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HomeMy WebLinkAbout04/18/2000 TENTATIVE AGENDA CITY OF SHAKOPEE ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA APRIL 18, 2000 LOCATION: 129 Holmes Street South Mayor Jon Brekke presiding 1] Roll Call at 7:00 p.m. 2] Pledge of Allegiance 3] Approval of Agenda 4] Mayor's Report 5] Approval of Consent Business—(All items noted by an * are anticipated to be routine. After a discussion by the Mayor, there will be an opportunity for members of the City Council to remove items from the consent agenda for individual discussion. Those items removed will be considered in their normal sequence on the agenda. Those items remaining on the consent agenda will otherwise not be individually discussed and will be enacted in one motion.) 6] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS —(Limited to five minutes per person/subject. Longer presentations must be scheduled through the City Clerk. As this meeting is cablecast, speakers must approach the microphone at the podium for the benefit of viewers and other attendees.) *7] Approval of Minutes: February 29 and March 16, 2000 *8] Approval of Bills in the Amount of$645,958.11 9] Public Hearing on proposed vacation of a portion of Scott Street and the alley between 1s`and 2°d and between Scott Street and Apgar Street(Stemmer property)—Res. No. 5346 10] Communications 11] Liaison Reports from Council Members 12] Recess for Economic Development Authority meeting 13] Re-convene 14] Recommendations from Boards and Commissions: A] Final Plat of Boldt Acres, located south of Timber Trails and west of Marschall Road—Res. No. 5347 TENTATIVE AGENDA April 18, 2000 Page -2- 15] General Business A] Police and Fire *1. Surplus Property B] Parks and Recreation *1. Hiawatha Park Shelter Architect C] Community Development 1. Shakopee Public Utilities Commission (SPUC)Water Supply Analysis D] Public Works and Engineering 1. Awarding Contract for Vierling Drive, Project 1999-5 and CSAH 17, Project 1999-7—Res. No. 5342 *2. Parking Restrictions on CSAH 17 from TH 169 to St Francis Avenue—Res. 5348 *3. Establishing a Municipal State Aid Street—Res. No. 5349 4. Scott County Parking Committee's Final Recommendations *5. Approval of Plans for 2000 Sidewalk/Trail/Parking Lot Improvements, Project Nos. 2000-2 and 2000-3 —Res. No. 5350 E] Personnel 1. Ice Arena Maintenance Operator—Res. No. 5352 F] General Administration: 1. Set Workshop Meeting *2. Application for Pawnshop License—Frank's Pawn, Inc. —tabled 4/4 3. Marschall Road/Junior High Traffic Concerns 4. Derby Days Parking Lot Usage 5. Baseball Stadium Concession Agreements *6. Internet/E-Mail Use Policy - Res. No. 5351 16] Council Concerns 17] Other Business 18] Adjourn to . . . TENTATIVE AGENDA ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, MINNESOTA Adjourned Regular Meeting April 18, 2000 1. Roll Call at 7:00 p.m. 2. Approval of the Agenda 3. Approval of Consent Business-(All items noted by an 4 are anticipated to be routine.After a discussion by the President,there will be an opportunity for members of the EDA to remove items from the consent agenda for individual discussion. Those items removed will be consideredin their normal sequence on the agenda. Those items remaining on the consent agenda will otherwise not be individually discussed and will be enacted in one motion.) 4. 4 Approval of Minutes: February 15th&29th,2000 5. Financial 4 A.)Approval of Bills 6. Other Business: 7. Adjourn edagenda.doc OFFICIAL PROCEEDINGS OF THE ECONOMIC DEVELOPMENT AUTHORITY SHAKOPEE, MINNESOTA ADJOURNED REGULAR SESSION FEBRUARY 15, 2000 Members Present: Brekke, Sweeney, Link, and President Amundson Members Absent: Gary Morke Staff Present: Mark McNeill, City Administrator; R. Michael Leek, Community Development Director; Others Present: Bruce Loney, Public Works Director/City Engineer; Judith S. Cox, City Clerk; Jim Thomson, City Attorney; and Paul Snook, Economic Development Coordinator I. Roll Call President Amundson called the meeting to order at 7:19 P.M. Roll was taken as noted above. H. Approval of Agenda Sweeney/Link moved to approve the agenda as presented. Motion carried unanimously. III. Consent Business Link/Sweeney moved to approve the Consent Agenda as presented. Motion carried unanimously. A. Approval of Minutes Link/Sweeney moved to approve the minutes of December 7 and December 21, 1999 (Motion carried under the Consent Agenda). IV. Financial A. Approval of Bills Link/Sweeney moved to approve bills in the amount of$53.58 for the E.D.A. General Fund, and $60.55 for Seagate. (Motion carried under the Consent Agenda). V. Update- Small Cities Develooment Program (Carver County HRA) Paul Snook reported that the Carver County HRA has been developing policies and procedures for each of the three programs: Single-Family Rehab, Rental Rehab and Commercial Rehab. He said the Policies and Procedures have been forward to DTED for approval and that the Environmental Review has been completed and is also waiting for OFFICIAL PROCEEDINGS OF THE FEBRUARY 15, 2000 SHAKOPEE ECONOMIC DEVELOPMENT AUTHORITY PAGE 2 final clearance from DIED. The next step is for the City Council to approve a number of items to be forwarded to DTED so that funds may be released. Amanda Lundberg, Carver County HRA, approached the podium and explained that DTED may be buried in paper work as there are a number of cities providing similar information to DTED at the same time. She said there were a few agencies that requested further information, such as the possibility that some wells have not been capped or septic systems not completely drained. She said another issue that arose involved the fact that some of the homes were in the 100 year flood zone. All necessary information will be available for the February 29th meeting. In response to a question regarding the application process, Ms. Lundberg explained that income must be under 80% of the area median income. She said the collection and verification of this information is time consuming but must be done. Once approved, a rehab specialist goes to the home to help determine what repairs need to be done. There must be two bids for each repair and no money is paid out until the homeowner is satisfied that the work is completed. In response to a question regarding the time table, Ms. Lundberg explained that due to the construction near St. Peter and low interest rates, the demand for construction is high which makes it difficult to find contractors. She said there is no problem in obtaining an extension. When asked how those that are eligible are made aware of this program, Paul Snook explained that a story was placed in the Shakopee Messenger, brochures for the Commercial sector and a flyer for the owner-occupied and rental sector. Brekke/Link moved to direct staff to implement a mailing to inform the affected property owners in the area so they are aware of the program. Motion carried unanimously. VI. Appointments to the Economic Development Advisory Committee Mark McNeill reported that the EDA Commissioners Morke and Link, along with the Executive Director, interviewed candidates for the Economic Development Advisory Committee . They recommend appointments as follows: 3 year term- Jeff Jansen, Scott O'Brien; 2 year term - Brian Langdon, Bryan Sorenson; and 1 year term - Jay Lyle. Brekke/Sweeney offered Resolution No. 00-1, A Resolution Appointing Individuals to the Economic Development Advisory Committee, and moved its adoption. Motion carried unanimously. OFFICIAL PROCEEDINGS OF THE FEBRUARY 15, 2000 SHAKOPEE ECONOMIC DEVELOPMENT AUTHORITY PAGE 3 VII. Other Business None VIII. Adjournment Sweeney/Link moved to adjourn. Motion carried unanimously. The meeting was adjourned at 7:45 p.m. ddFt4ji,e) dith S. Cox E.D.A. Secretary Esther TenEyck Recording Secretary OFFICIAL PROCEEDINGS OF THE ECONOMIC DEVELOPMENT AUTHORITY SHAKOPEE,MINNESOTA REGULAR SESSION FEBRUARY 29,2000 Members Present: President Amundson,Brekke,Morke,Link, Sweeney Members Absent: None Staff Present: Mark McNeill,City Administrator,R.Michael Leek,Community Development Director;Bruce Loney,Public Director/City Engineer;Judith S. Cox,City Clerk; Paul Snook,Economic Development Coordinator;and Jim Thomson,City Attorney;Gregg Voxland,Financial Director. I. Roll Call: President Amundson called the meeting to order at 7:20 p.m. Roll call was taken as noted above. II. Approval of Agenda Sweeney/Morke moved to approve the agenda as presented. Motion carried unanimously. III. Consent Agenda Link/Brekke moved to approve the consent agenda. Motion carried unanimously. 3.A. Approval of Minutes There were none. 1V. Financial 4.A. Approval of Bills i Link/Brekke moved to approve bills in the amount of$20.48 for the EDA General Fund and$00 for Seagate. (Motion carried under the Consent Agenda). V. Other Business There was no other business. Vi. Adjournment Brekke/Link moved to adjourn. Motion carried unanimously. The meeting adjourned at 7:22. J th A. Cox,EDA Secretary ole Hedlund,Recording Secretary g/1 C©r\Se-4 CITY OF SHAKOPEE Memorandum TO: President & Commissioners Mark H. McNeill, Executive Director FROM: Gregg Voxland, Finance Director SUBJ: EDA Bill List DATE: April 13, 2000 Introduction Attached is a listing of bills for the EDA for the period 3/17/00 to 04/13/00 . Action Requested Move to approve bills in the amount of $4, 589 .39 for the EDA General Fund and $0 . 00 for Seagate (code 9450) . 1 N 0 0 0 0 0 0 0 O O O II . 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WWoauO H a a lx W ril aooaW � 0 z44a ' HW 0 HW WFC H \ XqCAU] 04ZH FC 0 HH O 0Cr4r4 C) co Tp a o H S z H W 3D+ Cna H c H t 0 zAAozxX 0 Kt 04 0 Qz l0 mm rl N m N N LD ri ri •J N N N rI LO ri m m m Ln 01 01 .''t o m m VD N OD U o 0 0 o r-1 o W LO Ul Ln Ln LO Lll O z 0 0 0 0 0 0 O 0 0 0 0 0 O 0 0 0 0 0 O 0 0 0 0 0 N N N N N N LAN NN NN W 0 rI H H H rl H \\\ 0 0 0 0 0 0 0 * * * * H LI) 01 01 H * H H H * 0 r] N 0 0 0 r-1 LO i H o H N N m m d' C7 H H Tr C7 wwTrTrTr 00 H O 0 o rH ri rH rH rHi a A G. _. r x CA CA Ch Ch Ch CA CU r-1 H H ri H H 04 04 0 0 0 0 0 0 0 0 W W El H 01 01 01 01 01 D1 A r1 r1 H H R H Fl H A Ln in Ln in in Lfl H H * 41 Z 1-1 H H H H H 0 0 * * . W H H H H H H H H * * OFFICIAL PROCEEDINGS OF THE CITY COUNCIL SPECIAL SESSION SHAKOPEE,MINNESOTA February 29,2000 Mayor Brekke called the meeting to order at 7:00 p.m. with Councilmembers Link, Morke, Amundson and Sweeney present. Also present: Bruce Loney,Public Works Director/City Engineer; R. Michael Leek, Community Development Director;Paul Snook,Economic Development Coordinator; Gregg Voxland, Finance Director; Jim Thomson, City Attorney; Judith S. Cox, City Clerk; Mark McNeill, City Administrator; Mark McQuillan, Park and Recreation Director; The pledge of allegiance was recited. The following items were added to the agenda: Item Nos. 15.F.8. Condemnation Proceedings -Eugene Hauer Property; 15.F. 9. Annexation Directive Reconsideration; and 15.F.10. Fuller Street Railroad Crossing—Closure for Repairs. The following item was deferred to a future meeting: Item No. 15.F.7. Date for a workshop meeting with Murphy's Landing. Sweeney/Amundson moved to approve the agenda as modified. Motion carried unanimously Mayor Brekke reported that the City suffered a tremendous loss this past week when Jack Coller died. He contributed much over the 51 years he was City Attorney.. He was also a great historian for the City.. A moment of silence was held in honor of Jack Coller. Mayor Brekke announced he gave the annual City update to the Chamber of Commerce. There were 20- 25 people present and he cited the accomplishments of the past year along with the challenges for the year 2000 and beyond. Also,he visited a fourth grade class at Sun Path Elementary. These students were quite concerned about the Park System in Shakopee. Mayor Brekke will bring before to the Park and Recreation Board the suggestion from the fourth grade students for a Skate Park in Shakopee. The following item which was a new item this evening was added to the Consent Agenda. 15.F.10. Fuller Street Railroad Crossing—Closure for Repairs. The following items were removed from the Consent Agenda. 15.A.1. The City's Participation in Minnesota's Outdoor Recreation Grant Program. Item No. 7. the meeting minutes of December 21, 1999 were removed from the Consent Agenda and were acted upon individually. Link/Amundson moved to approve the Consent Agenda as modified. Motion carried unanimously. Mayor Brekke asked if there were any interested citizens in the audience who wished to address the City Council on any item not on the agenda. There was no response. OFFICIAL PROCEEDINGS OF THE FEBRUARY 29,2000 SHAKOPEE CITY COUNCIL PAGE 2 Link/Amundson moved to approve the minutes of February 8,2000, and February 17, 2000. (Motion carried under the consent Agenda.) Link/Amundson moved to approve the bills in the amount of$203,421.36. (Motion carried under the Consent Agenda). Cncl. Link reported that he attended a meeting at Murphy's Landing on Thursday, February 24, 2000. A recess was taken at 7:20 for the purpose of conducting the Economic Development Authority meeting. The meeting was reconvened at 7:22. Link/Amundson offered Resolution No. 5326, a Resolution Setting the Public Hearing Date to Consider the Vacation of Drainage and Utility Easements in the Killarney Hills Addition, and moved its adoption. (Motion carried under the Consent Agenda). Link/Amundson offered Resolution No. 5327,A Resolution Setting the Public Hearing Date to Consider the Vacation of a Portion of Webster Street Right-of-Way in the Old Shakopee City Plat, and moved its adoption. (Motion carried under the Consent Agenda). Residents were in the audience to address the proposed street improvements for Vierling Drive, from CSAH 17 to Miller Street and CSAH 17 from T.H. 169 to St. Francis Avenue, therefore, Mayor Brekke opened the discussion on the proposed street improvements. Bruce Loney, Public Works Director, approached the podium to address the City Council on the plans and to order advertisement for bids on the proposed street improvements. These two street improvement projects are being submitted together in hopes of getting a better bid because of the greater volume. Mr. Loney explained the Vierling Drive, from CSAR 17 to Miller Street project was initiated by the City Council based on the plat of Vierling Plaza and the K-Mart Development. This project will consist of a widening of Vierling Drive to Miller Street to accommodate turn lanes, a concrete median, and bituminous trail/concrete sidewalk and ultimately a pedestrian bridge across T.H. 169. This improvement is needed for traffic control. Vierling Drive is designated as a major arterial on the City's Comprehensive Plan and Transportation Plan. This is the second time this street improvement has come before the City Council. On July 20, 1999 this was initially adopted by Resolution No. 5196. However,when the bids were received on August 16, 1999 the City Council rejected the bids because they were significantly higher than estimated. The street improvement of Vierling to Miller Street has also been reworked. The median has been reduced in size,the lanes have been narrowed along with the road bed being lowered. Also,the developer of K-Mart has installed some underground utilities for K-Mart's benefit and therefore,these utilities have been eliminated from the plans. Mayor Brekke suggested that perhaps a double left turn lane to turn on to Vierling Drive was necessary. Or a less costlier option would be to let the middle lane go straight into the City or else car traffic could OFFICIAL PROCEEDINGS OF THE FEBRUARY 29,2000 SHAKOPEE CITY COUNCIL PAGE 3 turn left from the middle lane on to Vierling Drive. Mr. Loney and Mr. Reichert, a traffic engineer for WSB Associates, Inc., agreed that the best solution to this problem was to phase the signal lights. Mayor Brekke requested Mr. Chuck Reichert and Mr. Bruce Loney to analyze this situation and make a recommendation to the City Council what the best solution to this traffic congestion would be. Mr. Loney said the County would need to make the final decision because this is a county road. Cncl. Amundson thought this was a very dangerous area for pedestrians. She wanted to know if there were any safeguards looked at for the intersection at CSAH 17 and Vierling Drive. Mr. Loney will note the concerns at this intersection, but as of now this is a safer intersection than many others within the City. He had police reports to back up this comment. He felt the current left turn lanes here are helping. The street crossing lights need to be monitored and he felt the phasing of the trafffic lights would help the pedestrians crossing this intersection. Cncl. Link thought perhaps this road was being undersized. theycould with the information that theyhad at the time. Loneystated that the Citydid the best Mr. There are physical constraints in this area. Mark McNeill, City Administrator, said eventually there will be more stop lights in this area, but at this time,traffic wise they are not called for. Mr. Loney explained that the street improvement improving CSAH 17 from T.H. 169 to St. Francis Avenue, Resolution No. 5217 was adopted on September 7, 1999 by the City Council. The proposed improvements have been changed somewhat from the original plans. The proposed improvements for this project now include widening CSAH 17 to a divided four lane roadway with dual turn lanes [only one to be implemented at this time] at CSAH 17 and 17th Ave., along with a traffic signal at CSAH 17 and 17th Ave. intersection, along with a bituminous trail on the east side. When the second turn lane is needed this will be at the county expense. Because the City did not want to take any more right-of way from the residents adjacent to CSAH 17 a design reconstruction was necessitated. The reconstruction design is felt to be a much improved design over the original design. The new design will match much better with the existing properties. Also this area includes much commercial, a school, a hospital and residential areas. The new design meets with verbal approval from the county. This is a county state aid highway and there are certain requirements that CSAH 17 needs to meet. Mr. Loney explained that the properties on the west side of CSAH 17 would have a right in, right out access. Betaseed requested that a right turn lane into their property be included in this new plan along with a new driveway. The City agreed to the right turn lane if Betaseed would sign a waiver of assessment appeal to the City. Mr. Loney reported that an informational meeting was held on February 28, 2000 for all of the affected residents. The homeowners on the west were informed that they may need to make a U turn at 17`h Ave. to get to their drives. Even though the City did not want to utilize more residential right-of-way it was OFFICIAL PROCEEDINGS OF THE FEBRUARY 29,2000 SHAKOPEE CITY COUNCIL PAGE 4 necessary. Some residents lost more front yard to the highway right of way than others. The residents had issues regarding refuse hauling,mail delivery, noise,dust,trees, speed, etc. The City talked with the refuse hauler and the City also agreed to additional landscaping if wanted. The City tried to talk with the Post Office but the Post Office had not returned their call yet. Discussion followed to find ways to assist these residents so no or very little right-of-way would have been needed,but this was futile. This street improvement of CSAH 17 to St. Francis Ave. puts CSAH 17 extremely close to the homes. Because this is a county state aid highway there are requirements the road needs to meet. Cncl. Morke questioned the U turn that would be needed to be made by some residents. He queried if there was enough room. Mr. Loney said a car possibly could make the U but he felt another way would be needed if a trailer, etc. was being pulled or a large vehicle was needing to get to a residents home. Mayor Brekke said the City had a significant amount of time invested in this project. He inquired to Mr Loney when the County was going to accept the leadership for this project; it was a county road. Mr. Loney said this was not unusual. This is not an identified problem to the County and they do not have this area in their budget at this time. Mayor Brekke did appreciate Mr. Loney's taking the design of this project on. Lance Nemanic, 1712 Marshall Road, approached the podium. He made some comments on the intersection and Targets positioning. He had concerns on the noise, dust, right-of-way, and speed to name a few. Loy Marshall, 1766 Marshall Road, approached the podium. She thanked the City for the informational meeting that was held on February 28, 2000 for the residents that would be affected by this street improvement. She was concerned about the landscaping and hoped that there could be some in front of the homes along CSAH 17 to block the visual, and the sign lights from the hospital. Mr. Leek informed the audience that there were restrictions on the height of a fence; there were no restriction on private property on natural landscaping. In the easement on private property there may be restrictions. That is up to the county. Cncl. Amundson asked if the City could provide the landscaping for this project. Mr. Loney needed direction to do so because this landscaping involved private property. Cncl. Link was very dissatisfied with this plan, old or new. He felt this project was extremely dangerous for the existing residents. Cncl. Morke was concerned about the residents feeling that there was nothing that could be done. Cncl. Morke told the residents that from their input things can change. He did not like the plans for either of the street improvements. OFFICIAL PROCEEDINGS OF THE FEBRUARY 29,2000 SHAKOPEE CITY COUNCIL PAGE 5 Cncl. Sweeney asked if these residential properties could be condemned and this area made into a roadside park. Tony Kervina, 1752 Marshall, approached the podium and asked how anyone would walk or ride a bike on this road. The drainage issue was of concern to him also. Mayor Brekke had Mr. Loney explain the alignment issue regarding this road. Mr. Loney said the City moved CSAH 17 over as much as they possibly could and still meet requirements for state aid for this road. The road had been moved over even further but the county would not approve that design because state aid requirements were not met. This new road did have to match into other roadways. There are also physical constraints in this area. There are no guarantees that a plan going through the variance process would be approved. There are requirements that need to be met. The City would sure rather design a roadway to meet 30-40 mile speed limits here, rather than a 50 mile speed limit but because this is a CSAH it has to meet the speed designs for 50 miles per hour. The state,by state statute, sets the speed limit. Mayor Brekke asked the City attorney if condemning this property and making a roadside park out of the land would meet the definition of public purpose. Jim Thomson, City Attorney, said yes this could meet the public purpose definition. Sweeney/Amundson moved to have staff explore and report back to the City Council on the possibilities of acquiring these parcels affected by this street improvement and to get the reactions of the residents involved in the condemnation possibility. Mr. Loney reminded staff that this was probably the most favorable time of year to be out for bids. Motion carried unanimously. Sweeney/Morke offered Resolution No. 5320, A Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for Vierling Drive,From County State Aid Highway 17 to Miller Street. - Project No. 1999-5, and moved its adoption. Motion carried unanimously. Sweeney/Amundson offered Resolution No. 5321,A Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for County State Aid Highway 17 (Marshall Road), from Trunk Highway 169 To St. Francis Avenue - Project No. 1999-7, and moved its adoption. Motion carried unanimously. Mayor Brekke said this street improvement issue will be rescheduled once staff has the reports from the property owners along CSAH 17 in the affected area of the street improvements and the bids are back on the above mentioned street improvements. OFFICIAL PROCEEDINGS OF THE FEBRUARY 29,2000 SHAKOPEE CITY COUNCIL PAGE 6 Link/Amundson moved to authorize the amendment of the three-year lease agreement with IKON company for a Minolta Di350 copier at$489.00 per month for 36 months with the funding coming from the 2000 Police Department Budget. (Motion carried under the Consent Agenda). Link/Amundson moved to approve the transfer of a Tobacco License for Kmart 9638 at 1200 Shakopee Town Square, Shakopee, Minnesota, to Kmart 9386 at 1698 Vierling Drive East, Shakopee, Minnesota. (Motion carried under the Consent Agenda). Link/Amundson moved to table the on-sale and Sunday on-sale intoxicating liquor license applications from TL Foods, LLC, 1128 Vierling Drive East, Shakopee, Minnesota, until March 21, 2000. (Motion carried under the Consent Agenda). Link/Amundson moved to approve the applications and grant temporary on-sale liquor licenses to the Church of St. Mary, 535 South Lewis Street, Shakopee, Minnesota, for March 12, 2000 and June 25, 2000. (Motion carried under the Consent Agenda). Link/Amundson moved to authorize the appropriate city officials to execute a revised Joint Powers Agreement for the South West/West Central Service Cooperative regarding the acquisition of employee group insurance coverage. (Motion carried under the Consent Agenda). Link/Amundson offered Resolution No 5324, A Resolution Amending Resolution No. 4179 Authorizing Bank Transfers, and moved its adoption. (Motion carried under the consent Agenda). Mayor Brekke removed himself from the table on discussion on the electric franchise fee issue because he is employed by Minnesota Valley Electric, one of the parties involved. Cncl. Link presided as Acting Mayor for the electric franchise fee issue. Mark McNeill gave the City Council an update on the electric franchise fee. He explained that there is no action that needs to be taken this evening, this is for update purposes only. At the February 15, 2000 City Council meeting,Northern States Power and Minnesota Valley Electric requested action be deferred for an electric franchise fee so Minnesota Valley Electric could have time to review this issue. In 1999, Shakopee Utilities acted upon a recommendation by a rate consultant and established a budget which provides funding in the equivalent of$.0033 per kilowatt hour to be transferred to the City of Shakopee. All utilities servicing Shakopee residents are not required to transfer some of the monies collected from Shakopee residents back to the City. The utility companies servicing Shakopee are: Shakopee Public Utilities, Minnesota Valley Electric, and NSP. Shakopee Public Utilities feels the other utilities need to give some of the monies they collect from Shakopee residents back to the City. Notice regarding the franchise fee was sent to NSP from Shakopees' City Attorney's office. NSP is required by State law to have a franchise agreement in place before a franchise fee is collectable. NSP's franchise ran out with the City in the early 1990's and this franchise document has yet to be renewed. Attorney James Strommen of Kennedy & Graven has been in contact with NSP to try and move things along regarding the franchise agreement. Minnesota Valley Electric does not need a franchise agreement in place before they can provide service to Shakopee because they are an electric cooperative. The franchise fee can be imposed by ordinance. Minnesota Valley Electric Cooperative President Roger Geckler responded they would be OFFICIAL PROCEEDINGS OF THE FEBRUARY 29,2000 SHAKOPEE CITY COUNCIL PAGE 7 happy to work with the City,but they want to be treated equitably. There is a staff level meeting with MVEC scheduled for Tuesday, March 15,2000 to begin negotiating with them. Acting Mayor Link thanked Mr. McNeill for his presentation to the City Council. This item is just for information, there is no action that needs to be taken this evening. Mayor Brekke returned to his seat. Morke/Link moved to direct the Parks and Recreation Advisory Board to conduct a Public Hearing on the proposed improvements for Huber Park at its March 13, 2000 meeting. Motion carried unanimously. Morke/Link offered Resolution No. 5322, a Resolution in Support of the City's Participation in the Minnesota Outdoor Recreation Grant Program, and moved its adoption. Motion carried unanimously. Mark McQuillan, Director of Natural Resources, approached the podium and reported to the City Council on the Southbridge Community Park Master Plan. Mark McQuillan stated that at the Jan. 24`h Advisory Board Meeting, Parks and Recreation Advisory Board members felt strongly that the entire 50 acres remain as park land. However, they are open to other options. Mr. McQuillan gave a cost of the two preferred options. The first option would be to keep all 50 acres. MnDOT would donate 25 of these acres. The other twenty five acres would be purchased at a cost of approximately $14,400 per acre. This would bring the cost of the park land up to approximately $363,000. The assessments on Southbridge Parkway are approximately $400,000. These assessments need to be added to the cost of the land bringing the total cost to approximately $763,000. The cost of the Shakopee Crossing assessments would be deducted thus bringing the cost down to approximately $615,000. If a roadway was put in from the Ryland's to Southbridge that would cost approximately another$100,000 bringing the approximate total cost of the 50 acres of park land to approximately $715,000. Option two was for 41 acres of park land. MnDOT would donate 25 acres and the additional park land would be purchased at a cost of approximately $230,400. The approximate assessments of Southhbridge Parkway of$400,000 need to be included in the cost of the land bringing the cost of the land now to $630,400. The Shakopee Crossings assessments of approximately $484,000 need to be deducted from the cost of the land bringing the approximate cost of the land to approximately $146,400. With the road assessments included of approximately $50,000,the total cost of this second option would be approximately $196,400. The difference between the 50 acres for park land ($715,000) and the 41 acres for park land ($196,400) is approximately $514,600 per Mayor Brekke. The City could realize some land sale of these acres further reducing the cost. Possibly some land would be available for sale on the eastern end of Southbridge. The Parks and Recreation Advisory Board would like to see a Community Park land use plan for this proposed park along with plans for the twelve smaller parks. According to Mr. McNeill, Mr. McQuillan is here this evening to receive some direction and some parameters for the proposed parks. He also brought it to the attention of the Council that not all of the 50 acres were developable. The community park that was being discussed was for all residents in the City of Shakopee not just for the residents in Southbridge. OFFICIAL PROCEEDINGS OF THE FEBRUARY 29,2000 SHAKOPEE CITY COUNCIL PAGE 8 Mr. Sweeney noted that the City was buying several pieces of property and the City needed to see where they were at financially before they committed to anything more. They needed a presentation of their financial commitments and their financial resources. Sweeney/Link moved to direct staff to put together a global picture of the City's financial commitments and the City's financial resources relating to all land purchases and other acquisitions and how we are going to fund these purchase, and bring this information back to the City Council at a future meeting. Mr. Jeff Kaley, Park Board Advisory member, approached the podium and wanted to go on record saying this plan to show the global picture of the City's financial condition relating to land purchase was a very good idea. He was of the opinion that the City is running out of good land for parks that they could purchase. We are behind in park dedication fees. We need to look aggressively at purchasing some park areas. He said that the goal for the 50-acre park would be more environmental as opposed to ball fields. Steve Soltau, Shakopee Crossings, approached the podium and also wanted to go on record saying he supports this 50 acre parcel being utilized for a park. There will be more development in this area. The City Council needs to remember that there is a power line easement in the 25 acres that MnDOT will be donating and the area within the easement is unbuildable. Motion carried unanimously. Mayor Brekke requested the item on the condemnation of the Eugene Hauer Property adjacent to Sun Path School be deferred to a later meeting when the financial picture of land purchases for the City is available. Sweeney/Morke moved to table authorizing the acquisition of property by Eminent Domain for park purposes until the park land financial picture becomes clear. Motion carried unanimously. Mayor Brekke explained that he had requested Mark McNeill to put the annexation directive of the White farmstead on the agenda. This issue relates to the realignment of County Road 69 and T.H.300 This property is across from Shakopee Town Square and is abutted on either side by City Property. Because right-of-way is not needed from this farmstead, Mayor Brekke felt the annexation at this time was not warranted. Cncl. Sweeney did not agree. True the right of way is not needed, but the City has been trying to annex this property for