Loading...
HomeMy WebLinkAbout12/05/1995 TENTATIVE AGENDA REGULAR SESSION SHAKOPEE, MINNESOTA DECEMBER 5, 1995 LOCATION: City Hall, 129 Holmes Street South Mayor Gary Laurent presiding 1] Roll Call at 7: 00 P.M. 2] Approval of Agenda 3] Recess for E.D.A. Meeting 4] Re-convene 5] Liaison Reports from Councilmembers 6] Mayor's Report 7] RECOGNITION BY CITY COUNCIL OF INTERESTED CITIZENS 8] Approval of Consent Business - (All items listed with an asterisk are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda. ) *9] Approval of Minutes: None 10] Communications: 11] 7: 00 P.M. PUBLIC HEARINGS: a] 1996 Tax Levy and Budget - Res. Nos. 4353 and 4354 b] Vacation of A Portion of Easements Within Lot 1, Block 1, Valley Park 4th Addition - Res. No. 4361 c] Vacation of A Portion of Alley within Market Place - Res. No. 4362 ;d�_ Propoed .Improvements to 17th Avenue and Sarazin St. Project No. 1996-1 - Res. No. 4357 12] Recommendations from Boards and Commissions: *a] City Donations for Marketing Purposes 13] Reports from Staff: *a] Purchase of Unused Holiday Time *b] Time Extension to Record Final Plat of Stonebrooke 2nd c] Hearing on an appeal of the Board of Adjustment and Appeals limiting hours of operation for PC-732, SSG Corporation conditional use permit TENTATIVE AGENDA December 5, 1995 Page -2- 13] Reports from Staff continued: *d] Electric Contract for 1996 *e] Abatement of Special Assessments *f] Approve Bills in the Amount of $143 , 319. 46 g] Construction of Deck Within Upper Valley Drainage Easement - Ord. No. 442 *h] Agreement for Assessment Services for 1996 I] Joint Powers Facility Use Agreement with Shakopee School Board j ] Police Sergeants Labor Agreement k] 1996 Non-Union Pay Plan - Res. No. 4352 14] Resolutions and Ordinances: *a] Res. No. 4334 - Canceling Debt Service Levies *b] Ord. No. 440 - Repeal of Liquor Insurance Policy Filing Requirement *c] Ord. No. 441 - Extending Lodging Tax Indefinitely *d] Res. No. 4363 - Amending Special Assessments for The VIP Interceptor Extension *e] Res. No. 4364 - Amending and Ratifying Assessments for Downtown Streetscape Project, 1993-12 *f] Res. No. 4355 - Accepting Work on Vierling Drive From CR-15 to Presidential Lane, 1994-7 *g] Res. No. 4356 - Accepting Work on 1995 Pavement Preservation Project, 1995-10 *h] Res. No. 4360 - Requesting Advance Encumbrance of Funds From State Aid Construction Fund *I] Res. No. 4365 - 1996 Fee Schedule 15] Other Business: a] b] 16] Adjourn to Tuesday, December 19, 1995 Dennis R. Kraft City Administrator 1 MEMO TO: Honorable Mayor and City Council FROM: Dennis R. Kraft, City Administrator RE: Non Agenda Informational Items DATE: December 1, 1995 1. Attached are the Planning Commission and Board of Adjustment and Appeals agendas for December 7, 1995. 2. Attached are the Shakopee Cable Commission minutes of the November 18, 1995 meeting. 3. Attached is the Business Update from. City Hall for December.. 4. Attached is the December calendar of Upcoming Meetings. 5. Attached is correspondence from the City Administrator to Chief Judge Ed Lynch, Dakota County Government Center regarding Res.No. 4331. 6. Attached is the Monthly Project Report from the Engineering Department. 7. A short dedication ceremony will be held prior to the High School. Hockey Game on December 12th at the Civic Center. More info will be distributed as it develops. 8. Attached is a memorandum from the Staff Engineer regarding street width report review process. TENTATIVE AGENDA PLANNING COMMISSION Regular Session Shakopee,MN December 7, 1995 Chairperson Terry Joos Presiding 1. Roll Call at 7:30 P.M. 2. Approval of Agenda 3. Recognition by Planning Commission of Interested Citizens. 4. Approval of Consent Agenda- (All items listed with an asterisk(*) are considered to be routine by the Planning Commission and will be enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence on the agenda). 5. * Approval of the November 9, 1995,Meeting Minutes 6. 7:50 P.M. Public Hearing: To consider the preliminary plat of Hauers 5th Addition, located west of Hauer Trail, south of CR 16, and north of Park Ridge. Applicant: Gene&Virginia Hauer and Jane Hauer 7. 7:55 P.M. Public Hearing: To consider an application for an amendment to the Valleyfair Planned Unit Development(PUD) to incorporate Lots 1, 2 and 3, Block 1,Prairie House 2nd Addition, into the PUD. Applicant: Cedar Fair Limited Partnership 8. 