or leased storage use;
5. shall not impede or alter the natural drainage flow;
6. shall not increase runoff to neighboring properties;
7. shall provide a survey showing spot elevations and location of all
structures both existing and proposed;
ORD470.DOC/JA 1
8. shall provide a scaled elevation of the proposed structure; and
9. architecture and exterior materials must be compatible with the
principal structure;
Section 4 -Effective Date. This ordinance becomes effective from and after its passage
and publication.
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
ORD470.DOC/JA 2
11. I.
CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
Mark McNeill,City Administrator
FROM: R. Michael Leek,Community Development Director
SUBJECT: Part II Minnesota Investment Fund Application on Behalf of ADC
Telecommunications,Inc.
MEETING DATE: January 7, 1997
Introduction:
Staff has prepared a Part II application for$250.000.00 in Minnesota Investment Funds to be
provided as a loan to ADC Telecommunications, Inc. In order for the application to be considered
complete, and for the DTED to fomially act on the application, the City is required to submit the
attached resolution.
Alternatives:
1. Approve Resolution No. 4593 authorizing application for Minnesota Investment Funds.
2. Do not approve Resolution No. 4593
3. Continue the request for additional information from the applicant and/or staff.
Action Requested:
Offer and pass a motion approving Resolution No. 4593, authorizing application for Minnesota
Investment Funds.
R. Michael Leek
Community Development Director
RESOLUTION NO. 4593
A RESOLUTION OF THE CITY OF SHAKOPEE
AUTHORIZING APPLICATION TO THE MINNESOTA DEPARTMENT OF TRADE AND
ECONOMIC DEVELOPMENT (DTED)FOR MINNESOTA INVESTMENT FUNDS FOR
ADC TELECOMMICATIONS,INC.
WHEREAS, the City of Shakopee has reviewed ADC Telecommunications proposed
manufacturing facility and request for assistance; and
WHEREAS, the City has previously submitted a Part I application for Minnesota Investment
Funds and now wishes to submit a Part II application.
NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SHAKOPEE, MINNESOTA AS FOLLOWS:
1. That the City of Shakopee act as legal sponsor for the project contained in the Business and
Community Development Application to be formally submitted, and that the Community
Development Director is hereby authorized to apply to DTED, for funding of this project on
behalf of the City of Shakopee.
2. That the City of Shakopee has the legal authority to apply for financial assistance and the
institutional, managerial, and financial capability to ensure adequate construction, operation,
maintenance and replacement ofthe proposed project for its design life.
3. That the City of Shakopee has not incurred any costs and has not entered into any written
agreements for the purchase of property for the proposed project.
4. That the City of Shakopee has not violated any Federal, State,or local laws pertaining to fraud,
bribery, graft,kickbacks,collusion, conflict of interest or other unlawful or corrupt practice.
5. That upon approval ofthe application by DTED on behalf of the State of Minnesota, the City of
Shakopee may enter into an agreement with the State of Minnesota for the above-referenced
project, and that the City of Shakopee certifies that it will comply with all applicable laws and
regulations as stated in all contract agreements and described on the Compliances Section of the
Business and Community Development Application.
6. As applicable,that the City of Shakopee has obtained credit reports and credit information from
ADC Telecommunications, Inc. Upon review by the City of Shakopee and its legal counsel, no
adverse findings or concerns regarding, but not limited to, tax liens,judgments, court actions, and
findings with state,federal and other regulatory agencies were identified. Failure to disclose any
such adverse information could result in revocation or other legal action.
7. That the City Administrator is hereby authorized to execute such agreements as are necessary to
implement the project on behalf of the City of Shakopee.
Adopted in session of the City Council of the City of Shakopee,
Minnesota,held this day of 1997.
Mayor of the City of Shakopee
ATTEST:
City Clerk
PREPARED BY:
City of Shakopee
129 South Holmes Street
Shakopee, MN 55379
11. 311. 3 ,3 ,
CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: R. Michael Leek, Community Development Director
SUBJECT: Adoption of Amendments to Suburban Transit Association Agreement
DATE: January 2, 1997
INTRODUCTION:
Four amendments have been proposed to the above-named agreement. In order to
become operative, all members of STA must adopt the amendments. Attached to this
memorandum is the memorandum of Bob Renner, Jr., consultant to STA, explaining the
proposed changes, as well as a copy of the STA agreement showing the proposed
amendments.
ALTERNATIVES:
1. Approve Resolution No. 4596 approving the proposed amendments.
2. Do not approve Resolution No. 4596.
3. Table the request for additional information.
RECOMMENDATION:
Staff recommends approval of Resolution No. 4596.
ACTION REQUESTED:
Offer and pass Resolution No. 4596.
R. Michael Leek
Community Development Director
STA.DOC/RML 1
RESOLUTION NO. 4596
A RESOLUTION OF THE CITY OF SHAKOPEE
THE SUBURBAN TRANSIT ASSOCIATION(STA)
JOINT AND COOPERATIVE AGREEMENT
WHEREAS,Minnesota Statutes Section 471.59 permits two or more
governmental units, by agreement of their governing bodies, to jointly and cooperatively
exercise any power common to each of them; and
WHEREAS, the parties have entered into this Joint and Cooperative Agreement
to develop programs on matters of mutual concern and interest and identify, review and
actively oppose proposals which may be in conflict with the interest of the members.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SHAKOPEE, MINNESOTA, that the appropriate City Officials are
hereby authorized and directed to execute the Joint and Cooperative Agreement as
amended and attached hereto.
Passed in session of the City Council of the City of Shakopee,
Minnesota, held this th day of , 1997.
Mayor of the City of Shakopee
Attest:
City Clerk
Prepared By:
City of Shakopee
129 S. Holmes Street
Shakopee, MN 55379
STA.DOC/RML 2
MESSERLI & KRAMER P. A.
ATTORNEYS AT LAW
WILLIAM F. MESSERLI
JOSEPH W. LAWVER
ROSS E. KRAMER LEAGUE OF MINNESOTA CITIES BUILDING R.TERRI MANDEL
TOM TOGAS
RONALD B. PETERSON
GARY W. BECKER
SUITE 450 ANN M.SETNES
MARK S. LARSON
JOHN F.APITZ
ROBERT G. RENNER,JR. VINCENT G. ELLA
GEORGE R.SERDAR 145 UNIVERSITY AVENUE WEST LINDA S.JENSEN
SANDRA L.NEREN
LEANNEG. LITFIN
CHRISTOPHER B. HUNT ST. PAUL, MINNESOTA 55103-2044 LLIAM
JAMES C.WICKA
WILLIAM B. BUTLER
DANIEL J.GOLDBERG (612) 228-9757 JEFFREY M. ELLIS
JOSEPH B. NIERENBERG MADHULIKA JAIN
WILLIAM C. HICKS FACSIMILE (612) 228-9787 MARTIN A. MUENZMAIER
WILLIAM M. HABICHT LYNN M. NICHOLS
RAKE
JOHN W. LANG
ALICIA R. DRAKE
PAUL W.ANDERSON AUTHORIZED TO PRACTICE LAW IN MINNESOTA.WISCONSIN, STEPHANI M. HINZE
ILLINOIS.IOWA,SOUTH DAKOTA,FLORIDA AND WASHINGTON.D.C.
OF COUNSEL
WRITERS DIRECT DIAL NUMBER DANIELS. KLEINBERGER
MEMORANDUM
DATE: November 26, 1996
TO: STA Members
FROM: Bob Renner, Jr.
STA Legislative Consultant
RE: Amendments to the Suburban Transit Association
Joint and Cooperative Agreement
Please find attached a resolution which should be adopted by your city council. This
resolution executes an amended Joint and Cooperative Agreement creating the Suburban
Transit Association (STA). After its adoption, please mail a signed copy of the resolution
to my assistant, Jennifer Peterson, in the enclosed envelope.
The STA Board of Directors approved several amendments to the Joint and Cooperative
Agreement at its November 20, 1996 meeting. I have attached a copy of the Agreement
with deleted language stricken and new language underlined.
It is necessary for all cities that signed the original Agreement to adopt the attached
resolution before the proposed amendments are operative. A brief explanation of the
amendments follows.
ARTICLE 8, SECTION 8.1
This section is amended by deleting the requirement that an annual organizational
meeting be held each October. The October date was awkward because members and
officers of the STA elected in October may be defeated in city elections held in November.
If this amendment is adopted, the annual organizational meeting will be held after the
general election in November.
ARTICLE 10, SECTION 10.2
The date when dues to the STA are due has been changed from October to January 15 of
the subsequent year. This date change is necessary since the amount of dues will not be
set until the Board of Directors approved dues at the organizational meeting held in
November or December.
ARTICLE 10, SECTION 10.3
This amendment is substantive. The current Agreement states that the STA budget is
deemed approved unless a party to the Agreement withdraws in writing by September 15.
The amendment proposes that the Board approve the annual budget at its organizational
meeting in November or December.
ARTICLE 11, SECTION 11.1
This amendment changes the effective date for withdrawal of a member from October 1 to
December 31. The date by which a member must notify the STA of its intent to withdraw
remains September 15. This amendment was made because the dues paid by each
member covers membership from January 1 to December 31.
I appreciate your cooperation in this amendment process. If you have any questions,
please call me or Lynn Nichols at 228-9757.
RGRjjp:8000_1.W519
November, 1995
JOINT AND COOPERATIVE AGREEMENT
PRELIMINARY STATEMENT
The Parties to this Agreement are governmental units of the State of Minnesota.
Minnesota Statute §471.59 permits two or more sub-units, by agreement of their governing bodies,
to jointly and cooperatively exercise any power common to each of them. Pursuant to statutory
authorization, the Parties to this Agreement have chosen to execute a joint powers agreement
providing, in essence, for the development of programs on matters of mutual concern and
interests.
ARTICLE 1.
GENERAL PURPOSE
The primary purpose of this Agreement is for the member municipalities and affiliate
members, such as transit commissions or associations previously created by a joint powers
agreement, to jointly and cooperatively develop programs on matters of mutual concern and
interest, and identify, review, and to actively oppose proposals which may be in conflict with the
interests of the members.
The organization formed pursuant to this Agreement will be funded by member
municipalities' contributions to be used for the retention of professional assistance, information
preparation and dissemination, research, and other activities that may from time to time be
authorized by the membership.
ARTICLE 2.
NAME
The Parties hereto agree to establish an organization to be known as the Suburban Transit
Association to carry out the objectives of this Agreement.
ARTICLE 3.
DEFINITION OF TERMS
For the purpose of this Agreement, the terms defined in this Article shall have the
meanings given them by this Article.
3.1) "Board" means the governing body of the Association.
3.2) "Association" means the organization created pursuant to this Agreement.
3.3) "Authority" means the governing body of a Party.
3.4) "Board Members" means the persons appointed pursuant to this
Agreement to serve as Members of the Board.
3.5) "Party" means a municipality which has entered into this Agreement.
3.6) "Affiliate Member" means an organization, commission, association or
municipality which has entered into this Agreement, but does not have
the same voting rights and privileges as a Party.
ARTICLE 4.
ADDITIONAL PARTIES
Any other organization, commission, association or municipality may become a Party or
Affiliate Member upon approval by a majority of the then Parties and upon full payment of the
annual dues.
ARTICLE 5.
EFFECTIVE DATE
A municipality shall enter into this Agreement by duly executing a copy of this Agreement
and by filing such copy, together with a certified copy of the authorizing resolution, with the
Association Chair. This Agreement shall become effective upon approval by at least two (2)
Parties, or on October 1, 1995, whichever is sooner.
ARTICLE 6.
POWERS AND DUTIES OF THE ASSOCIATION
The powers and duties of the Association shall include the powers set forth in this article.
6.1) It may establish legislative programs embodying proposed legislation
and positions on proposed legislation.
2
6.2) It may take such action as it deems necessary and appropriate to
accomplish the general purposes of this Association.
6.3) It may consult with persons knowledgeable in the legislative process
and persons having a special interest therein, such as legislators,
research organizations, educational institutions, other political
subdivisions, municipal organizations, regulatory organizations
technical experts, and any other persons who can provide pertinent
information concerning legislation of interest to the Association.
6.4) It may provide for the prosecution, defense, or other participation in
actions or proceedings at law in which it may have an interest, and
may employ counsel for that purpose.
6.5) It may conduct such research and investigation and take such action
as it deems necessary, including participation and appearance in
proceedings of any metropolitan, state, federal, regulatory, or
legislative or administrative bodies, on any proposed or existing law,
bill, or recommendation related to or affecting any or all members.
6.6) It may enter into any contracts deemed necessary by the Board to
carry out its powers and duties, subject to the provisions of this
Agreement.
6.7) It may contract with any of the Parties or others to provide space,
services, or materials on its behalf. Any contracts let or purchases
made shall conform to the requirements applicable to Minnesota
statutory cities.
6.8) It may accept gifts, apply for grants, enter into agreements required in
connection therewith and hold, use and dispose of money or property
received as a gift or grant in accordance with the terms thereof.
6.9) It shall cause an annual audit of the books of the Association to be
made by an independent auditor, or an independent auditor of a
member city, whichever the Board determines. It shall make an
annual financial accounting and report in writing to the Parties. Its
books and records shall be available for and open to the examination
by the Parties at all reasonable times. It shall establish the annual
budget for the Association as provided in this Agreement.
6.10) It may establish and delegate authority to a Committee(s) between
Association meetings. Such delegation of authority shall be by
resolution of the Board and may be reconditioned in such manner as
the Board may determine.
6.11) It may exercise any other power necessary and incidental to the
implementation of its powers and duties.
3
ARTICLE 7.
BOARD OF MEMBERS
7.1) The governing body of the Association shall be its Board of Members.
Each Party shall be entitled to one Board Member. Each Board
Member shall have one (1) vote. The Authority of each Party shall
appoint its one (1) Board Member, who shall be an active Council or
Authority member. A preference should be made by the Authority to
appoint council members who also serve on a transit commission or
association previously created by a joint powers agreement to serve on
the Board of Members. Board Members shall serve without
compensation from the Association.
7.2) Proxy voting by a Board Member's designee shall be permitted.
7.3) Each Board Member shall serve until that Board Member's successor
is appointed and assumes his or her responsibilities. Board Members
shall serve at the pleasure of the Party appointing them. When a
Party appoints a Board Member, it shall give notice of such
appointment to the Association's Secretary/Treasurer. Such notice
shall include the mailing address of the person so appointed. The
names and addresses shown on such notices may be used as the
official names and addresses for the purposes of giving notices of any
meetings of the Association.
7.4) A simple mRjority of the Board of Members shall constitute a quorum of the
Board.
7.5) A vacancy on the Board shall be filled by the Authority of the Party
whose position on the Board is vacant.
ARTICLE 8
MEETINGS
8.1) The Association shall meet at least semi-annually and shall hold an
annual organizational meeting in October.
8.2) The Board shall adopt Bylaws governing its procedures, including the
time, place, and frequency of its regular meetings. Such Bylaws may
be amended from time to time.
4
8.3) Special meetings of the Board may be called (a) by the Chair or (b) by
the Board upon written request of the majority of the Board Members.
Three (3) days' written notice of special meetings shall be given to the
Board Members. Such notice shall include the agenda for the special
meeting. Only matters set forth in the agenda shall be considered at a
special meeting.
8.4) Notice of regular meetings of the Board shall be given to the Board
Members by the Secretary/Treasurer at least seven (7) days in
advance and the agenda for such meetings shall accompany the notice.
However, business at regular meetings of the Board need not be
limited to matters set forth in the agenda.
ARTICLE 9.
OFFICERS
9.1) Number, Election, Qualifications - The officers of the Association shall
consist of a Chair, Vice Chair and a Secretary/Treasurer. Each officer
shall be elected at the annual meeting by the Board. The Chair and
Vice Chair shall hold office until the next annual election of officers
and until his/her successor shall have been elected and have qualified
or until his/her earlier disqualification, death, resignation, or removal.