many years. It is not in the Jackson Township proposal for annexation, so this is a good time to annex the White farmstead. Cncl. Link thought this parcel would be of great benefit to the City of Shakopee. Mayor Brekke said if there was no interest in discontinuing the annexation of this parcel at this time there was no motion needed. The annexation process will continue Link/Amundson moved to authorize the Union Pacific Railroad to close the Fuller Street crossing on Thursday, March 2nd, from 8:00 a.m. to 4:00 p.m. (Motion carried under the Consent Agenda). OFFICIAL PROCEEDINGS OF THE FEBRUARY 29,2000 SHAKOPEE CITY COUNCIL PAGE 9 Mr. Leek approached the podium and stated that the DNR requested the City to update its Floodplain Overlay Zone consistent with theirs. The City did this. The Planning Commission at is January 6, 2000 meeting reviewed the update of the Floodplain Overlay Zone in the form proposed by the DNR. The Planning Commission at its February 17, 2000 meeting reviewed a text amendment relating to the Floodplain Overlay Zone in ordinance form as the Council is seeing it this evening. The core requirements of the Floodplain Overlay Zone are essentially the same as in the code,however, additional information is provided. The Planning Commission has recommended approval of Ordinance No. 567. Cncl. Sweeney inquired as to the impact of the new ordinance on the existing uses in the Floodplain Overlay Zone. Mr. Leek said the new ordinance impact on the uses in the Floodplain Overlay Zone is the same as the old ordinance. There are variances and conditional uses in place. Sweeney/Link offered Ordinance No. 567,An Ordinance Amending Chapter 11, Section 11.56, Floodplain Overlay Zone By Replacing It In Its Entirety, and moved it adoption, and approved its associated Ordinance Summary. Cncl. Sweeney wanted it noted on the record that he owned some land in the Floodplain Overlay Zone. Motion carried unanimously. Mayor Brekke asked if there were any council concerns this evening. There was no response. Sweeney/Amundson moved to approve the minutes for the December 21, 1999. Motion carried 4 - 0 with Cncl. Morke abstaining. Sweeney/Link moved to adjourn to Thursday, March 16, 2000 at 5:00 p.m. Motion carried unanimously. The meeting adjourned at 8:45 p.m. uorCitil, et. dith S. Cox City Clerk Carole Hedlund Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. SPECIAL MEETING SHAKOPEE,MINNESOTA MARCH 16,2000 Mayor Brekke called the meeting to order at 5:00 p.m. with Councilmembers Link, Morke, Amundson and Sweeney present; also present: Shakopee Cable Commission members: Langdon, Anderson, Scannell, and Moonen; also present were: Bruce Loney,Public Works Director/City Engineer;R. Michael Leek, Community Development Director, Judith S. Cox, City Clerk;Mark McNeill City Administrator; and Lou Van Hout,Manager, Shakopee Public Utilities. The pledge of allegiance was recited. Sweeney/Link moved to approved the agenda as presented. Motion carried unanimously. Mayor Brekke invited Mark McNeill to address the Cable television franchise renewal. Mark McNeill reported that in 1999 Time-Warner, then Paragon, served notice to the City that they wanted to upgrade the cable trunk system within the City to provide for additional cable capacity. Before they did the upgrade however,they wanted to renew the cable franchise agreement which was approaching expiration with the City. The City of Shakopee assembled the Shakopee Cable Advisory Commission for the purpose of preparing a new franchise document. The Shakopee Cable Advisory Commission is responsible for enforcing the cable franchise agreement. One of the first things the Shakopee Cable Advisory Commission did was to research and retain Adrian Herbst, who is a skilled attorney in this area of law to walk them through what needs to be done to generate a new franchise agreement. Adrian Herbst approached the podium to present and explain what a franchise agreement is. He gave an overview of what the franchise renewal is, what the responsibilities are for the City Council in this process,what the process has been for the Shakopee Cable Advisory Commission, how the priorities, preferences, and recommendations had been arrived at, and how these were incorporated into the draft agreement. There is the Minnesota Law and Federal Cable Act Law requirements that need to be included in this franchise agreement. The Shakopee Cable Advisory Commission determined to use the informal process as opposed to the formal process. If the informal process does not bring about an agreement then the formal process can be initiated. The informal process allows more flexibility than the formal process. How this process is determined will vary and must be determined on an individual community basis. This renewal process can begin three years before the current franchise renewal is up. Decisions regarding this renewal can be made any time once the process begins. The Shakopee Cable Advisory Commission determined the process necessary to establish the needs and requirements of the City of Shakopee. They gathered information about the future needs and requirements of the City of Shakopee through surveys, meetings and determining priorities and preferences, along with talks with the cable company. The City Council's responsibility in the process is to hold a public hearing when the final document is developed and to make four findings at the public hearing. These four findings establish what the procedure for the franchise renewal is all about. The four findings are: 1)has the cable company meet the service requirements and have they performed to the OFFICIAL PROCEEDINGS OF THE MARCH 16,2000 SHAKOPEE CITY COUNCIL PAGE 2 satisfaction of the community, 2)has the cable company met and performed the terms and conditions that are legally required in the franchise, 3) does the response from the cable company meet the needs now and the future needs of the city that have been identified, 4) does the cable company have the ability to perform the obligations that they committed to in the franchise agreement. The Shakopee Cable Advisory Commission felt two documents were necessary. These two documents are the Master Cable Regulatory Ordinance and the Franchise Agreement document. The Master Cable Regulatory Ordinance will have the standards and guidelines that conform to federal and state law regulatory requirements and will be finalized only at the conclusion of negotiations between the commission and the cable company. This is an enabling ordinance establishing guidelines for the granting of a franchise. This Master Cable Regulatory Ordinance is applicable to all persons serving the City as a cable operator. Incorporated within the Master Cable Regulatory Ordinance will be customer service standards as well as technical standards that will be adopted by the City. The City has the flexibility to modify these standards and requirements based upon conditions and requirements dictated by State Law and other conditions that dictate that the agreement needs changing. Procedures for enforcement and administration procedures will also be included in the Master Cable Regulatory Ordinance. The Franchise Agreement will include the current priorities and preferences along with the City's future needs. It will give the City the procedures for obtaining these future needs. This document gets more specific and detailed. It establishes the requirements for the upgrade and rebuild of the current cable system. It identifies the capacity for now and for future needs. It establishes the requirement for an institutional network. The City is requesting two separate networks. One subscriber network for the residents and an I-Net for two way communications. This item is believed to perhaps be controversial. This I-Net requirement was set aside until the end of the current agreement and now the City needs to see that this is completed;the community would like the I-Net completed The franchise agreement outlines specific customer service requirements and allows for City Council updates periodically. This document creates a mechanism to incorporate an access support plan and an access capital budget plan. These plans will allow for modernization, equipment purchases, interaction among community members, and provide a mechanism for funding. The Franchise Agreement includes procedures and requirements for administration and enforcement of the franchise. It identifies what will be required of the cable company to earn extensions to the franchise agreement. At present this is a seven year franchise agreement with the ability to add up to five more years. The next step will be to solicit a proposal from the cable company and incorporate their response into the franchise agreement, negotiate a new franchise agreement and when that is delivered then the City Council will advertise and hold a public hearing making the four findings required of them. If the four findings are acceptable to the City Council then they will adopt the new franchise agreement. Adrian Herbst stated that Mr. McNeill had asked him to say a few words regarding the ownership of Time-Warner. The ownership is in transition. AOL will become the controlling interest of the cable company in Shakopee. The law does give the City some rights in this transfer of ownership. OFFICIAL PROCEEDINGS OF THE MARCH 16,2000 SHAKOPEE CITY COUNCIL PAGE 3 The cable company filed a form 394. The 394 form starts a process to ensure an effective review and resolution of the transfer ownership. The City has 120 days to review this form. There are three things that need to take place. The change of ownership needs to be evaluated. The impact this change of ownership will have on the City needs to be determined. Also a public hearing will need to be held to determine if the change of ownership should be approved. Mr. McNeill asked if the City Council had any questions for Mr. Herbst or the Shakopee Cable Advisory Commission. Mayor Brekke questioned the servicing and programming section of the draft Franchise agreement. He was concerned with the summary where it addressed the "minimal" of what residents could access. He felt the lifeline programming as it is now is what people really needed/wanted. Mr. Herbst will address this concern in the Franchise Agreement. Mr. Sweeney wanted some language changes to the agreement. He wanted the cable drops to read "private and public secondary schools that are not home base schools." He would like the cable drop section to also read "all private and public elementary present and future schools not home based." He would like to see the Justice Center and the new Jail added to the list for cable drops. Ms. Amundson would like to see the Chamber office added to the cable drop list. Mayor Brekke thought the cable drop list was quite long. He asked Mr. Herbst if Cities ever received a monthly fee for the I-Net. Mr. Herbst responded that yes, some cities did; there are many different ways to do this. Mark McNeill said the list of cable drops came from the old list in the current agreement and the list was just added to. Mayor Brekke and Mr. Herbst dialogued on the connections for the cable and the I-Net. Bill Anderson added that once the community understood the potential of an institutional network, they became very excited. He also explained the difference between a cable drop and an institutional network. Mayor Brekke thanked Adrian Herbst and the Shakopee Cable Advisory Commission for all the work they had done on the Franchise Agreement and the Master Cable Regulatory Ordinance to be used in the negotiations with Time Warner. Mayor Brekke opened the MUSA planning discussion and the discussion on the water problems in Shakopee. The water problem can be linked to the MUSA. He invited Dave Thompson, President of Shakopee Public Utilities and Lou VanHout also from Shakopee Public Utilities to be at this meeting this evening. Mayor Brekke is concerned about the future water supply for the City and what this will mean for future growth within the City. R. Michael Leek, Community Development Director, approached the podium to report to the City Council on the issue relating to MUSA and a suggestion to deal with this issue. Mr.Leek OFFICIAL PROCEEDINGS OF THE MARCH 16,2000 SHAKOPEE CITY COUNCIL PAGE 4 presented a floating MUSA line within the City of Shakopee as one possibility to help with the planning. This issue now seems to be one of water and MUSA. The problem seems to be a regional planning problem. He gave the Council, the summary of a Builders Association, within the Twin Cities, report that talks specifically about land supply issues. They felt the policy in place now in the Metro area is outdated. Right now Met Council planning is limited to the seven metro counties, when in reality the metro area extends into 21-23 counties and over into Wisconsin. This issue takes into consideration the Jackson Township annexation. Councilor Link is concerned about MUSA extending into the Jackson Township annexation area and he wonders if this is fair to the City of Shakopee residents. He wonders if different land designations should be used for parts of the annexation areas in Jackson Township because putting MUSA in some of the areas would be extremely costly for the residents. Mr.Leek said that when the current Comp Plan was submitted to the Met Council some of the land designations were to preserve the southerly edge of Shakopee as rural residential. Mr. Leek expressed his opinion that the first policy decision to preserve the southerly edge may not be viable. As far as he was concerned the growth blueprint showing the development of MUSA area was not orderly in the southwestern part of the metro area. He stated that the Comp Plan for Prior Lake mixes high density residential, commercial, single family residential and industrial along the border of Shakopee and Prior Lake. Their Comp Plan also has a floating MUSA designation. Mr. Leek suggested a floating MUSA area based on Comp Plan policies. The City could expand the MUSA if it so desired. The City makes the decision where to expand. This floating MUSA is more demand driven and less driven by five year staging considerations. He felt there should at least be one more designation and this is a designation that utilities are not anticipated in this area any time soon. Mr. Sweeney liked Mr. Leek's suggestion of the floating MUSA line. He thought this would give the City some flexibility in the planning along with a better use of the land because of certain problems identified by Mr. Leek, and the City would not need to ask the Met Council for new MUSA all the time. Mayor Brekke thought perhaps areas in the City now should have priority for water over development areas that are not in the City at this time. Mr. Sweeney requested a feasibility study of Shakopee Public Utilities on the next City Council Agenda. The City has part of the feasibility study now but Mr. Sweeney wanted a water treatment plant utilizing water from the quarries identified as a possible water source in a feasibility study. The DNR wants a financial figure from a feasibility study. If the feasibility comes out too expensive perhaps then the DNR will listen and let the City have new wells. The water issue needs to be addressed. The future growth of the City depends on how much water can be delivered. Mr. Dave Thompson, president of Shakopee Public Utilities, approached the podium and said that the staff at Shakopee Public Utilities had been directed to conduct a feasibility study regarding the water. He felt this was a good opportunity to possibly make use of the water in the Sheily quarries; if the study comes up with a viable way to use the water in the quarries, this water could be made available for use to other communities. Other communities are having water issues also. OFFICIAL PROCEEDINGS OF THE MARCH 16,2000 SHAKOPEE CITY COUNCIL PAGE 5 If the City would like to participate in the feasibility water study, Shakopee Public Utilities would welcome that. We need to work with the DNR to provide water to our community. The wells in question are slated in the Comp Plan and we have the money, the issue is if the DNR will let us access the water. Mayor Brekke was not comfortable with asking for more MUSA until the City can come up with enough water to serve the residents that the City has now, then additional areas for growth can be looked at. Shakopee Public Utilities wanted to put in a new well to blend water with wells No. 6 & 7 because wells six and seven had a higher level of nitrates than Shakopee Public Utilities liked. The water from the new well# 10 did not have the high level of nitrates and thus, with the blending, the nitrate level would comedown. The DNR had to give approval of the new well to be accessed. This well goes down to the Mt.Simon-Hinckley aquifer which has stringent standards that need to be met. Shakopee Public Utilities said it has done what the DNR has requested. When the time came for well No. #10 to be used, the DNR came up with more conditions for Shakopee Public Utilities to meet and would not give their approval for this well to be accessed. Shakopee Public Utilities is prepared to move forward but the DNR is presenting stumbling blocks. Another well, well# 11, was given approval by the DNR for drilling for future MUSA, but there is no permit from the DNR for this well. Shakopee Public Utilities will need permission from the DNR to access this well. Mr. Leek reported that there are two AUAR's going on within the City at this time and the DNR intends to comment in both these reviews on the water availability in these areas. He also said the City does not have a study that can determine whether or not Shakopee Public Utilities current water system can serve the areas that are in MUSA today. Mr. Dave Thompson commented on this. He said Well No. 11 has no permit from the DNR because the DNR gave permission up front for well NO. 10 but when it came time for accessing that well they would not give the final permission after Shakopee Public Utilities had done all that was originally required for the well. Ms. Amundson asked about the water usage in the City. She was informed that the City is reaching its limits with the water resources now available. Mr. VanHout, Shakopee Public Utilities, said the residential demand is heavy. Without any catastrophes, like mechanical problems or the weather being drastically dry, there will be enough water to supply the residents this summer without further restrictions. Shakopee Public Utilites does have a water conservation and emergency planning document in place, so, steps to be taken in case of an emergency are in place. Mayor Brekke asked Mr. VanHout if he could make the same statement for the summer of 2001. With the wells that we have right now, Mr. VanHout was unable to make that same statement for summer of 2001. According to Mr. VanHout well No. 11 is in the capital improvement plan. There does need to be some assurances from the DNR that when this well is drilled to the specifications on the permit, Shakopee Public Utilities, will then be allowed to access the water. This well is needed OFFICIAL PROCEEDINGS OF THE MARCH 16,2000 SHAKOPEE CITY COUNCIL PAGE 6 before Mr. VanHout will say that there is enough water for the residents in the summer of 2001. This well cannot be started with the assurance that we had on well# 10;it appears that the rules changed before the well was done but after the permit was issued. We will get well# 10, we will do whatever we have to. This well was started in 1997. He also felt well No. 11 would be ready by the summer of 2001. Well No. 11 is in the Jordan aquafer and is not quite as difficult to get permission for. Mayor Brekke said the City and Shakopee Public Utilities need to proceed with the DNR. He strongly felt that there should be no new development until a decision had been reached with the DNR. He felt it would be irresponsible to allow more development if the City did not have enough water to service this new development. Sweeney/Morke moved to direct staff to have a meeting with the DNR, the City Council, Shakopee Public Utilities and Shakopee's legislators regarding the use of well# 10 and well# 11. Motion carried unanimously. Sweeney/Amundson moved to direct staff to explore in concert with the SPUC Manager, what legal steps the City could take if the meeting between staff, the City Council, the legislators for Shakopee and Shakopee Public Utilities are unsuccessful with the DNR regarding the use of well # 10 and well# 11. Motion carried unanimously. Sweeney/Link moved to direct staff to discourage final platting until the City has resolution on the water issues facing the City. Mr. R. Michael Leek said there several plats in process at this time. Mr. Morke had a problem with the wording of the motion"to discourage". Mr. Sweeney withdrew the motion. Jon Albinson of Valley Green Business Park approached the podium and thanked the Council for stepping in to help SPUC. He asked that the outlots now approved be allowed to be developed. When the MUSA was expanded, they started spending millions of dollars toward development. He thought that the City had the water. He understood the City's position and asked that the water issue be resolved quickly. Bob Ostlund of Shakopee Schools approached the podium and addressed the Council. He said the growth in the Shakopee Schools was not as high as originally anticipated this past fall, therefore, construction of a new elementary was not needed this year but construction of a new school will be needed to be timed so the new school will be ready for the 2001-2002 school year. A portion of the land where the new school is to be constructed on the east side of Shakopee is not in MUSA now. The land could be purchased now with a sizable cost savings to taxpayers but the School District would like City staff to include this small portion in the MUSA request to the Met Council to allow for the school development. OFFICIAL PROCEEDINGS OF THE MARCH 16,2000 SHAKOPEE CITY COUNCIL PAGE 7 Mayor Brekke said this request will be put on the agenda for the next Council meeting. Sweeney/Amundson moved to authorize the hiring of Terry McDonald as Receptionist at Step 1, Grade AA of the 2000 Pay Plan, effective March 17, 2000, contingent upon successful pre- employment physical and background check. Motion carried unanimously. Morke/Amundson moved to adjourn to Tuesday, March 21, 2000, at 7:00 p.m. The meeting was adjourned at 7:04 p.m. dr tkkjiik. J. 'th S. Cox ' ity Clerk Carole Hedlund Recording Secretary COYNS101-itf CITY OF SHAKOPEE Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director RE: City Bill List DATE: April 13, 2000 Introduction and Background Attached is a print out showing the division budget status for 2000 based on data entered as of 04/13/00 . Also attached is a regular council bill list for invoices processed to date for council approval . Included in the checklist but under the control of the EDA are checks for the EDA General Fund (code 0191) in the amount of $4, 589.39 . Also included in the checklist but under the control of the S.W. Metro Drug Task Force (code 9825) are checks in the amount of $32, 633 . 83 . Not included in the bill list but through payroll was payment for an unused floating holiday. The employee had resigned but on or before the final work day, realized the floater was not used. This occurred within the same week. The Personnel Policy provides for severance pay for unused sick and vacation leave. Management, after consulting with the city Attorney, considered this more of a correction of a time sheet than actual severance pay. Action Requested Move to approve the bills in the amount of $645, 958 . 11 . CITY OF SHAKOPEE EXPENSES BY DEPARTMENT 04/13/00 CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 11 MAYOR & COUNCIL 80,130 545 20,475 26 12 CITY ADMINISTRATOR 249,600 11,304 62,993 25 13 CITY CLERK 219,290 8,300 46,234 21 15 FINANCE 429,990 9,488 79,208 18 16 LEGAL COUNSEL 298,500 8,654 86,867 29 17 COMMUNITY DEVELOPMENT 574,780 14,065 119,656 21 18 GENERAL GOVERNMENT BUILDINGS 253,840 8,514 43,048 17 31 POLICE 2,173,740 ,69,202 583,991 27 32 FIRE 705,840 54,457 145,470 21 33 INSPECTION-BLDG-PLMBG-HTG 428,070 19,038 129,000 30 41 ENGINEERING 541,650 19,666 134,924 25 42 STREET MAINTENANCE 904,850 15,755 158,322 17 44 SHOP 156,240 8,743 49,890 32 46 PARK MAINTENANCE 535,430 21,023 105,304 20 91 UNALLOCATED 557,010 9,017 2,346 0 TOTAL GENERAL FUND 8,108,960 277,770 1,767,729 22 • 17 COMMUNITY DEVELOPMENT 509,990 2,745 75,815 15 TOTAL TRANSIT 509,990 2,745 75,815 15 19 EDA 247,380 6,798 21,093 9 TOTAL EDA 247,380 6,798 21,093 9 N M et a a 4 — i aaaaaa a a as a aaaaaaaaaaaaaaa aaa as a a as xxx CO HHHHHH H H HH H HHHHHHHHHHHHHHH H H H HHHHHH 000 N H H .� a W o OW o aZ 0 p N z a 0 4 Z o 0 0 000000000000000 1 0 0 0 000000000000000 MH U 0 0 0 000000000000000 N N N N N N N Cl N N N N N N N N N N H CO 01 0 H N M 01 VI U)U)U) 10 10 10 10 10 1D N N N 0 HHNNNN a a WW a a a a a a a a a a a a a a a a NNN NNNNNN ricin r7 N N N N N N H H MM H HHHHHHHHHHHHHHH N N N N N N N N N M M M Z 1010 1010 1010 a a 00 a a a a a a a a a a a a a a a a 10 10 10 10 l0 l0 10 10 LO CO CO 00 H 0 0 0 0 0 0 a a 00 a a a a a a a a a a a a a a a a 0 0 0 0 0 0 0 0 0 0 0 0 000000 4 4 NN 4 ,4g4,4r.44,g,4,4,4,g,4r4g4,g,4 000 000000 000 HHHH MH W N LI)O Lf) N(NI NNNNNNN NN NN 1010 HH ri 000000 riH ri H NNNN00N W W MM Cs MMMMMMMMMMMMM1010 NN(NI 01 01 01 01 01 01 NNN g-ra MMMMHM H H M5 H ririHHrHHHHriHHHr♦HH MMM MMMMMM M0MM PW VV VVNV N N VM N W V d nMVd1d'drV V WTPNN d'dVd' TPd'TVTPdVd' cNTMTV OM 1 1 1 1 1 1 I I II I IIIIIIIIIIIIIII III 1 1 1 1 1 1 III U HHHHNH N N HO N OOOOO H0000000 NN riCOri HHri HHH HNw U NU)LOLf Hri H H HH ri NMLnr0001riMHNV NLf)HH NNri MrsN01HLI) U)CON Iy' MNr-N01M O1 01 SN O1 HHririririMMwwTVLOCs M01 wHw 01HHHTrrH r-HM 0 0 0 0 0 0 0 O OM O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O 0 0 0 0 0 0 O O O zzzzzz HHHHHH zzzzzz HHHHHH gggggg H .1l ul HHHHHH Z 0 \\\\\\ H a U M 1:441M 0000 0000000 ili 7 Za 000000 r-] H ,'y 000x0 N U F UUUEn UUUa a u x a 41 41 M \\ \\\ \ W W W W U W 7-r U Cl) W WWW 0 W W al CO WWW UUUUUU WWW 0 zzzzzz H 4 tp 000fl00fl0Q00Q >rS+ zzz zzzzzz zzz 000000 m Pm 0 HHHHHHHHHHHHH44 000 WWWWWW 000 00000 ,~ z aaaaaaaaaaaaaaa xxx aaaaaa xxx aaaa0a a H Wo Z \\\\\\\\\\\\\ aaa wwwwww aaa WWWwHw H as o wwWWWWWwwWwwWwW www wwwwww www aaaaaa z 4 aH H wwr=.wwwwwu.wwu,w(x t aaa zzzzzz aaa al 41 0 : O B HHHHHHHHHHHHHHH HHH 000000 HHH as va w vl 0 cn fn cn up cn mcn vl Cncn En 41 r=1 wWwwwWwWWwWWwWW �nm >>a>>a>>aa>>>a HHHHHHHHHHHHHHH v)01 01 G. 00 El rE�AHr�IH.HHHHHr�HHHE-HH zzz �j �j 0 as gau:u:gaagagagau;gdaggrxgaga . 0HHH 00 rj.G.G.rz.G+G. 04 104 1:4 gg gg g4 g4 r4 g4 z Z co N v1MMvacnvlv1v1v1v1v1v]vlvlcn 4444 000000 a 000000 0 WW M HHHHHHHHHHHHHHH 000 >4>4,a14',a4y4 0q 000x)0 a 1 zzzzzzzzzzzzzzz HHH HHHHHH R aaaaaa HHHHHHHHHHHHHHH a HH Cl)V] XXXUUUUUU UUUUUU> aaaaQQQQQQQQQQQQz H 000 HHHHHH boo A 00 zzzzzzzzzzzzzzz aaa 000000 HHH 000000 4 00 w 000000000000000 www XXXXXX tatar4 PPPPPP H a s H HHHHHHHHHHHHHHH H H H W W W W W W aaaaaa I- g4 HH HHHHHHHHHHHHHHH 54XX mv)mv)vly) HHH HHHHHH W rq 4141 a'g4ara'g4g44arg464r�'arg4arrg www 000000 i2 zzzzzzzzzzzzzzz zzz aaaaaa g44g4 it •K K it « * K K ri H ri ri M 0110 00 0101 000 00 10 U)0000 CO O L-00 LI)M U)M 00 CO O O w O 0000000 M N U) El 00 0 00 00 01 10 CO 00 l0 l0 000 00 O U)105 co TrH ON 10NL-U)00000 U)H OLS 0000000 10 MM S -r-r-co Tr Tr 00 0101 OL-L- LCL- 01 o0 M ri ar 001 N Tr N dr 0010 N co t1) LAN cvH U)Lf)U)OU)00 co co en 0 VAth-o-ci}(NI U)H MM dr W OOdrN 00 10M0001riNrHNNH()N -HU)Lf) Mdrcan l- L-NNU)NLf)U) ML}r1 N N O HH CA-411- r a[)r MM ?i?LiL}L}V}U)H H H V}i?LTL}t?dr HLf M U) Lf L}L1-L1•L}+?N LI- V? .M-0- , . . . . . . . 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V} • V} V} CO N d' 10 N d' H .f'- N N l0 U1 Ul V} CO- U1 V} H V} N N CO N d' N V} N V} L? V} V} l0 V} V} 1? -- W RU w H HZ w 114 U] Z El H H w Z Z W Z Z Z FIEIA A Q�r U H 0 7 > W P4 P4 W X 3 FC w 14 0 a o o > a a > > w Z W P4 P4 P4 P� o o Cl) Hs Z Cl) A 7 H 124 H H W �l al 10X X ( A El El 4 H 3 1:4RC CO H H fz r.1 a' Z o �:4y H d' CO rn H ( P4 W X P4 Cl) Z � 4 CO 01 a O CO CO Z O O H U W q m rn m m CO H W Z 3 Cl) C7 El W H H a U H H H Cl) CO P4 H Cl) W 0 W MH V U1 Ma) o H N 01 N 0 0 0 0 LI) 0 U 0 H H H N N N CO d' Lf1 H CO U1 CO N V' 0 H H CO Cr) d' d' d' d' d' N r N N CO CO 1-1 U C.) w w w w w w w w w w w w w w w w CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Jared D. Andrews, Planner I SUBJECT: Vacation of a portion of alley and Scott Street right-of-way adjacent to Block 19, OSP APPLICANT: Stemmer Farm and Garden Supply,Inc. MEETING DATE: April 18, 2000 ATTACHMENTS: Exhibit A,Location Map Exhibit B, 3/13/00 Letter from the Public Works Director Exhibit C, Survey INTRODUCTION: At its March 21,2000 meeting the City Council set a public hearing to initiate the vacation of a portion of alley and Scott Street right-of-way adjacent to Block 19,Original Shakopee Plat. The right-of-way subject to this request has the Stemmer Farm and Garden building built over it. Staff understands that the reason for the request at this time is because the applicant wishes to sell the property and it is a financing issue with the potential buyer. DISCUSSION: Staff has worked with the applicant to come up with an alternative to serve the interests of both the City and the Applicant. The applicant has agreed to withdraw the Scott Street portion of the request if the city would agree to allow the building in the right-of-way until such time it is substantially destroyed. The City attorney has reviewed the agreement. He has stated that the agreement is basically acceptable and is working with the applicant's representative to work out the details. The applicant was not agreeable to do the same for the alley portion. They feel that the alley,if not vacated,would break the parcel into two substantially less usable parcels which would be a detriment to redevelopment opportunities in the future. PLANNING COMIVIISSION RECOMMENDATION: The Planning Commission reviewed the proposed vacation at its meeting of March 9,2000, and recommended vacation of the alley portion of the request with a condition that the City Attorney approve of the agreement for the encroachment over Scott Street. 1 ALTERNATIVES: 1. Approve Resolution No. 5346 approving the vacation of the portion of alley way adjacent to Lots 3-8, Block 19 OSP and authorize the execution of an agreement regarding the Scott Street encroachment. 2. Deny the request to vacate the subject right-of-way. 3. Table the proposed vacation to allow time to provide additional information. ACTION REQUESTED: 1. Offer and approve Resolution No. 5346. 2. Offer and approve a motion authorizing City Officials to execute an agreement regarding the encroachment over Scott Street, subject to the review of the City Attorney. )fired D. Andrews Planner I i:\commdev\cc\2000\cc0418\VACstemmer.doc 2 RESOLUTION NO. 5346 A RESOLUTION OF THE CITY OF SHAKOPEE VACATING A PORTION OF ALLEY RIGHT-OF-WAY IN BLOCK 19,OSP, CITY OF SHAKOPEE, SCOTT COUNTY,MINNESOTA WHEREAS,it has been made to appear to the Shakopee City Council that the portion of alley lying easterly of a line drawn from the southwesterly corner of Lot 8 to the northwestly corner of Lot 3, all in Block 19, Original Shakopee Plat, City of Shakopee, County of Scott, State of Minnesota, serves no public use or interest;and WHEREAS, the public hearing to consider the action to vacate was held in the Council Chambers of the City Hall in the City of Shakopee at 7:00 P.M. on the 18th day of April, 2000; and WHEREAS, two weeks published notice was given in the SHAKOPEE VALLEY NEWS; and by posting such notice on the bulletin boards on the main floor of the Scott County Courthouse, at the U.S. Post Office, at the Shakopee Public Library, and in the Shakopee City Hall; and WHEREAS, all persons desiring to be heard on the matter were given an opportunity to be heard at the public hearing in the Council Chambers in the City of Shakopee. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. That it finds and determines that the vacation hereinafter described is in the public interest; and 2. That the right-of-way over the following described property in the County of Scott, State of Minnesota, serves no further public purpose: That part of the 16 foot alley as shown in Block 19, CITY OF SHAKOPEE, Scott County, Minnesota, lying easterly of a line drawn from the southwesterly corner of Lot 8,Block 19, of said plat to the northwesterly corner of Lot 3,Block 19, of said plat 3. After the adoption of the Resolution, the City Clerk shall file certified copies hereof with the County Auditor and County Recorder of Scott County. 3 RESOLUTION NO. 5346 Page 2 of 2 Adopted in session of the City Council of the City of Shakopee, Minnesota, Held the day of , 2000. Jon P. Brekke, Mayor of the City of Shakopee ATTEST: Judith S. Cox, City Clerk PREPARED BY: City of Shakopee 129 Holmes Street South Shakopee, MN 55379 4 • EXHIBIT A 111 _.. ... 601011011 Oft ist OW 11111111• 3 ,6n ELT] GlID 00 IOU 00.pmG132 OW OED 1,411,, it ►11:1 iii 00 AO 1 _ ���.�����_ •� gra ��A�_ ► ,moi ���•__�...•- ����� ■��� ����: tritid 11111►► 1 ►1■��% �■■►� 11►_%=�-' ►111 ►■ ►►►11 ■■ 11►11 ►►►11 t$It . •a ►111■ ►. 1►11 ►1VEDEas10-13° �r►��r►1 1► �.