The Secretary/Treasurer's term shall commence on January 1 of the
following year and end on December 31 of that year. All officers shall
be Board Members. New officers shall take office at the adjournment
of the annual meeting of the Association at which they were elected,
with the exception of the Secretary/Treasurer who shall take office on
the first day of January of the following year. Not more than one
Board Member of a Party shall be elected an officer during the same
term. Any officer who ceases to be a Board Member shall at the same
time cease to be an officer. If re-elected, officers may serve for more
than one year.
9.2) Resignation - Any officer of the Association may resign at any time by
giving written notice of his/her resignation to the Board, to the Chair,
or to the Secretary/Treasurer of this Association. The resignation
shall take effect at the time, if any, specified therein or, if no time is
specified therein, upon receipt thereof by said Board Chair, or to the
Secretary/Treasurer. The acceptance of a resignation shall not be
necessary to make it effective.
9.3) Removal - Any officer may be removed, with or without cause, by a
vote of four-fifths (4/5) of the total number of Board Members, at any
meeting of the Board, provided that such purpose is stated in the
notice or waiver of notice of the meeting unless all of the Board
Members of this Association are present at the meeting.
5
9.4) Vacancies - A vacancy in any office because of disqualification, death,
resignation, or removal shall be filled for the unexpired portion of the
term in the manner prescribed herein for election to that office.
9.5) Chair; Vice Chair - The Chair shall preside at all meetings of the
Association and shall perform all duties incident to the office of Chair
and such other duties as may be delegated by the Association. The
Vice Chair shall act as Chair in the absence of the Chair.
9.6) Secretary/Treasurer - The Secretary/Treasurer shall be responsible for
keeping a record of all of the proceedings of the Association. The
Secretary/Treasurer shall send written notice and material pertaining
to agenda items to each Board Member. He/She shall have custody of
the Association's funds, shall pay its bills, and keep its fmancial
records, and generally conduct the financial affairs of the Association.
The Secretary/Treasurer shall be responsible for such other matters as
shall be delegated to him/her by the Association. Orders, checks, and
drafts of the Association shall be issued in accordance with the
financial practices applicable to the member city from which the
Secretary/Treasurer is elected. In conducting the Association's
financial affairs, the Secretary/Treasurer shall, at all times, act in
accordance with general accepted accounting principles. The
Secretary/Treasurer's reports, including any bills or claims to be acted
upon by the Association, shall be distributed to all Board Members.
Any persons may be engaged to perform such services under the
Secretary/Treasurer's supervision and direction, when authorized by
the Association.
9.7) Other officers - The Association may appoint such other officers as it
deems necessary. All such officers shall be Board Members.
9.8) Committees - The Association may appoint such committees as it
deems necessary or desirable to accomplish its purposes.
ARTICLE 10.
FINANCIAL MATTERS
10.1) Association funds may be expended by the Board in accordance with
the procedures established by law for the expenditure of funds by
Minnesota statutory cities. Legal instruments shall be executed with
authority of the Board, by any two (2) officers.
6
10.2) The financial contributions of the Parties in support of the Association
shall be per capita. Each of the Parties shall pay to the Association an
amount as determined by the Board at its annual meeting not to
exceed $.20 per capita by October January 15 of the subsequent year
of each year based upon the most recent Metropolitan Council
population estimates. The fmancial contributions of Affiliate Members
shall be determined by the Board. These amounts may be used by the
Association to pay all legal and consultant costs and expenses and
other expenses as approved by the Board. The Board may authorize
changes in the per capita charge for all members upon majority vote.
10.3) A proposed budget shall be formulated by the Board and submitted to
the Parties on or before August 1 of each calendar year.
.. .. '.
'.• .. . . ._. . . . . Final action adopting a budget
for the ensuing calendar year shall be taken by the Board ire
at the October organizational meeting each year.
10.4) Any Party may inspect and copy the Association books and records at
any and all reasonable times. All books and records shall be kept in
accordance with normal and accepted accounting procedures and
principles used by Minnesota statutory cities.
ARTICLE 11
WITHDRAWAL
11.1) Withdrawal - Any Party or Affiliate Member may withdraw from this
Agreement effective on Aetober4 December 31 of any year by giving
notice pursuant to Section 2 of this Article prior to September-15-0f
theiffeeeding-year September 15.
11.2) Notice - In order to effectuate a withdrawal, a Party or Affiliate Member
withdrawing from the Association shall give written notice to the Chair of the
Association, served personally on the Chair or addressed to the Chair at the address
shown on the records of the Association, and by giving with such notice, a copy of a
resolution of its Council stating its decision to withdraw from the Association. The
withdrawal shall be effective upon actual receipt by the Chair and each officer of
such notice and resolution. The withdrawing Party shall have the responsibility for
such actual receipt by the Chair and each officer. Upon receipt of such notice and
resolution, the Chair of the Association shall forward a copy of the notice and
resolution to each Board Member.
11.3) Financial Effect of Withdrawal - No financial benefit shall inure to a Party or
Affiliate Member that withdraws from this Association nor shall there be any
reimbursement for any contribution made or required of the withdrawn
Party by this Agreement.
7
I
ARTICLE 12
AMENDMENTS
12.1) Amendments - This Agreement may be amended by a vote of two-thirds (2/3) of the
number of Parties at any meeting of the Board, provided that such purpose is stated
in the notice of the meeting and the proposed amendment is provided in writing to
all Board Members at least seven (7) days in advance of the meeting.
ARTICLE 13.
DISSOLUTION
13.1) Duration of Association - The Association shall be dissolved if less than two (2)
Parties remain, or by operation of state or federal law or regulation, now or
hereafter enacted, or by mutual signed agreement of all of the Parties.
13.2) Distribution of Assets - Upon dissolution of the Association, all
remaining assets of the Association, after payment of all obligations,
shall be distributed among the Parties that are Parties to the
Agreement at the time of dissolution, in proportion to their
contributions and in accordance with procedures established by the
Association. The Association shall continue to exist after dissolution
for such period, no longer than six (6) months, as is necessary to wind
up its affairs, but for no other purposes.
IN WITNESS WHEREOF, The municipality of has
caused the Agreement to be signed on its behalf this day of , 19
By:
By:
LMN:jjp:6302_1.W5Is
8
ii•
CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: R. Michael Leek, Community Development Director
SUBJECT: 1997 Electrical Inspection Agreement
DATE: December 31, 1996
INTRODUCTION:
In 1996, the City contracted with Terry Krominga for electrical inspections. The contract
expires December 31, 1996. Attached for the Council's consideration is a new contract
with Mr. Krominga for 1997. There are no proposed language changes from last year in
the contract.
ALTERNATIVES:
1. Renew the contract with Mr. Krominga.
2. Do not renew the contract and seek another source for electrical inspections.
RECOMMENDATION:
Staff recommends approval of the 1997 contract for electrical inspections with Mr.
Krominga.
ACTION REQUESTED:
Offer and pass a motion authorizing the appropriate City officials to execute the electrical
contract with Terry Krominga for the year 1997
R. Michael Leek
Community Development Director
ELECINSP.DOC/RML 1
CONSULTANT CONTRACT
THIS CONTRACT, made and entered into this day of
January, 1997, by and between the City of Shakopee, a municipal
corporation of the State of Minnesota, hereinafter referred to as
the "City" with offices at 129 S. Holmes St . , Shakopee, Minnesota
55379, and Terry Krominga, Box 91, LeSueur, Minnesota 56058,
hereinafter referred to as the "Consultant . "
WITNESSETH:
THAT, WHEREAS, the City of Shakopee desires to engage the
Consultant to render electrical inspector services as more
particularly described in Exhibit A; and
WHEREAS, the Consultant made certain representations and
statements to the City with respect to the provision of such
services and the City has accepted said proposal .
NOW, THEREFORE, for the considerations herein expressed, it
is agreed by and between the City and the Consultant as follows :
1 . Services. The City agrees to engage the services of the
Consultant and the Consultant agrees to perform the services
hereinafter set forth as described in Exhibit A.
2 . Addition to Services . The City may add to the Consultant
services or delete therefrom activities of a similar nature to
those set forth in Exhibit A, P rovided that the total cost of such
work does not exceed the total cost allowance as specified in
Exhibit A hereof. The Consultant shall undertake such changed
activities only upon the direction of the City. All such
directives and changes shall be in written form and prepared and
approved by the Building Official and shall be accepted and
countersigned by the Consultant .
3 . Exchange of Data. All information, data, and reports as
are existing, available and necessary for the carrying out of the
work, shall be furnished to the Consultant without charge, and the
parties shall cooperate with each other in every way possible in
carrying out the scope of services.
4 . Term. This contract shall be for a period of one year.
5 . Pay. The City agrees to pay the Consultant in accordance
with the terms set forth in Exhibit A, which shall constitute
complete compensation for all services to be rendered under this
contract .
6 . Termination. If, through any cause, the Consultant shall
fail to fulfill in timely and proper manner Consultant' s
obligations under this contract, including the requirement to have
a bond and insurance in place, or if the Consultant shall violate
any of the provisions of this contract, the City shall thereupon
have the right to terminate this contract by giving written notice
to the Consultant of such termination and specifying the effective
date thereof, at least five (5) days before the effective day of
such termination. Either party may, with or without cause,
terminate this contract upon 30 days prior written notice.
Notwithstanding the above, the Consultant shall not be relieved of
liability to the City for damages sustained by the City by virtue
of any such breach of the contract by the Consultant .
7 . Assignment . The Consultant shall not assign any interest
in this contract, and shall not transfer any interest in the same,
without prior written consent of the City thereto. None of the
authority or responsibilities of this agreement may be transferred
to another party.
8 . Confidentiality. Any reports, data, or similar
information given to or prepared or assembled by the Consultant
under this contract which the City requests to be kept as
confidential shall not be made available to any individual or
organization by the Consultant without prior written approval of
the City.
9 . Interest. Consultant covenants that it presently has no
interest and shall not acquire any interest, direct or indirect,
which would conflict in any manner or degree with the performance
of services to be performed under this contract . The Consultant
further covenants that in the performance of this contract no
person having such interest shall be employed.
10 . Discrimination. The Consultant agrees in the performance
of this contract not to discriminate on the ground or because of
race, color, creed, religion, national origin, sex, marital status,
status with regard to public assistance, disability, sexual
orientation, or age, against any employee of Consultant or
applicant for employment, and shall include a similar provision in
all subcontracts let or awarded hereunder.
11 . Independent Contractor. The Consultant is an independent
contractor and nothing contained herein shall constitute or
designate the Consultant or any of Consultant' s agents or employees
as agents or employees of the City of Shakopee, Minnesota.
12 . City Benefits . The Consultant shall not be entitled to
any of the benefits established for the employees of the City nor
be covered by the Worker' s Compensation Program of the City.
13 . Liability and Indemnity. The parties mutually agree to
the following:
2
•
a. In no event shall the City be liable to the Consultant for
special, indirect, or consequential damages, except those caused by
the City' s gross negligence or willful or wanton misconduct .
b. The Consultant shall defend, indemnify, and hold the City
harmless from and against all claims, losses, and liabilities
arising out of personal injuries, including death, and damage to
property, which are caused by the Consultant arising out of or in
any way connected with this contract . Consultant further agrees to
defend, indemnify, and hold the City harmless from and against any
claims, losses and liabilities arising out of the award of this
contract to the Consultant .
14 . Notices . All notices required or permitted hereinunder
and required to be in writing may be given by first class mail
addressed to City and Consultant at the address shown above. The
date of delivery of any notice shall be the date falling on the
second full day after the day of its mailing.
15 . Jurisdiction. This contract and every question arising
hereunder shall be construed or determined according to the laws of
the State of Minnesota.
Executed the day and year first above written.
CONSULTANT CITY OF SHAKOPEE, MINNESOTA
By By
Mayor
By
City Administrator
By
City Clerk
Prepared By:
The City of Shakopee
129 S. Holmes St .
Shakopee, MN 55379
[KELEC]
3
EXHIBIT A
Description: The Electrical Inspector shall enforce the
Minnesota Electrical Act, the Rules and Regulations of the State
Board of Electricity thereunder, and the ordinances of the City of
Shakopee pertaining to the licensing of electricians and electrical
installations . All requested inspections shall be made within the
City limits.
Compensation: The rate of compensation shall be 80 percent of
the electrical inspection fees collected by the City of Shakopee.
The City shall remit this amount upon proper accounting for fees,
on a bi-weekly basis .
Security: The Electrical Inspector shall provide the City
with an electrical inspector' s bond in the amount of $1000, payable
to the City of Shakopee, in case of default . The bond shall be in
effect until at least December 31, 1997 .
Insurance : The Inspector shall supply the City with a
verification of automobile liability insurance on an acceptable
form (e .g. Form 1927) showing insurance in amounts of not less than
$50, 000 for any one person, $100, 000 for any one accident for
personal injury, and $10, 000 for property damage.
Rules for Work: The Electrical Inspector shall comply with
the following rules :
1 . Report to the Building Official' s office when called
upon.
2 . Supply a monthly report of inspections completed.
3 . Deposit with the City any inspection fees received in the
field.
4 . Have a Journeyman or Master electrician' s license in
force at all times .
Responsibility: The City is placing trust and authority upon
the Electrical Inspector as an independent contractor qualified and
certified as such to make electrical inspections on behalf of the
City of Shakopee .
[KELEC]
il• 8. C.
CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: R. Michael Leek, Community Development Director
SUBJECT: Moratorium on the siting of sexually oriented businesses in the City of
Shakopee
DATE: January 2, 1997
ITEM. NO.:
Introduction:
The City of Shakopee does not currently regulate the location of adult businesses.
Through early 1996, the City's previous legal and community development staffs had
cooperated with other communities(St. Louis Park, Prior Lake, and Minnetonka) in the
development of adult use ordinances. A public hearing was held on the draft ordinance
before the Planning Commission on July 11, 1996. At that time, the Commission did
recommend adoption of the draft ordinance, which would permit high impact uses in the I-
2 district.
However, Mr. Phil Carlson of the consulting firm of Dahlgren, Shardlow& Uban (DSU)
which was representing Valley Green Business Park on another matter provided testimony
that most of the I-2 zoned land in the City is in Valley Green, and that Valley Green's
covenants prohibit such uses in the Business Park. Based on that information, Mr. Paul
Bilotta (Parsons Brinckerhoff) who previously worked on the original draft ordinance has
been asked to review and revise it in light of the testimony in order to avoid any potential
constitutional problems. In the meantime staff has received inquiries about locating high
impact businesses in Shakopee, and thus is requesting that the Council consider adopting a
moratorium(as had Prior Lake) in order to allow time for refinement of the proposed
regulatory ordinance.
The attached ordinance was prepared by the City Attorney, who will also be available for
questions.
Alternatives:
1. Approve Ordinance No. 471 as presented;
2. Approve the Ordinance No. 471 with revisions;
3. Deny Ordinance No. 471.
SEXBUSMO.DOC/RML 1
Staff Recommendation:
Staff recommends Alternative No. 1.
Action Requested:
Offer and pass a motion adopting the Ordinance No. 471 establishing a moratorium on the
siting of sexually oriented businesses within the City of Shakopee and directing a study to
be conducted.
R. Michael Leek
Community Development Director
SEXBUSMO.DOC/RML 2
DEC. -26' 96 (THU) 16= 16 PARSONS BRINCKERHOFF TEL•612 378 0019 P. 012
OCT 31 '96 11:19 KENNEDY & GRAVEN P.2
CITY OF SHAKOPEE
ORDINANCE NO.
AN ORDINANCE PLACING A MORATORIUM ON THE
SITING OF SEXUALLY ORIENTED BUSINESSES WITHIN
THE CITY OP SHAKOPEE AND DIRECTING A STUDY TO
BE CONDUCTED.
THE CITY OF SHAKOPEE DOES ORDAIN:
Section 1. Packground.
1.01. The State Attorney General has prepared a report entitled "report of the Attorney
General's Working Group on Regulation of Sexually Oriented Businesses",dated June 6, 1989,
prepared by Hubert H. Humphrey, Ill, Attorney General of the State of Minnesota/Olmstead
•
County Planning Department"Adult Entertainment Report"dated March 2, 1988,and"A 40-Acre
Study" prepared by the St. Paul Division of Planning in 1987, all of which reports are hereafter
collectively referred to as "Reports". The Reports considered evidence from studies conducted
in Minneapolis and St. Paul and in other cities throughout the country relating to sexually
oriented businesses.
1.02. The Attorney General's Report, based upon the above referenced studies and the
testimony presented to it has concluded"that sexually oriented businesses are associated with high
crime rates and depression of property values." In addition, the Attorney General's Working
Group heard testimony that the character of a neighborhood can dramatically change when there
is a concentration of sexually oriented businesses adjacent to residential property. The Reports
conclude that:
a. sexually oriented businesses have an impact on the neighborhoods surrounding
them which is distinct from the impact caused by other commercial uses;
b. residential neighborhoods located within close proximity to sexually oriented
businesses experience increase crime rates (sex-related crimes in particular),
lowered property values, increased transiency, and decreased stability of owner-
ship;
c. the adverse impacts that sexually oriented businesses have on surrounding areas
diminish as the distance from sexually-oriented businesses increases;
d. studies of other cities have shown that among the crimes which tend to increase
either within or in the near vicinity of sexually oriented businesses are rapes,
prostitution, child molestation, indecent exposure and other lewd and lascivious
behavior;
•
J4T13.Z44 1
S 1155-13
DEC. -26' 96 (THU) 16: 16_ PARSONS BRINCKERHOFF TEL:612 378 0019 P. 013
----------OCT 31 '9-11:19 KENNEDY & GRAVEN p.3
•
a. the City of Phoenix, Arizona study confirmed that the sex crime rate was on the
average 500 percent higher in areas with sexually oriented businesses;
f. many members of the public perceive areas within which sexually e uses.
• businesses are located as less safe than other areas which do not
studies of other cities have shown that the values of both commercial and
$
residential properties either are diminished or fail to appreciate at the rate of other
comparable properties when located in proximity to sexually oriented businesses;
and
h. the Indianapolis,Indiana study established that professional real estate appraisers
believe that sexually oriented businesses have a negative effect on the value of
both residential and commercial properties within a one to three block area of the
business.
1.03. The City Council finds the characteristics of Shakopee arsimilare of the
cities cited by the Reports when considering the affects of sexually oriented
1.04. The City Council finds, based upon the Reports and the studies cited therein,that
sexually oriented businesses will have secondary effects upon certain land uses within
the City.
1.05. The City's zoning ordinance does not address such uses which have been found
by other municipalities to cause similar adverse secondary effects.
1.06. The City Council is concerned that the City's zoning ordinance may be inadequate
in its scope and in its restrictions to accomplish the purpose for which it was intended.
1,07. In addition to the proper zoning classification of such uses,there are a number of
significant planning and land use issues pertaining to the regulation of such businesses,including
the following:
a. The particular zoning districts in which such uses should be allowed as either
permitted or conditional uses.
b. The concentration and density of such uses in the City and its neighborhoods.
c. The effect of such uses on other uses in the surrounding area.
1.08. There is a need for a study to be conducted so that the City can adopt a set of
comprehensive plans and land use zoning regulations pertaining to sexually oriented businesses.
Such a study will address the land use and zoning issues, including those referenced above.
1.09. There is a need for an interim ordinance to be adopted for the purpose of
protecting the planning process and the health,safety,and welfare of the citizens of the City and
to ensure that the City and its citizens retain the benefits of the City's comprehensive plan and
aazsz�+i 2
esus -ir
DEC. -26' 96 (THU) 16: 17 PARSONS BRINCKERHOFF TEL:612 378 0019 P. 014
31 '96 11:2KENNEDY & GRAVEN �,,
zoning ordinance until such a study has been completed. There is a need to restrict such uses
until such a study has been completed and any modifications to the City's zoning and land use
• regulations are accomplished.
1.10. The City Council has directed that such a study be undertaken.
1.11. Minnesota Statutes,section 462.355,subdivision 4 permits the adoption of interim
zoning ordinances during the planning process.
Sec. 2. pefinitions.
2.01. "Limited Impact Business"means a business where sexually oriented materials are
sold, bartered, distributed, leased, furnished, or otherwise provided, and which meets all of the
following criteria:
a. all sexually oriented materials are provided for use or entertainment off the
business premises only;
b. all sexually oriented materials are provided from a separate area to which persons
under the age of 18 are prohibited access;
c. the separate area does not exceed a maximum of 20% of the retail floor area of
the establishment, or 300 square feet, whichever is less;
d. no person outside the separate area is able to perceive or observe any sexually
oriented materials at any time, including when someone is entering or exiting the
separate area, shopping, or purchasing sexually oriented materials;
e. a sign is displayed on the entrance to the separate area,which reads: "No person
under ore age of 18 is allowed in this area."
f. the entry into the separate area is visible to an employee of the business at all
tunes.
2.02. "High Impact Business" means a business where sexually-oriented materials are
sold, bartered, distributed, leased, furnished or otherwise provided and which meet any of the
following criteria:
a. a business where sexually oriented materials arc sold,bartered,distributed,leased,
furnished, exhibited, or otherwise provided for use or entertainment on the
business premises;
b. a business where specified sexual activities are explicitly verbally described or
shown;
•
c. a business where specified anatomical areas are explicitly verbally described or
shown;
J4T112s41 3
$11155-13
DEC. -26' 96 (THU) 16: 17 PARSONS BRINCKERHOFF TEL:612 378 0019 P. 015
OCT 31 '96 11:2E0 KENNEDY & GRAVEN P.S
d. a business providing sexually oriented materials for off-site use or entertainment,
which has a separate area but does not meet the size or other restrictions to qualify
as a limited impact business; and
e. a business providing sexually oriented materials for off-site use or entertainment,
where the sexually oriented materials are dispensed within the business rather than
isolated in a separate area.
2.03. "Sexually oriented business"means any limited impact business or any high impact
business.
2.04. "Sexually oriented materials" means visual, printed, or aural materials, and other
objects or devices, which:
a. contain,depict,or describe specified sexual activities or specified anatomical areas,
b. are marketed for use in conjunction with, or are primarily used only with or
during specified sexual activities.
2.05. Specified Anatomical Areas:
a. Less than completely and opaquely covered human genitals,pubic region,buttock,
anus,or female breast(s)below a point immediately above the tope of the areola;
and
b. Human male genitals in a discernable turgid state,even if completely and opaquely
covered.
2.06. Specified Sexual Activities.
a. Actual or simulated sexual intercourse,oral copulation,anal intercourse,oral-anal
copulation,bestiality,direct physical stimulation of unclothed genitals,flagellation
or torture in the context of a sexual relationship,or the use of excretory functions
in the context of a sexual relationship, and any of the following sexually-oriented
acts or conduct: anilingus,buggery,coprophagy,coprophilia,cunnilingus,fellatio,
necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerastia; or
b. Clearly depicted human genitals in the state of sexual stimulation, arousal or
tumescence; or
c. Use of human or animal ejaculation, sodomy, oral copulation, coitus, or
masturbation; or
d. Fondling or touching of nude human genitals, pubic region, buttocks, or female
breast(s); or
JJT112N1 4
5M156-13
DEC. -26' 96 (THUl 16: 18 PARSONS BRINCKERHOFF TEL:612 378 0019 P. 016
OCT 31 '96 1121 KENNEDY & GRAVEN P.
•
• or , any of whom are nude, clad in
e. Situations involving a person Persons
tmdergarnients or in sexually revealing cowin activi-
ties
and who are engaged
involving the flagellation,torture,fettering,binding or other physical restraint
of any such persons; or
f. Erotic or lewd touching,fondling or other sexually oriented contact with an animal
by a human being; or
g. Human excretion, urination,menstruation, vaginal m anal irrigation.
Sec. 3. Planning and Zoning Sttuln lvforatortwrt.
staff to determine how sexually
3.01. A study is authorized to be conducted by City
oriented businesses should be regulated within the City. The scope of the study should include,
but is not limited to, the following:
a. the particular zoning districts in which sexually oriented businesses should be
allowed as either permitted or coalitional uses;
b. the density and concentration of such uses;
c. the effect of such uses on other uses in the surrounding area.
3.02. Upon completion of the study, the matter is to be considered by the Planning
Commission for its review and recommendation to the City Council.
3.03. A moratorium on the development or location of high impact businesses is adopted
pending manpletion of the study and the adoption of any amendments to the City's zoning
ordinance. During the term of this ordinance,no high impact businesses shall be located less than
1000 feet from any residentially-zoned property, residential structure, public day care, library,
park,religious institution,playground or other public recreational facility in any zoning district,
major recreation zone, or any premise licensed under Chapter 5 of the City Code.
Sec. 4. Bnforatinpl. The City may enforce any provision of this ordinance by
mandamus, injunction or any other appropriate civil remedy in any court of competent
jurisdiction.
Sec. 5. ability. Every section, provision or part of this ordinance is declared
separable from every section,provision or part of this ordinance. If any section, provision, or
part of this ordinance is adjudged to be invalid by a court of competent jurisdiction, such
judgment shell not invalidate any other section, provision, or part of this ordinance.
Sec. 6. Nags& This ordinance shall remain in effect for one year from the date of its
effective date or until such earlier time as said ordinance shalt be revoked or otherwise amended.
JJT112441
01154-11
DEC. -26' 96 (THU) 16 19 PARSONS BRINCKERHOFF TEL 612 378 0019 P. 017
OCT 31 '96 11:21 KENNEDY & GRAVEN P.7
Sec. 7, $ffectiveXate. This ordinance shall take effect from and after the date of its
publication.
Passed in session of the City Council of the City of Shakopee,Minnesota,held
this day of , 1996.
k$Henderson, A+ iyor
ATTEST: City Clerk
Approved as to form: City Attorney
Published in the Shakopee Valley News on the day of , 1996.
•
1J'P112441 6
Sal 55-13
/1 • c, 1 .
CITY OF SHAKOPEE
Memorandum
TO: Mayor& City Council
Mark McNeil, City Administrator
FROM: Bruce Loney, Public Works Director
SUBJECT: 1996 Reconstruction Project No. 1996-2
Approval of Additional Work
DATE: January 7, 1997
INTRODUCTION:
Attached is a breakdown of quantity overruns and additional work performed on the 1996
Street Reconstruction Project. The Council awarded the contract to Barbarossa & Sons,
Inc. on June 4, 1996. The Council authorized the City Engineer a 5% contingency
amount, above the original contract amount, to cover quantity overruns and change order
work.
In the attached cost overruns and change order work explanation sheets, the contract will
be increased by 8.31%, once the project is completed next spring. The extra costs are
associated with quantity overruns that were not included in the original contract. For
instance, the "bituminous removal" on Shakopee Avenue was inadvertently omitted for
the original quantity in the contract and amounts to $10,716.00.
Staff needed to have the contractor perform the work shown on the explanation
attachment, in order to complete the project to City and Shakopee Public Utilities
Commission's standards. At this time, the contract total approved for payment is
$811,158.13. This amounts to 105% of the original contract.
Staff is requesting Council authorization for a 8.5% increase in the original contract
amount in order to complete the project this coming construction season.
ALTERNATIVES:
1. Move to approve an 8.5% contingency amount for the 1996 Street Reconstruction
Project.
2. Do not increase the contingency amount.
3. Table for additional information.
RECOMMENDATION:
Staff recommends Alternative No. 1, as the work was necessary and this is needed in
order to complete the work this spring.
ACTION REQUESTED:
Move to approve an 8.5% contingency amount for the 1996 Street Reconstruction
Project.
4.n
Bruce Loney
Public Works Director
BL/pmp
CO
OVERRUN.XLS
1996 RECONSTRUCTION PROJECT
break down of estimated cost overrun
The estimated project cost overrun is 8.31%of the original contract amount$775,693.05 or$64,465.00
Of this amount comprised approximately$40,575.00 is City funded and$23,890.00 SPUC funded.
As you requested,the following is a itemization of this amount and explaination of how the funds were incumbered.
CITY
Amount Item Description Explaination
$10,716.00 Remove Bituminous Unaccounted for in original contract
$4,452.00 2 1/2"bit.for Driveways Unaccounted for in original contract
$2,857.00 B618 Curb&Gutter Rem.-Repl.ex.c&g at intersections on Shakopee Ave.
&eslewhere.
$2,420.00 6"Concrete Driveway Per City policy, provided wider Drwys, maintained 12ft.min.width
to RNV at request of prop.owners,&add. length to provide drainage.
$1,903.00 8"Concrete Driveway Per City policy,provided wider Drwys,maintained 12ft. min.width
to RNV at request of prop.owners,&add. length to provide drainage.
$2,472.00 12"RCP Storm Pipe Additional Storm Sewer on Shakopee Ave.&elsewhere
$4,000.00 2'x3'Catchbasin Unaccounted for in original contract&additional cathbasins
on Shakopee Ave.
$2,500.00 Connect to storm sewer Unaccounted for in original contract
$4,500.00 8"PVC Sewer Pipe Additional sewer to provide bsmt.drainage to property at
119 E.7th St.&add.sewer elsewhere.
$1,500.00 24"Steel Casing Additional length as req'd by railroad
$3,255.00 Change Order#1 Change of conditions
$40,575.00 Total City over-run
Page 1
Page2
SPDC
Amount Item Description Explaination
$6,237.00 6"Watermain Additional length to provide extra gatevalves&hydrants on
Shakopee Ave.&elsewhere.as SPUC ordered
$1,230.00 8"Watermain Additional length to provide extra gatevalves&hydrants on
Shakopee Ave.&elsewhere.as SPUC ordered
$1,350.00 6"Gatevalve Additional gatevalves as SPUC ordered
$550.00 8"Gatevalve Additional gatevalves as SPUC ordered
$5,600.00 Hydrants Additional Hydrants on Shakopee Ave.&elsewhere as SPUC ordered
$1,750.00 30"Steel Casing Additional length as req'd by railroad
$1,750.00 Exploratory Digging Compensation for additional gatevale&hydrant excavation on
Shakopee Ave.as SPUC ordered
$2,612.00 Rock Exc.&Pipe Bedding As-built quanities,more rock was encountered
$2,811.00 Bit. patch(incld.6"gravel) Restoration of areas beyond project limits to facilitate extra hydrants
&gatevalve on Shakopee Ave.&elsewhere. as SPUC ordered
523.890.00 total SPUC overrun
Page 2
- .__ .v ..v . • v.• • a...a.aa..✓a u .anrava..a 44.1.0l LJJ I.7J4
. 11 .5 e DRESOLUTION NO. 4599 C. 2 .
A Resolution
Accepting Appraisal Report Prepared By
Peter J. Patchin & Associates, Inc. Of
Four Undeveloped Parcels of Land Lying South of
The Highway #101 By-Pass And East Of County Road 17
SS-H Trunk Sewer
Project No.'s 1996-6 And 1996-9
WHEREAS, the Council authorized the preparation of an appraisal report for easement
acquisition; and
WHEREAS,the appraisal report has been prepared and delivered to the City by Peter J.
Patchin & Associates, Inc.; and
WHEREAS, the City staff has reviewed the appraisal report and has found the report to
have been prepared in accordance with approved appraisal standards.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SHAKOPEE, MINNESOTA:
I. The appraisal report prepared by Peter J. Patchin & Associates, Inc., for the City
of Shakopee, and dated October 7, 1996- SS-H Trunk Sewer, Project No.'s 1996-
6 and 1996-9, has been accepted and approved by the City of Shakopee.
2. The following amounts are the approved appraisals of value for the easements to
be acquired over each of the four subject properties:
Parcel A (Owner, Eugene Hauer) $1,950.00
Parcel B (Owner, Gene Hauer Farms) $5,800.00
Parcel C (Owners, Gary and Gregory Kerkow) $4,650.00
Parcel D (Owner, Eugene Hauer) $2,050.00
Adopted in - session of the City Council of the City of Shakopee,
Minnesota, held this day of , 1997.