■ ►111►11 � 111111 .. ,►/1 111OA ►u►v1 a ■ ClitOW1 11►11 10111111011116 111■■ R 1 C IS St �►►►11 ■ 111► ►11111► .11 1►►► VaRD3lailir2'I , ow C� 14 rV314\ lix,,, gio FiE E N SHAKOPEE w `�\ e COMdU t1Y PRIDE SINCE 1857 S Proposed Vacation of Right-of-Way Parcel Boundaries 0 Zoning Boundaries 03/15/00 • EXHIBIT B CITY OF SHAKOPEE Memorandum TO: 11111111111111111111ft geloo FROM: Bruce Loney, Public Works Director \ //, SUBJECT: Vacation of Right-of-Way for Scott Street And Unnamed Alley Between Scott Street and Apgar Street DATE: March 13, 2000 This memo is in regard to a vacation request from Stemmer Farm and Garden for right- of-way vacation on Scott Street and an unnamed alley between Scott Street and Apgar Street. In review of this request, it was noted that the existing building in which the vacation request is being requested for is currently extended into Scott Street right-of- way and is built over the existing alley. It appears to have been so for many years. In review of this vacation request, the Engineering Department's only comment is that vacation of existing right-of-way, due to existing buildings being located in the public right-of-way, is not a reason for vacation of those right-of-ways. There are examples of this in the City of Shakopee, namely the Laurent Building on Fuller Street and 15t Avenue and the Bob Sweeney residence on 5th Avenue and Holmes Street. To my knowledge, I do not believe the City has vacated any right-of-way to accommodate those buildings which were built in the right-of-way. It is my opinion that the vacation request should be denied to maintain the City's right-of-way in this area, to maintain continuity of the Scott Street right-of-way and also to have the potential alley right-of-way inplace if a redevelopment should occur in this area. With the location of 1st Avenue being a County road and the railroad tracks located mainly on 2nd Avenue, an alley may be necessary for future development in this area and would not be known until the area does redevelop. This concludes my comments for the staff review on the requested vacation of right-of- way. 4/1 lb/ nice Loney Public Works Dirrector BL/pmp VACATION 7 • 411111--- EXHIBIT C BOUNDARY SURVEY PREPARED FOR: VALLEY SURVEYING CO.. P.A. BILL STEMMER 16670 FRANKLIN TRAIL SE. SUITE 230 2080 SHORELINE BOULEVARD PRIOR LAKE MN. 55372 SHAKOPEE, MN. 55379 PH. (612) 447-2570 FAX (612) 447-2571 —'T� 1 f 1 • 1 i \ �f 1 \=" } 11s fx .-t 1 1 ... 1 euAdec •- .Pa 1 1 y517,N A 1 .. 1 _-179.79 1 1 g o 1 :oz 1 1 � "4 s i 1 1 1 1 P t7}4 4. .1 1 eUKO C 991519. 1 lg • 1 1 N7i1311` MK —h1F �L=152.53 A. aZ'27'02` R=38::.33- .---- 50'Mt - 1 ' :..a yq.\N:,2.7 LL£L 1 NeiE.ENCR c,.2• __\\ 1 { 1 \ 1 1 f !— 1 \ 1 - 1 ; fig 1 1 1 - 1- 1 \ 1 1 V - � , 1 - V \ :..: :1.."... 1 t 1 J 1 `1 1 1 , 1— \ -- ---,- 1 — ----- 1 i- I -.--.----'' �.......:...: PROPERTY DESCRIPTON Ac oFOVIDEE: At that port of lots 6,7 and b of Block /9. City Shakopee Cccal;.ourct Minnesota,lying southerly of the following described line. p. Commencing at the Northeast corner of said Blocl. 19; thence southerly'along the East line--therof a distance of 88.95 feet to the beginning of the line to he described; thence westerly at an angle of:944.5::' as measured from the No th totheWest a didlance�pf 180.00 feet to the-nd ofaid described line.:.. Also, All that-part of Lots 1 through , inclve. ofsaidBlock19.lyingnortherlofo line25feelnoRherlyo1asmeasured prpendlar to, the centerline bF the Soo Line Railroad Compan y;5 main track:. GRAPHIC SCALE ` I hereby certify-that this boundary t'ro Peer'1 sprue was by ' n. ft - my direct supervision and that I amme or i a duly Licensed Land Surveyor under the laws of the State of Minnesota • Denotes Iron Monument Found 0 Denotes Iron Monument set and Lictel mocked by License Na. 10183 - Minnesota License number 10183 Dated this 22nd day of December. 1998 8 Hitt , CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Final Plat of Boldt Acres MEETING DATE: April 18,2000 WATER SUPPLY NOTE: The proposed plat does not require a connection to the Shakopee Public Utilities Commission water system. INTRODUCTION: Robert M. and Clara L.Boldt have made application for final plat approval of a one-lot subdivision identified as Boldt Acres. The final plat is consistent with the preliminary plat approved on April 4, 2000 ALTERNATIVES: 1. Approve the Resolution No. 5347, approving the final plat of Boldt Acres subject to conditions; 2. Approve the proposed final plat of Boldt Acres subject to revised conditions; 3. Do not approve the final plat of Boldt Acres. 4. Table the request for additional information. ACTION REQUESTED: Offer and pass Resolution No. 5347 approving the final plat of Boldt Acres subject to conditions. /17 R. Michael Leek Community Development Director is omi ndev\cc\2000\0418\FPBoldtActes.doe 1 RESOLUTION NO. 5347 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA APPROVING THE FINAL PLAT OF BOLDT ACRES WHEREAS,Robert M. and Clara L.Boldt,property owners,have made application for final plat approval of Boldt Acres;and; WHEREAS,the subject property is legally described as follows; That part of the northern 399.00 feet of Government Lot 1, Section 19, Township 115,Range 22, Scott County,Minnesota, lying east of the west 200.00 feet. Together with that part of the north 399.00 feet of the Southeast Quarter of the Southeast Quarter of said Section 19 lying westerly of the centerline of County Road Number 17(Marschall Road) WHEREAS,the Shakopee Planning Commission opened a public hearing on this request on February 17,2000, and concluded the public hearing on March 23, 2000;and WHEREAS,all required public notices regarding the public hearing were posted and sent;and WHEREAS,the Shakopee Planning Commission has recommended approval of the preliminary plat subject to conditions;and WHEREAS,on April 4,2000 the City Council approved the preliminary plat of Boldt Acres subject to conditions; and WHEREAS,the final plat is consistent with the approved preliminary plat. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,as follows: That the final plat of Boldt Acres is approved subject to the following conditions; 1. The following procedural actions must be completed prior to the recording of the Final Plat: a) Approval of title by the City Attorney. b) Revision of the declarations page to remove the signature block for the Planning Commission Chair c) Submit preliminary information to the City's building division demonstrating the existence of at least two suitable Individual Sewage Treatment System(ISTS) sites on the lot to be platted. d) Execution of the Developers Agreement or some other agreement that shall include provisions for payment of the Trunk Storm Water Charges, as well as the review fee for the Certificate of Wetland Exemption. 2. The following conditions shall apply after the filing/recording of the Final Plat: a) Building construction,sewer and water services, fire protection and access shall be reviewed for code compliance at time of building permit application. b) Park dedication may deferred to the time of issuance of a building permit for the proposed lot,and would be at the park dedication rate in effect at the time of issuance of the building permit. c) The developer shall install all subdivision monumentation within one year from the date of recording the plat. At the end of the one-year period from recording of the Plat, the developer shall submit to the City Engineer written verification by a registered land surveyor that the required monuments have been installed throughout the plat. Monumentation may only be installed on a per lot basis at the time of building permit issuance with prior approval of the City Engineer. d) An access permit must be approved by the Scott County Highway Department before any work in the CSAH 17 right-of-way may begin. e) In the event that the subject property or adjacent property is further subdivided, the property owner shall work with Scott County to develop internal access to the property, rather than direct access from CSAH 17, and/or to dedicate any additional right-of-way that may be required for CSAH 17. Adopted in session of the City Council of the City of Shakopee,Minnesota, held the day of ,2000. Mayor of the City of Shakopee ATTEST: City Clerk CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Preliminary Plat of Boldt Acres MEETING DATE: April 4,2000 WATER SUPPLY NOTE: The proposed plat does not require a connection to the Shakopee Public Utilities Commission water system. INTRODUCTION: Robert M. and Clara L.Boldt have made application for preliminary plat approval of a one-lot subdivision identified as Boldt Acres. The final plat application for this plat has been received, and will forward at the April 1 8th Council meeting. ALTERNATIVES: 1. Approve the proposed preliminary plat of Boldt Acres subject to the following proposed conditions; a) The following procedural actions must be completed prior to the recording of the Final Plat: i) Approval of title by the City Attorney. ii) Execution of the Developers Agreement or some other agreement that shall include provisions for payment of the Trunk Storm Water Charges, as well as the review fee for the Certificate of Wetland Exemption. b) The following conditions shall apply after the filing/recording of the Final Plat: i) Building construction, sewer and water services, fire protection and access shall be reviewed for code compliance at time of building permit application. ii) Park dedication may deferred to the time of issuance of a building permit for the proposed lot, and would be at the park dedication rate in effect at the time of issuance of the building permit. iii) The developer shall install all subdivision monumentation within one year from the date of recording the plat. At the end of the one-year period from recording of the Plat, the developer shall submit to the City Engineer written verification by a registered land surveyor that the required monuments have been installed throughout the plat. Monumentation may only be installed on a per lot basis at the time of building permit issuance with prior approval of the City Engineer. iv) An access permit must be approved by the Scott County Highway Department before any work in the CSAH 17 right-of-way may begin. 2. Approve the proposed preliminary plat of Boldt Acres subject to revised conditions; 3. Do not approve the preliminary plat of Boldt Acres. 4. Table the request for additional information. PLANNING COMMISSION RECOMMENDATION: The Planning Commission reviewed the proposed preliminary plat on March 23, 2000, and unanimously recommended approval subject to the conditions outlined above. ACTION REQUESTED: Offer and pass Resolution No. 5341 approving the preliminary plat of Boldt Acres subject to conditions. R. Michael Leek Community Development Director is v\cc\2000Mawa4PPBoIacna8.aoo RESOLUTION NO. 5341 A RESOLUTION OF THE CITY OF SHAKOPEE,MINNESOTA APPROVING THE PRELIMINARY PLAT OF BOLDT ACRES WHEREAS,Robert M. and Clara L.Boldt,property owners,have made application for preliminary plat approval of Boldt Acres;and; WHEREAS,the subject property is legally described as follows; That part of the northern 399.00 feet of Government Lot 1, Section 19, Township 115,Range 22, Scott County,Minnesota; lying east of the west 200.00 feet. Together with that part of the north 399.00 feet of the Southeast Quarter of the Southeast Quarter of said Section 19 lying westerly of the centerline of County Road Number 17(Marschall Road) WHEREAS,the Shakopee Planning Commission opened a public hearing on this request on February 17, 2000, and concluded the public hearing on March 23,2000;and WHEREAS,all required public notices regarding the public hearing were posted and sent;and WHEREAS,the Shakopee Planning Commission has recommended approval subject to the conditions listed below. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,as follows: That the preliminary plat of Boldt Acres is approved subject to the following conditions; 1. The following procedural actions must be completed prior to the recording of the Final Plat: a) Approval of title by the City Attorney. b) Execution of the Developers Agreement or some other agreement that shall include provisions for payment of the Trunk Storm Water Charges, as well as the review fee for the Certificate of Wetland Exemption. 2. The following conditions shall apply after the filing/recording of the Final Plat: a) Building construction, sewer and water services, fire protection and access shall be reviewed for code compliance at time of building permit application. b) Park dedication may deferred to the time of issuance of a building permit for the proposed lot, and would be at the park dedication rate in effect at the time of issuance of the building permit. c) The developer shall install all subdivision monumentation within one year from the date of recording the plat. At the end of the one-year period from recording of the Plat, the developer shall submit to the City Engineer written verification by a registered land surveyor that the required monuments have been installed • throughout the plat. Monumentation may only be installed on a per lot basis at the time of building permit issuance with prior approval of the City Engineer. d) An access permit must be approved by the Scott County Highway Department before any work in the CSAH 17 right-of-way may begin. Adopted in session of the City Council of the City of Shakopee,Minnesota, held the day of ,2000. Mayor of the City of Shakopee ATTEST: City Clerk 'C CITY OF SHAKOPEE Memorandum TO: Shakopee Planning Commission FROM: R. Michael Leek, Community Development Director SUBJECT: Preliminary Plat of Boldt Acres MEETING DATE: March 21,2000 INTRODUCTION: Robert M. and Clara L. Boldt have made application for preliminary plat approval of a one-lot subdivision identified as Boldt Acres. CONSIDERATIONS: The Engineering department has made specific comments, a copy of which are attached to this report. The recommendations suggested by the Engineering department have been incorporated into the draft conditions of approval provided by staff. The Scott County Highway Department has also made specific comments. A copy of these comments are also attached for the Commission's information. These comments pose two issues that will need to be resolved by the time of final plat approval. These are; • How to restrict the property to access from a future City street when the property to the south develops; and • The potential need to require additional right of way for CSAH 17 in the future. Park dedication may deferred to the time of issuance of a building permit for the proposed lot, and would be at the park dedication rate in effect at the time of issuance of the building permit. Alternatives: 1. Recommend approval of the proposed preliminary plat of Boldt Acres subject to the following proposed conditions; A. The following procedural actions must be completed prior to the recording of the Final Plat: 1. Approval of title by the City Attorney. 2. Execution of the Developers Agreement or some other agreement that shall include provisions for payment of the Trunk Storm Water Charges, as well as the review fee for the Certificate of Wetland Exemption. B. The following conditions shall apply after the fling/recording of the Final Plat: 1. Building construction, sewer and water services, fire protection and access shall be reviewed for code compliance at time of building permit application. 2. Park dedication may deferred to the time of issuance of a building permit for the proposed lot, and would be at the park dedication rate in effect at the time of issuance of the building permit. 3. The developer shall install all subdivision monumentation within one year from the date of recording the plat. At the end of the one-year period from recording of the Plat, the developer shall submit to the City Engineer written verification by a registered land surveyor that the required monuments have been installed throughout the plat. Monumentation may only be installed on a per lot basis at the time of building permit issuance with prior approval of the City Engineer. 4. An access permit must be approved by the Scott County Highway Department before any work in the CSAH 17 right-of-way may begin. 2. Recommend approval of the proposed preliminary plat of Boldt Acres subject to revised conditions; 3. Do not approve the preliminary plat of Boldt Acres. 4. Table the request for additional information. Staff Recommendation: Staff recommends alternative no. 1, a recommendation of approval with conditions. Action Requested: Offer and pass a motion recommending approval of the preliminary plat of Boldt Acres subject to conditions. 7.< f R. Michael Leek Community Development Director i:\commdev\boaapc\2000\O323001PPBoldtAoiesdoc City of Shakopee Memorandum TO: Michael Leek, Community Development Director FROM: Joel Rutherford, Assistant City Engineer SUBJECT: Preliminary Plat—Boldts Acres DATE: March 10, 2000 After reviewing the application submittals, I have the following comments for the Planning Department, and for the applicant: The developer shall pay the storm water trunk charges for this development, per the City's adopted policy. For rural residential lots, the charge per lot is calculated as though it were a one- acre lot, with the balance of the charges imposed if the property is further subdivided. Using the Fee Schedule for 2000, the Storm Water Trunk Charge for the development is $3,354. The will need to obtain a certificate of exemption from the City, to insure no wetland impacts. The current review fee for this certificate is $75. Any work in the County's right-of-way will require a permit from the Scott County Highway Department. Recommendation Recommend approval of the preliminary plat, subject to the following conditions: A) Prior to recording of the Final Plat, the following action must be completed: 1. Execution of a Developers Agreement or some other agreement, which shall include provisions for payment of the Trunk Storm Water Charges, and the review fee for the Certificate of Exemption. March 13, 2000 Michael Leek City of Shakopee 129 Holmes Street Shakopee, MN 55379 Subject: Boldts Acres Preliminary Plat Dear Mr. Leek: We have reviewed the Preliminary Plat as it relates to Highway Department issues and offer the following comments or concerns: • Access to the property shall be gained via the City street system when the property to the south develops. In the meantime, only one access to CSAH 17 shall be allowed for the entire property. The access shall conform to County standards. • We expect it will become necessary to widen CSAH 17 in the future, considering future traffic volumes and the function of CSAH 17 as an arterial in the City of Shakopee. Such widening would likely require public right of way in addition to the 50' from the centerline of CSAH 17, which currently exists on the east side of this property. It should also be noted that along the property to the north of Boldts Acres (Timber Trails), over 65' is dedicated to CSAH 17 from its current centerline. Additional dedication would result in existing structures on the property falling within County right of way. In light of this potential liability, we would be willing to listen to any creative solutions which would enable the county highway facility to be expanded when deemed necessary, but in the meantime, allow the existing structures to continue to be used. • An access permit must be approved by the Highway Department before any work in the right-of-way may begin. Thank you for the opportunity to comment. Please contact me if you have any questions or need additional information. Sincerely, Brian K. Sorenson, P.E. Transportation Engineer Email: Brad Larson,County Engineer Craig Jenson,Transportation Planner c:\windows\temp\sh boldt.doc I 0:4 =g ZZ-911-6I 10 1'/t '3'S 04110 ti/L '3'S 10 Dull 1003 e ~€ g� 5 .s ___ ___ -- _ — e E "� o 7 :0t r, 5t_o 5 11.bI Vfdl1,..1I SaEca o1 JV5E P= 1-0§.11 03; I I g o sJ j:r eo1 0.0 o .3 -I �o i •°,6I I I I. .. .•. ••••• •-• ....j S..'1 ;,•.. 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I , CITY OF SHAKOPEE j G 8 ; Police Department Memorandum TO: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: Dan Hughes, Chief of Police SUBJECT: Surplus Property DATE: April 12, 2000 INTRODUCTION: Council is asked to declare certain items held by the Police Department as surplus property. BACKGROUND: The Police Department currently finds itself in possession of numerous items that have been recovered/stored over the last several years. The attached memorandum from Community Service Officer Erin Lundy, lists the items that can now be disposed of. In prior years bicycles in good repair had been taken to the Bicycle Safety Rally and put on silent auction with the proceeds going into the City's General Fund. The bikes in less than good condition were disposed of through Community Corrections. It is our plan to dispose of the bikes in a similar manner this year. The Bicycle Safety Rally is scheduled for a weekend in May 2000. The other items will be disposed of through public auction. RECOMMENDATION: Staff recommends Council declare these items held by the Police Department as surplus property for the purpose of proper disposal. ACTION REQUESTED: If the Council concurs, it should, by motion, declare these items surplus property and authorize staff to appropriately dispose of these items. DH:pm Attachment (1) City of Shakopee Memorandum To: Mark McNeil, City Administrator From: Erin Lundy, CSO Date: March 24, 2000 Re: Surplus Property/Disposal The Shakopee Police Department is currently storing old evidence and found property in the evidence room and garage loft. All items have been P P ty g � stored at the police department for more than a year, and the registered owners of the property are unknown or do not wish to reclaim their property. It is very likely that some of these items will sell in auction. I am requesting that the items listed below be declared surplus property, under City Code 2.70 s3A, and disposed of/ sold as junk. • Exercise bicycle - needs repair • Small trampoline - good shape, 3 ft x 3 ft, metal rim • Treadmill - needs repair • 8 old, multi-colored sitting chairs - colors are mustard, turquoise, orange, and a black chair w/roller wheels • A swimming pool ladder- for an above ground pool • 8 lawn ornaments/figurines- (dogs, elves, little girl/boy, etc..) • Gasoline portable heater- B 150D Master • Black, vinyl, carry-on suitcase - w/wheels and pull handle • Coleman heavy-duty, extra-large flashlight • Black, small, "Basic Editions" purse - poor shape • Ohaus "Port-O-Gram" Balance/Scale - good shape • 3 Black pocket knives...one w/leather case • Large Silver Flashlight • Tanita Corp. portable scale - small and in good shape • Silver water canister • Aspen Messaging Pager- currently not working • Metal money box • PEPSI CD carry case w/CD's included • Tool knife • Knitted pocket purse • Framed picture of sand dunes - 7x5 inch frames w/moving sand • Brown leather wallet • Small, black flashlight • 4 orange First Aide Oxygen carry cases • 1 large green slated chalk board • 2 Fingerprinting board stands • 1 Fishing tackle box, plastic....includes some fishing supplies • 1 2 lb. maximum scale • 20 7-packs of white "While you were out..." pads of paper • 1 silver handy man tool box (no trays)....in good shape • 1 broken Police Detection Radar - repair value of$350.00 • 1 red Handy Man tool box- contains tools • 2 metal cue card file drawers • 1 small humidifier • 1 SHARP SF-8300 Copy Machine- needs repair • 8 orange plastic seat chairs....1 cloth seat, roller-wheel chair • 2 plastic seat chairs (yellow/green) • 19 metal framed, black plastic seat chairs • 1 black cloth desk chair w/wheel Bicycles • Schwinn BMX Bicycle- Chrome in color • Huffy Monte Claire -Turquoise in color • Rhino BMX - Chrome in color • Robinson BMX - Chrome in color • Huffy Mountain Bike - Men's, Black/Green in color • Huffy Superia- Girls, purple in color • (3) BMA6 Certified Brown/Yellow Bicycles • Murray Legacy - Maroon/Black in color • Magna BMX - Young boys, Chrome • Huffy Hotrod - Boys, Black/Yellow in color • Gambles - Men's, Purple in color • Murray Delta- Woman's, Maroon/Black in color • Raleigh Mt. Bike - Black/Forest Green in color • Schwinn Varsity - Men's, Brown in color • Murray Twin Peaks - Men's, Black in color • Tot Bike Pinacle - Black in color • Magna Velo - Young Boy's Mountain Bike • Mountain Climber - Men's, Maroon in color • Murray - Grey in color • Magna Night Vision - Blue in color, girls bike • Huffy - Boys, Red/Black in color • Huffy- Green in color • 1 Snowboard- purple in color ` SI 8. l CoK) eA,•) CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Hiawatha Park Shelter Architect DATE: April 12, 2000 INTRODUCTION: The Council is asked to approve an agreement with David Choate Darrell, Inc. Architect, for the preparation of plans and specifications for a park shelter at Hiawatha Park. BACKGROUND: At the last City Council meeting, Mark McQuillan presented a proposal from James Forberg for the design of a park building. His fee was to be $6,000. Councilmember Link said that he might be able to find an architect who would do the same work for less cost. The Council's directive was to go with Mr. Forberg,unless Councilor Link came back with a lesser cost alternative, at which time,this would be brought back to the City Council. Councilmember Link put in a contact with David Darrell, an architect who has done eleven projects in Shakopee. Mr. Darrell says that he is able to do the same work,plus some design additions (additional floor drains, exterior overhang) for a fee of$1,500. He informed me that he is able to do this at a significantly less cost as he is semi-retired, and does not have the same overhead costs. His proposed contract is attached. I spoke with Mr. Darrell,who assures me that he will be able to provide the same p services that would have been provided under the same contract, including preparing appropriate bid documents and specifications and one or two construction inspections. Sewer and water provision would be designed by the City Engineer, and would be bid out at the same time. RECOMMENDATION: With the assurances that Mr. Darrell will provide the same architectural services for the desired building, in view of the cost differentiation I will recommend that the City enter into an agreement with David C. Darrell. ACTION REQUIRED: If the Council concurs, it should,by motion, authorize the appropriate officials to enter into an agreement with David Choate Darrell, Inc., for the provision of design services for the Hiawatha Park shelter. lAAVIAIgkatit Mark McNeill City Administrator MM:tw CC: Mark McQuillan 4-06-2000 3:05AM FROM SHAKOPEE COM CENTER 445 8172 P. 1 APR-04-00 OZ :10 PM FORBERG—ARCH i TEC:1 S 4bble.d64 r.151 JAMES FORBERG ARCHITECTS, LTD. 17675 MARKET AVENUE BELLE PLAINE, MN 56011 612.466-2234 4/4/00 — Mark Mcquillan t� +� Co�L.UC L Community Development `(\ City of Shakopee 1)\(Dr'jc. ` 1255 Fuller Street e t") Shakopee, MN 55337 Re: Shakopee Park Building Dear Mr. McQuillan, In accordance with our recent conversation regarding the scope of design services ` requested for this project, I submit the following for your review; Architectural and Engineering services will include the preparation of bidding and construction documents for a Park Building similar to the Building designed for the City of Burnsville. I will include in the Project Manual, Bidding Requirements,Conditions of the Contract,General Conditions and include any requirements you deem necessary for a publicly funded building i.e.; Prevailing Wage,Insurance requirements, Performance and Payment Bond requirements, etc. I will contact the Shakopee Building Inspections Department for a preliminary review prior to issuing for bids and meet with other public officials you designate,if necessary. The documents will assume that the site is relatively flat,the soil conditions are suitable to support the footings on natural soils,all necessary services/utilities will be brought to the building by others and the site conditions are such that there win nut be any Civil Engineering required under this proposal. • FEES: ArehiterittlId $1800 Engineering Mechanical $1400 Electrical $1400 Structural $1400 Total $6000 The firm of Palanasami and Associates is my Engineering consultant and I will send you a copy of their written proposal as soon as I receive it. If this proposal for design services is acceptable,please let me know and 1 will prepare the AIA Contract I mentioned in my letter of3/23/00. erely, _.... r//47"-fr 3 mes Forberg,4IA MEMBER AMERICAN INSTITUTE OF ARCHITECTS CONSI HUC:TIGN SPECIFICATIONS INSTITUTE Date April 12, 2000 CONTRACT At the request of the OWNER, David C. Darrell, Architect, of David Choate Darrell, Inc., agrees to prepare plans and necessary specifications for a park shelter located at Shakopee, MN for the OWNER, city of Shakopee, MN, Mark MCNeiI1 city administrator This service will be performed for the sum of$ 436(i-.-EI-- 1 "►500.00 Work shall include preliminary drawings, working drawings, and supervision. The Architect will be on call from preliminary sketch period until final completion or occupancy of the finished building by the OWNER. The OWNER shall pay the Architect $ �0-0l 1 ,5 0 .Upon completion of working drawings and specifications. The final sum of$ none shall be paid when the project is completed in the construction phase. If supervision is excluded, mark here excluded Special billing as follows: none • Mechanical drawings and specifications prepared by DCD INc Electrical drawings and specifications prepared by DCD Inc The fee above is for a fixed amount. If the project is significantly increased or decreased, a new fee will be negotiated. Owner Architect isaimitechtb David C. Darrell, President David Choate Darrell, Inc. 4812 Larkspur Lane Edina, Minnesota 55435 (612) 929-3682 FAX -( Date (2? ,77 ) 6 7 Number of pages including cover sheet TO: 7ilitk FROM: Shakopee City Hall 129 Holmes Street South Phone '7 5 2 233 - g v Shakopee, MN 55379 Fax Phone `7y5L a- - t; Phone 952-233-9300 I CC: Fax Phone 952-233-3801 REMARKS: ❑ Urgent ❑ For your review ❑ Reply ASAP ❑ Please Comment j,A' ; o' a Q Q t9�t- IS. 0 . ), CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Shakopee Public Utilities Commission(SPUC)Water Supply Analysis MEETING DATE: April 18, 2000 Introduction/Discussion: Schoell and Madson prepared the attached water supply analysis for SPUC. This information is being provided for the Council's scheduled discussion on April 18t. Since that information was provided to City staff, SPUC has been provided with a copy of the subdivision lot inventory prepared in 1999. When this inventory is updated, a copy of the update will also be provided to SPUC. One aspect of the analysis that City staff would like direction on is which of the water supply assumptions outlined by Schoell and Madson should be used in reviewing development. Which assumption is made has a direct impact on whether one concludes there is sufficient capacity for development that occurs this year. Action Requested: Provide City staff and/or SPUC with any direction it deems appropriate relative to the water supply issue generally, or development review related to the water supply issue. R. Michael Leek Community Development Director i:\commdevk62000\cc0418\watersupply.doc TO: Mark McNeill FROM: Lou Van Hout RE: Water Supply, Future Development Needs DATE: April 14, 2000 Today' s letter from Schoell and Madson on: Future Development Plans - Projected Water Needs, is forwarded for distribution to Mayor, Council, and staff; the same letter is being sent to the Utilities Commission for their approval , A draft of the letter was reviewed by the Commission on 4/3/2000, and the conclusions were endorsed at that time, In addition to the general review of water supply, the letter addresses the points noted in Mayor Brekke ' s letter of 3/21/2000 . Ken Adolf, from Schoell and Madson, will be at the April 18 Council meeting along with Commissioner Thompson and myself. Schoell & Madson , Inc. Engineering • Surveying • Planning _a_ Soil Testing • Environmental Services 10580 Wayzata Blvd., Suite 1 Minnetonka, MN 55305-1525 Office (612) 546-7601 Fax (612) 546-9065 www.schoellmadson.com April 14, 2000 City of Shakopee Public Utilities Commission do Mr. Lou Van Hout, Utilities Manager 1030 East Fourth Avenue Shakopee, MN 55379 Subject: Future Development Plans Projected Water needs Ladies and Gentlemen: The purpose of this letter is to respond to the March 21, 2000 letter from Mayor Jon Brekke and to the February 23, 2000 letter from Mr. R. Michael Leek, the Community Development Director of the City of Shakopee. These letters requested a written analysis of SPUC water system and its ability to provide water to the projected future development. A detailed description of the municipal water system and recommendations for system improvements are contained in the Comprehensive Water Plan. In this letter and analysis, we have updated the previous analysis using the most recent growth projections and water use data. This cover letter contains a summary of the analysis and addresses the specific questions in the Mayor's letter. The detailed report supporting the summary is attached. The population information used to make these predictions was given to Schoell & Madson, Inc. by Mr. Leek. He stated that the population of Shakopee was estimated by the Metropolitan Council to be 17,300 at the end of 1999. He also stated that the projected annual population growth for the next three years is estimated at the 1999 growth rate. In 1999, a total of 1,105 residential units were added to the City. The related population growth is tabulated as follows: � � Affirmative Action Equal Opportunity Employer (gieal6 SCHOELL & MADSON, INC. City of Shakopee Public Utilities Commission 2 April 14, 2000 Single Family 385 units @ 2.8 persons/unit 1,078 persons Townhome 99 units @ 2.4 persons/unit 238 persons Multi-Family Units 621 units @ 2.0 persons/unit 1,242 persons Total 1,105 units 2,258 persons Therefore the total city population is estimated to increase 2,558 in each of the next three years starting in 2000, resulting in the following population projections: 2000 - 19,858 2001 - 22,416 2002 - 24,974 The population serviced by the municipal water system is estimated at 3,000 less than the total population. SUMMARY AND CONCLUSION The adequacy of the water supply to service the estimated population growth was evaluated by comparing future water demand with current water supply capacity. Water demand was projected by using recent historic per capita use rates and population projections. The following criteria were used in the water demand projections: • Per Capita Residential use - 86 gallons per day (gpd) average • Per Capita Total use - 211 gpd average • Peak Day to Average Day Ratio - 2.3 The total per capita use consists of the 86 gpd for residential use plus 125 gpd for commercial, industrial and institutional uses. Use of this figure, therefore, provides for the water use by nonresidential development. The above criteria are high when compared to actual 1998 and 1999 water use which makes the analysis conservative. The water supply capacity is the total pumping capacity of the wells. It is standard practice in evaluating water supply to use firm capacity which is typically the capacity with the largest capacity well assumed to be out of service. The new Well No. 10 is to provide dilution water for lowering the nitrate levels of Well Nos. 6 and 7. Currently only two out of the three wells can be pumped at the same time. This is SCHOELL & MADSON, INC. Shakopee Public Utilities Commission 3 April 14, 2000 limited by the pump house capacity. Should Well Nos. 6 and 7 have nitrate levels above 10 mg/land Well No. 10 goes out of service, all three wells would be lost. This would be a more conservative definition of firm capacity. With this definition, the firm capacity is the same whether Well No. 10 is a 350-gpm FIG aquifer well or 1,000 gpm Mt. Simon aquifer well. A less conservative firm well capacity consists of Wells No. 9 and 10 both being out of service since the pumphouse serving Well Nos. 6 and 7 cannot serve No. 10 at the same time. The pumphouse will be expanded to serve all these wells simultaneously once the capacity of Well No. 10 is established. The following table compares the projected water demand with both definitions of the firm well capacity. The projections are shown through 2002. Due to rapid growth occurring in Shakopee and recent implementation of water conservation measures, accurate long-term projections are difficult. As more data is gathered over the next few years a better understanding on the effects of the conservation measures already in place will develop. At that time this information can be used to predict water usage farther into the future. The Comprehensive Water Plan, however, does include the ultimate water demand projection when the City is fully developed based on the criteria listed on the previous page. TABLE A Year Average Peak Daily Firm Well Reserve Firm Well Reserve Daily Demand Capacity - (Deficit) Capacity- (Deficit) Demand (mgd) w/o Wells Capacity w/o Wells Capacity (mgd) #9 &#10 #6, #7 & (mgd)* #10 (Mgd) 1999 2.855** 6.195** 9.101 2.906 mgd 7.632 1.437 mgd or or 2,018 gpm 998 gpm 2000 3.56 8.18 9.101 0.921 mgd 7.632 (0.548 mgd or or 640 gpm 380 gpm) 2001 4.10 9.43 9.101 (0.329 mgd 7.632 (1.798 mgd or or 225 gpm) 1,248 gpm) 2002 4.64 10.67 9.101 (1.569 mgd 7.632 (3.038 mgd or or 1,089 gpm) 2,109 gpm) *Based on both Wells#6 and#7 being pumped and Wells#9 and#10 being taken off line. **Actual data for 1999 is used SCHOELL & MADSON, INC. Shakopee Public Utilities Commission 4 April 14, 2000 Review of the above Table indicates the following: 1. The current water supply capacity is adequate for the year 2000 population projections when compared with the less conservative definition of firm well capacity. As the most recent nitrate levels in Well No. 6 ranged between 7 and 8 mg/I, which is below the 10.0 mg/I maximum level, the use of the less conservative definition is reasonable for 2000. Considerable safety factor is provided by the fact that not all of the 1,105 additional residential units projected for 2000 will be connected to the water system during the critical summer months. 