Mayor of the City of Shakopee
ATTEST:
City Clerk
i i . C • •
CITY OF SHAKOPEE
Memorandum
TO: Mayor& City Council
Mark McNeill, City Administrator
FROM: Joel Rutherford,Assistant City Engineer
SUBJECT: Consider Accepting Appraisal Report, dated October 7, 1996,Prepared by
Peter J. Patchin&Associates,Inc. for the City of Shakopee
SS-H Trunk Sewer, Project No.'s 1996-6 & 1996-9
DATE: January 7, 1997
BACKGROUND:
The City Council authorized an appraisal for the purpose of acquiring the easements
necessary for Project No.'s 1996-6 and 1996-9. These projects involve the installation of
trunk and lateral sanitary sewer, necessary to serve properties east and south of the St.
Francis Medical Campus. City Council authorized staff to proceed with condemnation of
the easements, because an agreement could not be reached between the City and the
property owners, for the acquisition of the easements.
As part of the condemnation proceedings, the City Council must consider the acceptance
of the appraisal that was prepared for the acquisition. Attached is Resolution No. 4599,
for City Council consideration. As part of the resolution, a portion of the appraisal report
has been attached. I have a complete appraisal report available for use by the Council
members, at City Hall.
ALTERNATIVES:
1. Adopt Resolution No. 4599, accepting appraisal report prepared by Peter J. Patchin
& Associates, Inc. of four undeveloped parcels of land lying south of the Highway
#101 By-pass and east of County Road 17.
2. Table this item.
3. Do not adopt Resolution No. 4599.
RECOMMENDATION:
Staff recommends Alternative No. 1.
ACTION REQUESTED:
Offer Resolution No. 4599, A Resolution Accepting Appraisal Report Prepared by
Peter J. Patchin & Associates, Inc. of Four Undeveloped Parcels of Land Lying South of
the Highway #101 By-pass and East of County Road 17, SS-H Trunk Sewer, Project
No.'s 1996-6 and 1996-9 and move its adoption.
/ - /
.4e
Joel Rutherford
Assistant City Engineer
APPRAISAL
RESOLUTION NO. 4599
A Resolution
Accepting Appraisal Report Prepared By
Peter J. Patchin & Associates, Inc. Of
Four Undeveloped Parcels Of Land Lying South Of
The Highway #101 By-Pass And East Of County Road 17
SS-H Trunk Sewer
Project No.'s 1996-6 And 1996-9
WHEREAS, the Council authorized the preparation of an appraisal report for
easement acquisition; and
WHEREAS, this appraisal report has been prepared and delivered to the City by
Peter J. Patchin&Associates, Inc.; and
WHEREAS, the City Council has reviewed the appraisal report.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SHAKOPEE,MINNESOTA:
1. The appraisal report prepared by Peter J. Patchin & Associates, Inc., for the City
of Shakopee, and dated October 7, 1996 - SS-H Trunk Sewer, Project No.'s
1996-6 and 1996-9, has been accepted and approved by the City of Shakopee.
Adopted in session of the City Council of the City of
Shakopee,Minnesota,held this day of , 1997.
Mayor of the City of Shakopee
ATTEST:
City Clerk
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9652
7
LOCATION AND LEGAL DESCRIPTION
Subject Parcel D
Subject Parcel D is located from 1,140 feet to 1,240 feet south of the new Highway #101
By-Pass and 2,890 feet east of County Road #17.
P.I.D. Number: 27-917-020-0
Legal Description (Part Of):
The Southwest Quarter of the Southwest Quarter of Section 8, Township 115, Range 22, Scott
County, Minnesota except for the South 33 feet thereof and except for the South 330 feet of
the West 330 feet thereof(as measured along the South and West lines), according to the
U.S. Government Survey thereof, Scott County, Minnesota:
Together with
The Northwest Quarter of the Northeast Quarter of Section 17, Township 115, Range 22,
except the.railroad right-of-way and except the North 33 feet,for road purposes, according
to the U.S. Government Survey thereof, Scott County, Minnesota;
Together with
The Southeast Quarter of the Southeast Quarter of Section 7, Township 115, Range 22,
except the South 8 feet thereof for road purposes, according to the government survey
thereof Scott County, Minnesota.
TAX AND ASSESSMENT DATA
1995 Assessor's Market
Value: Land Buildings Total
Subject Parcel A: $ 96,700 -0- $ 96,700
Subject Parcel B: $149,500 -0- $149,500
Subject Parcel C: $ 63,300 -0- $ 63,300
Subject Parcel D: $ 60,700 -0- $ 60,700
Real Estate Taxes General Special
Payable 1996: Taxes Assessments Total
Subject Parcel A: $ 648.00 -0- $ 648.00
Subject Parcel B: $ 244.00 - -0- $ 244.00
Subject Parcel C: $1,108.00 -0- $1,108.00
Subject Parcel D: $ 488.00 -0- $ 488.00
Patchin&Associates,Inc.
Valuation Consultants
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9652
62
ANALYSIS OF TAKINGS
Subject Parcel A- 32.12 Acres (1,399,147 SF)
Subject Parcel A will suffer a partial taking in the form of a permanent easement and a
temporary easement. The area taken by these easements is as follows:
Permanent Easement 8,598 SF
Temporary Easement 37,672 SF
We have concluded the highest and best of the subject is the same both before and after
placement of the permanent easement and that no severance damage to the subject
results from the taking. Furthermore, all of the permanent easement lies within required
residential setback areas. As a result, we have selected a taking factor at the lower end
of the range, or 20%. The market value for Subject A is estimated at $0.50 per SF. The
value of the permanent easement can now be estimated as follows:
8,598 SF x $0.50 Per SF x 20°I° = $860
Rounded To $850
The temporary easement is calculated by using the rent loss technique. Based upon our
observations of the investment and lending markets, we believe a 9% rate of return to
the land is appropriate. The temporary easement runs for 8 months from October, 1996
to May 1, 1997. The annual fair rent is estimated as follows:
37,672 SF x $0.50 Per SF x 9% = $1,695 Per Year
$1,695 _ 12 Months = $141.25 Per Month
Patchin &Associates,Inc.
Valuation Consultants
9652
63
ANALYSIS OF TAKINGS
Subject Parcel A- 32.12 Acres (1,399,147 SF)
The present value of rent loss can now be calculated.
$141.25 x 7.737* _ $1,093
Rounded To $1,100
The total damages to Subject Parcel A can now be estimated as follows:
Taking by Permanent Easement $ 850
Taking by Temporary Easement $1,100
Estimated Damages of Taking $1,950
r
* Present worth factor for an annuity for 8 months @ 9% annual discount.
Patch in&Associates,Inc.
Valuation Consultants
9652
64
ANALYSIS OF TAKINGS
Subject Parcel B - 47.74 Acres (2,079,544 SF)
Subject Parcel B will suffer a partial taking in the form of a permanent easement and a
11
temporary easement. The area taken by these easements is as follows:
Permanent Easement 24,125 SF
Temporary Easement 93,660 SF
We have concluded the highest and best of the subject is the same both before and after
placement of the permanent easement. Furthermore, over 40% of the permanent
easement lies within required residential setback areas, while most of the remainder is
within an existing permanent NSP powerline easement. As a result, we have selected a
taking factor at the upper end of the range, or 30%. The market value for Subject B is
estimated at $0.45 per SF. The value of the permanent easement can now be estimated
as follows:
24,125 SF x $0.45 Per SF x 30% = $3,257
Rounded To $3,250
The temporary easement is calculated by using the rent loss technique. Based upon our
observations of the investment and lending markets, we believe a 9% rate of return to
the land is appropriate. The temporary easement runs for 8 months from October, 1996
to May 1, 1997. Since 800 SF of the temporary easement area is considered to be
severed lands lying between the proposed sanitary sewer trunk easement and existing
NSP power lines easement, damages (severance) to this area will be treated similar to
that of permanent easement area. Thus, damages resulting from the temporary easement
will be based upon a revised area of 92,860 SF (93,660 SF - 800 SF). Refer to
Description of Taking - Subject Parcel B for further details. The annual fair rent is
estimated as follows:
92,860 SF x $0.45 Per SF x 9% = $3,761 Per Year
$3,761 _ 12 Months = $313.42 Per Month
Patch in &Associates,Inc.
Valuation Consultants
A—
9652
65
ANALYSIS OF TAKINGS
Subject Parcel B - 47.74 Acres (2,079,544 SF)
The present value of rent loss can now be calculated.
$313.42 x 7.737* = $2,425
Rounded To $2,450
In addition, 800± SF of severed land area will be permanently encumbered as previously
discussed. The amount of severance damage caused by the alignment of the permanent
easement can be calculated as follows:
800 SF x $0.45 Per SF x 30% = $108
Rounded To $100
The total damages to Subject Parcel B can now be estimated as follows:
Taking by Permanent Easement $3,250
Taking by Temporary Easement $2,450
Severance Damages $ 100
Estimated Damages of Taking $5,800
* Present worth factor for an annuity for 8 months @ 9% annual discount.
Patchin&Associates,Inc.
Valuation Consultants
9652
66
ANALYSIS OF TAKINGS
Subject Parcel C - 39.0 Acres (1,698,840 SF)
Subject Parcel C will suffer a partial taking in the form of a permanent easement and a
temporary easement. The area taken by these easements is as follows:
Permanent Easement 21,690 SF
Temporary Easement 84,518 SF
We have concluded the highest and best of the subject is the same both before and after
placement of the permanent easement and that no severance damage to the subject
results from the taking. Furthermore, over 60% of the permanent easement lies within
required residential setback areas, while the balance is aligned with the proposed French
Trace roadway to be extended from the west. As a result, we have selected a taking
factor near the middle of the range, or 25%. The market value for Subject C is estimated
at $0.45 per SF. The value of the permanent easement can now be estimated as follows:
21,690 SF x $0.45 PerSFx25% = $2,440
Rounded To $2,450
The temporary easement is calculated by using the rent loss technique. Based upon our
observations of the investment and lending markets, we believe a 9% rate of return to
the land is appropriate. The temporary easement runs for 8 months from October, 1996
to May 1, 1997. The annual fair rent is estimated as follows:
84,518 SF x $0.45 Per SF x 9% = $3,423 Per Year
$3,423 _ 12 Months = $285.25 Per Month
Patch in&Associates, Inc.
Valuation Consultants
1
9652
67
ANALYSIS OF TAKINGS
Subject Parcel C - 39.0 Acres (1,698,840 SF)
The present value of rent loss can now be calculated.
$285.25 x 7.737* _ $2,207
Rounded To $2,200
The total damages to Subject Parcel C can now be estimated as follows:
Taking by Permanent Easement $2,450
Taking by Temporary Easement $2,200
Estimated Damages of Taking $4,650
* Present worth factor for an annuity for 8 months @ 9% annual discount.
Patchin&Associates,Inc.
Valuation Consultants
9652
68
ANALYSIS OF TAKINGS
Subject Parcel D - 38.86 Acres (1,692,742 SF)
Subject Parcel D will suffer aartial taking gin the form of a permanent easement and a
temporary easement. The area taken by these easements is as follows:
Permanent Easement 11,645 SF
Temporary Easement 48,008 SF
We have concluded the highest and best of the subject is the same both before and after
placement of the permanent easement and that no severance damage to the subject
results from the taking. Furthermore, all of the permanent easement lies within required
residential setback areas. As a result, we have selected a taking factor at the lower end
of the range, or 20%. The market value for Subject D is estimated at $0.40 per SF. The
value of the permanent easement can now be estimated as follows:
11,645 SF x $0.40 Per SF x 20% _ $932
Rounded To $950
The temporary easement is calculated by using the rent loss technique. Based upon our
observations of the investment and lending markets, we believe a 9% rate of return to
the land is appropriate. The temporary easement runs for 8 months from October, 1996
to May 1, 1997. The annual fair rent is estimated as follows:
48,008 SF x $0.40 Per SF x 9% = $1,728 Per Year
$1,728 _ 12 Months = $144.00 Per Month
Patchin &Associates,Inc.
Valuation Consultants
1
9652
69
ANALYSIS OF TAKINGS
Subject Parcel D - 38.86 Acres (1,692,742 SF)
The present value of rent loss can now be calculated.
$144.00 x 7.737* _ $1,114
Rounded To $1,100
The total damages to Subject Parcel D can now be estimated as follows:
Taking by Permanent Easement $ 950
Taking by Temporary Easement $1,100
Estimated Damages of Taking $2,050
* Present worth factor for an annuity for 8 months @ 9% annual discount.
Patchin &Associates,Inc.
Valuation Consultants
L
9652
70
FINAL SUMMARY
The estimated market values and takings for each of the subject properties are
summarized below.
Perman- Tempor- Sever- Total Just
ent ary ance Compensation
Subject Market Value Easement Easement Damage (Rounded)
A $ 700,000 $ 850 $1,100 -0- $ 1,950
B $ 935,000 $3,250 $2,450 $100 $ 5,800
C $ 765,000 $2,450 $2,200 -0- $ 4,650
D $ 675,000 $ 950 $1,100 -0- $ 2,050
Totals $3,075,000 $7,500 $6,850 $100 $14,450
Patchin&Associates, Inc.
Valuation Consultants
)!. C. 3 .
CITY OF SHAKOPEE
Memorandum
TO: Mayor& City Council
Mark McNeill, City Administrator
FROM: Bruce Loney, Public Works Director
SUBJECT: Amended Assessments for C.R. 16 Sanitary Sewer and Water Services,
Project No. 1994-11
DATE: January 7, 1997
INTRODUCTION:
Attached is Resolution No. 4594, which adopts amended assessments for the County
Road (C.R.)16 Sanitary Sewer and Water Services improvements, Project No. 1994-11
as shown on the attached amended assessment roll dated January 2, 1997.
BACKGROUND:
At the December 3, 1996 City Council meeting, the Council adopted the assessments for
the C.R. 16 Sanitary Sewer and Water Services Project by adopting Resolution No. 4567.
City Council also directed the City Attorney to prepare an agreement between the
property owners with existing onsite sewage systems for an assessment reduction with
conditions as outlined in the Council memo dated December 3, 1996. Staff has received
agreements from the following property identification numbers:
P.I.D. No. Original Assessment Revised Assessment
27-119001-0 $10,580.95 $7,580.95
27-905005-0 $10,729.11 $7,729.11
27-905008-0 $11,361.93 $8,361.93
27-908019-0 $ 8,025.33 $6,000.00
27-908072-0 $12,966.10 $9,966.10
27-908013-0 $8,578.08 $6,000.00
With the signed agreement, the property owners are waiving their right to appeal the
assessment and with the condition that the City will reduce their assessment by
$3,000.00, maximum per system or to a minimum of$6,000.00 total assessment. The
resolution before City Council adopts the amended assessment roll which contains the
revised amounts for those parcels that have signed the agreement for the assessment
reduction. Staff has also contacted Scott County Auditor and these assessments that were
certified after the December 3, 1996 meeting will be reduced as per the County Auditor.
ALTERNATIVES:
1. Adopt Resolution No. 4594, a resolution adopting amended assessments as attached.
2. Deny Resolution No. 4594 for a specific reason.
3. Table for additional information.
RECOMMENDATION:
Staff recommends Alternative No. 1, to adopt Resolution No. 4594, so the assessments
that have been reduced by an agreement between the property owners and the City can be
officially adopted by the Council. Also, staff would recommend that the appropriate City
officials be authorized to execute the assessment reduction agreement that have been
signed by the property owners.
ACTION REQUESTED:
1. Offer Resolution No. 4594, A Resolution Amending Resolution No. 4567 for County
Road 16 Sanitary Sewer and Water Services, Between County Road 17 and County
Road 83, Project No. 1994-11 and move its adoption.
2. Authorize the appropriate City officials to execute the assessment reduction
agreements that have been signed by property owners on Project No. 1994-11.
z2 ' r
Bruce Loney
Public Works Director
BL/pmp
MEM4594
AGREEMENT
This Agreement is entered into as of December 19, 1996
between Van & Shirley Sindelar ("Property Owners") and the City of
Shakopee ("City") .
Recitals
1 . By Resolution No. 4567, the City Council adopted
assessments for sanitary sewer and water services for the County
Road 16 public improvement project, Project No. 1994-11
("Project") .
2 . Property Owners is the fee owners of the property with
the PID No. 27-908019-0 ("Property") . The Property is located in
the Project area.
3 . By Resolution No. 4567, the City Council adopted the
assessment roll for the Project, which includes an assessment in
the amount of $8, 025 .33 on the Property. Property Owner has
objected to the assessment on the Property.
4 . The Property has an existing on-site sewage treatment
system.
5 . The City is willing to reduce the assessment on the
Property by up to $3000 . 00, provided that the reduced assessment
is no less than $6000 . 00 .
Now, Therefore, in consideration of the mutual promises and
covenants contained in this Agreement, the Property Owner and the
City agree as follows :
1 . The assessment on the Property shall be reduced to
$6, 000 . 00 . The reason for the reduction is that the
Property has an existing on-site sewage treatment
system.
2 . The Property Owner irrevocably waives and relinquishes
any right to appeal the levy of the assessments as set
forth in Resolution No. 4567 and releases any and all
claims against the City arising out of the levying of
the assessments for sanitary sewer and water, including
JJT114589
SH155-13
but not limited to the right to appeal the assessment
set forth in Minn. Stat . § 429 . 081 .
3 . The Property Owner represents and warrants that
Property Owner: (1) is the owner of 100 percent of
the Property and that Property Owner has the full legal
power and authority to enter into this agreement; and
(2) has fee simple absolute title to the Property and
that the Property is not subject to any liens,
interests or encumbrances, except as listed on Exhibit
A to this agreement.
‘Z/ez-rt.
Property Own r
Pro/ty Owner
CITY OF SHAKOPEE
By
Jeff Henderson
Its Mayor
By
Mark McNeill
Its City Administrator
By
Judy Cox
Its Clerk
JJT114589
SH155-13
RESOLUTION NO. 4594
A Resolution Amending Resolution No. 4567
Adopting Assessments
For County Road 16 Sanitary Sewer
And Water Services, Between County Road 17
And County Road 83
Project No. 1994-11
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
Installation of sanitary sewer and water services on County Road 16, from County Road 17 to County
Road 83; and
WHEREAS, the City Council of Shakopee directed the City Attorney to prepare an
agreement between the city and property owners who have existing on-site sewer and water systems
for an assessment reduction with conditions; and
WHEREAS,certain property owners have executed such agreement for assessment reduction
with conditions;and
WHEREAS, an amended assessment roll has been prepared to include the assessment
reductions and is attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SHAKOPEE,MINNESOTA: That Resolution No. 4567 is hereby amended by the attached list
of six parcels and as per the assessment amount listed.
Adopted in session of the City Council of the City of
Shakopee,Minnesota, held this day of , 1997.
Mayor of the City of Shakopee
A'rrEST:
City Clerk
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CITY OF SHAKOPEE
Memorandum
TO: Mayor& City Council
Mark McNeill, City Administrator
FROM: Joel Rutherford, Assistant City Engineer
SUBJECT: Consider Developer's Request to Release Existing Easement Areas
DATE: January 7, 1997
BACKGROUND:
The developer for the Samantha Woods sub-division has requested the release of
easements no longer needed. These easements are no longer needed, due to the
easements that are included on the plat. The original easements were dedicated by deed,
not to the public, so they do not require the statutory public hearing. However, Council
must authorize the execution of the deeds releasing the easements to the underlying
property owners.
Staff has reviewed the legal descriptions included with the deed documents, and staff has
reviewed those areas requested by the developer's surveyor for release. Attached, as
Exhibit A, is a copy of the plat with hatched areas showing the easement areas under
consideration.
Staff concurs that the underlying easements (Document Number's 145112, 202525, and
202527), shown on Exhibit A, are no longer necessary within the Samantha Woods plat.
ALTERNATIVES:
1. Authorize the appropriate City staff to execute the necessary documents to release
those easement areas that have been recorded by Document Number's 145112,
202525, and 202527, that are no longer needed within the Samantha Woods
subdivision.
2. Table this item.
3. Do not release the easements.
RECOMMENDATION:
Staff recommends Alternative No. 1.
ACTION REQUESTED:
Authorize the appropriate City staff to execute the necessary documents to release those
easement areas that have been recorded by Document Number's 145112, 202525, and
202527,that are no longer needed within the Samantha Woods subdivision.
/ G /
Joel Rutherford
Assistant City Engineer
EASEMENTS
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CITY OF SHAKOPEE 11. C. s' :
Memorandum
TO: Mayor& City Council
Mark McNeill, City Administrator
FROM: Bruce Loney, Public Works Director
SUBJECT: Discussion on Street Reconstruction
Versus Street Overlay Project for 1997
DATE: January 7, 1997
INTRODUCTION:
For 1997 in the City's Capital Improvement Program (CIP), a street reconstruction
project was included as one of the projects to be considered for this year, Staff has
reviewed this proposed project for the City and with the County Courthouse expansion
scheduled for next year, staff believes the City should reconsider its pavement projects.
Staff wishes to discuss with Council the pros and cons of delaying a street reconstruction
project for the year and proceeding with a larger street overlay project for 1997.
BACKGROUND:
Over the past years, since 1981, the City has undertaken an extensive street
reconstruction program, designed primarily to replace the aging underground
infrastructure and to totally reconstruct the street pavement as well. During the budget
process and CIP review, staff had proposed a CIP with reconstruction projects on an
annual basis, which would include approximately $300,0000 tax levy per year. Included
in the 1997 Budget and in previous years is $100,000.00 for pavement preservation of
City bituminous pavements. The total pavement maintenance and repair amount from the
General Fund is $400,000.00 per year.
In review of the project area proposed for 1997, which includes streets around the County
Courthouse area, staff believes the street reconstruction project should be delayed for one
year for the following reasons:
1. Reconstruction of streets around the Courthouse should be delayed for one year
due to the Courthouse expansion and the impact the realignment or changes of the
streets in this area.
2. A street overlay project will improve more streets for same cost (6 times as
many).
3. Upgrade street overlay project throughout the City, not just original Shakopee
area.
The estimated cost of the 1997 Proposed Reconstruction Project is $613,000.00 with a
funding source breakdown as follows:
Assess
Sewer B
$146,200
$ 84,000
SPUC $ 84,000
Tax Levy $298,000 ($300,000)
The Pavement Preservation account in the street division has $100,000 budgeted in the
1997 budget (General Fund)and was proposed to be spent as follows:
Seal Coating $65,000
Crack Sealing $15,000
Overlays $20,000
The City receives the maximum State Aid maintenance allocation of 25% of yearly State
Aid allocation or roughly $100,000. These funds are now being designated to the CIF
fund for City projects. Street improvement projects could be considered a Capital
Improvement Project and utilization of the State Aid maintenance funds would be
appropriate.
Staff has attached the proposed 1997 reconstruction location map from the 1997 CIP and
has included a proposed street overlay location map for Council review. The cost to
complete either project area is essentially the same which would be $300,000.00.
Pavement management studies from other cities have indicated that a maintenance policy
implementing bituminous overlays can be more cost effective than allowing the street
pavements to decay to the point of needing reconstruction. Also preventative
maintenance work such as crack sealing and seal coating can increase the pavement life
and is a cost effective strategy.
With this additional information, staff would like Council to consider the following:
• Should the City delay a 1997 reconstruction project for one year and implement a
larger street overlay project for this year?
• If a street overlay project is acceptable for this year, what funding amount is
acceptable to Council? The CIP had budgeted $300,000.00 tax levy amount for street
reconstruction of pavements.
• being Discusstax the funding, Capital sourcesImprovement for pavementFundmaintenanceand General activities with lancethe options
, excess .
In review of City costs and length of street, a street reconstruction project per mile cost is
$500,000.00 versus a street overlay project per mile cost estimated to be $65,000.00.
Staff has the following recommendations to the considerations mentioned previously for
Council:
1. Delay street reconstruction project for one year and do a larger street overlay project
in the amount of$290,000.00. Council can adjust this amount to a funding level that
is acceptable. Also, routine maintenance activities such as crack sealing, seal coating
and sidewalk repairs should be done in the amount of$80,000.
2. Funding source for this project is recommended to be from general tax levy with the
amount to be bonded with a 429 Special Assessment Project in order to be included
in the bond. Using tax levy to pay for this project is essentially what was included in
the 1997 Budget. However, a combination of tax levy, CIF or excess General Fund
balance could be used to fund this project.
Funding options for this pavement management strategy is as follows:
Pavement Preservation Account $ 80,000
CIF, Tax Levy or Excess General Fund Balance $290,000
Total $370,000
This scenario compares to the proposed 1997 budget for pavement management
activities:
Pavement Preservation $100,000
1997 Reconstruction Tax Levy for Streets $300.000
Total $400,000
By revising the pavement management strategy for 1997, approximately six times as
many streets can be improved for the same cost. Also, due to the potential County
Courthouse expansion project, staff believes it may be prudent to wait until next year for
a reconstruction project. Staff will make a presentation and provide further information
at the Council meeting.
ALTERNATIVES:
1. Direct staff to proceed with a larger street overlay project for 1997.
2. Provide direction on the total funding amount acceptable for the street overlay
project.
3. Provide direction on the funding sources to fund the street overlay, crack sealing and
sidewalk repair activities.
4. Direct staff to proceed with a 1997 street reconstruction project.
5. Table for more information.
6. Direct staff to do neither a 1997 street reconstruction project or street overlay project.
RECOMMENDATION:
Staff would recommend that a larger street overlay project be done this year, versus a
1997 street reconstruction project, due to the potential County Courthouse expansion
project. Staff would also recommend a total pavement management funding total of
$370,000, with funding sources being the Pavement Preservation Fund, General Fund
Tax Levy and the Capital Improvement Fund.
ACTION REQUESTED:
1. Direct staff to proceed with a larger street overlay project for 1997.
2. Provide direction on the total funding amount acceptable for the street overlay
project.
3. Provide direction on the funding sources to fund the street overlay project, as well as
the routine pavement maintenance activities such as crack sealing, seal coating and
sidewalk repair activities.
bite No,
Bruce Loney
Public Works Director
BL/pmp
OVERLAY
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CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Judith S. Cox, City Clerk
SUBJECT: Designation of Official Newspaper
DATE: December 24, 1996
INTRODUCTION:
One of the actions that City Council should perform at their first meeting of the year is the designation
of an official newspaper.
BACKGROUND:
The City is required by law to publish certain matters in its official newspaper, during the course of the
year. We publish the Council minutes(motions only), Ordinances, Resolutions when required by law,
notices ofpublic hearings on planning matters and public improvement projects, and advertisements for
bids. It is appropriate that this designation be made at this time.
To be qualified as a medium of official and legal publication, a newspaper must meet certain
qualifications set forth by State law. To name a few,it must be distributed at least five days each week
if a daily paper or be distributed at least once each week for 50 weeks each year if not a daily paper.
News columns devoted to news of local interest to the community which it purports to serve must be
25%if published more often than weekly and 50%if weekly. It must be circulated in the City which it
serves and meet certain circulation requirements. It must have its known office of issue located within
the county or adjoining county of the City it serves. It must file a statement of ownership and
circulation with the secretary of state each year.
As long as I can remember,the Shakopee Valley News has been the City's official newspaper.
The City has received the attached letter from Mr. Rolfsrud asking that the City consider appointing
the Shakopee Valley News as its official newspaper.
The 1997 charge for legal notices will be$8.05 per column inch.
Previous years charges for legal notices were:
1996- $7.67/column inch for 1st insertion
1995 -$7.30/column inch for 1st insertion
1994- $6.89/column inch for 1st insertion
The City has budgeted $18,700 for 1997 for legal publications and has spent $14,500 through
November 30, 1996.
The City has had a very good working relationship with the Shakopee Valley News. They have been
most cooperative in publishing notices that were sent to them alter their deadline and have published
them whenever possible. They have published items at no charge in their"In Brief' section as well as
press releases. They have also written articles on matters when requested to get the word out.
ALTERNATIVES:
1. Designate the Shakopee Valley News as the City's official newspaper.
2. Obtain quotes from other newspapers that may qualify as an official newspaper.
RECOMMENDATION:
Staff recommends alternative #1. Residents of the City are more likely to look for legal notices
pertaining to their community in a local publication.
RECOMMENDED ACTION:
Move to designate the Shakopee Valley News as the official newspaper for the City of Shakopee for
the year 1997.
i:c k VN-0FE
Shakopee Valley News
December 13, 1996
Mr. Dennis Kraft, City Administrator
City of Shakopee
129 Holmes St. South
Shakopee, MN 55379
Dear Mr. Kraft,
Please consider our request for appointment of the Shakopee Valley News as the official newspa-
per for the City of Shakopee in 1997.
Legal notices published in the Shakopee Valley News during this time period will be billed at the
rate of $8.05 per column inch for the first insertion and $5.84 per column inch per subsequent
insertions. A complete guide outlining our procedures and rate structure, as well as a copy of our
certification from the Secretary of State's Office which enables us to publish legal notices, is
enclosed.
In accordance with Minnesota Statute 331A.02, the Shakopee Valley News has met certain quali-
fications in order to become a legal newspaper to better serve the community. Some of the quali-
fications we must meet to become a legal newspaper include: distribution of the paper at least
once a week for 50 weeks out of the year; be circulated in the local public corporation which it
purports to serve, and either have at least 500 copies regularly delivered to paying subscribers, or
have at least 500 copies regularly distributed without charge to local residents; have its known
office of issue established either in the county in which is lies in whole or in part, the local public
corporation which the newspaper purports to serve, or in an adjoining county; file a copy of each
issue immediately with the state historical society; etc. These are just a few of the stringent guide-
lines a newspaper must fulfill in order to become a certified legal newspaper. It is our goal to serve
you as your legal newspaper for the coming year.
Thank you for the opportunity to be of service to you in the past. We hope that relationship can be
continued in the coming year.
Respectfully,
Stan Rolfsrud
Publisher
SHR:beb
enclosure
•
327 Marschall Road •Suite 125 • Shakopee, Minnesota 55379 • (612) 445-3333
INFORMATION FOR GOVERNMENTAL BODIES AND
INDIVIDUALS USING THE LEGAL NOTICES
SECTION OF THE SHAKOPEE VALLEY NEWS
Deadlines
Notices to be published must be received in the office of the Shakopee Valley News by 4 p.m. on
the Friday preceding each publication date. This deadline must be observed to ensure accurate and
timely publication of important notices. We will not accept faxed notices as legal documents, as
these copies are often unreadable.All notices should be clean and typed.
Affidavits
One sworn affidavit of publication will be provided, upon request, without charge for each legal
notice. Additional affidavits are available at$3.50 each. Additional clippings are available for$1.00
each.
Late Fee
Urgent legal notices which do not arrive at the Shakopee Valley News office before the specified
deadline may be accepted, at the publisher's discretion, but will have a late fee or surcharge of 25
percent added for special handling.
Publication Requirements
Most specifications for legal notice publication, including the number of times a notice is to run, are
set forth by statute. Interpretation of the statutes is the responsibility of the customer and its legal
counsel,not the publisher. Guidelines for governmental bodies,prepared by the Minnesota Newspa-
per Association, are available upon request.
Kill Fee
Publication of scheduled notices may be stopped, depending on how far the printing process has
advanced. If a legal notice is killed before the initial publication date, the customer may still be liable
for a special typesetting fee,not to exceed 30 percent of the cost of the published notice. The cus-
tomer must pay on a pro data basis,for that part of a series of publications that have been completed
before interruption by the customer.
Errors
Publisher assumes no responsibility for errors in typesetting or scheduling of legal notices. In all
cases, publisher's liability shall be limited to a"make good" of a defective notice if it can be demon-
strated that the error was made by the publisher and that as a result of the error the legal notice was
rendered invalid.