2. An additional well (No. 11) is required to meet year 2001 demand. 3. At least a second additional well (No. 12) is required to meet year 2002 demand. 4. The projected year 2000 peak day of 8.18 Mgd is 32 percent higher than the actual 1999 peak day which indicates the criteria used in this analysis are relatively conservative. We believe this summary letter and attached analysis address the questions and concerns expressed by the City. We will be available to meet to review our analysis and conclusions. Very truly yours, SCHOELL & MADSON, INC. 7<444. c-a• .414 Kenneth Adolf KEA/cj SCHOELL & MADSON, INC. CITY OF SHAKOPEE WATER SUPPLY ANALYSIS April 13, 2000 BACKGROUND The previous Comprehensive Water Plans have included projections of future water demand resulting from both present and future development and offered recommendations for system improvements required to meet the demand. The pace of development in Shakopee has accelerated to the point that the projections become quickly dated. As an example, the area requested for 1998 MUSA expansion was shown as post-2010 expansion in the City's 1995 Comprehensive Plan and was, therefore, not included in previous water demand projections. WATER DEMAND PROJECTIONS The method of forecasting future water demand involves correlating past and present per capita water usage with future population projections. Information from the following sources is used in this analysis: • Population projections - City Community Development Director- Mr. Michael Leeks • Historic water demand - Previous SPUC Comprehensive Water Plan and SPUC Water Conservation and Emergency Management Plan with updated data from SPUC staff • Current water demand - SPUC staff (from water sales data) The historic water use information for 1985 to 1999 is summarized on Table 1. This shows that the residential water use for 1999 was 72 gallons per person per day (gcpd). When the nonresidential (commercial, industrial and instutional) use is included, the total use is 177 gcpd for 1999. The total per capita use is affected by the ratio of residential and nonresidential land use. A higher proportion of nonresidential development would increase the use rate and vice versa. Table 1 shows the percentage of nonresidential use has remained relatively constant since 1985. Also, high lawn sprinkling demand during drought years can significantly raise use rates as reflected in the 1987 and 1988 rates. 1998 and 1999 were years of average or above average rainfall and sprinkling demand was reduced. The average per capita use for the period 1990 to 1997 is 86 gpd residential and 211 gpd total. These rates will be used for the future water demand projections. The conservation plan estimated that the conservation efforts would reduce the residential use to 79 gcpd. Water conservation efforts were just implemented in the past two years. The per capita residential usage was 78 and 72 gpd for 1998 and 1999, respectively. 1 SCHOELL & MADSON, INC. However, we believe it is too soon to confirm this as a permanent long term reduction, and we will use the more conservative 1990-1997 average. The municipal water system must have adequate capacity to meet peak, not average, use demands. The ratio of the peak day use to average day use is defined as the peak factor, and this is a convenient method to compare the two. Table 2 shows the average day and peak day demands and the related peak factor for 1985 to 1999. Peak day demand results from lawn sprinkling so the higher peak days typically occur during drought periods. The average peak factor for 1990 through 1997 is 2.5. The odd-even address sprinkling restriction implemented this past summer is effective in reducing the peak day use because only half the water consumers can sprinkle on a given day. The 2.19 peak factor for 1998 and 2.17 factor for 1999 are significantly lower than the previous years' average and is at least, in part, the result of the sprinkling restriction. However, two years is insufficient data to establish this as a typical peak factor with sprinkling restrictions. We will use a peak factor of 2.3 for the projections in this analysis. By using the population projections and the above discussed per capita use and peak factor, the future water demand can be estimated. This is shown on Table 3. This table uses the Mr. Leek's population figures. The additional water demand for the additional population is based on the historical average rather than the data from the last two years. This is a more conservative approach. WATER SUPPLY CAPACITIES The future water demand is compared with the existing water supply capacity to determine if the capacity is adequate. Again, the water system must provide for peak, not average, demand. Water supply for peak demand must come from wells and storage. Table 5 shows the existing water storage tank capacities. For an isolated peak day, some storage can be counted on to meet demand. However, for extended periods of high demand, the water must be supplied by wells. We have assumed a lower peak factor as a result of the sprinkling restrictions. This will result in reducing the peak but extending the period of high use. For this analysis, we will assume that the projected peak demand must all come from wells. Table 4 shows the pumping capacity of the existing wells. Well No. 10 which is under construction is included. This well is currently extended to the Franconia-Ironton- Galesville (FIG) aquifer which is capable of providing about 350 gpm. SPUC is currently negotiating with the DNR to extend this well to the Mt. Simon aquifer which would provide about 1,000 gpm. 2 SCHOELL & MADSON, INC. It is standard practice to compare peak water demand with firm well capacity. This is defined as the well capacity with the largest capacity well being out of service. On this basis, SPUC's firm well capacity (without Well No. 9 and No.10) is 6,670 gpm or 9.605 million gallons per day (mgd). Please note only two of Well Nos. 6, 7 and 10 can be pumped at the same time. Therefore this number assumes that Well Nos. 6 and 7 will both be below 10mg/I nitrate level and can be pumped. Well Nos. 6 and 7 have at times had nitrate levels very near the 10 mg/I maximum allowed for drinking water. Well No. 10 has been constructed to provide dilution water to reduce the blended water nitrate level. With this situation, should Well Nos. 6 and 7 be over 10 mg/I nitrate, the loss of Well No. 10 would result in loss of all three wells. If this situation is used for determining the firm well capacity, it would be reduced to 5,300 gpm or 7.63 mgd. This definition of firm well capacity is the worst case situation which would require that the critical Well No. 10 be out of service during peak water demand and when Well Nos. 6 and 7 have high nitrate levels which would be very conservative. Table A compares the projected peak day demand with both of the two firm well capacities as defined above. This shows that additional well capacity of 0.548 mgd or 998 gpm would be required this year (2000) for the more conservative firm well capacity. For the less conservative firm well capacity (loss of one well) an additional 0.324 mgd or 225 gpm would be needed by 2001 If Well No. 10 did go out of service, it would require an estimated two weeks to repair it and place it in operation. During this time, the procedures in the Emergency Management Plan could be used to reduce water demand to available supply. Another alternative is that Well Nos. 6 and 7 would be used and alternative sources of drinking water would be provided to the City's residents. For the long term, we recommend that the more conservative firm capacity be used to provide a greater margin of error. While this would technically require an additional well to be operational by 2000, the nitrate level in Well No. 6 has decreased some so that the possibility that SPUC would lose these three wells is low this year which makes use of the less conservative firm capacity reasonable for year 2000. The water demand should be evaluated annually to confirm the assumptions made for our projections. ALTERNATIVES FOR ADDITIONAL WATER SUPPLY The three ground water sources available in Shakopee are the Jordan aquifer, the Franconia-Ironton-Galesville (FIG) aquifer and the Mt. Simon-Hinckley aquifer. These are listed from shallowest to deepest. 3 SCHOELL & MADSON, INC. The alternatives for additional wells are restricted by the rising nitrate levels in the Jordan aquifer and the DNR's restriction on the use of the Mt. Simon aquifer. The majority of the City's wells are Jordan aquifer wells and all are showing increasing nitrate levels. Additional Jordan aquifer wells can be considered only when a source of dilution water to lower nitrate levels, if necessary, is available or in the south portion of the City where the aquifer is deeper and better protected from nitrate contamination. Based on Well No. 10, the FIG aquifer cannot provide high capacity wells. Well sites require a trunk watermain connection to the distribution system. Property acquisition would be required if not on an existing well site or other public property. Considering the above, the following alternatives were previously identified for additional wells: 1. Jordan well by Pumphouse No. 9 -A well site was reserved on the hospital property and the pumphouse was designed to accommodate a second well. This site is farther south where the nitrate levels are lower. 2. Jordan well in City Park near Well No. 3 - Well No. 3 is an existing Mt. Simon which could provide dilution water for the new well if required. This would require a pumphouse expansion. 3. Jordan well near Well No. 2 - Well No. 2 is also an existing Mt. Simon well which can provide dilution water. It is already counted on to provide dilution water for Well No. 8, if and when it is required. 4. FIG well at Pumphouse No. 4 - This would be a low capacity well, but would provide dilution water for Well Nos. 4 and 5, if and when it is required. PROPOSED WATER SYSTEM IMPROVEMENTS SPUC's current Capital Improvement Plan (CIP) includes the improvements listed below along with the construction date in the CIP. A. Wells 1. Well No. 11, construction date 2000 This is proposed to be at Alternate 1 described above. A request is being made to the DNR for preliminary approval of the related Water Appropriation Permit Amendment. The planned schedule is to start 4 SCHOELL & MADSON, INC. construction this summer and to have it operational by summer 2001. 2. Well No. 12, construction date - 2001. This is preliminarily proposed to be Alternate 2 described above. 3. Well No. 13, construction date - 2002. 4. Well No. 14, construction date - 2003. B. Water Storage Tanks 1. 7.0 MG ground storage tank on County Road 18 - construction date - 2000. 2. 0.5 MG elevated storage tank in First High Elevation Service District - construction date - 2000. WATER SYSTEM IMPROVEMENTS FINANCING Shakopee Public Utility Commission's policies for financing of the improvements to the municipal water system were established in the early 1980s. The following lists the funding source for each improvement category: Water Improvement Category Funding Source Trunk Watermain and Oversizing Trunk Water Charge Water Production & Storage Facilities Water Connection Charge Lateral Watermains Lateral Water Assessment System Operation, Maintenance and Water Sales Reconstruction The trunk water and connection charges were established based on the premise that newly developing properties would fund the additional water facilities required to service the same properties. 5 70. wap G p) aw 'y) G CY O CO _ O O O CO CD O Co O O N Co CD CO u7 CD CO CD Co CO CD LL7 CD CO CC) CC) V ca 2 io0) w e .`0 a) G O CO O N CO CO O O V' 0 0 ;O a) CO CO v v CO CO M v v v v v v v v Zci V CC . d w CD y .� O. 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C@ Z C a) N N 0 0 0 0 0 O) 0 0 0 0 0 0 0 O) O) 0 Z Q H fA Q 0 0 Table 2 Average Peak Ratio Year Average Daily Peak Usage Peak Usage(mgd) (mgd) Ratio 1985 1.830 4.524 2.47 1986 1.890 4.442 2.35 1987 1.890 5.103 2.70 1988 2.443 6.030 2.47 1989 2.423 5.492 2.27 1990 1.963 4.561 2.32 1991 2.003 4.856 2.42 1992 1.981 5.377 2.71 1993 1.827 3.266 1.79 1994 2.144 4.813 2.24 1995 2.242 6.579 2.93 1996 2.498 6.712 2.69 1997 2.419 7.132 2.95 _ 1998 2.836 6.221 2.19 1999 2.855 6.195 2.17 Average Peak Ratio for 1990 through 1997=2.50 Table 3 Projected Water Demand Year Population Average Use Per Peak Ratio Estimated Served Daily Use Capita Peak Day mgd (all uses) mgd gpd 1999 14,300 2.855 211 2.17 6.195 2000 16,859 3.557 211 2.3 8.182 2001 19,418 4.097 211 2.3 9.424 2002 21,977 4.637 211 2.3 10.670 Note: 1999 data has been updated and is now actual data Table 4 Current Well Capacity Well Number Aquifer Pumping Millions of Capacity(gpm) Gallons Per day 2 Mt. Simon* 555 0.799 3 Mt. Simon* 820 1.181 4 Jordan 800 1.152 5 Jordan 925 1.332 6 Jordan 1120 1.613 7 Jordan 1100 1.584 8 Jordan 1000 1.440 9 Jordan 1200 1.728 Franconia Ironton 10** Galesville 350 0.504 Total 7870 11.333 * There is some contribution from Franconia - Ironton -Galesville ** Based on a 350 gpm Franconia- Ironton -Galesville Well TABLE 5 Tank Type Capacity(millions of gallons) 1 Standpipe 2 2 Pedestal Sphere 0.25 3 Hydropillar 1.5 ls, a , CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Vierling Drive, from CSAH 17 to Miller Street, Project No. 1999-5; and CSAH 17, from T.H. 169 St. Francis Avenue, Project No. 1999-7 DATE: April 18, 2000 INTRODUCTION: Attached is Resolution No. 5342, which accepts the bids and awards the contract for Vierling Drive, from CSAR 17 to Miller Street, Project No. 1999-5; and CSAH 17, from T.H. 169 to St. Francis Avenue, Project No. 1999-7. BACKGROUND: On February 2, 2000, Resolution No's 5320 and 5321 were adopted approving the plans and ordering the advertisement for bids on Vierling Drive from CSAH 17 to Miller Street, Project No. 1999-5; and CSAH 17, from T.H. 169 to St. Francis Avenue. These two projects are being done to accommodate traffic in commercial districts along T.H. 169 and CSAH 17 interchange. WSB & Associates, Inc. prepared the plans for both projects. The widening of Vierling Drive, including turn lanes, concrete median and bituminous trail/concrete sidewalk construction is for traffic control purposes for the commercial traffic adjacent to and nearby Vierling Drive. The City is participating in the cost of bituminous overlay and lowering of a gas main for the right turn lane on Vierling Drive to the first site entrance of Vierling Plaza. The traffic control signal at Vierling Drive and Marschall Road was installed in 1998. Vierling Drive widening improvements, east of CSAH 17, were deferred until there was more commercial development. The assessments for the widening of the roadway for turn lanes and concrete median are to be assessed 100% to the benefiting properties in commercial zoned areas, as per the City's Assessment Policy. The plans include turn lanes, concrete medians on Vierling Drive with a right turn lane on northbound CSAH 17. On July 20, 1999 City Council adopted Resolution No. 5196 approving the plans and specifications and ordering an advertisement for bids for this project. Bids were received on August 16, 1999 and rejected by City Council as the low bid received was significantly higher than estimated. The low bid received was $423,372.85. For the CSAH 17 improvement project, Resolution No. 5217 was adopted by the City Council on September 7, 1999 and was for improving CSAH 17, from T.H. 169 to St. Francis Avenue. The proposed improvements are for widening of CSAH 17 to a four lane divided roadway, with dual left turn lanes at CSAH 17 and 17th Avenue intersection with a traffic control signal at that intersection. These improvements were based on a traffic study done by WSB & Associates, Inc. for the CSAH 17 corridor, from Vierling Drive to St. Francis Avenue. The funding for the Vierling Drive Project is a combination of assessments and City Capital Improvement Funds. The funding for CSAH 17 is a combination of assessments, City Capital Improvement Funds and County Highway Funds. On April 12, 2000 sealed bids were received and publicly opened for this project. A total of four bids were received and are summarized in the attached resolution. The low bid was submitted by S.M. Hentges & Sons, Inc. of Jordan, MN in the amount of $1,365,607.27. The Engineer's estimate for this project was approximately $1,291,610.00. A further breakdown of the low bid shows the low bid for each project to be as follows: Feasibility Report Low Bid Vierling Drive $172,766.00 $ 302,408.86 CSAH 17 $890,543.00 $1,063,198.41 The low bid received for the Vierling Drive project is considerable lower than last year's bid by over $120,000.00. However, it is still $130,000.00 higher than the feasibility report. Based on the bid results and the consultant's attached recommendation, staff believes the bid received is acceptable for the project proposed. Staff has sent out letters to the property owners affected by future assessments on both projects to inform them of the increased assessment amount, and also asking for a letter confirming the higher costs and a request for the project to proceed. Any response letters from property owners will be placed on the table on April 18, 2000. The City does have a petition from the Vierling Plaza developers for the Vierling Drive project and also from the commercial property owners along CSAH 17 and north of 17th Avenue. In proceeding with this project, there are essentially two options as follows: • Award the entire contract to S.M. Hentges & Sons, Inc. • Reject all bids and have the City rebid the projects. After review of the options available, and the analysis from WSB & Associates, staff has concluded that although the bid cost is higher than the feasibility report, the bids were competitive and in fact $120,000.00 lower on Vierling Drive than the 1999 bid. The Big "K" store has opened and other commercial developments are expected along Vierling Drive, thus proceeding with the project at this time is recommended. Also, if a contract is not awarded by June 15, 2000, another public hearing is required. The Target Store in Shakopee Valley Marketplace is scheduled to open in July, 2000. Having the improvements constructed prior to the store opening would be ideal for traffic flow and safety along CSAH 17. In addition to awarding the contract to the low bidder, S.M. Hentges & Sons, Inc., City staff will need to authorize consultant engineering services to provide construction surveying and administration services as necessary for this project. Attached to this memo is an extension agreement with WSB & Associates, Inc., to perform the surveying services, inspection and administration services as needed to complete this project. If the Council awards this project, staff is also requesting that City Council authorize a contingency amount equal to 5% of the contract to cover minor change orders or quantity adjustments that may occur on the project Also, the City needs to enter into a Cooperative Agreement with the County for its participation of costs with the CSAH 17 project. A Cooperative Agreement is needed in order to receive County Highway reimbursement for their funding portion and to allow the City to construct the improvement. ALTERNATIVES: 1. Accept the low bid of $1,365,607.27 and adopt Resolution No. 5342, awarding the contract to S.M. Hentges & Sons, Inc. 2. Reject the low bid and award the bid to another bidder. 3. Reject all bids and rebid. 4. Authorize the appropriate City officials to execute an extension agreement with WSB & Associates, Inc. to provide consultant services on this project for the City of Shakopee. 5. Authorize a 5% contingency amount for use by the City Engineer in authorizing change orders or quantity adjustments on this project. 6. Authorize the appropriate City Officials to enter into a Cooperative Agreement with Scott County for the CSAH 17 improvement project. RECOMMENDATION: Staff recommends Alternative No.'s 1, 4, 5 and 6. ACTION REQUESTED: 1. Offer Resolution No. 5342, A Resolution Accepting Bids on Vierling Drive, from County State Aid Highway 17 to Miller Street, Project No. 1999-5; and County State Aid Highway 17 (Marschall Road), from Trunk Highway 169 to St. Francis Avenue, Project No. 1999-7 and move its adoption. 2. Authorize the appropriate City officials to execute an extension agreement with WSB & Associates, Inc., to provide consultant services for the City of Shakopee. 3. Authorize a 5% contingency amount for use by the City Engineer in authorizing change orders or quantity adjustments on this project. 4. Authorize the appropriate City Officials to enter into a Cooperative Agreement with Scott County for the CSAH 17 improvement project. ruce Loney Public Works irector BL/pmp MEM5342 RESOLUTION NO. 5342 A Resolution Accepting Bids For For Vierling Drive, From County State Aid Highway 17 To Miller Street, Project No. 1999-5; And County State Aid Highway 17, From Trunk Highway 169 To St Francis Avenue, Project No. 1999-7 WHEREAS, pursuant to an advertisement for bids for Vierling Drive, from County State Aid Highway 17 to Miller Street, Project No. 1999-5; and County State Aid Highway 17, from Trunk Highway 169 to St. Francis Avenue, Project No. 1999-7, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: S.M. Hentges& Sons,Inc. $1,365,607.27 Northwest Asphalt,Inc. $1,442,077.17 Hardrives,Inc. $1,468,527.74 Ingram Excavating,Inc. $1,537,602.86 AND WHEREAS, it appears that S.M. Hentges & Sons, Inc., Box 69, Jordan, MN 55352 is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. The appropriate City officials are hereby authorized and directed to enter into a contract with S.M. Hentges & Sons, Inc. in the name of the City of Shakopee for County State Aid Highway 17 to Miller Street, Project No. 1999-5; and County State Aid Highway 17, from Trunk Highway 169 to St. Francis Avenue, Project No. 1999-7, according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted in session of the City Council of the City of Shakopee, Minnesota,held this day of ,2000. Mayor of the City of Shakopee ATTEST: City Clerk APR-14-2000 08:02 WSB & ASSOCIATES INC. 7635411700 P.02/02 - B.A.Mirtelsceadt,P.E. 350 Westwood Lake Office Bret A.Wass,P.E. WSS 8441 Wayzata Boulevard Peter R Willenbring,P.E. Minneapolis, MN 55426 Donald W.Sterna,P.E. Ronald B.Bray,P.E. _ 612-541-4800 &Associates, Inc. FAX 541-1700 April 13,2000 Mr.Bruce Loney,P.E. Public Works Director/City Engineer City of Shakopee 129 Holmes Street South Shakopee,MN 55379-1376 Re: Extension Agreement to Provide Construction Surveying,Observation&Administration Services Vierling Drive-CSAH 17 to Miller Street(C.P. 1999-5) CSAH 17-TH 169 to St.Francis Avenue(C.P. 1999-7) Shakopee,MN WSB Project Nos. 1172-304, 1175-204 Dear Mr. Loney: According to our Agreement for Professional Services within the City of Shakopee and Section I-C-2 (Major Projects), this extension agreement is written to provide for construction surveying, observation, and administration services for the above-referenced projects. The surveying needs for this project will include construction staking for all project items. The construction observation needs will involve one observer provided to both projects to work in conjunction with the allocated City Inspector as requested by the City. The construction administration phase will involve completing all contract-related work,including attendance at weekly meetings, approval of all pay vouchers and change orders, and day-to-day dealings with field personnel. We are proposing to complete this work on a cost-reimbursable basis according to our fee schedule. As you are aware,construction work is somewhat variable depending on the contractor and the actual field conditions. Consequently,the engineeringcosts for the construction phase will be determined according to the actual hours necessary to complete the project; however, we have estimated a fee of approximately 4% to 8% of the construction cost. The City of Shakopee agrees to reimburse WSB for these services in accordance with Section IV of the Agreement for Professional Services. If this agreement meets with your approval,please sign below and return one copy to our office. Sincerely, WSW&Associiates,Inc.it L Bret A.Weiss,P.E. Vice President City Administrator City Clerk Mayor Date Minneapolis • St . Cloud Infrastructure Engineers Planners Fiwrwnw,17:.ra1ar3oam.»ys TOTAL P.02 A. 350 Westwood Lake Office WSB 8441 Wayzata zata Boulevard Minneapolis, MN 55426 NNN tel: 763-541-4800 ~iat..Inr, taxv 763-541-1700 Memorandum To: Bruce Loney, P.E. City of Shakopee From: Charles T. Rickart, P.E. WSB &Associates Date: April 13, 2000 Re: Vierling Drive- CSAH 17 to Miller Street(City Project No. 1999-5) CSAH 17- TH 169 to St. Francis Avenue(City Project No. 1999-7) Bid Results and Recommendations WSB Project No. 1172-200/1175-100 The bids for the Vierling Drive widening project (CSAH 17 to Miller Street, C.P. 1999-5) and CSAH 17 improvements from TH 169 to St. Francis Avenue (C.P. 1999-7)were received on Wednesday, April 12, 1999, at 10 a.m. The low bid for the combined projects was $1,365,607.27, compared to the Engineer's Opinion of Probable Cost of$1,291,610. We have reviewed the contractor's bid, estimated quantities, and feasibility reports, and have determined the following for each project: Vierling Drive- CSAH 17 to Miller Street(C.P. 1999-5) The low bid for the Vierling Drive portion of this project was $302,408. The Vierling Drive project was originally bid in the fall of 1999. Those bids came in extremely high. The low bid at that time was $423,373. By rebidding this project, a savings of$121,000 was realized. However, the bids are still higher than those estimated in the original feasibility report prepared in May of 1999. The increase in the total project cost is approximately$172,000. The reasons for the increase in costs are as follows: 1. The quantities shown in the feasibility report for grading, surfacing, and street construction were underestimated. 2. During detail design, the plans were refined to include: a. A revised signal system. b. Additional storm sewer beyond that planned. c. Removing the existing concrete sidewalk behind the curb along CSAH 17 and replacing it with a bituminous path the entire length to TH 169. d. Extending the bituminous path along Vierling Drive from the eastern Kmart driveway to the property line. Bruce Loney,P.E. City of Shakopee April 13, 2000 Page 2 The attached Vierling Drive Cost Summary shows the revised calculations for the anticipated assessable cost, including the additional amount assessed to each adjacent property owner. CSAH 17- TH 169 to St. Francis Avenue(C.P. 1999-7) The bid for the CSAH 17 portion of the project was $1,063,198.41. This is approximately $173,000 over the cost outlined in the August 1999 feasibility report. The primary reasons for the additional costs are as follows: 1. The original concept as outlined in the feasibility report was for a widening and overlay project for CSAH 17. After investigation of the project and a determination that the widening would severely impact the residents along the west side of CSAH 17, it was determined that lowering the roadway and thereby reconstructing would provide the least impact to these residents. It should be noted that if the widening and overlay project was pursued, additional costs would have been required for purchasing of right-of-way, along with the potential for a one-year delay in the project in order to acquire the right-of-way. 2. The current oil prices have significantly impacted the cost for bituminous pavement and the cost for operating equipment. We are seeing bid prices 10-15%higher as a result of the higher oil prices. The attached CSAH 17 cost summary shows the proposed new cost breakdown, as well as the anticipated assessments for the adjacent properties. Recommendation Based on the bids received for these projects and the fact that rebidding this project would not significantly change the bid prices or total value of the assessments, it is recommended that Council award the contract to the low bidder. kd 041300-bll.doc Vierling Drive- CSAH 17 to Miller Street Cost/Assessment Summary Bid Price $302,409 25%Legal/Administration/Engineering $75,602 Gas Main Lowering $30,000 Total Project Cost $408,011 City Cost 50%of Overlay $8,170 Gas Main Lowering $15,000 Total City Cost $23,170 Total Assessable Cost $384,841 Proposed Assessments Vierling Drive-CSAH 17(Marschall Road)to Miller Street Original New Assessment PID# Owner Legal Description Acreage Assessment 27-907015-1 Render/Banks Limited Section 7 T115 R22 NE 1/4 SE 17.15 $162,301.04 $287,861.07 Partnerships Property 1/4 Lying S of CL of Vierling Dr. (74.8%) 5120 Edina Industrial Blvd Ex Hwy. Edina MN 55435 27-177001-0 First National Bank of Chaska Lot 1 Block 1 Ex N 343. 12' 1.86 $17,575.38 $31,172.12 301 Chestnut Street Parkview 1'Addition (8.1%) Chaska MN 55318 27-177002-0 Dalles Properties Lot 2 Block 1 0.68 $6,509.40 $11,545.23 606 Barrington Drive Parkview 1st Addition (3.0%) Shakopee MN 55379 27-177001-1 Shakopee Valley LLC N 343. 