Rates
Effective January 1, 1985, the Minnesota State Legislature authorized legal newspapers to charge for
legal notices in the same manner in which they charge their best commercial display classified
customers. That means that legal notices are billed by the column inch,not by the "legal line." The
law also restricts rate increases exceeding 10 percent per annum.
SHAKOPEE VALLEY NEWS RATE INFORMATION
Lowest classified rate paid by commercial users $11.50 per column inch
Legal advertising,first insertion $8.05 per column inch
Legal advertising, subsequent insertions.............................................................$5.84 per column inch
W. E. •2.. •
CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Judith S. Cox, City Clerk
SUBJECT: Release of Letter of Credit for Milwaukee Manor 2nd
DATE: December 30, 1996
INTRODUCTION:
Mr. Leroy Menke has asked that his letter of credit for public
improvements for Milwaukee Manor 2nd be released.
BACKGROUND :
When Milwaukee Manor 2nd was platted, the developer gave the
City a letter of credit to insure that the public improvements
would be installed. The improvements have been installed and
accepted by the City. I have received the one year maintenance
bond, as required per the developers agreement. Mr. Menke has
satisfied the conditions of the developers agreement to allow the
release of the letter of credit.
For your information and unrelated to the request, Mr. Menke
has paid the $6,318 . 86 credit that he was given for park dedication
for the construction of a recreational facility. Prior to the
recording of the plat, Mr. Menke made the decision not to build a
recreational facility and paid this amount at that time. The
remaining park dedication due will be paid at the rate of $169.25
per lot as building permits are issued. Upon payment of the park
dedication, the developers agreement can be released on a lot by
lot basis. (Staff has been given authority to release the
developers agreement upon the satisfaction of all conditions. )
ALTERNATIVES:
1) Release the letter of credit
2) Do not release the letter of credit
3) Table for additional information
RECOMMENDED ACTION:
Authorize appropriate City officials to release the letter of
credit for public improvements for Milwaukee Manor 2nd Addition.
r
iu.ith S Co , City Clerk
CITY OF SHAKOPEE E 3'
Memorandum
TO: Mayor and City Council
FROM: Mark McNeill, City Administrator
SUBJECT: 1997 Liaison/Related Appointments
DATE: January 2, 1997
INTRODUCTION:
The City Council is asked to assign liaison duties to its members for 1997.
BACKGROUND:
Past practice of the City Council has been that a member of the Council has served as a liaison to
the following(1996 appointees are noted):
1. Shakopee Public Utilities Commission - Sweeney
2. Murphy's Landing -Link
3. I.S.D. 720 -DuBois
4. Scott County Board of Commissioners - Sweeney, Zorn
5. Shakopee Convention-and Visitors Bureau - DuBois
6. Association of Metropolitan Municipalities (and alternative) - Zorn(alternate DuBois)
7. Suburban Rate Authority (and alternate) - Sweeney(alternate Link)
8. Acting Mayor to fulfill the duties of Mayor in his absence - Sweeney
In previous years, the Mayor has recommended specific appointments, and the Council has then
endorsed the Mayor's recommendations and affirmed the actual appointments. Mayor
Henderson is asking the 1996. appointees to remain in their existing capacities.
The Suburban.Rate Authority specifically requires a resolution for the appointment of both the
Director and Alternate Director from the City of Shakopee; a resolution has been prepared for the
Council's consideration, using 1996 appointments.
The Mayor will also recommend a Chair for the Economic Development Authority. The 1996
Chair was Councilor Zorn.
RECOMMENDATION:
Mayor Henderson recommends the 1996 liaisons be reaffirmed for 1997, and that a resolution for
SRA designees be adopted.
ACTION REQUIRED:
If the Council concurs, it should take the following action:
1. By motion, affirm the 1997 Liaison appointments for the City Council.
2. Affirm the EDA Chair as recommended by Mayor Henderson.
3. Adopt the following resolution:
A Resolution. Designating Director and Alternative Director to Suburban Rate
Authority.
Mark McNeill
City Administrator
MM:tw
RESOLUTION NO. 4598
A RESOLUTION DESIGNATING DIRECTOR AND ALTERNATE
DIRECTOR TO SUBURBAN RATE AUTHORITY
BE IT RESOLVED by the City Council of the City of Shakopee, Minnesota as
follows:
Councilor Robert Sweeney is hereby designated to serve as a Director of the
Suburban Rate Authority and Councilor Clete Link is hereby designated to serve as the
Alternate Director of the Suburban Rate Authority for the year 1997 and until their
successors are appointed.
Adopted in session of the City Council of the City of
Shakopee, Minnesota,held this day of , 1997.
Mayor of the City of Shakopee
ATTEST:
City Clerk
itO. y
CITY OF SHAKOPEE
Memorandum
TO: Mayor and Council
Mark McNeill, City Administrator
FROM: Gregg Voxland, Finance Director
SUBJ: ICMA Deferred Compensation Plan
DATE: December 18, 1996
Introduction
A resolution needs to be adopted to implement changes in the
International City/County Managers Association (ICMA)
deferred compensation plan of the city.
Background
Federal law has recently changed to allow deferred
compensation plans to be put into trusts. This action will
shelter the funds from the creditors of the city.
Attached is a resolution in the form as suggested by ICMA.
This is a significant change in the plan but no change to
the operation.
Action
Offer Resolution No. 4591 Amending the ICMA Deferred
Compensation Plan of the City of Shakopee, and move its
adoption.
4v4and
Finance Director
is\finance\docs\gregg\icma
City of Shakopee, Minnesota Plan
RESOLUTION NO. 4591
A RESOLUTION AMENDING THE INTERNATIONAL CITY MANAGERS
ASSOCIATION DEFERRED COMPENSATION PLAN
Whereas, the city has employees rendering valuable services;
and
Whereas, the city has established a deferred compensation
plan for such employees that serves the interest of the city
by enabling it to provide reasonable retirement security for
its employees, by providing increased flexibility in its
personnel management system, and by assisting in the
attraction and retention of competent personnel; and
Whereas, the city has determined that the continuance of the
deferred compensation plan will serve these objectives; and
Whereas, amendments to the Internal Revenue Code have been
enacted that require changes to the structure of and allow
enhancements of the benefits of the deferred compensation
plan:
Now Therefore Be It Resolved by the City Council of the City
of Shakopee, Minnesota, that the city hereby amends and
restates the deferred compensation plan in the form of :
The ICMA Retirement Corporation Deferred Compensation
Plan and Trust
Be It Further Resolved that the assets of the Plan shall be
held in trust, with the city serving as trustee, for the
exclusive benefit of the Plan participants and their
beneficiaries, and the assets shall not be diverted to any
other purpose. The trustee' s beneficial ownership of Plan
assets held in the ICMA Retirement Trust shall be held for
the further exclusive benefit of the Plan participants and
their beneficiaries :
Be It Further Resolved that the Plan will not permit loans .
Be It Further Resolved that the City hereby agrees to serve
as trustee under the Plan.
Adopted in session of the City Council of the
City of Shakopee, Minnesota, this day of
199_.
Mayor of the City of Shakopee
Attest :
City Clerk
if Er S
CITY OF SHAKOPEE
Memorandum
TO: Mayor and Council
Mark McNeill, City Administrator
FROM: Gregg Voxland, Finance Director
SUBJ: USCM Deferred Compensation Plan
DATE: December 18, 1996
Introduction
A resolution needs to be adopted to implement changes in the
United States Conference of Mayors (USCM) deferred
compensation plan of the city.
Background
Federal law has recently changed to allow deferred
compensation plans to be put into trusts . This action will
shelter the funds from the creditors of the city.
Attached is a resolution implementing the change and
authorizing city officials to execute documents as needed to
administer the plan. This is a significant change in the
plan but no change to the operation.
Action
Offer Resolution No. 4592 Amending the USCM Deferred
Compensation Plan of the City of Shakopee, and move its
adoption.
Greg ox and
Finance Director
is\finance\docs\gregg\PEBSCO
City of Shakopee, Minnesota
RESOLUTION NO. 4592
A RESOLUTION AMENDING THE UNITED STATES CONFERENCE OF MAYORS
DEFERRED COMPENSATION PLAN
Whereas, the city is the owner of one or more life insurance
policies issued to it by Commonwealth Life Insurance
Company, Kentucky Commonwealth Life Insurance Company,
Peoples Security Life Insurance Company, or Providian Life
Insurance Company (the "Policies") in connection with the
deferred compensation plan it maintain for its employees
(the "Plan") pursuant to Section 457 of the Internal Revenue
Code of 1986, as amended (the "Code") ; and
Whereas, as a result of an amendment to the Code, all assets
and income of the Plan must be held in a trust, custodial
account or annuity contract; and
Whereas, the Plan has been amended to reflect the changes
required by the amendment to the Code; and
Whereas, the city desires to adopt the Code Custodial
Account (the "Custodial Account") to hold assets, other than
annuity contracts, which will provide benefits for the
participants and beneficiaries; and
Whereas, as a result of the amendment to the Code, the city
desires to transfer ownership of the Policies to Bank One
Trust Company, N.A. (the "Custodian") for the exclusive
benefit of the Plan' s participants and beneficiaries;
Now Therefore Be It Resolved by the City Council of the City
of Shakopee, Minnesota, that the city hereby accepts the
Code Custodial Account Agreement, adopts the Custodial
Account, authorizes transfer of ownership to the Policies to
the Custodian, and designates the Custodian as the
beneficiary to the Policies .
Be It Further Resolved that the proper city officials are
authorized to execute any documents necessary to continue
the operation of the Plan unless, in their judgment, City
Council action is needed.
Adopted in session of the City Council of the
City of Shakopee, Minnesota, this day of
199_.
Mayor of the City of Shakopee
Attest :
City Clerk
N. ff. 6 .
CITY OF SHAKOPEE
Memorandum
TO: Mayor and Council
Mark McNeill, City Administrator
FROM: Gregg Voxland, Finance Director
SUBJ: 1997 Workers Compensation Insurance
DATE: December 23, 1996
Introduction
The Workers Compensation policy for the city is up for
renewal .
Background
This is a routine item that the work comp policy for the
city renews on January 1 . The renewal quote was received
after the last council meeting in December. Due to timing,
I have executed the renewal with the same terms as last
year, namely with a $500 deductible on medical coverage.
The deposit premium last year was $81, 006 and this year it
is $88, 125 . Actual cost is based on the actual figures
calculated after the end of the year. The rate base
increased but the actual rates the city is charged have
decreased.
The League of Cities Insurance Trust has an excellent
program. There is probably nothing in the market place that
can compare to this program.
Action
Move to affirm the renewal of the workers compensation with
the League of Cities Insurance Trust for a deposit premium
of $88, 125 and a $500 medical deductible.
Gill
g Voxland
Finance Director
is\finance\docs\insure\workcomp
1/ ify
MEMORANDUM
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Judith S. Cox, City Clerk
SUBJECT: Apportionment of Special Assessments for
Prairie Village 1st Addition
DATE: January 2, 1996
INTRODUCTION:
It is appropriate that the City Council consider apportioning
special assessments against the lots in the Prairie Village 1st
Addition at this time.
BACKGROUND:
A parcel of land owned by US Home Corporation was recently
platted into Prairie Village 1st Addition. This parcel has special
assessments against it for the 1996-1 Public Improvement Project
for 17th Avenue from CSAH 17 to Sarazin Street and Sarazin Street
from St. Francis Avenue to 17th Avenue. The plat has been recorded
with the Scott County Recorder and it is now appropriate to
apportion these special assessments against the new parcels created
as a result of this subdivision. The original parcel number will
disappear at the County and new parcel numbers, for the new lots in
this plat, have been assigned. Taxes and special assessments will
be billed against these new parcel numbers.
The City routinely apportions existing special assessments
after the recording of a new plat.
RECOMMENDED ACTION:
Offer Resolution No. 4600, A Resolution Apportioning Special
Assessments Among New Parcels Created As A Result Of The Platting
Of Prairie Village 1st Addition, and move its adoption.
Cl Clerk
h:\judy\app-pv-1
RESOLUTION NO. 4600
A RESOLUTION APPORTIONING SPECIAL ASSESSMENTS
AMONG NEW PARCELS CREATED AS A RESULT OF THE
PLATTING OF PRAIRIE VILLAGE 1ST ADDITION
WHEREAS, on October 15, 1996, Resolution No. 4541 adopted by
the City Council levied assessments against properties benefited by
the 1996-1 Public Improvement Project for 17th Avenue from County
State Aid Highway 17 to Sarazin Street and Sarazin Street from St.
Francis Avenue to 17th Avenue; and
WHEREAS, a tract of land benefited by the said improvements
known as parcel number 27-917004-0 has been subdivided into the
plat of Prairie Village 1st Addition; and
WHEREAS, it is the desire of the City Council to apportion the
installments remaining unpaid against said parcels created because
of the platting of Prairie Village 1st Addition.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SHAKOPEE, MINNESOTA that the 1997 payable remaining balance of
assessments to parcel 27-917004-0 is $100,980.72 for the 1996-1
Public Improvement Project and is hereby apportioned as outlined in
Exhibit "A" attached hereto and made a part hereof.
BE IT FURTHER RESOLVED, that all other parts of Resolution No.
4541 shall continue in effect.
Adopted in regular session of the City Council of the City of
Shakopee, Minnesota, held this 7th day of January, 1997.