12'of Lot 1 Block 1 1.83 $17,358.40 $30,787.28 %Central Group Co Parkview 1st Addition (8.0%) 2700 1st Street N St Cloud MN 56303 27-177018-0 Amcon Shakopee LLC Lot 1 Block 2 1.39 $13,235.78 $23,475.30 208 Hwy 13 West Parkview 1st Addition (6.1%) Burnsville MN 55337 Total 22.91 $216,980.00 $384,841.00 V ierling-cost-sum.doc CSAR 17- TH 169 to St. Francis Avenue Cost/Assessment Summary Bid Price $1,063,198 25%Legal/Administration/Engineering $265,800 $1,328,998 City Cost Path $15,606 50%Signal/Interconnect $67,070 50%Storm Sewer $55,656 25%Legal/Administration/Engineering(City Costs) $34,583 25%Legal/Administration/Engineering(County Costs) $47,627 Total City Cost $220,542 County Cost 50%Signal/Interconnect $67,070 50%Curb&Gutter(non-median) $19,200 50%Storm Sewer $55,656 Wear Course $64,680 Design Cost(signal interconnect) $5,366 Total County Cost $211,972 Total Assessed Cost Total Project Cost $1,328,998 Less City Cost $220,542 Less County Cost $211,972 Total Assessment $896,484 Proposed Ies /, _ '. �S H 17-TH 169 to:St.Fra cis Av � € a E >a W 3 Ji New :.`Coto ..itfcr-f4,,. Es € O ne _a 'a .� s .'Assess'mennt: 27-907012-0 Calvin Chadwick Sec 7,Twp 115,Rng 22,SW 1/4,SE 1/4; $194,406 $219,307 27-918001-1 13755 Crest Ave.NE Sec 18,Twp 115,Rng 22, Prior Lake,MN 55372 NW 1/4,NW 1/4,NE 1/4 27-246001-0 Eldon Greenwood Lot 1,Block 1,Weston Ponds $78,978 $88,998 1674 Marschall Rd. S. Shakopee,MN 55379 27-908039-0 Eugene F.Hauer Sec 8,Twp 115,Range 22, $140,337 $158,192 523 Timer Court SW 1/4,SW 1/4 Shakopee,MN 55379 CSAR 17-cost-sum.doc 27-918008-0 Sharon Bernhagen Sec 18,Twp 115,Range 22, $193,799 $218,738 27-918007-0 2173 Eastling Ave. N 1/2,NE 1/4,NE 1/4,NE 1/4 Shakopee,MN 55379 27-918019-0 Eileen Kerkow Sec 18,Twp 115,Range 22,NE 1/4; $0 $0 27-907040-0 605 S.Sommerville Sec 7,Twp 115,Range 22,SE 1/4 Shakopee,MN 55379 (George Schmitt) 27-194001-0 St.Francis Regional Medical Center Lots 1-7,Block 1 $169,574 $191,440 1453 St.Francis Ave. Shakopee,MN 55379 27-918011-4 Betaseed $0 $19,808 1788 Marschall Road Shakopee,MN 55379 Total $777,094 $978,695 CSAH 17-cost-sum.doc 14/18/00 09:42 FAX 12625025522 CONTINENTAL PROPERTIES (J 002/002 CONTINENTAL PROPERTIES COMPANY , INC. Pt. April 18, 2000 VIA FEDERAL EXPRESS(612/496-9667) Bruce Loney City of Shakopee 129 Holmes Street South Shakopee, MN 55379 RE: Continental 95 Fund LLC Shakopee, MN Gentlemen: On April 17, 2000, we received your letter requesting our response to the bids for the Vierling Drive Improvement Project from County State Aid Highway (CSAH) 17 to Mueller Street; and CSAH 17 from County Trunk Highway (T.H.) 169 to St. Francis Avenue. It is our belief that the scope of the work which was bid exceeds the scope of the work for which we agreed to be responsible. If you have any questions in regard to this response,please feel free to contact me. Sincerely, CONTINENTAL PROPERTIES COMPANY, INC. W. Dirk Hausmann Vice President and General Counsel WDH/ct Cc: James Thomson.City Attorney,Kennedy&Graven.Chartered,470 Pillsbury Center,Minneapolis,MN 55402 l:Iltl/r►,el e-9Slnrano-llr.dnr W133 NSS69 Executive Parkway,P.O.Box 220•Menomonee Fa1L ,WI 53052•Telephone 262.502.5500•Fax 262.502.5522 Apr 1828Oø 03:04PM FROM CJM FINANCIAL CORP TO 9524456718 P.01 DAVID B. POLACEK 4535 IDS CENTER 80 SOUTH EIGHTH STREET MINNEAPOLIS, MN 55402 phone: 612-371-0331 fax: 812-371-0077 April 18, 2000 VIA FAX Mr. Bruce Loney City of Shakopee 129 First Avenue East Shakopee, MN 55379 Re: CSAH 17 Improvement Project Dear Mr. Loney: Please be advised that Cal Chadwick, John Chadwick and myself have reviewed your letter of April 14. We remain in support of the city's efforts to improve CSAH 17 and would like to see this project proceed regardless of the increased costs. if you require further input from us, please do not hesitate to call. trul yours, I`vid B. Polacek cc: John Chadwick Cal Chadwick Dennis Klohs TOTAL P.01 4 SAP 70-617-17 City of Shakopee County of Scott CONSTRUCTION COOPERATIVE AGREEMENT THIS AGREEMENT, made and entered into this day of , 2000, by and between the City of Shakopee, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the "City " and the County of Scott, a body politic and corporate under the laws of the State of Minnesota, hereinafter referred to as the " County ". WITNESSETH: WHEREAS, the City and the County have been negotiating to bring about the improvement of CSAH 17 from 700 feet north of 17`h Avenue to 2200 feet south of 17`h Avenue as shown on the City Engineer's plans for State Aid Project 70-617-17 which improvement contemplates and includes grading, aggregate base, plant- mixed bituminous pavement, concrete Curb and gutter, storm sewer, sidewalk, landscaping, watermain, sanitary sewer and other related improvements; and WHEREAS, the above described project lies within the corporate limits of the City; and WHEREAS, the City Engineer has heretofore prepared an engineer's estimate of quantities and unit prices of material and labor for the above described project and an estimate of the total cost for contract work in the sum of One-Million-Sixty-Three-Thousand-One-Hundred-Ninety-Eight Dollars and Forty-One cents ($1,063,198.41). A copy of said estimate (marked Exhibit "A") is attached hereto and by this reference made a part hereof; and WHEREAS, it is contemplated that said work be carried out by the parties hereto under the provisions of M.S. Sec. 162.17, Subd. 1. NOW, THEREFORE, IT IS HEREBY AGREED: I The City or its agents will advertise for bids for the work and construction of the aforesaid State Aid Project No. SAP 70-617-17, receive and open bids pursuant to said advertisement and enter into a contract with the successful bidder at the unit prices specified in the bid of such bidder, according to law in such case provided for cities. The contract is in form and includes the plans and specifications prepared by the City or its agents, which said plans and specifications are by this reference made a part hereof. 1 SAP 70-617-17 City of Shakopee County of Scott II The City shall administer the contract and inspect the construction of the contract work contemplated herewith at the sole cost of the City. The County Engineer shall cooperate with the City Engineer and his staff at their request to the extent necessary. III The County shall reimburse the City for its share in the construction cost of the contract work for said project and the total final contract construction cost shall be apportioned as set forth in the Division of Cost Summary in said Exhibit "A" and "Scott County Advanced Funding Policy for Highway Projects", (marked Exhibit"B") attached hereto. It is further agreed that the Engineer's Estimate referred to in this agreement is an estimate of the construction cost for the contract work on said project and that the unit prices set forth in the contract with the successful bidder and the final quantities as measured by the Engineer shall govern in computing the total final contract construction cost for apportioning the cost of said project according to the provisions of this paragraph. IV The terms and conditions of the Cost Participation Policy of Scott County pertaining to cost and/or responsibilities may be revised or changed from time to time. Any such changes shall apply to this Agreement and shall be binding upon both parties regarding costs and/or responsibilities incurred after the effective date of the revisions to the Cost Participation Policy. Scott County shall notify the participating City of any such revisions or changes and of the effective date prior to implementation. V The cost of the items in which the County shall participate shall be based on the unit prices in the contract and the final construction quantities as determined by the Project Engineer in charge. VI The County shall, based on the contract price, reimburse the City Treasurer the County's share of the construction and engineering costs during the calendar year the project is programmed in the Scott County 5- Year Capital Improvement Program. Reimbursement will be made based on actual costs or programmed amount at the time this Agreement is executed, whichever is less. Rate of cost participation will be based upon the County's Cost Participation Policy. 2 SAP 70-617-17 City of Shakopee County of Scott VII The City Engineer shall prepare monthly progress reports as provided in the specifications. A copy of these reports shall be furnished to the County each month. VIII In the event that a dispute arises, the County and the City agree that all disputes between them arising out of or relating to this Agreement shall be submitted, upon agreement by both parties, to non-binding mediation, unless the parties mutually agree otherwise,with the cost being shared equally. IX All records kept by the City and the County with respect to this project shall be subject to examination by the representatives of each party hereto. All data collected, created, received, maintained or disseminated for any purpose by the activities of the City or County pursuant to this Contract shall be governed by Minnesota Statutes Chapter 13, as amended, and the Minnesota Rules implementing such Act now in force or hereafter adopted. X The County reserves the right not to issue any permits for a period of five (5) years after completion of the project for any service cuts in the roadway surfacing of the County Highway included in this project for any installation of underground utilities which would be considered as new work; service cuts shall be allowed for the maintenance and repair of any existing underground utilities. XI The City shall, at its own expense, remove and replace all City owned signs that are within the construction limits of this project. XII Upon completion of this project, the County, at its expense, shall place the necessary signs and the City, at its expense, shall provide the enforcement for the prohibition of on-street parking on that portion of CSAH 17_ constructed under this project. No modification of the above parking restrictions shall be made without first obtaining a resolution from the County Board of Commissioners permitting said modification. • 3 SAF 70-617-17 City of Shakopee County of Scott XIII Neither the County, its officers, agents or employees, either in their individual or official capacity, shall be responsible or liable in any manner to the City for any claim, demand, action or cause of action of any kind or character arising out of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of the hereinbefore described maintenance, restoration, repair or replacement work by the City, or arising out of the negligence of any contractor under any contract let by the City for the performance of said work; and the City agrees to defend, save and keep said County, its officers, agents and employees harmless from all claims, demands, actions or causes of action arising out of negligent performance by the City, its officers, agents or employees. XIV It is further agreed that neither the City, its officers, agents or employees, either in their individual or official capacity, shall be responsible or liable in any manner to the County for any claim, demand, action or cause of action of any kind or character arising out of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of the hereinbefore described maintenance, restoration, repair or replacement work by the County, or arising out of the negligence of any contractor under any contract let by the County for the performance of said work; and the County agrees to defend, save and keep said City, its officers, agents and employees harmless from all claims, demands, actions or causes of action arising out of negligent performance by the County, its officers, agents or employees. XV It is further agreed that each party to this agreement shall not be responsible or liable to the other or to any other person whomsoever for any claims, damages, actions, or causes of actions of any kind or character arising out of, allegedly arising out of or by reason of the performance, negligent performance or nonperformance of any work or part hereof by the other as provided herein; and each party further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising in connection with or by virtue of performance of its own work as provided herein. 4 SAP 70-617-17 City of Shakopee County of Scott XVI It is further agreed that any and all employees of the City and all other persons engaged by the City in the performance of any work or services required or provided herein to be performed by the City shall not be considered employees, agents or independent contractors of the County, and that any and all claims that may or might arise under the Worker's Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said City employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said City employees while so engaged in any of the work or services provided to be rendered herein shall be the sole responsibility of the City shall in no way be the obligation or responsibility of the County. Any and all employees of the County and all other persons engaged by the County in the performance of any work or services required or provided for herein to be performed by the County shall not be considered employees, agents or independent contractors of the City, and that any and all claims that may or might arise under the Worker's Compensation Act or the Unemployment Compensation Act of the State of Minnesota on behalf of said County employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said County employees while so engaged in any of the work or services provided to be rendered herein shall be the sole responsibility of the County and shall in no way be the obligation or responsibility of the City. XVII The provisions of M.S. 181.59 and of any applicable local ordinance relating to Civil Rights and discrimination and the affirmative action policy statement of Scott County shall be considered a part of this agreement as though fully set forth herein. 5 SAP 70-617-17 City of Shakopee County of Scott IN TESTIMONY WHEREOF, The parties hereto have caused this agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF SHAKOPEE (SEAL) By And Jon Brekke, Mayor Mark McNeill, City Administrator Date Date COUNTY OF SCOTT ATTEST: By By David Unmacht, County Administrator Dallas Bohnsack, Chair of Its County Board Date Date Upon proper execution,this agreement RECOMMEND FOR APPROVAL: will be legally valid and binding. 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O 5a a O 1 U 1 a z a H ii Ea '+ E O Ea E z 3 ° k a 2 o2E c O ;;« jn m Z Ea 1.73 ra ¢ 8 [c-: ol a 133 k�ak'�� Z a Q d m o U %''%'' y' Z .a Z ON .-.1 y F z Y >a• P O d >. m U >. '•. d t OU 1UA U F d U a :: O. co o c m "1 u ¢ u x z O ° z aa _ Ty' U ;? CYO b m O d O O aC a. 10 u. '1 3 U G c°. O 1n 9 X • :i O U) e- 4 O R e e e N R F m N N y 2 1 U F aL C Q O -4— •3..: O — U :' .40 ,- E - b b b b b V b b N h h h - N N N V i? r CO m E e e e e e wi AI en V1 h h C w U) CO -- k:. p O VI — 7 v *, r r '..q r e e r :7) N r t` m r y 0 0 ,-, ;}i O O Z N N N N N N N N N N N N C -3 2 o U U iII ;! z co 10 co co co n N. n 1� N. N. N. 1� r- r` co co CO E.x14 I L T Q SCOTT COUNTY Advanced Funding Policy Highway Projects Scott County has a 5-year Highway Construction Program that is updated yearly. The Construction Program process is to identify and prioritize highway-related projects based on need (safety, capacity, structural condition), staffing capabilities, and anticipated funding. It has been the ongoing experience of Scott County that the needs far exceed the anticipated funding. The assessment is that this situation will continue to occur well into the future. In order to help in addressing the funding shortfall, yet make timely improvements on County projects requested by the local agencies where possible, the following policy has been adopted: Projects identified in the current 5-year Highway Construction Program will be considered for advancement of the construction year provided that: • Requesting agency perform the required design, R/W acquisition, construction administration, and construction inspection unless addressed otherwise in a prior agreement between Scott County and requesting agency. • Requesting agency accepts responsibility for the costs to perform the required design, R/W acquisition and construction administration and inspection without reimbursement from Scott County. • Requesting agency enters into an agreement with Scott County for R/W reimbursement prior to the acquisition process commencing and that said reimbursement will not be made until the programmed year. Reimbursement will be made based on the Scott County approved appraisal amount or agreed upon R/W estimate or actual payment, whichever is less. • Requesting agency agrees that reimbursement by Scott County for its cost participation for roadway construction will not be made until the programmed year. Reimbursement will be made based on actual costs or programmed amount, whichever is less. Rate of participation will be based on the County's Cost Participation Policy. Scott County, in addition to the 5-year Highway Construction Program, will develop a listing of potential projects to be considered in the next 5 to 10 year time frame, without noting a specific year. Projects identified in the 5 to 10 year project list will be considered for advanced construction provided that: • Requesting agency perform the required design, R/W acquisition, construction administration, and construction inspection unless addressed otherwise in a prior agreement between Scott County and requesting agency. Advanced Funding Policy Page 2 • Requesting agency accepts responsibility for the costs to perform the required design, R/W acquisition and construction administration and inspection without reimbursement from Scott County. • Requesting agency enters into an agreement with Scott County for R/W reimbursement prior to the acquisition process commencing and that said reimbursement will be made in the future programmed year or later, if agreed to by both agencies. • Reimbursement will be made on the approved appraisal report, agreed upon R/W estimate or actual costs, whichever is less. • Requesting agency agrees that reimbursement by Scott County for its cost participation for roadway construction will be made in the future programmed year or later, as agreed to by both agencies. Reimbursement will be made based on actual costs. The requesting agency will be responsible for at least 25% of Scott County's costs above the standard rate of participation based on the County's Cost Participation Policy. • Requesting agency agrees that advanced construction of a project will not be considered in prioritizing and programming projects for the 5-year Highway Construction Program. • If Scott County approves the advanced construction request, the project will be programmed in the 5 to 10 year time frame. Projects not in the 5-year program or the 5 to 10 year list will not be considered by Scott County unless all associated project costs are funded by the requesting agency without County reimbursement. Scott County would maintain such project upon completion. Scott County reserves the right to approve/disapprove any project in the best interest of the County. policy\advfund.doc rev. 4-97 15; a z CITY OF SHAKOPEE Memorandum r TO: Mayor& City Council Mark McNeill, City Administrator FROM: Joel Rutherford, Assistant City Engineer SUBJECT: Consider Resolution No. 5348, Requesting Parking Restrictions on Marschall Road From T.H. 169 to St Francis Avenue DATE: April 18, 2000 BACKGROUND: Because the proposed improvements for Marschall Road (C.S.A.H. 17) will be utilizing State Aid Funds, and because there will not be parking available along these improvements, the City is required to submit a Resolution to the State Aid Office. The attached Resolution is for the purpose of banning parking along this route. ALTERNATIVES: 1. Move to approve Resolution No. 5348. 2. Do not approve Resolution No. 5348. 3. Table this item. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 5348, A Resolution Relating to Parking Restrictions on County State Aid Highway(Marschall Road), Project No. 1999-7 and move its adoption. Joel Rutherford Assistant City Engineer JAR/pmp MEM5348 RESOLUTION NO. 5348 A RESOLUTION RELATING TO PARKING RESTRICTIONS ON COUNTY STATE AID HIGHWAY 17 (MARSCHALL ROAD) PROJECT NO. 1999-7 S.A.P. 60-617-17 (Scott County) and 166-020-07 (City) from St. Francis Avenue to Trunk Highway 169 in the City of Shakopee,Minnesota. THIS RESOLUTION, passed this 18th day of April, 2000, by the City of Shakopee in Scott County, Minnesota. The Municipal corporation shall hereinafter be called the"City", WITNESSETH: WHEREAS, the "City" and "Scott County" have planned the improvement of CSAH 17 (Marschall Road) from St. Francis Avenue to Trunk Highway 169. WHEREAS, this improvement does not provide adequate width for parking on both sides of the street; and approval of the proposed construction as a State Aid Street project must therefore be conditioned upon certain parking restrictions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: That the "City", shall ban the parking of motor vehicles on both sides of Marschall Road(CSAH 17), from Trunk Highway 169 to St.Francis Avenue at all times. Adopted in session of the City Council of the City of Shakopee,Minnesota, held this day of , 2000. Mayor of the City of Shakopee ATTEST: City Clerk /s. D. 3 , CITY OF SHAKOPEE Memorandum r TO: Mayor& City Council Mark McNeill, City Administrator FROM: Joel Rutherford, Assistant City Engineer SUBJECT: Consider Resolution No. 5349, To Add Collector Street to State Aid System DATE: April 18, 2000 BACKGROUND: In the City's Comprehensive Transportation Plan, a future collector street has been identified approximately midway between CSAH 17 and CSAH 83 (see attached copy from the City's Comprehensive Transportation Plan). This street would connect 17th Avenue with Valley View Road, and Valley View Road with CSAH 42. The attached Resolution is for the purpose of adding this street to the City's State Aid System. A Resolution is required, per State Aid rules. ALTERNATIVES: 1. Move to approve Resolution No. 5349. 2. Do not approve Resolution No. 5349. 3. Table this item. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 5349, A Resolution Establishing Municipal State Aid Streets and move its adoption. - .e, --,./. --'-',7 Joel R erfo Assistant City Engineer JAR/pmp MEM5349 ., LAM 9 W '� i. r--�I• \ / a'i',",A al. ,;y n , {�i�, c6 i4g. Z a 11 I r�1r,.a� 1 - LIT .: �. 11 '''''F' r 71 •moi ���•`1�E ti f� 9 p gills co - , _iiirti ti...azA-,1,,,,,i,?4,3„.14...,t,,,, 4,0 , -- 7,,-:. E iT, v . - 01[A 1�- 1 tt,c,.„„,4'" .moi,,A,, ter .. ,..,,arid n tisl _ Ilie a. l Auf e Xi l� I ►_ jF ' rear �,� /i MO ill'' -"-..7 4+,'� 'L, L V '''''' - '*\ '• ± lk ' 'r-r Z 1*'' ',7( % &, J \ E a n _l_ / ill r2� � 4 l 11 v 1 arr' 'I> I f a a b ca 11 im 1 ('?.. ‘ I / /7 • ae 0 a o 1`7\ 1 1 /l A f 0 � a 6 / '.I i +v + T + aq _ 1 li,, eck,p 1 A 0 I-I 10 i ) k\ . . V f —c )(F04,...,....\ Z.4 ---�i�—ate1� EDEN PRAIRIE �� BLOOMINO'I'�N t � a ea. ', _3 RESOLUTION NO. 5349 A RESOLUTION ESTABLISHING MUNICIPAL STATE AID STREETS WHEREAS, it appears to the City Council of the City of Shakopee that the street hereinfler described should be designated a State Aid Street under the provisions of Minnesota Law. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: that the road described as follows, to-wit: Beginning at 17th Avenue approximately midway between CSAH 17 and CSAH 83 and ending at CSAH 42, approximately midway between CSAH 17 and CSAH 83. Be, and hereby is established, located and designated a Municipal State Aid Street of said City, subject to the approval of the Commissioner of Transportation of the State of Minnesota. BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of Transportation for his consideration, and that upon his approval of the designation of said road or portion thereof, that same be constructed, improved and maintained as a Municipal State Aid Street of the City of Shakopee, to be numbered and known as Municipal State Aid Street 120. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of ,2000. Mayor of the City of Shakopee ATTEST: City Clerk a 0, CITY OF SHAKOPEE Memorandum TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Scott County Parking Committee Final Recommendation DATE: April 18, 2000 INTRODUCTION: City Council directed staff to form a Parking Committee between County staff, City staff, School District staff and nearby residents. A Committee was formed and attached is the March 8, 2000 meeting minutes. This agenda item will identify the final recommendations from the Scott County Parking Committee and ask for Council approval. BACKGROUND: On April 6, 1999, a City Council memo was presented to the Council on recommendations from the Committee on the parking adjacent to the County facilities on City streets. Recommendations were as follows: 1. Recommend that the County Administrator write a letter on voluntary compliance and strongly encourage participation to utilize parking stalls on Scott County parking lots and on City streets adjacent to the campus. 2. Further monitoring of parking compliance for a period of three months to see if voluntary compliance is successful. 3. Recommend looking at a four-way stop sign traffic warrant study at the intersection of Atwood Street and 4th Avenue. 4. Recommend a 3-way stop sign study for the intersection of Fuller Street and 4th Avenue. 5. Recommend that the block of Atwood Street between 4th Avenue and 5th Avenue be considered for a pedestrian crossing in this area to improve the safety of pedestrians crossing the Scott County parking lot to the Justice Center. From this Council meeting, the Council did accept the recommendation from the Scott County Parking Committee and also recommended a follow-up meeting to determine if voluntary compliance was successful or not. The Scott County Parking Committee met on March 8, 2000 and the minutes are attached for Council review. From this meeting, the Committee has the following final recommendations: 1. Install two hour parking or local resident parking from 8:00 A.M. to 4:30 P.M., Monday through Friday on the following streets: ra. • 4th Avenue, from Sett Street to Lewis Street • 5th Avenue, from Sc©tt Street to Lewis Street • Fuller Street, from 6th Avenue to 5th Avenue and 4th Avenue to 3rd Avenue • Holmes Street, from 6th Avenue to 3rd Avenue With this request, some provisions will need to made for certain businesses such as Ballard Funeral Home and other businesses nearby these streets. In checking with the Police Chief, it would be possible to bag these signs during funerals or other special events as needed for the businesses. Otherwise, there would be no impacts to property owners. 2. The City to consider a mid-block cross walk on Atwood Street in order to facilitate the use of their parking lot to the Justice Center for pedestrians. Attached to this memo is a drawing showing the mid-block cross walk and the County has indicated a willingness to pay for the improvements necessary for this. 3. The City to consider a 4-way stop sign traffic warrant study at the intersection of 4th Avenue and Atwood Street, due to the high traffic turning movements and pedestrian travel throughout the day in this area. Recommendation 1 - Staff has included a map showing the streets around the County Campus and it is estimated that each sign with a post would cost approximately $40.00 per sign and the Public Works Department personnel could install these signs. It is estimated that 32 signs would be needed, thus the total cost of materials is $1,280.00. Recommendation 2 - City staff has reviewed this with County staff and essentially a mid-block cross walk could be allowed if signed properly and if nodes are installed so that traffic would slow down and the pedestrians would have the shortest distance to cross the street safely. Recommendation 3 — City staff did try to measure the amount of traffic at 4th Avenue and Atwood Street. However, the traffic counters did not work in this area and the information was lost. It would be a recommendation from staff that this intersection could be added to our study areas for the 2000 summer season. Also, staff would recommend that this proposal be discussed with St. Mark's staff as it may affect their traffic around the office and church. With these recommendations, staff would be looking for Council motion of approval to install the two hour parking signs on the streets mentioned and to consider the other recommendations, such as installing the mid-block cross walk and studying the intersection of 4th Avenue and Atwood Street for a possible 4-way stop sign intersection. ALTERNATIVES: Accept the following recommendations from the Scott County Parking Committee as presented: 1. Direct staff to install the two hour parking or local resident parking only on Monday through Friday, from 8:00 A.M. to 4:30 P.M., on the streets as indicated in the recommendation. 2. Direct staff to have a mid-block cross walk design prepared and an agreement prepared between Scott County and the City of Shakopee for payment of the design and construction. 3. Direct staff to proceed with an intersection traffic stop sign warrant study for the intersection of 4th Avenue and Atwood Street. 4. Table for additional information. RECOMMENDATION: Staff recommends Alternative No. 1, 2 and 3. ACTION REQUESTED: 1. Direct staff to install the two hour parking or local resident parking only on Monday through Friday, from 8:00 A.M. to 4:30 P.M., on the streets as indicated in the recommendation. 2. Direct staff to have a mid-block cross walk on Atwood Street design prepared, and an agreement prepared between Scott County and the City of Shakopee for payment of the design and construction. 3. Direct staff to proceed with an intersection traffic stop sign warrant study for the intersection of 4th Avenue and Atwood Street. g Bruce Loney Public Works •irector BL/pmp PARKING MINUTES SCOTT COUNTY PARKING COMMITTEE MARCH 8, 2000 Attendees: John Rademacher, Scott County Dan Hughes, City of Shakopee Gary Sheldon, Scott County Jan Murphy, Scott County Tom Shaunessy, Resident Mark Wermerskirchen, Resident Bruce Loney, City of Shakopee The meeting started with the approval of the agenda for this meeting and the goal of this meeting was to finalize recommendations for parking around the Scott County Courthouse facilities. Discussion centered on the monitoring of parking around Scott County Government Campus. Gary Sheldon indicated that although there was improved use of the County's parking facilities within the Government Campus, there were still some employees refusing to abide by the County's request to utilize parking areas that did not affect nearby residents. After much discussion, it was recommended that certain blocks along the campus would have two hour parking or local resident parking from 8:00 P.M. to 4:30 P.M. Monday through Friday. These streets that would have the parking restrictions would be as follows: • 4th Avenue, from Scott Street to Lewis Street • 5th Avenue, from Scott Street to Lewis Street • Fuller Street, from 6th Avenue to 5th Avenue and 4th Avenue to 3rd Avenue • Holmes Street, from 6th Avenue to 3rd Avenue With this request, some provisions may need to be provided for certain businesses affected such as the Ballard Funeral Home and businesses near Fuller Street, Holmes Street and also 3rd Avenue. Dan Hughes, Shakopee's Police Chief, will check on the possible impacts of this parking restriction to these businesses. It was also discussed as part of the final recommendations, that the County would like to have a mid block crosswalk on Atwood Street in order to facilitate use of their parking lot and pedestrian travel to their building. Also the Parking Committee felt that a four way stop sign intersection should be investigated for the intersection of 4th Avenue and Atwood Street, due to the high traffic turning movements and pedestrian travel throughout the day. With these final recommendations, the County would take action to alert their employees through a memorandum or a newsletter. If these recommendations were accepted by the City Council and acted on, the Committee felt that there would be no need to continue with this Committee and it could be disbanded. • ..__., ._ �°-I ..../ . _ _ _ .._ ,_ _ _ . , 1 •1s s3.-0-. fr \ Ep-si _ i 1 rlii.t. , n >�m JAL-• — 1.1 I itl () -_, —_, It% -- 9-4WE---=‘-- It •-j ,.o - i - =1 r i , • — - S33VdS SWIM 1= — — c YAi ,-T-.../ W I ..�`�':• 0 \ S• dS 91UItlVd > " _ L. S. S ' d v 111":" N ���tt.42:x /LW , Lam_VsN ct yta _ F. 71 /// U1 �ll l l l l l l l l l l l l l l l l l il - 277VdS 9NU171Yd 6Z pIHIlIIIlr) \ 1 i I 433V 9&1URlid it I '1s 000/11v II mmilmilimill 11 - - I, 'MEM 111MIIIIM 4111111111=1 1 N- N N l ! 4 1 a 1 I 'ls 1103S l I I 1 f ri 1 SCOTT COUNTY INTERNAL SERVICES DIVISION 200 4th AVENUE WEST AXYTT SHAKOPEE, MN 55379-1391 GARY L.SHELTON In Deputy County Administrator �y > 7 •/�I y April 11,2000 Bruce Loney,City Engineer City of Shakopee 128 South Holmes Shakopee,MN 55379 RE: Parking Dear Bruce: I would like to advise you that Scott County concurs with and supports the recommendations of the Parking Committee outlined at their March 8th meeting. Specifically,these recommendations were: Construction of a marked, mid-block crosswalk on Atwood between 4th and 5th Avenues from the County employee parking lot to the government center lot. We would request that this crossing be constructed using parallel chokers or"bump outs"to reduce the crossing area of vulnerability. The reduction in the size of the roadway has a tendency to induce drivers to slow down and brings the beginning of the crosswalk out to where a pedestrian can be seen by moving motorists. The area occupied by a choker is normally that which might otherwise be used for parking. Following your review and, assuming it meets appropriate warrants, make the intersection of 4th and Atwood a four-way stop. Re-mark the cross walks at the intersection of 4th Avenue and Holmes Street. Establish local resident or 2-hour parking only areas from 8 A.M.to 4:30 P.M. along: • The south side of 4th Avenue from Atwood to Holmes Streets. • The north side of 4th Avenue from Atwood to Lewis Streets. • The east and west sides of Holmes street from 3rd to 6th Avenues. • The south side of 5th Avenue from Atwood to Lewis Streets. • The east and west sides of Fuller Street between 3rd and 4th Avenues. • The east and west sides of Fuller Street between 6th and 7th Avenues. By working together,we have made and continue to make progress with respect to parking concerns surrounding the government center complex. These steps will further this progress. These actions should serve to: ❑ Alleviate some of the concerns raised by staff regarding safety in crossing Atwood from the employee parking lot to the Government Center complex. ❑ Further encourage staff to park in designated parking areas. CITY OF SHAKOPEE Memorandum T TO: Mayor& City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: 2000 Sidewalk/Trail/Parking Lot Improvements, Project No.'s 2000-2 and 2000-3 DATE: April 18, 2000 INTRODUCTION: Attached is Resolution No. 5350, which approves the plans and specifications and authorizes staff to advertise for bids for the 2000 Sidewalk, Trail and Parking Lot Improvements, Project No.'s 2000-2 and 2000-3. BACKGROUND: On December 7, 1999, the City Council approved a motion authorizing staff to survey and begin design for County Road (C.R.) 15 sidewalk extension, from 12th Avenue to Vierling Drive and parking lot construction off of Vierling Drive at the I.S.D. #720 athletic fields. On December 15, 1997, the City Council approved a motion authorizing survey work for a bituminous trail along C.R. 79, from 10th Avenue to Mount Street. On January 14, 2000, the City Council approved a motion authorizing design for a bituminous trail along C.R. 79, from 10th Avenue to Mound Street. Plans have been completed by City staff and the next step in the process is for Council to approve these plans and order advertisements for bids. Furthermore, staff has determined that more competitive bids will be received if the work is bid as one larger project. The projects will still be funded individually according to the funding source. The bituminous trail design along C.R. 79 is completed and ready to construct. The trail location falls within the existing right-of-way of Scott County or on I.S.D. #720 property. The City will need a Scott County Highway permit and will obtain an agreement with I.S.D. #720 to construct this improvement, and indications are that this will be forthcoming . l67 0 CITY OF SHAKOPEE � N��, Memorandum TO: Mayor & City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: 2000 Sidewalk/Trail/Parking Lot Improvements, Project No.'s 2000-2 and 2000-3 DATE: April 18, 2000 INTRODUCTION: Attached is Resolution No. 5350, which approves the plans and specifications and authorizes staff to advertise for bids for the 2000 Sidewalk, Trail and Parking Lot Improvements,Project No.'s 2000-2 and 2000-3. BACKGROUND: On December 7, 1999, the City Council approved a motion authorizing staff to survey and begin design for County Road (C.R.) 15 sidewalk extension, from 12th Avenue to Vierling Drive and parking lot construction off of Vierling Drive at the I.S.D. #720 athletic fields. On December 15, 1997, the City Council approved a motion authorizing survey work for a bituminous trail along C.R. 79, from 10th Avenue to Mount Street. On January 14, 2000, the City Council approved a motion authorizing design for a bituminous trail along C.R. 79, from 10th Avenue to Mound Street. Plans have been completed by City staff and the next step in the process is for Council to approve these plans and order advertisements for bids. Furthermore, staff has determined that more competitive bids will be received if the work is bid as one larger project. The projects will still be funded individually according to the funding source. The bituminous trail design along C.R. 79 is completed and ready to construct. The trail location falls within the existing right-of-way of Scott County or on I.S.D. #720 property. The City will need a Scott County Highway permit and will obtain an agreement with I.S.D. #720 to construct this improvement, and indications are that this will be forthcoming . The C.R. 15 sidewalk extension and parking lot construction design is completed and ready to construct. The sidewalk falls within the existing right-of-way of Scott County. The City will need a Scott County Highway permit to construct this improvement and indications are that this will be forthcoming. The parking lot requires no permits since all work will be done on I.S.D. #720 or City property. The construction costs for the bituminous trail along C.R. 79 is $70,000.00. The construction costs for the concrete sidewalk along C.R. 15 is $25,000.00. The construction costs for the parking lot along Vierling Drive is $53,000.00. The total cost of the three projects with 5% contingency and 25% Engineering/Administration is estimated to be $148,000.00. Previous estimates for these projects were $125,000.00. Funding for the sidewalk project will be from Capital Improvement Funds and funding for the bituminous trail project will be from the Park Reserve Fund. Funding for the parking lot project will be 50/50 cost share, using Capital Improvement Funds and I.S.D. #720 Funds. ALTERNATIVES: 1. Adopt Resolution No. 5350. 2. Deny Resolution No. 5350. 3. Table for additional information. RECOMMENDATION: Staff recommends Alternative No. 1, to approve plans and specifications under one project in order to proceed with this project and to construct these improvements this year. ACTION REQUESTED: Offer Resolution No. 5350, A Resolution Approving Plans and Specifications and Ordering Advertisement for Bids for the 2000 Sidewalk, Trail and Parking Lot Improvements, Project No.'s 2000-2 and 2000-3 and move its adoption. Aee a, `, Bruce Loney Public Works Director BL/pmp MEM5350 silAKopEE Shakopee School Board Superintendent: Robert J. Ostlund Anne Tuttle, Chair Director of Administrative Services: Ronald E.Ward Todd Anderson, Vice Chair Director of Business Services: PUBLIC SCHOOLS Steve Schneider, Clerk Robert N. Martin Mary Romansky,Treasurer Director of Curriculum&Instruction: District Office Kathy Busch, Director Kenneth A. Rood Jessica Geis, Director Director of Special Services: Andrew Unseth, Director Lee-Ann Sanborn February 24, 2000 ILL ` FEB 2 82000 Layne Otteson ---�� City of Shakopee ',� ?c_ 129 South Holmes Streetry Shakopee,MN 55379 Dear Layne: I am writing as a follow-up to our telephone conversation concerning the parking lot to be developed along Vierling Drive south of the senior high. The district agrees to contribute one-half of the cost of a 40 parking stall lot with a bus turn- around. We understand the total estimated cost is $52,500. We are unaware of ctivities that would impact construction activities this summer once school is out onuntil fall practices start in mid-August. Your Park and Recreation Department uses the area in the summer. I assume you have notified them. If you have any questions,please contact me at 496-5005. S' erely, tott, I Robert J e stlund Superin endent of Schools RJO/ph cc: Bob Martin,District 720 Scott McQueen,Wold Architects 505 South Holmes • Shakopee, MN 55379 ALL SCHOOLS ACCREDITED BY THE NORTH CENTRAL ASSOCIATION (952)* 496-5000 • fax: (952) 445-8446 AN EQUAL OPPORTUNITY EMPLOYER * Area code change from 612 begins Feb. 27, 2000 RESOLUTION NO. 5350 A Resolution Approving Plans And Specifications And Ordering Advertisement For Bids For 2000 Sidewalk, Trail And Parking Lot Improvements Project No.'s 2000-2 And 2000-3 WHEREAS, pursuant to a Council motion adopted by City Council on November 17, 1998, Bruce Loney, Public Works Director has prepared plans and specifications for the 2000 Sidewalk, Trail and Parking Lot Improvements by installation of bituminous trail, concrete sidewalk, parking lot, storm sewer and any appurtenant work and has presented such plans and specifications to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. Such plans and specifications, a copy of which is on file and of record in the Office of the City Engineer, are hereby approved. 2. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The Advertisement for Bids shall be published as required by law. Adopted in session of the City Council of the City of Shakopee,Minnesota, held this day of ,2000. Mayor of the City of Shakopee ATTEST: City Clerk 1.57 E CITY OF SHAKOPEE ' ' Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Ice Arena Maintenance Operator DATE: April 13,2000 INTRODUCTION: The Council is asked to authorize the advertisement of a full time position in the Community Center's ice arena. This is an unbudgeted position. BACKGROUND: Since the Community Center opened nearly five years ago,there has never been a position specifically assigned to the ice arena; however,a position had been budgeted and was approved when the facility was first ready to open. However, it was decided not to fill the position. It was able to operate,however, due to the former Facilities Director, who put in many hours more than the standard 40 hours a week in order to make certain that the arena was staffed, and maintained. In 1998, a Maintenance Worker for the Community Center(to include the ice arena)was added. However,with the resignation of the Facility Manager, staff has had to rely more and more on part-time people to be certain that the arena is staffed,especially on weekends and from 5:00 PM to 10:00 PM weekdays,the main hours for ice usage. Unfortunately, we have recently lost a couple of experienced part-time people, and there is a danger that we may not have sufficient staff in order to have some one there during the critical hours of operation. In addition, another reason that we may have been able to operate with such a skeletal staffing levels before was that the arena was new,and there were few maintenance issues to be addressed. However, given its age,more and more items are starting to break down through normal wear and tear, and additional staffing will be needed on this. As Council is aware, a Facilities and Recreation Director position is in the process of being filled(interviews will be held Tuesday,April 18th). We are looking for an individual who does have ice arena experience,but it is unlikely that we will find someone who is going to be willing to devote the number of hours needed to operate it in the manner in which it has in the past. What staff is proposing is to advertise for a full time position which could be scheduled to work weekends and evenings, and alleviate some of the problems being caused by an inability to schedule part timers during some of the critical hours. The new Facilities and Recreation Director would be an integral part of selecting the person to fill this position. However, it has become very apparent to staff that the Shakopee ice arena is unique in that it does not have a full time person otherwise assigned specifically to ice. We need to start the process to fill this. The filling of this position would allow the new Facilities and Recreation Direction position to spend more time on the administrative duties of the Community Center and recreation program as a whole. BUDGET IMPACT: At this time,we are proposing to slot the position at grade D,which has a salary range of $ 29,669 to $ 37,086 (although that will be confirmed prior to the City Council meeting). This position is not budgeted, and adding this position will add to the amount that the Community Center/Ice Arena requires from general taxation purposes. As this position would not be likely filled until June, it would mean approximately$21,200 (6.5 months salary and benefits)that ultimately might have to come from the 2000 budget at the end of the year. However,failing to fill this position may mean that some primary ice times may not be able to be rented out,which would have a negative impact on the revenues that are counted on to be generated from the ice arena. The City's ice arena has a good relationship with reputable users. We are concerned that cutting back on prime ice hours may cause those users to begin to look elsewhere for ice, and that user groups with less reliable financial resources may seek to try to schedule time here. Could this situation had been foreseen? Perhaps,but at the time that the budget was approved last year,there was no indication that the previous Facilities Manager was going to be leaving shortly after the first of the year. Existing staff has done an admirable job in filling in as an interim,but ultimately,we are going to have to provide for a full time position. RECOMMENDATION: I recommend that Council authorize advertisement of an Ice Arena Maintenance Operator position, after establishing a salary range and adopting a job description. ACTION REQUIRED: If the Council concurs, it should,by motion,take the following steps: 1. Adopt a job description for the position of Ice Arena Maintenance Operator. 2. Authorize staff to advertise to fill this position. 3. Adopt the following resolution: A RESOLUTION ADOPTING THE 2000 CITY OF SHAKOPEE PAY PLAN,BY ADDING A POSITION OF ICE ARENA MAINTENANCE OPERATOR,AT PAY GRADE I. (Resolution to be provided at Council meeting) oQ' 4AiUfl Mark McNeill City Administrator MM:tw )5 , E. 1 , REVISED RESOLUTION TITLE 4/18 CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Ice Arena Maintenance Operator DATE: April 18, 2000 INTRODUCTION: The Council is asked to authorize the advertisement of a full time position in the Community Center's ice arena. This is an unbudgeted position. BACKGROUND: Since the Community Center opened nearly five years ago,there has never been a position specifically assigned to the ice arena;however,a position had been budgeted and was approved when the facility was first ready to open. However, it was decided not to fill the position. It was able to operate,however,due to the former Facilities Director, who put in many hours more than the standard 40 hours a week in order to make certain that the arena was staffed,and maintained. In 1998,a Maintenance Worker for the Community Center(to include the ice arena)was added. However,with the resignation of the Facility Manager, staff has had to rely more and more on part-time people to be certain that the arena is staffed, especially on weekends and from 5:00 PM to 10:00 PM weekdays,the main hours for ice usage. Unfortunately, we have recently lost a couple of experienced part-time people,and there is a danger that we may not have sufficient staff in order to have some one there during the critical hours of operation. In addition, another reason that we may have been able to operate with such a skeletal staffing levels before was that the arena was new,and there were few maintenance issues to be addressed. However, given its age,more and more items are starting to break down through normal wear and tear,and additional staffing will be needed on this. As Council is aware,a Facilities and Recreation Director position is in the process of being filled(interviews will be held Tuesday,April 18th). We are looking for an individual who does have ice arena experience,but it is unlikely that we will find someone who is going to be willing to devote the number of hours needed to operate it in the manner in which it has in the past. What staff is proposing is to advertise for a full time position which could be scheduled to work weekends and evenings, and alleviate some of the problems being caused by an inability to schedule part timers during some of the critical hours. The new Facilities and Recreation Director would be an integral part of selecting the person to fill this position. However, it has become very apparent to staff that the Shakopee ice arena is unique in that it does not have a full time person otherwise assigned specifically to ice. We need to start the process to fill this. The filling of this position would allow the new Facilities and Recreation Direction position to spend more time on the administrative duties of the Community Center and recreation program as a whole. BUDGET IMPACT:` At this time, we are proposing to slot the position at grade D,which has a salary range of $ 29,669 to $ 37,086(although that will be confirmed prior to the City Council meeting). This position is not budgeted,and adding this position will add to the amount that the Community Center/Ice Arena requires from general taxation purposes. As this position would not be likely filled until June, it would mean approximately$21,200 (6.5 months salary and benefits)that ultimately might have to come from the 2000 budget at the end of the year. However,failing to fill this position may mean that some primary ice times may not be able to be rented out,which would have a negative impact on the revenues that are counted on to be generated from the ice arena. The City's ice arena has a good relationship with reputable users. We are concerned that cutting back on prime ice hours may cause those users to begin to look elsewhere for ice,and that user groups with less reliable financial resources may seek to try to schedule time here. Could this situation had been foreseen? Perhaps,but at the time that the budget was approved last year,there was no indication that the previous Facilities Manager was going to be leaving shortly after the first of the year. Existing staff has done an admirable job in filling in as an interim,but ultimately,we are going to have to provide for a full time position. RECOMMENDATION: I recommend that Council authorize advertisement of an Ice Arena Maintenance Operator position, after establishing a salary range and adopting a job description. ACTION REQUIRED: If the Council concurs,it should,by motion,take the following steps: 1. Adopt a job description for the position of Ice Arena Maintenance Operator. 2. Authorize staff to advertise to fill this position. 3. Adopt the following resolution: RESOLUTION NO. 5352 A RESOLUTION AMENDING RESOLUTION NO. 5278, WHICH ADOPTED THE 2000 PAY SCHEDULE FOR THE OFFICERS AND NON-UNION EMPLOYEES OF THE CITY OF SHAKOPEE. Mark McNeill City Administrator RESOLUTION NO. 5352 A RESOLUTION AMENDING RESOLUTION NO. 5278,WHICH ADOPTED THE 2000 PAY SCHEDULE FOR THE OFFICERS AND NON-UNION EMPLOYEES OF THE CITY OF SHAKOPEE WHEREAS, on November 16, 1999,the City Council of the City of Shakopee, Minnesota, adopted Resolution No. 5278, approving the 2000 Pay Schedule for the Officers and Non-union Employees of the City of Shakopee; and WHEREAS,to meet the growing needs of the community and provide adequate ice arena staffing within the Park and Recreation Department, it is necessary to amend the 2000 Pay Schedule by adding the new classification of Ice Arena Maintenance Operator, Grade D. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA,that the attached schedule of the 2000 Pay Plan for Officers and Non-union Employees is hereby amended by adding the classification of Ice Arena Maintenance Operator, Grade D. Adopted in session of the City of Shakopee,Minnesota,held this day of , 2000. Mayor of the City of Shakopee ATTEST: City Clerk CITY OF SHAKOPEE 2000 Pay Plan Step Step Step Step Step Step Step Market Title Grade 1 2 3 4 5 6 7 8 Adjust City Administrator Q $69,069 $71,535 $74,002 $76,468 $78,935 $81,401 $83,868 $86,335 Unused P $64,878 $67,195 $69,511 $71,828 $74,145 $76,462 $78,779 $81,096 Police Chief 0 $60,686 $62,853 $65,020 $67,188 $69,355 $71,522 $73,689 $75,856 PWDir/Eng. 0 $60,686 $62,853 $65,020 $67,188 $69,355 $71,522 $73,689 $75,856 Com.Dev.Dir. N $56,988 $59,023 $61,058 $63,093 $65,128 $67,163 $69,199 $71,234 Finance Director N $56,988 $59,023 $61,058 $63,093 $65,128 $67,163 $69,199 $71,234 Natural Resources Director M $53,290 $55,193 $57,096 $58,999 $60,902 $62,805 $64,708 $66,611 City Engineer(not used) L $50,059 $51,847 $53,635 $55,423 $57,210 $58,998 $60,786 $62,574 Deputy Chief L $50,059 $51,847 $53,635 $55,423 $57,210 $58,998 $60,786 $62,574 $ 64,301 Facility&Recreation Dir L $50,059 $51,847 $53,635 $55,423 $57,210 $58,998 $60,786 $62,574 Assistant City Eng K $46,829 $48,502 $50,174 $51,846 $53,519 $55,191 $56,864 $58,536 EDA Coordinator J $43,970 $45,540 $47,111 $48,681 $50,251 $51,821 $53,392 $54,962 Assistant Finance Director J $43,970 $45,540 $47,111 $48,681 $50,251 $51,821 $53,392 $54,962 PW Supervisor I $41,110 $42,578 $44,046 $45,514 $46,982 $48,450 $49,919 $51,387 Project Coordinator I $41,110 $42,578 $44,046 $45,514 $46,982 $48,450 $49,919 $51,387 Building Official I $41,110 $42,578 $44,046 $45,514 $46,982 $48,450 $49,919 $51,387 Accountant III I $41,110 $42,578 $44,046 $45,514 $46,982 $48,450 $49,919 $51,387 Planner ll I $41,110 $42,578 $44,046 $45,514 $46,982 $48,450 $49,919 $51,387 City Clerk I $41,110 $42,578 $44,046 $45,514 $46,982 $48,450 $49,919 $51,387 Bldg Inspector H $38,595 $39,973 $41,352 $42,730 $44,108 $45,487 $46,865 $48,243 Fire Inspector H $38,595 $39,973 $41,352 $42,730 $44,108 $45,487 $46,865 $48,243 Eng Tech IV H $38,595 $39,973 $41,352 $42,730 $44,108 $45,487 $46,865 $48,243 Recreation Supervisor Il H $38,595 $39,973 $41,352 $42,730 $44,108 $45,487 $46,865 $48,243 Payroll Benefits Coord G $36,080 $37,369 $38,657 $39,946 $41,234 $42,523 $43,811 $45,100 PlannerI G $36,080 $37,369 $38,657 $39,946 $41,234 $42,523 $43,811 $45,100 Eng Tech III G $36,080 $37,369 $38,657 $39,946 $41,234 $42,523 $43,811 $45,100 Management Assistant F $33,837 $35,046 $36,254 $37,462 $38,671 $39,879 $41,088 $42,296 Executive Secretary E $31,593 $32,722 $33,850 $34,978 $36,106 $37,235 $38,363 $39,491 Recreation Supervisor I E $31,593 $32,722 $33,850 $34,978 $36,106 $37,235 $38,363 $39,491 Eng Tech II E $31,593 $32,722 $33,850 $34,978 $36,106 $37,235 $38,363 $39,491 Planning Tech D $29,670 $30,730 $31,789 $32,849 $33,908 $34,968 $36,028 $37,087 Ice Arena Maint.Operator D $29,670 $30,730 $31,789 $32,849 $33,908 $34,968 $36,028 $37,087 Secretary D $29,670 $30,730 $31,789 $32,849 $33,908 $34,968 $36,028 $37,087 Accounting Clerk C $27,747 $28,738 $29,729 $30,720 $31,710 $32,701 $33,692 $34,683 Police Records Tech C $27,747 $28,738 $29,729 $30,720 $31,710 $32,701 $33,692 $34,683 Clerk Typist II C $27,747 $28,738 $29,729 $30,720 $31,710 $32,701 $33,692 $34,683 Office Service Wkr B $26,021 $26,951 $27,880 $28,809 $29,739 $30,668 $31,597 $32,526 Community Sery Officer A $24,295 $25,163 $26,030 $26,898 $27,766 $28,633 $29,501 $30,369 Customer Sery Rep A $24,295 $25,163 $26,030 $26,898 $27,766 $28,633 $29,501 $30,369 Facility Maint Wkr A $24,295 $25,163 $26,030 $26,898 $27,766 $28,633 $29,501 $30,369 Bldg Maintenance Wkr A $24,295 $25,163 $26,030 $26,898 $27,766 $28,633 $29,501 $30,369 Receptionist AA $22,481 $23,283 $24,086 $24,889 $25,692 $26,495 $27,298 $28,100 • Amended 4/18/00 Job Description Job Title: Ice Arena Maintenance Operator Division: Parks&Recreation Department: Location: Community Center Shift: Flexible schedule, including nights and weekends. Reports To: Facilities&Recreation director FLSA Status: Nonexempt Prepared By: Prepared Date: 04/00 Approved By: Approved Date: Salary Level: Grade D SUMMARY Under the supervision of the Facility and Recreation Director,this position is responsible for work involving construction,maintenance and repair of the Shakopee Ice Arena, including the ice sheet,refrigeration system,surrounding grounds,etc. ESSENTIAL DUTIES AND RESPONSIBILITIES include the following. Other duties may be assigned. Oversee as well as perform the physical operations as a working supervisor during evenings and on weekends. Operate and repair ice resurfacer and various other type of hand operated equipment. Control flow of money during scheduled hours. Handle services for general public, such as sharpening skates,sales,registration and information. Maintain ice sheet in usable condition at all times. Direct and perform janitorial cleaning whenever need to maintain the arena in respectable condition. Assist in the training and supervision of arena rink attendants. Assist in daily crowd control;and during large paid spectator events. Responsible for mechanical readings and minor repairs to compressors. Follow established safety practices and procedures. Perform and accept other duties and responsibilities as assigned by the Facility and Recreation Director. Page 1 QUALIFICATIONS To perform this job successfully,an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill,and/or ability required.Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. EDUCATION and/or EXPERIENCE This full-time position requires a high school diploma or general education degree(GED); a two year degree in ice arena or facility management,recreation of related field preferred. Two years related experience in an ice arena operation is desired. Requires the knowledge of ice arena operation methods and procedures,refrigeration systems used in ice arenas,and the ability to perform routine facility maintenance activities.Knowledge of small engine repair desirable. LANGUAGE SKILLS Ability to read and interpret documents such as safety rules,operating and maintenance instructions,and procedure manuals.Ability to write routine reports and correspondence.Ability to speak effectively before groups of customers or employees of organization. REASONING ABILITY Ability to apply commonsense understanding to carry out instructions furnished in written,oral, or diagram form.Ability to deal with problems involving several concrete variables in standardized situations. CERTIFICATES,LICENSES,REGISTRATIONS Possession of Class C Boilers License(low)or the ability to obtain one within one year is preferred.Employee must possess valid Class D Drivers License. OTHER SKILLS AND ABILITIES Ability to work weekends,evenings and irregular hours,outside of regularly assigned shift, in order to fully respond to the maintenance and scheduling needs of the facility. Ability to work industriously without constant supervision.Ability to work cooperatively and establish good relations with co-workers and the public.Ability to perform moderately strenuous manual labor for extended periods of time. Ability to operate,repair and maintain equipment in a safe and efficient manner. Ability to ensure that preventative maintenance schedules are directed followed consistently,and when possible,problem areas anticipated and repairs made prior to peak ice usage periods.Ability to communicate effectively verbally and in writing. Ability to count and record money. Ability to read equipment gauges. PHYSICAL DEMANDS The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. 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 stand;walk;use hands to finger,handle,or feel objects,tools,or controls;reach with hands and arms;and talk and hear.The employee frequently is required to climb or balance and stoop,kneel,crouch,or crawl. The employee must frequently lift and/or move up to 50 pounds. Specific vision abilities required by this job include close vision,distance vision,color vision,peripheral vision,depth perception,and the ability to adjust focus. Page 2 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 frequently works near moving mechanical parts. The employee occasionally works in outside weather conditions and is occasionally exposed to toxic or caustic chemicals and risk of electrical shock.The noise level in the work environment is usually loud. Page 3 lsF, I8 CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Workshop Meetings DATE: April 12,2000 INTRODUCTION: The Council is asked to consider a workshop meeting to accommodate two items: a joint meeting with the SPUC Board of Commissioners to discuss water issues, and a workshop with the Murphy's Landing Board of Directors to discuss the proposal of the Outdoor Heritage Education Center for a building to be constructed on Murphy's Landing (City) property. BACKGROUND: SPUC Joint Meeting—The Council has previously directed staff to set up a meeting with SPUC and City staff,DNR,Metropolitan Council, and legislators. We have been in contact with staff and the Met Council and DNR;they will make themselves available whenever a time is set. However, legislators were not going to be available until after the session ends on April 21st In speaking with SPUC Commission Chair David Thompson,he suggests a joint meeting between the SPUC Commissioners and City Councilors would be appropriate to deal with policy issues. We agreed that this would make some sense, and is something that should be done on a regular basis,regardless of the water supply issues. Note that Mr. VanHout and the SPUC consultants are appearing elsewhere on the April 18th agenda to talk about water specifically. We have not yet scheduled a comprehensive meeting with the DNR, Met Council, and legislators, and won't until after the April 18th Council meeting. Murphy's Landing Board of Directors - Council is aware that the Murphy's Landing Board has been considering a proposal brought forth by Mark LaBarbera of the Outdoor Heritage Education Center(OHEC),concerning the construction of a museum/education center that would be funded and operated by OHEC on the Murphy's Landing eastern end. Murphy's Landing Board in November voted to proceed with this, with several caveats, all of which have been met by OHEC. However,there still remains an resolved issue as to whether allowing a third party to construct on land which is leased by Murphy's Landing from the City, is a good idea. It has been suggested that Mr. LaBarbera provide a lease(through an attorney doing volunteer work for OHEC),that could act as a discussion item for a joint meeting between the City Council and Murphy's Land Board of Directors. Before any further work proceeds on this,there needs to be a commitment from both the Council and Board that this is a concept with which both are comfortable. If they are, and the lease is acceptable (this would be reviewed by the City Attorney prior to being presented to both groups),much other work would need to be done. Specifically, a survey of the area requested by OHEC would be needed, as well as an environmental review. We want to be certain that there are no issues from a previous dump in the area that would need to be addressed. RECOMMENDATION: Attached is a calendar for April and May. The Council should identify one, or two dates for workshop meetings, if they so desire. It is possible that both issues could be held on one night, if that is the desire of Council. Both SPUC Commissioners and the Board of Directors at Murphy's Landing are available Monday, May 15th at 5:00 p.m. ACTION REQUIRED: The Council should identify dates for meetings in joint sessions with both Shakopee Public Utilities Commissioners, and with the Murphy's Landing Board of Directors. Mark McNeill City Administrator MM:tw CC: Lou VanHout, SPUC Dennis Kelly,Murphy's Landing Mark LaBarbera 0 v o+ p § o - r. c c m. o, -o c 1:3 v 0 3 0 3 3 s ori ` p 3 R- 2 ` T� aT �y� W ET 10 t, V1 CD V V7 V 0 0 0 3 3 3 n2. cn L? -Cl s 3 s a _ 2 3� x Lo F V V O O 0 o .0 3 3 ' of o� o o. to s b � 3 3 . A o: Mi j 21n y r,. : Ds N 04o11MAGOssv--Alt ?. ID y .4 k.4 4 k ,ti*MMARK' inipepo 0 0 IDE. C ar D ST :::::;::::::;:,,:l il.1,1::1 41,,,,,44:11.1,,,,,,,,,.1.,,1,,1;lel,6,11.,:,,::::6:r::::„.;;;..7v ..1 -. WiliiiiiiiiiiniMIN frft Es t.141 w e 4,4 Cs,.. 49, 4. '' WSINIIIIIIPNOIINISIIIXIPPP, raiiinalegineeel sFWeneneeeMnegr ''. 41111,111i6 4` ii dr ,,, 2,1 == FogzAtaisa. 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''''',:,,,,,,,r,::'.,::::.!..,::...:.',,,.,,-.,....-%;,,.,..'.:;‘:'..,,,:...,..,.,,,,,,,.*g.,,..1,.'r..;''-,:;::,‘.!!'.,. w a E :41t EE E E • o r�i o 0 0 RINI c 't 5 p lb N Miiigg Zi VEll Urgli FULm E ka tu En it-iii H /5 CITY OF SHAKOPEE Memorandum CoiNSFNT TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Application for Pawnshop License - Frank's Pawn, Inc. DATE: April 13, 2000 INTRODUCTION: City Council is asked to approve a pawnshop license for Frank's Pawn, Inc. , dba/Shakopee Pawn at 1147 Canterbury Road. See attached memo dated March 31, 2000 for additional information. BACKGROUND: At the April 4, 2000, Council meeting, the application from Frank's Pawn was tabled. Councilor Link asked that staff look into the amount of interest and fees that can be charged by pawnshops pursuant to State law, and how this is monitored. The Chief of Police is looking into this matter. This is a separate matter and the Chief advises that this is not a reason to delay acting on the license application. Mr. Marzario's application is in order. The customary background investigation was conducted again. (One was conducted when application was made a number of years ago under a different corporation owned by Mr. Marzario. ). The investigation disclosed nothing to preclude issuance of the license as requested. RECOMMENDED ACTION: 1. Remove from the table the application from Frank's Pawn, Inc. dba/Shakopee Pawn for a pawnshop license. 