Mayor
ATTEST:
City Clerk
EXHIBIT A
Assessment Reapportionment for Prairie Village
1/2/97
P.I.D.NO. OWNER LEGAL 1996-1
DESCRIPTION ASSESSMENT
27-218001-0 US HOME CORPORATION LOT 1 BLOCK 1 610.07
8421 WAYZATA BLVD. PRAIRIE VILLAGE
GOLDEN VALLEY, MN. 55426
27-218002-0 US HOME CORPORATION LOT 2 BLOCK 1 610.07
8421 WAYZATA BLVD. PRAIRIE VILLAGE
GOLDEN VALLEY, MN. 55426
27-218003-0 US HOME CORPORATION LOT 3 BLOCK 1 610.07
8421 WAYZATA BLVD. PRAIRIE VILLAGE
GOLDEN VALLEY, MN. 55426
27-218004-0 US HOME CORPORATION LOT 4 BLOCK 1 610.07
8421 WAYZATA BLVD. PRAIRIE VILLAGE
GOLDEN VALLEY, MN. 55426
27-218005-0 US HOME CORPORATION LOT 5 BLOCK 1 610.07
8421 WAYZATA BLVD. PRAIRIE VILLAGE
GOLDEN VALLEY, MN. 55426
27-218006-0 US HOME CORPORATION LOT 6 BLOCK 1 610.07
8421 WAYZATA BLVD. PRAIRIE VILLAGE
GOLDEN VALLEY, MN. 55426
27-218007-0 US HOME CORPORATION LOT 7 BLOCK 1 610.07
8421 WAYZATA BLVD. PRAIRIE VILLAGE
GOLDEN VALLEY, MN. 55426
27-218008-0 US HOME CORPORATION LOT 8 BLOCK 1 610.07
8421 WAYZATA BLVD. PRAIRIE VILLAGE
GOLDEN VALLEY, MN. 55426
27-218009-0 US HOME CORPORATION LOT 9 BLOCK 1 610.07
8421 WAYZATA BLVD. PRAIRIE VILLAGE
GOLDEN VALLEY, MN. 55426
27-218010-0 US HOME CORPORATION LOT 10 BLOCK 1 610.07
8421 WAYZATA BLVD. PRAIRIE VILLAGE
GOLDEN VALLEY, MN. 55426
27-218011-0 US HOME CORPORATION LOT 11 BLOCK 1 610.07
8421 WAYZATA BLVD. PRAIRIE VILLAGE
GOLDEN VALLEY, MN. 55426
27-218012-0 US HOME CORPORATION LOT 12 BLOCK 1 610.07
8421 WAYZATA BLVD. PRAIRIE VILLAGE
GOLDEN VALLEY, MN. 55426 - -
27-218013-0 US HOME CORPORATION LOT 13 BLOCK 1 610.07
8421 WAYZATA BLVD. PRAIRIE VILLAGE
GOLDEN VALLEY, MN. 55426
27-218014-0 US HOME CORPORATION LOT 14 BLOCK 1 610.07
8421 WAYZATA BLVD. PRAIRIE VILLAGE
GOLDEN VALLEY, MN. 55426
27-218015-0 US HOME CORPORATION LOT 15 BLOCK 1 610.07
8421 WAYZATA BLVD. PRAIRIE VILLAGE
GOLDEN VALLEY, MN. 55426
27-218016-0 US HOME CORPORATION LOT 16 BLOCK 1 610.07
8421 WAYZATA BLVD. PRAIRIE VILLAGE
GOLDEN VALLEY, MN. 55426
27-218017-0 US HOME CORPORATION LOT 17 BLOCK 1 610.07
8421 WAYZATA BLVD. PRAIRIE VILLAGE
GOLDEN VALLEY, MN. 55426
27-218018-0 US HOME CORPORATION LOT 18 BLOCK 1 610.07
8421 WAYZATA BLVD. PRAIRIE VILLAGE
GOLDEN VALLEY, MN. 55426
EXHIBIT A
Assessment Reapportionment for Prairie Village
1/2/97
P.I.D.NO. OWNER LEGAL 1996-1
DESCRIPTION ASSESSMENT
27-218019-0 US HOME CORPORATION LOT 19 BLOCK 1 610.07
8421 WAYZATA BLVD. PRAIRIE VILLAGE
GOLDEN VALLEY, MN. 55426
27-218020-0 US HOME CORPORATION LOT 1 BLOCK 2 610.07
8421 WAYZATA BLVD. PRAIRIE VILLAGE
GOLDEN VALLEY, MN. 55426
27-218021-0 US HOME CORPORATION LOT 2 BLOCK 2 610.07
8421 WAYZATA BLVD. PRAIRIE VILLAGE
GOLDEN VALLEY, MN. 55426
27-218022-0 US HOME CORPORATION LOT 3 BLOCK 2 610.07
8421 WAYZATA BLVD. PRAIRIE VILLAGE
GOLDEN VALLEY, MN. 55426
27-218023-0 US HOME CORPORATION LOT 4 BLOCK 2 610.07
8421 WAYZATA BLVD. PRAIRIE VILLAGE
GOLDEN VALLEY, MN. 55426
27-218024-0 US HOME CORPORATION LOT 5 BLOCK 2 610.07
8421 WAYZATA BLVD. PRAIRIE VILLAGE
GOLDEN VALLEY, MN. 55426 ADDITION
27-218025-0 US HOME CORPORATION LOT 6 BLOCK 2 610.07
8421 WAYZATA BLVD. PRAIRIE VILLAGE
GOLDEN VALLEY, MN. 55426
27-218026-0 US HOME CORPORATION LOT 7 BLOCK 2 610.07
8421 WAYZATA BLVD. PRAIRIE VILLAGE
GOLDEN VALLEY, MN. 55426
27-218027-0 US HOME CORPORATION LOT 8 BLOCK 2 610.07
8421 WAYZATA BLVD. PRAIRIE VILLAGE
GOLDEN VALLEY, MN. 55426
27-218028-0 US HOME CORPORATION LOT 9 BLOCK 2 610.07
8421 WAYZATA BLVD. PRAIRIE VILLAGE
GOLDEN VALLEY, MN. 55426
27-218029-0 US HOME CORPORATION LOT 10 BLOCK 2 610.07
8421 WAYZATA BLVD. PRAIRIE VILLAGE
GOLDEN VALLEY, MN. 55426
27-218030-0 US HOME CORPORATION LOT 11 BLOCK 2 610.07
8421 WAYZATA BLVD. PRAIRIE VILLAGE
GOLDEN VALLEY, MN. 55426
27-218031-0 US HOME CORPORATION LOT 12 BLOCK 2 610.07
8421 WAYZATA BLVD. PRAIRIE VILLAGE
GOLDEN VALLEY, MN. 55426
27-218032-0 US HOME CORPORATION OUTLOT A $82,068.55
8421 WAYZATA BLVD. PRAIRIE VILLAGE
GOLDEN VALLEY, MN. 55426
TOTAL= $100,980.72
CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
FROM: Mark McNeill, City Administrator
SUBJECT: Personnel Administration
DATE: December 13, 1996
INTRODUCTION:
The Council is asked to consider changes in job assignments to begin to recentralize a personnel
function. Specifically, designation of a Payroll/Benefits Coordinator is proposed.
BACKGROUND:
In the mid 1980's, the City of Shakopee, along with other cities in Minnesota,responded to
legislation that required a study of job responsibilities, and then to implement a pay equity plan
through the State's comparable worth law. Then City Administrator John Anderson assigned
Marilyn Remer of the Finance Department to coordinate that work for the City.
Along with other City employees,Ms. Remer tested for her responsibilities. She was assigned
82 points for the work which she was doing,which combined personnel,along with her
accounting clerk duties. The 82 points was the "internal equity"factor required by law.
Regarding the external equity that was required by law,the City compared all of its employee
positions' pay with similar City positions throughout the metropolitan area. Because Ms. Remer
was in a"blended"position,the portion of the formula which factored in comparison pay had
her position compared to 25% Administrative Assistant,25%Personnel, and 50% Senior
Accounting Clerk.
This Council previously has asked to see what to see what the job responsibilities were of Ms.
Remer. I have enclosed as attachment A, a memo dated November 17, 1986, which described
what responsibilities and training that Marilyn had at the time of the her personnel duties at that
time.
POSITION CHANGES:
After a change in City Administrators, in the early 1990's, the human resource function was
again examined. A decision was made to "decentralize"personnel administration, and the
Assistant City Administrator became the lead person for personnel duties. Labor negotiations
were divided between that position and the City Administrator, and the departments became
more responsible for such things as employed evaluations,routine aspects of hiring, and
documentation. In addition, recruitment, init_al selection, and other aspects of hiring was
contracted through the Scott County Personnel Department.
The personnel responsibilities retained by Marilyn Remer focused on payroll (which also may be
considered a function of Finance), and accounting. She was assigned the job title of Senior
Accounting Clerk, and her comparable worth points were dropped to 61. Because of the
reduction in points,her pay exceeded the formula for those duties. Rather than have a
reduction in pay, since 1992, she has been"frozen"at an annual salary of$37,945.
DISCUSSION:
With the departure of the former Assistant City Administrator, it has provided an opportunity to
reexamine the City's personnel function. In my view, there appear to be items which are not
adequately being covered under the existing system- among other things,there is no centralized
function to get employee evaluations done on their employment anniversaries;portions of
employee orientations are not being performed(see attachment B); and there is no one to keep
updated on personnel law changes by attending local human resource meetings.
There are a couple of options for"recentralizing"personnel duties:
1. Assign them to an Assistant City Administrator position,and redefine those job duties,to
include items which are either not being done, or which have been assigned to
departments.
2. Combine the payroll function with some of the previously held job responsibilities in
Finance (although answerable for personnel functions to the City Administrator).
Option#1 is more closely linked to what had been done most recently. However, as discussed
elsewhere on the December 17th agenda,I am proposing to create an entry-level Assistant to the
City Administrator position,which would not have personnel responsibilities.
The second option,which more closely reverts to what had been done prior to 1992, is one in
which I would like the Council to examine.
The model for this is what is currently being done by the City of Savage, and,to some extent, the
City of Lakeville. The Savage job description is attached(attachment C). What happens there is
that the position is responsible for payroll, salary adjustments, and the development and
evaluation of the employee benefits program(insurance, flexible benefits, etc.). This is primarily
a clerical function.
In Savage, the City Administrator is responsible for labor negotiations; the Assistant City
Administrator does all hiring functions, but the City is examining contracting that function
through Scott County, similar to what Shakopee has been doing.
If the City Council were to do this, Marilyn Reiner would be the logical person to whom these
responsibilities should be assigned. This would mean that the City Administrator would still
primarily responsible for personnel administration, and I would also recommend that the City
continue to use Scott County for hiring (while I was skeptical at first, I can see the benefit in
having that done by an outside agency). There is also a need for someone knowledgeable about
personnel issues to sit in with departments on certain new employee interviews,to insure that
questions are being posed properly.
Because the payroll/benefits administrator would have access to information which may be used
in labor negotiations or hiring, my recommendation is that this be designated a"confidential"
position, and therefore outside of the union.
The job responsibilities of this position would continue to have special assessments, due to the
14 years of experience that Marilyn Remer has in this position. Other cities have assessments
done through Engineering or the City Clerks office.
Some other portions of Marilyn's existing work may need to be reassigned to other portions of
the Finance office.
BUDGET IMPACT:
The job points of the Payroll/Benefits Administrator in Savage is 73. Savage and Shakopee, at
least initially,were very closely aligned on points. While it is evident that there have been some
variations,without testing, I would suggest that would be a reasonable number of points.
At 73 points, and figuring $510.61 per point, it would mean a new salary of$37,275. This is still
below the frozen value of$37,945. It would take a cost of living adjustment in excess of 1.8%
to provide a salary increase.
Ms. Remer has asked the City consider work that she does as special assessments clerk when
setting comparable worth points. Research has shown that this is done by a variety of other
positions in other communities,ranging from Engineering and City Clerk,to Finance Directors.
(This is work that she has done for several years).
The Council may wish to consider that she would spend, on the average,perhaps 20% of her
time throughout the year doing this work. For comparison purposes, an Engineering Technician
III (at 81 points in Shakopee),might otherwise be assigned to do this work. Figuring 80%at the
73 points for the Payroll Benefits Coordinator, and 20%at the 81 points for Engineering
Technician III,the blended job points would be 75. At$510.61 per point, it would mean a top
salary of$38,296, or an increase of$351.00 over her existing salary.
RECOMMENDATION:
If the Council wishes to recentralize personnel functions, I recommend that it consider
establishment of the Payroll/Benefits Coordinator. Note that the personnel aspect of this job
would assist the City Administrator in his administration of personnel; the other finance
functions would still be answerable to the Finance Director.
It is Councils determination of 73, or 75 points.
Note the potential problem in doing this is that there have been other jobs which have evolved or
grown over time, and this does not address those. Those will need to be looked at at some point.
ACTION REQUIRED:
If the Council concurs, it should direct that a new job description be drawn up for
Payroll/Benefits Coordinator, incorporating as a model criteria listed in the Savage position, and
further direct that the pay plan be modified utilizing 73 or 75 points for the position.
() IAk
Mark McNeill
City Administrator
MM:tw
CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council ��� �� •
FROM: Mark McNeill, City Administrator QJ .
SUBJECT: Payroll/Benefits Coordinator
DATE: January 3, 1997
INTRODUCTION:
The Council is asked to adopt a job description for the Payroll/Benefits Coordinator position,
amend the 1996 Pay Plan for that position and make an appointment to that position.
BACKGROUND:
At the meeting of December 17th, the City Council adopted a concept which recentralized
personnel functions, with the City Administrator being responsible for its overall administration,
and creating a Payroll/Benefits Coordinator position to do the benefits and payroll work, along
with other personnel support functions. Staff was directed to put together a job description.
That description, based upon a similar position in the City of Savage, is attached. We have
modified it to be appropriate for Shakopee, incorporating the other finance functions and special
assessments work for which Marilyn.Remer, the logical choice for the job, is responsible.
In addition, a resolution to amend the 1996 Pay Plan for that position is attached. It is based
upon 73 points. To reiterate information in the attached December 13th memo, Ms. Remer's pay
will remain frozen with these points,unless the 1997 cost of living adjustment is 1.8% or more.
RECOMMENDATION:
In order for this to become effective,the Council should adopt the job description, amend the Pay
Plan, and appoint Marilyn Remer to the position, effective December 18, 1996.
ACTION REQUIRED:
If the Council concurs, it should take the following action:
1. By motion, adopt the job description for the Payroll/Benefits Coordinator.
2. Offer and adopt the Resolution No. 4602 amending the 1996 Pay Plan.
3. Appoint Marilyn Remer to the position of Payroll/Benefits Coordinator, effective
December 18, 1996.
Na.74U-AA“,f(
Mark McNeill
City Administrator
City of Shakopee
Job Description
JOB TITLE: PAYROLL/BENEFITS COORDINATOR
EXEMPT: No JOB CODE: 73
SALARY LEVEL: DIVISION: ADMIN/FINANCE
SHIFT: DEPARTMENT: ADMIN/FINANCE
LOCATION:
EMPLOYEE:
REPORTS TO: Finance Dir/Payroll & City Adm/Personnel
PREPARED BY: Mark McNeill DATE: 12/96
APPROVED BY: DATE:
SUMMARY: Position performs a variety of processing activities
necessary to facilitate the timely and accurate implementation
and administration of payroll, benefits, and personnel programs.
Responsible position requiring strong attention to detail,
ability to work independently, and ability to maintain effective
communication with co-workers and vendors. Also serves as
special assessment clerk, and performs back up variety of other
Finance Department functions.
ESSENTIAL DUTIES AND RESPONSIBILITIES include the following.
Other duties may be assigned.
Accurately process biweekly payroll . Process time sheets,
checking for errors and/or inconsistencies .
Maintain master files to ensure accurate records of all
employee payroll-related and personnel transactions . Creates
computer reports as needed, recommending system changes as
appropriate.
Prepare and reconcile quarterly and annual tax forms.
Process all salary adjustments, including calculation of
correct amounts, lump sums, and retroactive amounts . Review
for consistency with internal policies and procedures .
Assist in the development and evaluation of benefits programs .
Provide input on design changes that will be beneficial to the
City and its employees .
Administer benefits programs including health, life, and
long-term disability insurance as well as retirement plans and
other optional benefits. Serve as liaison to insurance
companies .
Administer open-enrollment process.
- 1 -
JOB DESCRIPTION
Job Title : PAYROLL/BENEFITS COORDINATOR
Maintain effective communication with employees regarding
services and benefit programs .
Administer worker' s compensation program, ensuring timely
reporting of incidents .
Perform research and prepare various reports.
Perform miscellaneous Finance functions, such as clerical,
backing up other positions as necessary.
Perform special assessment searches and certifications .
Assist with the coordination and distribution of all materials
needed for performance evaluations .
Provide research and information on special projects and
assignments for the Personnel function.
Remain up-to-date on new procedures and relevant laws and
regulations .
Promptly responds to citizen inquiries related to wages and
benefits, ensuring appropriate follow-up. Maintains thorough
documentation of complaints and inquiries.
Assists in the reporting of Comparable Worth/Pay Equity data
and compliance.
Monitor and maintain collective bargaining contracts .
Perform other duties and responsibilities as apparent or
assigned.
SUPERVISORY RESPONSIBILITIES :
QUALIFICATION REQUIREMENTS: To perform this job successfully, an
individual must be able to perform each essential duty
satisfactorily. The requirements listed below are representative
of the knowledge, skill, and/or ability required. Reasonable
accommodations may be made to enable individuals with
disabilities to perform the essential functions .
- 2
JOB DESCRIPTION
Job Title : PAYROLL/BENEFITS COORDINATOR
Knowledge of Federal, State and Local regulations regading
public sector employment .
Knowledge of Special Assessment laws, policies, and practices .
Ability to communicate effectively orally and in writing.
Ability to establish and maintain effective working
relationships with City personnel, City officials and the
general public.
Ability to schedule and organize work effectively and to
maintain confidential information.
Experience with word processing, spreadsheets, financial and
mainframe computer applications and micro-computer functions.
EDUCATION and/or EXPERIENCE:
Minimum of 3 years experience in finance and/or personnel
related functions required; Post-secondary education in
Business Administration, Personnel Administration, Industrial
Relations, or related field desireable.
Thorough knowledge of employee benefits programs .
LANGUAGE SKILLS :
Ability to read, analyze, and interpret general business
periodicals, professional journals, technical procedures, or
governmental regulations. Ability to write reports, business
correspondence, and procedure manuals . Ability to effectively
present information and respond to questions from groups of
managers, clients, customers, and the general public.