2. Approve the application and grant a Pawnshop License to Frank's Pawn, Inc. dba/Shakopee Pawn, 1147 Canterbury Road. 3. Approve the application and grant a Pawnbroker, Precious Metal Dealer and Secondhand Dealer's license to Frank John Marzario, Frank's Pawn, Inc. dba/Shakopee Pawn, 1147 Canterbury Road. 4. Approve employee licenses for the following employees of Frank's Pawn, Inc. dba/Shakopee Pawn: Jim Rocheford, Kraig Ellingson and Joe Arthur. Jude S. Cox, Ci y Clerk CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Application for Pawnshop License - Frank's Pawn, Inc. DATE: March 31, 2000 INTRODUCTION: City Council is asked to approve a pawnshop license for Frank's Pawn, Inc. dba/Shakopee Pawn at 1147 Canterbury Road. BACKGROUND: You may remember that City Council approved a pawnshop license for Mr. Marzario in the name of TBOF, LLC dba/Shakopee Pawn at the last City Council meeting. Mr. Marzario is buying out one of the partners of Madison Financial Company dba/Moneyxchange and needed to obtain a new license. Since the March 21, 2000 Council approval, at the advise of legal counsel, Mr. Marzario has formed another corporation and desires to have the license issued to a third corporation known as Frank's Pawn, Inc. dba/Shakopee Pawn. I am unaware of any reason that would preclude the issuance of a license in the name of the new corporation. The license in the name of TBOF, LLC dba/Shakopee Pawn has not been delivered to Mr. Marzario. The new license in the name of Frank's Pawn, Inc. will be delivered to Mr. Marzario upon the surrender of the existing license in the name of Madison Financial Company dba Moneyxchange. Mr. Marzario will continue to employ some of the same employees under his new corporation. RECOMMENDED ACTION: 1. Approve the application and grant a Pawnshop License to Frank's Pawn, Inc. dba/Shakopee Pawn, 1147 Canterbury Road. 2. Approve the application and grant a Pawnbroker, Precious Metal Dealer and Secondhand Dealer's license to Frank John Marzario, Frank's Pawn, Inc. dba/Shakopee Pawn, 1147 Canterbury Road. 3. Approve employee licenses for the following employees of Frank's Pawn, Inc. dba/Shakopee Pawn: Jim Rocheford, Kraig Ellingson and Joe Arthur. Judith S. Cox, City Clerk i/ �s r. CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Marschall Road/Junior High Traffic Concerns DATE: April 13, 2000 INTRODUCTION: At its meeting of April 18th,the City Council will be provided with a review of the traffic situation, and possible solutions to pedestrian and vehicle safety issues at the Shakopee Junior High School, located on Marschall Road. BACKGROUND: After recently witnessing a vehicular accident as a result of turning traffic on Marschall Road near the Junior High, Councilmember Morke asked that staff review possible changes to the Junior High traffic situation. In addition to problems with vehicles ingressing and egressing the Junior High parking lot in mornings and afternoons,there is a pedestrian safety hazard for students and adults crossing Marschall Road. Part of this safety issue is due, at least in part,to a new State law which requires vehicles to stop for pedestrians crossing in a crosswalk. While that may work well on a two lane road, it creates a hazard on four lane roads, when a stopped vehicle may shield a pedestrian from the visibility of other drivers. A meeting was held with school officials on Friday,April 14th. The results of that meeting will be reviewed with the City Council at City Council meeting of April 18th. ACTION REQUIRED: Depending upon the recommendations resulting from the April 14th meeting,the Council may be asked to take action at its April 18th meeting. ktakiii0 Mark McNeill City Administrator MM:tw CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: 15.F.3.—Junior High Traffic Concerns DATE: April 17, 2000 INTRODUCTION: On Friday,April 14th, a meeting was held at I.S.D. 719 offices in attendance were: Superintendent of Schools—Bob Ostlund Jr. High Principal—Jean Wyatt Police Chief—Dan Hughes Police Sergeant—John Flynn I.S.D. 720 Business Director—Bob Martin County Highway Eng.—Brad Larson Public Works Director—Bruce Loney City Administrator—Mark McNeill The purpose of the meeting was to discuss options for making the area of Marschall Road adjacent to the Shakopee Junior High School safer for both pedestrian and vehicular traffic. We discussed, but then dismissed a couple of options: 1. Construction of pedestrian overpass—In addition to cost concerns, in order to make handicap accessibly standards,there would have to be significant space available in order to provide for ramps. It was thought that there may even need to be some housing lost on the west side of Marschall to provide for an approach. Most importantly, in experience of those in attendance,pedestrian overpasses are not used—the kids would simply dash across the street. 2. Traffic signal at entrance to Junior High- Without building a left turn lane (requiring expensive right-of-way on both sides, and the construction of center medians), a traffic signal would not activate for south bound left-turn traffic. This is even assuming it meet traffic signal warrants,which,because of the very periodic nature of traffic in and out of the Junior High, is unlikely to happen. What was decided were the following items: 1. Increased Education—The Junior High will reemphasize and continue to monitor traffic safety needs in the students. Less able to be controlled, are the parents who drop their kids off. The school will also provide an adult before and after school to monitor crossings. The began Monday,April 17th, and will continue on school days as staffing permits. 2. Increased and regular law enforcement—When present, marked patrol cars have a noticeable effect on speeds on that section of Marschall Road(which reduces from 40 m.p.h.,to 30 m.p.h. during the times that children are present, when the beacons are flashing. 3. Signalized mid-block crossing—While the flashing beacons attached to the crosswalk advance warning signs have had some effect, we believe that a more effective option will be to construct a single signalized crosswalk across Marschall Road,mid-way between 11th Avenue and Prairie Lane,which will have a red, amber, and green signal to be activated by a push button. That would require vehicles to stop. The current law,which was recently enacted and requires cars to stop when a pedestrian is in the crosswalk, is in our view, actually less safe, especially on a four lane highway. Too often, a person crossing maybe shielded from the view of others by a large vehicle, and another car traveling in the same direction may not understand why the vehicle might be stopped, and not see the pedestrian until it is too late. A signal will require stoppage. One problem with this is the level of expectation created with the pedestrian. If they start out after the"walk"signal is given, and assume that cars will obey the light,there can be serious consequences. In other words, while overall it should be safer, if there is an accident, it would likely be severe. The County will soon begin the necessary study to ensure that the location meets warrants; it is likely that it does. BUDGET IMPACT: The cost of the signal will likely be in$80,000 to $100,000 range. While it still needs to be confirmed by the various boards,the suggested cost sharing is that the County would pickup 50%of the cost, as they have two legs of the"intersection"at the crosswalk. We would propose that the City and School District share the other half,meaning the impact on the City might be $20,000 - $25,000. Funding for the City's share would come from the Capital Improvements Fund. An alternative would be from General Fund Reserves, which was done to fund the beacons last year. A decision as to the source of funding can be made at the time that firm costs are known. RECOMMENDATION: We recommend that the Council authorize City participation in the installation of a signalized crosswalk. If approved by all three groups,the target date for this to be installed would be in time for the opening of the Fall semester, 2000. ACTION REQUIRED: If the Council concurs, it should, by motion, authorize City participation in the funding of a signalized crosswalk on Marschall Road, adjacent to the Shakopee Junior High. a Mark McNeill City Administrator MM:tw CC: Bruce Loney Dan Hughes TO CHIEF HUGHES FROM SGT FLYNN SUB TRAFFIC ENFORCEMENT-MARSHALL RD DATE 04/14/00 OUR PRESENCE CONTINUES ON MARSHALL RD ESPECIALLY IN THE AM AND PM HOURS IN THE AREA OF THE JUNIOR HS. FOLLOWING IS A RUN DOWN OF THIS LAST WEEKS ACTIVITIES. THURS 04/06/00 OFFICERS BALFANZ AND TRUTNAU. 9 WARNINGS 4 CITATIONS FRI 04/07/00 OFFICERS BALFANZ AND TRUTNAU 2 WARNINGS 1 CITATION MON 04/10/00 OFFICERS GULDEN AND JOHNSON NO CITATIONS TUES 04/11/00 OFFICERS GULDEN AND CLARK NO CITATIONS WED 04/12/00 OFFICERS BALFANZ AND TRUTNAU NO CITATIONS THURS 04/13/00 OFFICERS CONWAY AND BALFANZ 7 CITATIONS FRI 04/14/00 OFFICERS CONWAY AND BALFANZ 3 WARNINGS IN ADDITION INVESTIGATOR SCHROT WROTE 2 CITATIONS ON WED 04/12/00 AT 1500 HRS NEAR THE JUNIOR HS AS SHE WAS TRAVELING THROUGH THAT AREA. OFFICER LIPINSKI CONTINUES TO MONITOR THE JUNIOR HS AREA FOR TOBACCO VIOLATIONS AND TO ASSIST STUDENTS WITH CROSSWALKS. JF. /S: rry. CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Derby Days Parking Lot Usage DATE: April 13, 2000 INTRODUCTION: The Council is asked to give preliminary approval to the sponsors of Derby Days for the use of the City-owned parking lot south of Second Avenue,between Holmes and Lewis Streets, as a carnival site. BACKGROUND: Dave Thompson of the Derby Days Committee has approached me, inquiring as to whether the City would be supportive of a request to locate a carnival with up to ten mechanized rides on that Thursday, Friday and Saturday of Derby Days. The requested location is the parking lot between Lewis and Holmes Street, south of Second Avenue. It is paved, level, and large enough to accommodate the needs. This is the first time in recent years that rides are to be included in the Derby Days festivities. The drawback is that this will make parking, always an issue during Derby Days, even more of a problem. The Derby Days Committee would like an indication as to the Council's level of comfort with this now, so that they can continue to negotiate with the carnival operator. If preliminary approval is given now by the Council,they would bring this back to the Council for formal approval at the same time that they request use of streets for the parade route,tent location, and other uses of public right-of-way. The main criteria that we would see, in addition to the parking impact, is liability. We will require Derby Days to list the City as an also insured under their insurance policy, and will require the same of the carnival operator. We will also want to make certain that the hours of operation do not create a problem with noise for area residents. A letter describing all of the plans for this year's Derby Days is attached. RECOMMENDATION: I recommend that the Council give preliminary approval to the use of the above described parking lot for use on the Thursday,Friday and Saturday of Derby Days (August 3`1,4th & 5h). ACTION REQUIRED: If the Council concurs, it should,by motion, give preliminary approval to the Derby Days Committee for the use of the City-owned parking lot between Lewis and Holmes Streets, south of Second Avenue, for use as a carnival site,with the understanding that formal requests, including insurance and operation provisions,with be forthcoming in July. Mark McNeill City Administrator MM:tw CC: Dan Hughes Bruce Loney Pinky Hullander Dave Thompson c s AKOENI April 13, 2000 Dear Mayor and Council, I am writing this letter to ask for your permission to use the Downtown area again for the 2000 Derby Days celebration, August 3rd through the 6th. At this time we are not asking for a final decision, but ask that you consider our request and give us a direction so we can continue our planning. We may need to let a few more business owners and residents from the downtown area know of our request so they may voice their options to the proposed street and parking lot closings. This year we will need some additional areas for some new events we are planning. First we would like to use the large parking lot south of City Hall for Cavallaro's carnival rides ( 8 to 10 rides). We would like to close this lot for Thursday, Friday and Saturday. Second we hope to attract 50 or more crafters and artisans who will be setting up along Lewis and Holmes Street between 1st and 3rd. this would be for Friday and Saturday all day. Third we may have 3 on 3 Basketball tournaments in the small parking lot in front of Dave's Valley Sports and the Pullman Club. This would be for " Thursday and Friday. Fourth we hope to have a Fireworks display. Assuming we have a sponsor. We have met with a licensed pyrotechnics company and they have measured several parks in the area and have determined that the area behind the recreation center and the high school would be a great location. This would take place on Sunday night. Fifth the Shakopee Rotary club will be are running a Pancake breakfast under the big tent on Sunday morning. This would not require any additional streets to be closed. • This year we are also working closely with Shakopee Park and Recreation who has organized a senior Olympics for Thursday morning, a kids carnival for Friday morning and a teen dance that will be after the Taste on Thursday evening. All other events will be the same as last year. On Thursday the Taste of Shakopee which will close first ave, Lewis Street and the large parking lot across from Bill's Toggery . Friday will be the Beer garden, street dance and food court and on Saturday the 5k run, Parade, Volley ball tournament, Thunder road race, Car Cruz, Bingo, Pie eating contest, Beer garden, Food court and Street dance. This will keep the entire street downtown closed through out the day. And on Sunday the Shakopee Rotary will be having the Pancake breakfast under the big tent from 8:00 to 1:00. The Derby Days Festivals intent is to help facilitate a city celebration that will provide lots of fun and entertainment for everyone involved. It is not our intent to hurt or hinder any business in the downtown area due to Street or parking lot closings. We would like to think that this would bring even more people into our downtown area and be a benefit to everyone. We will be providing the City with a more extensive schedule and request for services in the near future. On behalf of the 2000 Derby Days committee we would like to thank you in advance for all your support. Sincerely, Dav hompson and Jack McGovern, co-chairs CP o ' ?P April 13, 2000 Dear Mayor and Council, I am writing this letter to ask for your permission to use the Downtown area again for the 2000 Derby Days celebration, August 3rd through the 6th. At this time we are not asking for a final decision, but ask that you consider our request and give us a direction so we can continue our planning. We may need to let a few more business owners and residents from the downtown area know of our request so they may voice their options to the proposed street and parking lot closings. This year we will need some additional areas for some new events we are planning. First we would like to use the large parking lot south of City Hall for Cavallaro's carnival rides ( 8 to 10 rides). We would like to close this lot for Thursday, Friday and Saturday. Second we hope to attract 50 or more crafters and artisans who will be setting up along Lewis and Holmes Street between 1st and 3rd. this would be for Friday and Saturday all day. Third we may have 3 on 3 Basketball tournaments in the small parking lot in front of Dave's Valley Sports and the Pullman Club. This would be for Thursday and Friday. Fourth we hope to have a Fireworks display. Assuming we have a sponsor. We have met with a licensed pyrotechnics company and they have measured several parks in the area and have determined that the area behind the recreation center and the high school would be a great location. This would take place on Sunday night. Fifth the Shakopee Rotary club will be are running a Pancake breakfast under the big tent on Sunday morning. This would not require any additional streets to be closed. This year we are also working closely with Shakopee Park and Recreation who has organized a senior Olympics for Thursday morning, a kids carnival for Friday morning and a teen dance that will be after the Taste on Thursday evening. All other events will be the same as last year. On Thursday the Taste of Shakopee which will close first ave, Lewis Street and the large parking lot across from Bill's Toggery . Friday will be the Beer garden, street dance and food court and on Saturday the 5k run, Parade, Volley ball tournament, Thunder road race, Car Cruz, Bingo, Pie eating contest, Beer garden, Food court and Street dance. This will keep the entire street downtown closed through out the day. And on Sunday the Shakopee Rotary will be having the Pancake breakfast under the big tent from 8:00 to 1:00. The Derby Days Festivals intent is to help facilitate a city celebration that will provide lots of fun and entertainment for everyone involved. It is not our intent to hurt or hinder any business in the downtown area due to Street or parking lot closings. We would like to think that this would bring even more people into our downtown area and be a benefit to everyone. We will be providing the City with a more extensive schedule and request for services in the near future. On behalf of the 2000 Derby Days committee we would like to thank you in advance for all your support. Sincerely, Dav hompson and Jack McGovern, co-chairs CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Corrections/Revisions to Concession Agreements DATE: April 18, 2000 After speaking with representatives of the baseball teams,we have the following changes to propose. (For clarification,the contract which was approved at the last meeting with Pepsi would allow for the City to receive 32%of the sales(the profits)from the four soft drink vending machines which will be located outside the baseball stadium. Changes to the Contract: 1. All sections have been relettered in the Coyotes contract. 2. Section B—Defines net profits. 3. Section E. Strikes the sentence"The TEAM will maintain a separate checking account for concessions operations". 4. Adds Section I—Setting the term of these contracts to expire 12/31/00. 5. Eliminates Section L, as the teams are staffing the booths with all volunteers: "The TEAM shall maintain Workers' Compensation Insurance for it employees and volunteers that quality and agents in accordance with Minnesota Statues Section 176.181, Subd. 2 (1993), and shall require its subcontractors to provide workers' compensation insurance to its employees and agents under Minnesota Statue 176.181, Subd. 2 or TEAM shall provide workers' compensation insurance for subcontractors. In either event,the TEAM shall furnish copies of Certificates of Insurance to the City." •. QUU� ` Mark McNeill City Administrator MM:tw JOE SCHLEPER BASEBALL STADIUM CONCESSION STAND AGREEMENT WITH THE SHAKOPEE INDIANS BASEBALL TEAM,2000 This agreement,made and entered into this day of , 2000,by and between the City of Shakopee, a Minnesota municipal corporation, located at 129 Holmes Street, Shakopee, in the County of Scott, State of Minnesota(hereinafter referred to as"the City") and the Shakopee Indians Baseball Team, (hereinafter referred to as "Team"). WITNESSETH: Whereas the City of Shakopee is desirous of providing efficient concession services to patrons of the Joe Schleper Baseball Stadium;and Whereas the TEAM wishes to provide concession services the Joe Schleper Baseball Stadium in order to raise funds for the ongoing support of TEAM expenses; and Whereas the City desires to designate at least a portion of the concessions earnings to go into the Park Reserve fund,which is used in part to fund improvements at the Joe Schleper Baseball Stadium,which is a benefit to the City; Now,therefore, in consideration of the promises,terms and conditions stated herein,the parties agree as follows: I. DUTIES AND RIGHTS OF TEAM A. The TEAM agrees to provide full and complete services for the sales of food concessions at the Joe Schleper Baseball Stadium concession stand on the dates that it plays its home games. The City may request to provide these services at additional times and the TEAM may meet those requests, if given two weeks notice. B. The TEAM agrees to pay the City an amount equal to Fifteen Percent(15%) of the net profits from concessions at the Joe Schleper Baseball Stadium. Payments shall be made monthly, on or before the fifteenth(15th)day of the following month. Net profits shall be defined as gross sales less the cost of products,materials,and sales taxes to be paid. C. The TEAM agrees to purchase and maintain all food goods,materials and supplies necessary for the concession stand. The TEAM may sell souvenirs and other hard goods not sold by the City of Shakopee, as approved by the City in writing. TEAM souvenirs and other hard good sales and beer sold in the concession stand under the licenses of a separate organization, shall not be subject to the commission specified in I.B., above. D. The TEAM agrees to provide all manager(s), supervisor(s) and attendant(s) and other personnel for its concession operations. The TEAM also agrees and understands that nothing contained herein creates or establishes the relationship of copartners between itself and the City and that it is an independent contractor and its officers,managers, supervisors, volunteers, attendants and other employees are not employees,agents or representatives of the City with respect to any services performed under this agreement. Such personnel or other personal associated with the TEAM shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from the City,including,without limitation, tenure rights,medical and hospital care, sick and vacation leave, Worker's Compensation,Unemployment Compensation, disability or severance pay and PERA. E. The TEAM agrees to maintain in internal control system which includes a Cash Report, on forms approved by the City. Such reports shall be submitted along with each monthly remittance of the City's share of the gross receipts. In accordance with Minnesota Statutes 16B.06, Subdivision 4,the TEAM further agrees to allow the City or the State Auditor or their agents to review,upon request, all records associated with the performance of the agreement, including invoices for concession goods and supplies, all canceled checks for payment of such invoices, all inventory records, and to be present at the taking of inventories, and to verify inventory shrinkage records. Gross receipts shall be agreed upon by the City Finance Director. F. On or before Oct. 1st, of each year,the TEAM shall provide the City with a copy of the season's concession financial report prepared by the TEAM. G. The TEAM shall conduct its activities upon the premises so as not to endanger any person lawfully thereon; and shall indemnify, save and hold harmless the City and all of its officers, agents and employees from any and all claims, losses, injured,damages and liabilities to persons or property occasioned wholly or in part by the acts or omissions of the TEAM, it agents, officers, employees, volunteers,patrons, or any persons associated with or served by the TEAM's concessions operations. H. The TEAM or the City may terminate this agreement upon thirty(30)days written notice to the other party. In the event of such termination by either party, the TEAM agrees to pay the City the full remittance owed as of the date of termination. I. This Agreement shall commence upon execution by both parties,and shall terminate on Dec. 31,2000,unless otherwise provided for as in Section(H). J. The TEAM, agrees to comply with Minnesota Statutes 181.59 and other related state and federal laws prohibiting discrimination in performance of this agreement on the basis of race, color,creed,religion,national origin, sex,martial status, disability and status with regard to public assistance, age or familial status. The TEAM agrees to hold harmless and indemnify the City from costs including but not limited to damages, attorney fees and staff time in any action or proceeding alleging illegal discrimination. K. The TEAM agrees to comply with the Americans With Disabilities Act and not to discriminate on the basis of disability in the admission or access to, or treatment of employment in its services,programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all services,programs,and activities. The City has designated coordinators to facilitate compliance with the Americans Disabilities Act of 1990 (ADA), as required by Section 35.107 of the U.S. Department of Justice regulations,and to coordinate compliance with Section 504 of the Rehabilitation Act of 1973, as mandated by Section 8.53 of the U.S. Department of Housing and Urban Development regulations. The TEAM agrees to hold harmless and indemnify the City from costs including but not limited to damages, attorney fees and staff time in any action or proceeding alleging a violation of the ADA. II. DUTIES AND RIGHTS OF THE CITY A. The City agrees to provide,maintain and repair facilities and equipment as necessary for the sale of concessions for use by the TEAM. The City further agrees to provide storage for TEAM inventories, subject to the limitations of available space at the Concession Stand. The City assumes no liability for lost, stolen or damaged merchandise or equipment left or stored in the Concession Stand. B. The City may immediately terminate this agreement in the event that the TEAM fails to perform its duties under this agreement. C. The City may terminate this agreement upon thirty(30)days written notice to the TEAM for any reason other than stated in II.B. III. JOINT DUTIES AND RIGHTS A. It is mutually understood and agreed that this Agreement represents the entire agreement between the parties and supersedes and all prior agreements or proposals,written or oral, and that no alternation,modification or addenda to the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. B. This Agreement shall not be assignable except by the written consent of the City. C. This Agreement shall be governed by the laws of the State of Minnesota. IN WITNESS WHEREOF,the parties have caused this Agreement to be executed by their proper officers,thereunto duly authorized, as of the day and year first above written. CITY OF SHAKOPEE Mayor City Administrator City Clerk SHAKOPEE INDIANS BASEBALL TEAM President JOE SCHLEPER BASEBALL STADIUM CONCESSION STAND AGREEMENT WITH THE SHAKOPEE COYOTES TEAM,2000 This agreement, made and entered into this day of , 2000, by and between the City of Shakopee, a Minnesota municipal corporation, located at 129 Holmes Street, Shakopee, in the County of Scott, State of Minnesota(hereinafter referred to as"the City")and the Shakopee Coyotes Baseball Team, (hereinafter referred to as "Team"). WITNESSETH: Whereas the City of Shakopee is desirous of providing efficient concession services to patrons of the Joe Schleper Baseball Stadium; and Whereas the TEAM wishes to provide concession services the Joe Schleper Baseball Stadium in order to raise funds for the ongoing support of TEAM expenses; and Whereas the City desires to designate at least a portion of the concessions earnings to go into the Park Reserve fund, which is used in part to fund improvements at the Joe Schleper Baseball Stadium,which is a benefit to the City; Now,therefore, in consideration of the promises,terms and conditions stated herein,the parties agree as follows: I. DUTIES AND RIGHTS OF TEAM, A. The TEAM agrees to provide full and complete services for the sales of food concessions at the Joe Schleper Baseball Stadium concession stand on the dates that it plays its home games. The City may request to provide these services at additional times and the TEAM may meet those requests, if given two weeks notice. B. The TEAM agrees to pay the City an amount equal to Fifteen Percent(15%) of the net profits from concessions at the Joe Schleper Baseball Stadium. Payments shall be made monthly, on or before the fifteenth(15t) day of the following month. Net profits shall be defined as gross ales less the cost of products,materials,and sales taxes to be paid. C. The TEAM agrees to purchase and maintain all food goods,materials and supplies necessary for the concession stand. The TEAM may sell souvenirs and other hard goods not sold by the City of Shakopee,as approved by the City in writing. TEAM souvenirs and other hard good sales and beer sold in the concession stand under the licenses of a separate organization, shall not be subject to the commission specified in I.B., above. D. The TEAM agrees to provide all manager(s), supervisor(s)and attendant(s)and other personnel for its concession operations. The TEAM also agrees and understands that nothing contained herein creates or establishes the relationship of copartners between itself and the City and that it is an independent contractor and its officers, managers, supervisors,volunteers, attendants and other employees are not employees, agents or representatives of the City with respect to any services performed under this agreement. Such personnel or other personal associated with the TEAM shall not require nor be entitled to any compensation,rights or benefits of any kind whatsoever from the City, including,without limitation, tenure rights,medical and hospital care, sick and vacation leave, Worker's Compensation,Unemployment Compensation, disability or severance pay and PERA. E. The TEAM agrees to maintain in internal control system which includes a Cash Report, on forms approved by the City. Such reports shall be submitted along with each monthly remittance of the City's share of the gross receipts. In accordance with Minnesota Statutes 16B.06, Subdivision 4,the TEAM further agrees to allow the City or the State Auditor or their agents to review, upon request, all records associated with the performance of the agreement, including invoices for concession goods and supplies, all canceled checks for payment of such invoices, all inventory records,and to be present at the taking of inventories, and to verify inventory shrinkage records. Gross receipts shall be agreed upon by the City Finance Director. F. On or before Oct. 1st, of each year,the TEAM shall provide the City with a copy of the season's concession financial report prepared by the TEAM. G. The TEAM shall conduct its activities upon the premises so as not to endanger any person lawfully thereon; and shall indemnify, save and hold harmless the City and all of its officers, agents and employees from any and all claims, losses, injured, damages and liabilities to persons or property occasioned wholly or in part by the acts or omissions of the TEAM, it agents, officers, employees, volunteers,patrons, or any persons associated with or served by the TEAM's concessions operations. H. The TEAM or the City may terminate this agreement upon thirty(30) days written notice to the other party. In the event of such termination by either party, the TEAM agrees to pay the City the full remittance owed as of the date of termination. I. This Agreement shall commence upon execution by both parties, and shall terminate on Dec. 31, 2000,unless otherwise provided for as in Section(H). J. The TEAM, agrees to comply with Minnesota Statutes 181.59 and other related state and federal laws prohibiting discrimination in performance of this agreement on the basis of race, color,creed,religion,national origin, sex,martial status, disability and status with regard to public assistance, age or familial status. The TEAM agrees to hold harmless and indemnify the City from costs including but not limited to damages, attorney fees and staff time in any action or proceeding alleging illegal discrimination. K. The TEAM agrees to comply with the Americans With Disabilities Act and not to discriminate on the basis of disability in the admission or access to, or treatment of employment in its services,programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all services,programs, and activities. The City has designated coordinators to facilitate compliance with the Americans Disabilities Act of 1990 (ADA), as required by Section 35.107 of the U.S. Department of Justice regulations, and to coordinate compliance with Section 504 of the Rehabilitation Act of 1973, as mandated by Section 8.53 of the U.S. Department of Housing and Urban Development regulations. The TEAM agrees to hold harmless and indemnify the City from costs including but not limited to damages, attorney fees and staff time in any action or proceeding alleging a violation of the ADA. II. DUTIES AND RIGHTS OF THE CITY A. The City agrees to provide,maintain and repair facilities and equipment as necessary for the sale of concessions for use by the TEAM. The City further agrees to provide storage for TEAM inventories, subject to the limitations of available space at the Concession Stand. The City assumes no liability for lost, stolen or damaged merchandise or equipment left or stored in the Concession Stand. B. The City may immediately terminate this agreement in the event that the TEAM fails to perform its duties under this agreement. C. The City may terminate this agreement upon thirty(30)days written notice to the TEAM for any reason other than stated in II.B. III. JOINT DUTIES AND RIGHTS A. It is mutually understood and agreed that this Agreement represents the entire agreement between the parties and supersedes