MATHEMATICAL SKILLS :
Ability to work with mathematical concepts . Ability to apply
concepts such as fractions, percentages, ratios, and
proportions to practical situations .
REASONING ABILITY:
Ability to solve practical problems and deal with a variety of
concrete variables in situations where only limited
standardization exists. Ability to interpret a variety of
instructions furnished in written, oral, diagram, or schedule
form.
PHYSICAL DEMANDS : The physical demands described here are
representative of those that must be met by an employee to
- 3 -
JOB DESCRIPTION
Job Title : PAYROLL/BENEFITS COORDINATOR
successfully perform the essential functions of this job.
Reasonable accommodations may be made to enable individuals with
disabilities to perform the essential functions .
While performing the duties of this job, the employee is
regularly required to sit; use hands to finger, handle, or feel
objects, tools, or controls; reach with hands and arms; and
talk or hear.
The employee must occasionally lift and/or move up to 10
pounds . Specific vision abilities required by this job include
close vision, distance vision, color vision, peripheral vision,
depth perception, and the ability to adjust focus .
WORK ENVIRONMENT: The work environment characteristics described
• here are representative of those an employee encounters while
performing the essential functions of this job. Reasonable
accommodations may be made to enable individuals with
disabilities to perform the essential functions.
While performing the duties of this job, the employee is
occasionally exposed to vibration.
The noise level in the work environment is usually moderate .
- 4 -
J/. E.
CITY OF SHAKOPEE
Memorandum
b
TO: Mayor and City Council
FROM: Mark McNeill, City Administrator
SUBJECT: Payroll Updates
DATE: January 3, 1997
INTRODUCTION:
The Council is asked to amend the 1996. Pay Schedule for the Assistant to the Administrator, and
Economic Development Coordinator positions.
BACKGROUND:
Previously, the City Council has approved filling of these two positions. However,the pay plan
must be amended by resolution. (We can find no evidence that the pay plan for the Economic
Development Coordinator position was amended at any time previous to this;the Assistant to the
Administrator position was approved by Council at its December 17th meeting.)
RECOMMENDATION:
I recommend that the attached resolution be adopted,which will amend the 1996 Pay Schedule.
Note that until 1997 cost of living adjustments, are adopted,the 1996 Pay Schedule will stay in
effect.
Recommendation for the Payroll/Benefits Coordinator are outlined in a separate memo.
ACTION REQUIRED:
If the Council concurs, it should, by motion, adopt the following resolution:
RESOLULTION NO. 4602, A RESOLUTION AMENDING RESOLUTION NO. 4368,
WHICH AMENDS THE 1996 PAY SCHEDULE FOR THE ASSISTANT TO THE CITY
ADMINISTRATOR, ECONOMIC DEVELOPMENT COORDINATOR AND
PAYROLL/BENEFITS COORDINATOR POSITIONS.
Mark McNeill
City Administrator
MM:tw
RESOLUTION NO. 4602
A RESOLUTION AMENDING RESOLUTION NO. 4368, WHICH AMENDS
THE 1996 PAY SCHEDULE FOR THE ASSISTANT TO THE CITY ADMINISTRATOR,
ECONOMIC DEVELOPMENT COORDINATOR AND PAYROLL/BENEFITS
COORDINATOR POSITIONS
WHEREAS, on December 19, 1995,the Shakopee City Council adopted Resolution No.
4368 amending the 1996 Pay Schedule; and
WHEREAS, certain conditions and circumstances have changed to make 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 Pay Plan for the Assistant to the City Administrator,Economic Development
Coordinator, and Payroll/Benefits Coordinator positions classification is hereby amended as
follows:
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8
Payroll/
Benefit Coor. $29,820 $31,684 $32,616 $33,548 $34,479 $35,411 $36,343 $37,275
Asst. C.A. $28,594 $30,382 $31,275 $32,169 $33,062 $33,956 $34,849 $35,743
E.D.Coor. $37,699 $40,055 $41,234 $42,412 $43,590 $44,768 $45,946 $47,124
Adopted in Regular Session of the City of Shakopee, Minnesota held this 7th day of
January, 1997.
Mayor of the City of Shakopee
ATTEST:
City Clerk
RESOLUTION NO. 4602
A RESOLUTION AMENDING RESOLUTION NO. 4368, WHICH AMENDS
THE 1996 PAY SCHEDULE FOR THE ASSISTANT TO THE CITY ADMINISTRATOR,
ECONOMIC DEVELOPMENT COORDINATOR AND PAYROLL/BENEFITS
COORDINATOR POSITIONS
WHEREAS, on December 1.9, 1995,the Shakopee City Council adopted Resolution No.
4368 amending the 1996 Pay Schedule; and
WHEREAS, certain conditions and circumstances have changed to make 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 Pay Plan for the Assistant to the City Administrator, Economic Development
Coordinator, and Payroll/Benefits Coordinator positions classification is hereby amended as
follows:
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 Step 8
Payroll/
Benefit Coor. $29,820 $31,684 $32,616 $33,548 $34,479 $35,411 $36,343 $37,275
Asst. C.A. $28,594 $30,382 $31,275 $32,169 $33,062 $33,956 $34,849 $35,743
E.D.Coor. $37.699 $40,055 $41,234 $42,412 $43,590 $44,768 $45,946 $47,124
A.dopted in Regular Session of the City of Shakopee, Minnesota held this 7th day of
January, 1997.
Mayor of the City of Shakopee
ATTEST:
City Clerk
CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
FROM: Mark McNeill. City Administrator
SUBJECT: Council Meeting Procedures
DATE: January 2, 1997
INTRODUCTION:
The Council is asked to affirm the Council meeting procedures, and consider the establishment
of a limited"consent agenda" for regular City Council meetings in 1997..
BACKGROUND:
Past practice of the City Council has been to discuss meeting objectives and procedures at the
first meeting of the new year. These objectives and procedures aid the Mayor in running an
orderly meeting, and in accomplishing the objectives set forth in the agenda.
I discussed with Mayor Henderson the meeting objectives which had been adopted by the City
Council in early, 1996. They were adopted, and were to be revisited in six months. However,
because of the change over in administrative staff, that did not happen.
Meeting Objectives:
Mayor Henderson and I feel that the objectives outlined last year are being met easily by the City
Council. Those objectives included such items as being concise and understandable; being
accountable and open to public input, and being respectful and conducting the business of the
City in the interest of the overall community.
Because these objectives have been consistently met, Mayor Henderson feels that there is no
need to discuss these at this meeting.
Meeting Procedures:
Meeting procedures that have been previously adopted are included on the attached page.
The only major modification that we would propose at this time is to institute a limited"consent
agenda" for those items which are very routine in nature.
Under this proposal, there would be a"2.a"under the Approval of Agenda item, which would
read"Review of Consent Items". At that time, Mayor Henderson would note each of the items
(which would continue to be listed in their respective departmental classifications),with a brief
description of each item to be acted upon. Following that, any member of the City Council could
request that an item be taken off the consent agenda, and discussed at its regular place in the
agenda. Otherwise,those items left on the consent agenda could be adopted at the time of the
approval of the agenda.
Both Mayor Henderson and I feel that if only routine, and limited items are placed on a consent
agenda,that it will leave more time for the discussion of items which need to have full
discussion. We want to emphasize that this would be for very routine items. The Mayor's
description of each item at the time of the"Review of Consent Items"would describe to both the
audience in the Council Chambers, and to the audience at home viewing on cable television,
which items are to be considered.
The items that would be proposed for consent agenda are those which staff feels should be
routine. If this concept is adopted, Council is urged to feel five to pull items from the consent
agenda for full discussion-the Council may be aware of seemingly routine issues which need
full discussion, of which staff is unaware.
RECOMMENDATION:
We recommend that the meeting procedures be adopted, including the inclusion of the limited
"consent agenda" modification.
ACTION REQUIRED:
If the Council concurs, it should, by motion, adopt the meeting procedures, including provision
of a consent agenda, for 1997 as recommended above.
I �JLW
Mark McNeill
City Administrator
MM:tw
CC: Judy Cox
* Limit the "Liaison Reports" section of the agenda to just liaison reports.
* Include "Other Business" as a regular part of every agenda.
* Include "Mayor's Report" as a regular part of every agenda.
* Allow the audience to speak to the consent agenda regarding the removal of an
item from consent if a consent agenda exists.
* Maintain reasonable adherence to parliamentary procedure.
* Enforce that only those having the floor as recognized by the chair shall speak.
* Encourage both audience and Councilmembers to address the chair.
* Encourage that motions be descriptive of action sought i.e. not simply"move the
requested action".
* Make a strong effort to make motions only in the affirmative.
* Allow any member to make modifications to a motion, if acceptable to the maker,
but only,prior to the start of discussion as signaled by the chair;(After discussion
has begun a motion can altered only by a successful motion to amend).
* Disallow discussion on a motion until seconded or declared dead.
* Generally follow that the member who makes a motion will be given the first
opportunity to speak in discussion.
* Generally recognize any member who has not spoke on a question over one who
has.
* Discourage cumbersome, lengthy and numerous amendments to a motion.
* Rule against explanation of vote by members during voting.
* Delete "automatic"roll call votes.
* Declare a unanimous vote if a motion receives any votes on one side and none on
the other.
* Generally report by the chair the results of all votes indicating those members in
the majority.
* Make every effort to be protective of citizens, staff and Council from personal or
unnecessary derogatory attacks.
CITY OF SHAKOPEE 1l. E E. l
Memorandum
TO: Mayor and City Council
FROM: Mark McNeill, City Administrator
SUBJECT: Employee Recognition Plaques
DATE: January 2, 1997
INTRODUCTION:
The Council is asked to adopt a policy which would provide for recognition plaques for
employees who honorably separate from the City, either through retirement or resignation, and
who have 20 or more years of service.
BACKGROUND:
The recent and upcoming retirements of two long term employees have generated discussion at
staff level regarding official recognition by the City of their years of service. While the City
Council has discussed more bankable recognition in terms of retirement packages, this other
discussion has focused more on the public recognition of such long term employees.
In the past, a resolution of appreciation has been passed by the City Council. However, after
discussions with Mayor Henderson, we would like to propose that those employees who have
worked 20 or more years for the City of Shakopee would receive a plaque from the City Council
recognizing their years of service.
Council would be free to amend or vary from this policy at any time in special circumstances, but
generally recipients would be for those who have served 20 or more years, and who honorably
separate.
BUDGET IMPACT:
We would suggest a plaque value not to exceed $45.00 per plaque. Funding for this would come
from the department budget of the retiring employee.
RECOMMENDATION:
I recommend that a policy be established regarding presentation of plaques to long term
employees honorably separating serving 20 or more years.
ACTION REQUIRED:
If the Council concurs, it should, by motion, authorize the presentation of plaques to employees
of the City of Shakopee who have served 20 or more years, and who honorably separate due to
resignation or retirement.
f jivaua
Mark McNeill
City Administrator
MM:tw
CITY OF SHAKOPEE ll' �•
Memorandum ) ) •
TO: Mayor and City Council
FROM: Mark McNeill, City Administrator
SUBJECT: Designating Acting City Administrator
DATE: January 2, 1997
INTRODUCTION:
The Council is asked to adopt a list of employees who may act as Acting City Administrator
during my absence.
BACKGROUND:
Occasionally, I am out of the office due to illness, vacation, or other planned absence. As such,
it is prudent to establish a"chain of command"during such an absence.
Such a list was last adopted in May, 1996; however, the top two people on that list(Assistant
City Administrator and Community Development Director)are no longer in the employ of the
City. As such, a new list should be developed.
RECOMMENDATION:
I recommend that the following individuals be designated, in rank order,to act during the City
Administrator's absence:
1. Finance Director
2. Public Works Director
3. Community Development Director
4. Police Chief
ACTION REQUIRED:
If the Council concurs, it should adopt the following resolution. If it does not concur with the
recommendation, it should modify the resolution as it sees fit.
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, DESIGNATING THE
ACTING CITY ADMINISTRATOR.
Ulm/VkU t L
Mark McNeill
City Administrator
MM:tw
RESOLUTION NO. 4597
A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA,
DESIGNATING THE ACTING CITY ADMINISTRATOR
WHEREAS, from time to time the City Administrator is unavailable to perform his
duties; and
WHEREAS, the City Council desires to establish a list of employees who may act
as Acting City Administrator.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SHAKOPEE,MINNESOTA,AS FOLLOWS:
That the individuals in the following positions are authorized to fulfill the duties of
the City Administrator when the City Administrator is unavailable.
1. Finance Director
2. Public Works Director
3. Community Development Director
4. Police Chief
The individual in each position shall be authorized in the order and ranking
indicated above. If the Community Development Director is acting as Acting City Clerk,
that individual shall be passed over and the individual next in position shall be Acting City
Administrator.
BE IT FURTHER RESOLVED,that Resolution No. 4445, Designating the Acting City
Administrator, is hereby repealed.
Passed in session of the City Council of the City of Shakopee,
Minnesota,held this day of , 1997.
Mayor of the City of Shakopee
ATTEST:
City Clerk
hELl..
CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Judith S. Cox, City Clerk
SUBJECT: Designating Acting City Clerk
DATE: January 7, 1996
INTRODUCTION:
Resolution No. 4601 is offered for City Council consideration.
BACKGROUND :
From time to time the City Clerk may be unavailable to perform
her duties. It is recommended that the Community Development
Director be designated as the Acting City Clerk in the absence of
the City Clerk. This resolution will supersede Resolution No. 4063
which designated the Assistant City Administrator and the City
Planner as Acting City Clerk. The City Planner position has been
upgraded to the Community Development Director and there is no
longer an Assistant City Administrator position. (Prior to the
adoption of Resolution No. 4063, City Council designated the Acting
City Clerk, as well as the Acting City Administrator, as needed on
a case by case basis. )
RECOMMENDED ACTION:
Offer Resolution No. 4601, A Resolution Designating An Acting
City Clerk, and move its adoption.
J dith S. Cox, ty Clerk
RESOLUTION NO. 4601
A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA,
DESIGNATING AN ACTING CITY CLERK
WHEREAS, from time to time the City Clerk is unavailable to perform her duties;
and
WHEREAS, City Council desires to appoint an employee who may act as Acting
City Clerk in her absence.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SHAKOPEE, MINNESOTA, that the Community Development Director is
hereby authorized to fulfill the duties of the City Clerk when the City Clerk is unavailable.
BE IT FURTHER RESOLVED, that this resolution supersedes Resolution No.
4063.
Adopted in session of the City Council of the City of
Shakopee, Minnesota, this day of January, 1997.
Mayor
ATTEST:
City Clerk
CITY OF SHAKOPEE ll. 5. 1 3 sr
Memorandum
TO: Mayor and City Council
FROM: Mark McNeill, City Administrator
SUBJECT: 1997 Non Contract Employee Cost of Living Adjustment
DATE: January 3, 1997
INTRODUCTION:
At its meeting of January 7th,the City Council may be asked to approve a cost of living salary
adjustment for non-contract employees.
BACKGROUND:
Traditionally, non-contract employees receive a cost of living adjustment. to take effect January
1st of each year.
This year,there are some complicating factors; later this month,the City is to report compliance
on pay equity/comparable worth; this was last reported in 1994. In addition, one on the unions
has a concern about pay equity for some of its bargaining unit members,which may affect
comparable worth.
In order to bring the Council fully up to speed on the union issue, discussion in closed session
will need to be held. Following that, if desired,the Council may make an adjustment in the non-
contract salaries for 1997.
BUDGET IMPACT:
One and one-half percent was budgeted in the 1997 Operating Budget for salary and benefit
adjustments. Any settlement in excess of that will need to come from other areas of the 1997
Budget.
RECOMMENDATION:
I recommend that the Council go in to closed session to discuss the union issues, and the impact
on overall wages.
If appropriate, following that the Council will be asked to consider a cost of living adjustment for
non-contract employees.
ACTION REQUIRED:
Following a decision in a closed session concerning union issues,the Council maybe asked to
make a salary adjustment for 1997 cost of living increases for non-contract employees.
Mark McNeill
City Administrator
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