and all prior agreements or proposals, written or oral, and that no alternation,modification or addenda to the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. B. This Agreement shall not be assignable except by the written consent of the City. C. This Agreement shall be governed by the laws of the State of Minnesota. IN WITNESS WHEREOF,the parties have caused this Agreement to be executed by their proper officers,thereunto duly authorized, as of the day and year first above written. CITY OF SHAKOPEE Mayor City Administrator City Clerk SHAKOPEE COYOTES BASEBALL TEAM President CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Baseball Stadium Concession Agreements DATE: April 13, 2000 INTRODUCTION: At its meeting of April 18th,the Council will be asked to approve contracts for the operation of the concession stand at Joe Schleper Baseball Stadium with the Shakopee Indians and Shakopee Coyotes baseball teams. BACKGROUND: At its meeting of April 4th, Council had discussion with representatives of the two town teams for operation of the concession stands. The same evening,the Council gave approval to a contract with Pepsi to have their product sold at the baseball stadium for five years, for which the City would receive 32%of the profits from the location for soft drink vending machines outside of the baseball stadium. Per the direction of Council, those machines will be bolted to the wall. Using the directive from the City Council at that meeting,agreements have been drafted for the two town teams. Included in that is a provision in which 15%of the proceeds of the sales of concession items(other than non-food items, souvenirs,t-shirts, etc.),will go to the City's park reserve fund. The draft documents are based upon the existing agreement with the Hockey Association, for the concession area leased from the City in the hockey arena. One major difference between that contract and these proposed agreements is that the City would not require liability insurance from the teams. In checking potential vendors of insurance, it appears highly unlikely that either of the town teams will be able to obtain liability insurance, owing to the type of operation(no tangible assets, all volunteer organizations, etc.). Therefore, if there is a liability issue as a result of the concession stand operation,the City would have to stand on its own liability insurance, and not have the first protection of being listed as"also insured"under the teams' coverage. It should also be noted that the Shakopee Jaycees have a 3.2 beer license that runs through June 30, 2000. At least the Coyotes team is working with the Jaycees, so that beer sales would take place out of the concession stands by the same volunteers associated with the baseball team,but under the direct supervision(and license) of the Jaycees. Unless Council directs otherwise,these contracts do not include the 15%City distribution from the net profits from beer sales. Instead,we propose that that be reviewed at the time of the Jaycees renewal of their alcohol license in June. The attached agreements are drafts; it is probable that there will be revisions made prior to the Tuesday evening City Council meeting. Council will be notified of any changes at that time. RECOMMENDATION: So that the concession agreements may be in place in time for the home opener for each team, my recommendation is to execute the attached agreements. ACTION REQUIRED: If the Council concurs, it should,by motion, direct the appropriate officials to execute the individual agreements for operation of the concession stands with the Shakopee Indians, and the Shakopee Coyotes baseball teams. Mark McNeill City Administrator MM:tw DRAFT JOE SCHLEPER BASEBALL STADIUM CONCESSION STAND AGREEMENT WITH THE SHAKOPEE INDIANS BASEBALL TEAM,2000 This agreement,made and entered into this day of , 2000,by and between the City of Shakopee,a Minnesota municipal corporation, located at 129 Holmes Street, Shakopee, in the County of Scott, State of Minnesota(hereinafter referred to as"the City") and the Shakopee Indians Baseball Team, (hereinafter referred to as "Team"). WITNESSETH: Whereas the City of Shakopee is desirous of providing efficient concession services to patrons of the Joe Schleper Baseball Stadium; and Whereas the TEAM wishes to provide concession services the Joe Schleper Baseball Stadium in order to raise funds for the ongoing support of TEAM expenses; and Whereas the City desires to designate at least a portion of the concessions earnings to go into the Park Reserve fund,which is used in part to fund improvements at the Joe Schleper Baseball Stadium, which is a benefit to the City; Now,therefore, in consideration of the promises,terms and conditions stated herein,the parties agree as follows: I. DUTIES AND RIGHTS OF TEAM A. The TEAM agrees to provide full and complete services for the sales of food concessions at the Joe Schleper Baseball Stadium concession stand on the dates that it plays its home games. The City may request to provide these services at additional times and the TEAM may meet those requests, if given two weeks notice. B. The TEAM agrees to pay the City an amount equal to Fifteen Percent(15%)of the net profits from concessions at the Joe Schleper Baseball Stadium. Payments shall be made monthly,on or before the fifteenth(15th) day of the following month. C. The TEAM agrees to purchase and maintain all food goods, materials and supplies necessary for the concession stand. The TEAM may sell souvenirs and other hard goods not sold by the City of Shakopee,as approved by the City in writing. TEAM souvenirs and other hard good sales and beer sold in the concession stand under the licenses of a separate organization, shall not be subject to the commission specified in I.B., above. D. The TEAM agrees to provide all manager(s), supervisor(s) and attendant(s) and other personnel for its concession operations. The TEAM also agrees and understands that nothing contained herein creates or establishes the relationship of copartners between itself and the City and that it is an independent contractor and its officers,managers, supervisors,volunteers, attendants and other employees are not employees, agents or representatives of the City with respect to any services performed under this agreement. Such personnel or other personal associated with the TEAM shall not require nor be entitled to any compensation,rights or benefits of any kind whatsoever from the City, including,without limitation, tenure rights,medical and hospital care, sick and vacation leave, Worker's Compensation,Unemployment Compensation,disability or severance pay and PERA. E. The TEAM agrees to maintain in internal control system which includes a Cash Report, on forms approved by the City. Such reports shall be submitted along with each monthly remittance of the City's share of the gross receipts. In accordance with Minnesota Statutes 16B.06, Subdivision 4,the TEAM further agrees to allow the City or the State Auditor or their agents to review,upon request, all records associated with the performance of the agreement, including invoices for concession goods and supplies, all canceled checks for payment of such invoices, all inventory records,and to be present at the taking of inventories, and to verify inventory shrinkage records. Gross receipts shall be agreed upon by the City Finance Director. The TEAM will maintain a separate checking account for concessions operations. F. On or before Oct. 1st, of each year,the TEAM shall provide the City with a copy of the season's concession financial report prepared by the TEAM. G. The TEAM shall conduct its activities upon the premises so as not to endanger any person lawfully thereon; and shall indemnify, save and hold harmless the City and all of its officers, agents and employees from any and all claims, losses, injured, damages and liabilities to persons or property occasioned wholly or in part by the acts or omissions of the TEAM, it agents,officers, employees, volunteers,patrons, or any persons associated with or served by the TEAM's concessions operations. H. The TEAM or the City may terminate this agreement upon thirty(30) days written notice to the other party. In the event of such termination by either party, the TEAM agrees to pay the City the full remittance owed as of the date of termination. I. The TEAM, agrees to comply with Minnesota Statutes 181.59 and other related state and federal laws prohibiting discrimination in performance of this agreement on the basis of race, color, creed, religion,national origin, sex,martial status, disability and status with regard to public assistance, age or familial status. The TEAM agrees to hold harmless and indemnify the City from costs including but not limited to damages, attorney fees and staff time in any action or proceeding alleging illegal discrimination. J. The TEAM agrees to comply with the Americans With Disabilities Act and not to discriminate on the basis of disability in the admission or access to, or treatment of employment in its services,programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all services,programs, and activities. The City has designated coordinators to facilitate compliance with the Americans Disabilities Act of 1990 (ADA),as required by Section 35.107 of the U.S. Department of Justice regulations, and to coordinate compliance with Section 504 of the Rehabilitation Act of 1973, as mandated by Section 8.53 of the U.S. Department of Housing and Urban Development regulations. The TEAM agrees to hold harmless and indemnify the City from costs including but not limited to damages, attorney fees and staff time in any action or proceeding alleging a violation of the ADA. K. The TEAM shall maintain Workers' Compensation Insurance for it employees and volunteers that quality and agents in accordance with Minnesota Statues Section 176.181, Subd. 2 (1993), and shall require its subcontractors to provide workers' compensation insurance to its employees and agents under Minnesota Statue 176.181, Subd. 2 or TEAM shall provide workers' compensation insurance for subcontractors. In either event,the TEAM shall furnish copies of Certificates of Insurance to the City. II. DUTIES AND RIGHTS OF THE CITY A. The City agrees to provide,maintain and repair facilities and equipment as necessary for the sale of concessions for use by the TEAM. The City further agrees to provide storage for TEAM inventories, subject to the limitations of available space at the Concession Stand. The City assumes no liability for lost, stolen or damaged merchandise or equipment left or stored in the Concession Stand. B. The City may immediately terminate this agreement in the event that the TEAM fails to perform its duties under this agreement. C. The City may terminate this agreement upon thirty(30)days written notice to the TEAM for any reason other than stated in II.B. III. JOINT DUTIES AND RIGHTS A. It is mutually understood and agreed that this Agreement represents the entire agreement between the parties and supersedes and all prior agreements or 1 proposals, written or oral, and that no alternation, modification or addenda to the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. B. This Agreement shall not be assignable except by the written consent of the City. C. This Agreement shall be governed by the laws of the State of Minnesota. IN WITNESS WHEREOF,the parties have caused this Agreement to be executed by their proper officers,thereunto duly authorized, as of the day and year first above written. CITY OF SHAKOPEE Mayor City Administrator City Clerk SHAKOPEE INDIANS BASEBALL TEAM President DRAFT JOE SCHLEPER BASEBALL STADIUM CONCESSION STAND AGREEMENT WITH THE SHAKOPEE COYOTES TEAM,2000 This agreement, made and entered into this day of , 2000,by and between the City of Shakopee, a Minnesota municipal corporation, located at 129 Holmes Street, Shakopee, in the County of Scott, State of Minnesota(hereinafter referred to as"the City") and the Shakopee Coyotes Baseball Team, (hereinafter referred to as "Team"). WITNESSETH: Whereas the City of Shakopee is desirous of providing efficient concession services to patrons of the Joe Schleper Baseball Stadium; and Whereas the TEAM wishes to provide concession services the Joe Schleper Baseball Stadium in order to raise funds for the ongoing support of TEAM expenses; and Whereas the City desires to designate at least a portion of the concessions earnings to go into the Park Reserve fund, which is used in part to fund improvements at the Joe Schleper Baseball Stadium, which is a benefit to the City; Now,therefore, in consideration of the promises,terms and conditions stated herein,the parties agree as follows: I. DUTIES AND RIGHTS OF TEAM L. The TEAM agrees to provide full and complete services for the sales of food concessions at the Joe Schleper Baseball Stadium concession stand on the dates that it plays its home games. The City may request to provide these services at additional times and the TEAM may meet those requests, if given two weeks notice. M. The TEAM agrees to pay the City an amount equal to Fifteen Percent(15%) of the net profits from concessions at the Joe Schleper Baseball Stadium. Payments shall be made monthly, on or before the fifteenth(15th) day of the following month. N. The TEAM agrees to purchase and maintain all food goods,materials and supplies necessary for the concession stand. The TEAM may sell souvenirs and other hard goods not sold by the City of Shakopee, as approved by the City in writing. TEAM souvenirs and other hard good sales and beer sold in the concession stand under the licenses of a separate organization, shall not be subject to the commission specified in I.B., above. O. The TEAM agrees to provide all manager(s), supervisor(s) and attendant(s)and other personnel for its concession operations. The TEAM also agrees and understands that nothing contained herein creates or establishes the relationship of copartners between itself and the City and that it is an independent contractor and its officers,managers, supervisors,volunteers, attendants and other employees are not employees,agents or representatives of the City with respect to any services performed under this agreement. Such personnel or other personal associated with the TEAM shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from the City, including, without limitation, tenure rights,medical and hospital care, sick and vacation leave, Worker's Compensation,Unemployment Compensation, disability or severance pay and PERA. P. The TEAM agrees to maintain in internal control system which includes a Cash Report, on forms approved by the City. Such reports shall be submitted along with each monthly remittance of the City's share of the gross receipts. In accordance with Minnesota Statutes 16B.06, Subdivision 4,the TEAM further agrees to allow the City or the State Auditor or their agents to review, upon request, all records associated with the performance of the agreement, including invoices for concession goods and supplies, all canceled checks for payment of such invoices, all inventory records, and to be present at the taking of inventories, and to verify inventory shrinkage records. Gross receipts shall be agreed upon by the City Finance Director. The TEAM will maintain a separate checking account for concessions operations. Q. On or before Oct. 1st, of each year,the TEAM shall provide the City with a copy of the season's concession financial report prepared by the TEAM. R. The TEAM shall conduct its activities upon the premises so as not to endanger any person lawfully thereon; and shall indemnify, save and hold harmless the City and all of its officers, agents and employees from any and all claims, losses, injured, damages and liabilities to persons or property occasioned wholly or in part by the acts or omissions of the TEAM, it agents, officers, employees, volunteers,patrons, or any persons associated with or served by the TEAM's concessions operations. S. The TEAM or the City may terminate this agreement upon thirty(30)days written notice to the other party. In the event of such termination by either party, the TEAM agrees to pay the City the full remittance owed as of the date of termination. T. The TEAM, agrees to comply with Minnesota Statutes 181.59 and other related state and federal laws prohibiting discrimination in performance of this agreement on the basis of race, color,creed,religion,national origin, sex,martial status, disability and status with regard to public assistance, age or familial status. The TEAM agrees to hold harmless and indemnify the City from costs including but not limited to damages, attorney fees and staff time in any action or proceeding alleging illegal discrimination. U. The TEAM agrees to comply with the Americans With Disabilities Act and not to discriminate on the basis of disability in the admission or access to, or treatment of employment in its services,programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all services,programs, and activities. The City has designated coordinators to facilitate compliance with the Americans Disabilities Act of 1990 (ADA), as required by Section 35.107 of the U.S. Department of Justice regulations, and to coordinate compliance with Section 504 of the Rehabilitation Act of 1973, as mandated by Section 8.53 of the U.S. Department of Housing and Urban Development regulations. The TEAM agrees to hold harmless and indemnify the City from costs including but not limited to damages, attorney fees and staff time in any action or proceeding alleging a violation of the ADA. V. The TEAM shall maintain Workers' Compensation Insurance for it employees and volunteers that quality and agents in accordance with Minnesota Statues Section 176.181, Subd. 2 (1993), and shall require its subcontractors to provide workers' compensation insurance to its employees and agents under Minnesota Statue 176.181, Subd. 2 or TEAM shall provide workers' compensation insurance for subcontractors. In either event,the TEAM shall furnish copies of Certificates of Insurance to the City. II. DUTIES AND RIGHTS OF THE CITY D. The City agrees to provide,maintain and repair facilities and equipment as necessary for the sale of concessions for use by the TEAM. The City further agrees to provide storage for TEAM inventories, subject to the limitations of available space at the Concession Stand. The City assumes no liability for lost, stolen or damaged merchandise or equipment left or stored in the Concession Stand. E. The City may immediately terminate this agreement in the event that the TEAM fails to perform its duties under this agreement. F. The City may terminate this agreement upon thirty(30)days written notice to the TEAM for any reason other than stated in II.B. III. JOINT DUTIES AND RIGHTS D. It is mutually understood and agreed that this Agreement represents the entire agreement between the parties and supersedes and all prior agreements or proposals,written or oral, and that no alternation,modification or addenda to the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. E. This Agreement shall not be assignable except by the written consent of the City. F. This Agreement shall be governed by the laws of the State of Minnesota. IN WITNESS WHEREOF,the parties have caused this Agreement to be executed by their proper officers,thereunto duly authorized, as of the day and year first above written. CITY OF SHAKOPEE Mayor City Administrator City Clerk SHAKOPEE COYOTES BASEBALL TEAM President yo-- F. 6 . CITY OF SHAKOPEE Memorandum CONSENT TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Internet/E-Mail/Use Policy DATE: April 13, 2000 INTRODUCTION: The Council is asked to approve an updated Internet Use Policy, and approve a new E- Mail Use Policy by City employees. BACKGROUND: On December 2, 1997,the City Council approved a policy on Internet Access Usage. At that time,the policy was fairly restrictive, as there was concern that there might be lost time as a result of employees"surfing the Web", and therefore, it was limited to preliminary to department heads, and others who could demonstrate a need for it. However, since that time,Internet usage has become more common place, and more and more Web sites are utilized by employees as a substitute for more traditional forms of information. A modified Internet Use Policy has been drafted, and is one in which we feel is more realistic for use today. In addition,the City is now heavily reliant upon e-mail, but no policy outlining e-mail usage is in place. Therefore, a new e-mail policy has been drafted, and is proposed for adoption at this time. The previous Internet Use Policy was adopted by motion,the City Clerk suggests that both the update, and the new e-mail use policy be adopted by resolution. RECOMMENDATION: We recommend that both these policies be adopted by resolution. ACTION REQUIRED: If the Council concurs, it should, by motion,offer Resolution No. 5351: A RESOLUTION ADOPTING AN E-MAIL USE POLICY,AND AN UPDATED INTERNET USE POLICY FOR THE CITY OF SHAKOPEE,MINNESOTA, and move its adoption. Mark McNeill City Administrator MM:tw RESOLUTION NO. 5351 A RESOLUTION ADOPTING AN E-MAIL USE POLICY,AND AN UPDATED INTERNET USE POLICY FOR THE CITY OF SHAKOPEE, MINNESOTA WHEREAS,the World Wide Web has provided workplaces with access to untold information resources; and WHEREAS, in order to provide for effective and efficient employees,the City of Shakopee should provide access to the Internet, as well as electronic mail; and WHEREAS, in order for there to be safe guards against inappropriate use, or protection of City files from contamination by viruses,the City of Shakopee should adopt an Internet Use Policy and E-Mail Use Policy. NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,that the"E-Mail Use Policy"and"Internet Use Policy"attached hereto and made a part hereof, are hereby adopted as policies for use by the City of Shakopee and its employees. FURTHER,that the previously existing Internet Use Policy adopted by the City Council on December 2, 1997, is hereby recinded. Adopted in adjourned session of the City Council of the City of Shakopee, Minnesota held the 18t day of April,2000. Mayor of the City of Shakopee ATTEST: City Clerk RESOLUTION NO. 5351 A RESOLUTION ADOPTING AN E-MAIL USE POLICY,AND AN UPDATED INTERNET USE POLICY FOR THE CITY OF SHAKOPEE, MINNESOTA WHEREAS,the World Wide Web has provided workplaces with access to untold information resources; and WHEREAS, in order to provide for effective and efficient employees,the City of Shakopee should provide access to the Internet, as well as electronic mail; and WHEREAS, in order for there to be safe guards against inappropriate use, or protection of City files from contamination by viruses,the City of Shakopee should adopt an Internet Use Policy and E-Mail Use Policy. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA,that the"E-Mail Use Policy"and"Internet Use Policy"attached hereto and made a part hereof, are hereby adopted as policies for use by the City of Shakopee and its employees. FURTHER,that the previously existing Internet Use Policy adopted by the City Council on December 2, 1997, is hereby recinded. Adopted in adjourned session of the City Council of the City of Shakopee, Minnesota held the 18t day of April, 2000. Mayor of the City of Shakopee ATTEST: City Clerk CITY OF SHAKOPEE, MINNESOTA Internet Use Policy I. INTRODUCTION The Internet is a useful information and communication tool that is provided to City of Shakopee employees in order to conduct City-related business. Internet access provides the ability to communicate with City and non-City resources, as well as providing access to databases for research and informational purposes. This policy applies to all elected officials, employees, contractors,volunteers,and other agents of the City who are provided Internet access through the City of Shakopee. This policy is intended to prevent the misuse of Internet access, especially as it relates to the following unacceptable practices: I. Downloading files that contain viruses that may contaminate City information systems and databases; II. Accessing improper or objectionable material unless such access is directly related to a City purpose(e.g.police investigations,prosecutions); III. Using work time to access, send or receive non-work related information, or to"surf'the Internet; IV. Misrepresenting an individual's opinion as City policy. II. TERMS User- elected officials, employees, contractors,volunteers, and other agents of the City authorized to access the Internet through the City of Shakopee's computer network. III. PROCEDURES a. All elected officials, employees,contractors,volunteers and others who have access to the Internet are required to review this policy, and sign the accompanying statement that they have read, and understand,the policy. b. Authorized users of the Internet will be given a"login"name that allows access to the Internet through the City's network. Users will then provide a personalized password. Any and all Internet activity will be attributed to the login name of the originating user. c. The City reserves the right,with the City Administrator's approval,to monitor Internet activity at any time,with or without notice to users. The Internetemailpolicy 1 use of a system"log on"and/or password does not, and should not, convey any expectation of privacy to the user. d. No user shall divulge his/.her network password. Any person with knowledge of any password not their own shall immediately report it to their supervisor. The supervisor shall then take any steps necessary to secure the network. e. Failure to log out of the network for prolonged periods of time can result in unauthorized users accessing the Internet, and logging on to unauthorized sites using the original user's login name. For that reason, If a user knows that he/she will be away from their computer for longer than thirty(30)minutes,he/she will be required to log out of the network. f. No user shall attempt any unauthorized access to the system. Any user found to have engaged in unauthorized access of the Internet may be subject to disciplinary action up to and including termination. g. Incidental and occasional personal use of the Internet will be permitted outside of normal work hours. Personal use of the Internet outside normal work hours will be monitored in the same manner as work-related use of the Internet. h. The user's supervisor or the City Administrator shall authorize initial access to and training for use of the Internet, if there is no supervisor. i. Some information that can be downloaded from the Internet for use may be protected by copyright law(e.g. company logos, news photos). Use of such items by users shall be consistent with copyright law. j. No user shall allow an unauthorized person,whether employed by the City or not,to access the Internet through the City's network for any reason. k. Because the transfer of information via the Internet is not secure, any user transmitting confidential information must do so in writing through the traditional mail system. 1. Users may not access or download resources for which there is a fee without first obtaining prior approval from his/her supervisor or the City Administrator. m. Use of personal software and/or personal Internet accounts is prohibited. n. Users, other than those specifically designated, shall not install, configure, change,or reconfigure any computer,browser, or electronic mail settings on PC's configured to use the Internet. Internetemailpolicy 2 o. Because application software obtained on the Internet may contain embedded viruses or otherwise interfere with the City's network,the City recommends against the downloading to City computers of such software. Only software downloaded must relate to legitimate City purposes. Any and all such software downloaded from the Internet shall be downloaded to the user's local hard drive(C: drive). Files may not be copied to the network unless and until they have been manually or automatically scanned for viruses. If a virus is detected,the City Administrator shall be notified immediately. p. Users shall not participate in Web-based surveys or interviews without prior approval by the user's supervisor or the City Administrator. q. Subscription-based services will not be used without prior approval by the user's supervisor or the City Administrator. Internetemailpolicy 3 CITY OF SHAKOPEE, MINNESOTA E-mail Use Policy V. INTRODUCTION The purpose of providing e-mail to City employees is to facilitate communication and the exchange of information among elected officials, staff,residents, other governments, and those doing business with the City. Because this communication may occur through both internal and external e-mail,this policy applies to both. The purposes of this policy are: D To provide guidelines for secure, effective,and efficient use of e-mail; > To provide guidelines for access to, and disclosure of e-mail messages sent or received by City employees. The use of e-mail must also be consistent with the City's Personnel Policy Manual as it relates to employee conduct. For example,the transmitting by e-mail of obscene or harassing messages, is subject to the same disciplinary measures that would apply if the messages were transmitted verbally. Violation of this policy may result in the application of disciplinary measures up to, and including termination of employment with the City. The following list of prohibited e-mail activities is illustrative, and not inclusive of all activities that might be found to violate this policy: 1. Use of e-mail for activities that are illegal,unethical, unprofessional, or that could reasonably be construed to be contrary to the interests of the City. 2. Unauthorized attempts to access another user's e-mail. 3. Transmission of obscene, sexually explicit,and harassing messages. 4. Transmission of messages that are discriminatory based on race, national origin, sex, sexual orientation, age, disability,religious or political beliefs, or other status protected under law. 5. Accessing or distributions of obscene materials. 6. Using e-mail for commercial use and/or profit. 7. Extensive use of e-mail for personal purposes. 8. Transmission of political messages. II. PROCEDURES a. All users having authorized access to e-mail are required to sign this policy stating that they have read,understand, and agree to the policy. b. Authorized users will be given a"logon"name that allows access to the Internetemailpolicy 4 network. The user will provide a personalized password. Any e-mail communication will be attributed to the logon name and password of the user. c. Both internal and external e-mail messages are considered to be the property of the City of Shakopee, and are subject to disclosure. The City reserves the right, with the approval of the City Administrator,to monitor any and all messages at any time with or without prior notice to the user. The use of a system logon and password are not meant to, and do not convey,any expectations of privacy to the user. d. Users will not divulge their network or e-mail passwords,unless required to do so in the course of their official duties. Any person with knowledge of a password that is not their own shall report it to his/her supervisor immediately. The supervisor will then see that appropriate actions are taken to secure the network. e. No user shall attempt any unauthorized access to the system. Any user found to have engaged in unauthorized access of e-mail may be subject to disciplinary action up to and including termination. f. Incidental and occasional personal use e-mail will be permitted outside of normal work hours. Personal use of e-mail outside normal work hours will be monitored in the same manner as work-related use of e-mail. g. The user's supervisor or the City Administrator shall authorize initial access to and training for use of e-mail, if there is no supervisor. h. Some information that can be downloaded from e-mail for use may be protected by copyright law(e.g. company logos,news photos). Use of such items by users shall be consistent with copyright law. i. No user shall allow an unauthorized person, whether employed by the City or not,to access e-mail through the City's network for any reason. j. Because the transfer of information via e-mail is not secure, any user transmitting confidential information must do so in writing through the traditional mail system. k. Users may not access or download resources for which there is a fee without first obtaining prior approval from his/her supervisor or the City Administrator. 1. Use of personal software and/or personal E-mail accounts is prohibited. • Internetemailpolicy 5 m. Users, other than those specifically designated, shall not install, configure, change,or reconfigure any computer,browser, or electronic mail settings on PC's configured to use e-mail. n. Because application software obtained on e-mail may contain embedded viruses or otherwise interfere with the City's network,the City recommends against the downloading to City computers of such software. Only software downloaded must relate to legitimate City purposes. Any and all such software downloaded from e-mail shall be downloaded to the user's local hard drive(C: drive). Files may not be copied to the network unless and until they have been manually or automatically scanned for viruses. If a virus is detected,the City Administrator shall be notified immediately. o. Subscription-based services will not be used without prior approval by the user's supervisor or the City Administrator. Internetemailpolicy 6