8:00 P.M. Public Hearing: To consider an amendment to Chapter 11, The Zoning Chapter, for a Map Amendment to rezone forty(40) acres of land at 1785 West County Road 42, which is located north of County Road 42, east of County Road 17, south of Wood Duck Trail, from Rural Residential (RR)to Agricultural Preservation Zone(AG). Applicant: City of Shakopee 9. 8:05 P.M. Public Hearing: To consider an amendment to Chapter 11, The Zoning Chapter, Section 11.60, Subd. 8 for a Text Amendment to reduce the Landscaping Requirements. Applicant: City of Shakopee 10. * Final Plat: To consider the final plat of Market Place 2nd, located at 5th Avenue and Market Street. (Tabled at November 9,1995, meeting.) Applicant: Klingelhutz Development Company 11. * Vacation: To consider the vacation of the forty foot(40') drainage and utility easements located between Lots 4 and 5,Block 1,Valley Park Sixth Addition. Applicant: Ashland,Inc. 12. * Vacation: To consider the vacation of drainage and utility easementsbetween Lots 1 and 2, and between Lots 2 and 3,Block 1,Prairie House 2nd Addition. Applicant: Cedar Fair Limited Partnership 13. Other Business a. Real Estate Signs in the Public Right-of-Way 14. Adjourn Paul Bilotta Planning Director Note to Planning Commission Members: If you have any questions or need additional information on any of the above items,please call Julie or Shelly on the Monday or Tuesday prior to the Meeting. If you are unable to attend the meeting,please call the Planning Department prior to the meeting. i:\pl arming\boaa-pc\199 5\pc 1207\agenda.pc TENTATIVE AGENDA BOARD OF ADJUSTMENTS AND APPEALS Regular Session Shakopee, MN December 7, 1995 Chairperson William Mars Presiding 1. Roll Call at 7:30 P.M. 2. Approval of Agenda 3. Approval of November 9, 1995, Meeting Minutes 4. Recognition by Board of Adjustments and Appeals of Interested Citizens. 5. 7:30 P.M. Public Hearing: To consider an application for a conditional use permit to operate a car sales lot at 1442 West Third Avenue. Applicant: Jeff DeWitz Action: Resolution No. 737 6. 7:35 P.M. Public Hearing: To consider an application for a conditional use permit to allow two (2) principal structures on one lot. The subject site is located at 4401 Valley Industrial Boulevard South, Lots 4 and 5, Block 1, Valley Park Sixth Addition. Applicant: Ashland, Inc. Action: Resolution No. 736 7. 7:40 P.M. Public Hearing: To consider an amendment to Conditional Use Permit No. 714 to allow the retail sales of classic automobiles and automobile parts at 1513 County Road South. Applicant: Classics' Plus Action: Resolution No. 738 8. 7:45 P.M. Public Hearing: To consider an application for a conditional use permit to operate a photography studio at 314 Scott Street South. Applicant: Ronald Kosse Action: Resolution No. 739 9. Other Business 10. Adjourn Paul Bilotta Planning Director Note to the B.O.A.A.Members: 1. If you have any questions or need additional information on any of the above items,please call Terrie or Shelly on the Monday or Tuesday prior to the Meeting. 2. If you are unable to attend the meeting,please call the Planning Department prior to the meeting. (i:\planning\pc_boaa\1995\pc 12071agendaboa) Shakopee Cable Commission meeting minutes 11-18-95 Individuals present. Bill Anderson Bob Ziegler Jim Bastyr Bill Harrison Larry Monnen Don Macneil Lee Mahrer Paul Ryan The meeting was called to order at 11.00 A M Discussion began about the move of the Shakopee Public Access television studio to it's new location in the Shakopee community center. Lee Mahrer was introduced as a consultant who has designed many television stations. Mr. Mahrer gave a brief summary of his qualifications. It was agreed upon that Mr Mahrer and Mr. Ryan would work together for the next two weeks and come up with a "wish list" and studio layout. Mr Mahrer would then meet with the commission and present a proposal for the design and installation of the new studio Discussion then focused on what needs were most important for the new studio. It was agreed that the following items were the most important " Master computerized routing system for all audio and video signals Moving expenses Auto programmer for shows " Rack for all components x Track system for studio backdrops M r. Ziegler reported that we have approximately $30,000 to spend He said he would talk to Mr Barry Stock about getting the additional funds owed to us Mr. Ryan said he would talk to Mr Stock about the installation of cable to the new studio location. Mr. Macneil asked if the high school had capabilities for broadcasting through our public access station. Mr Mahrer replied that he had wired the school years ago for broadcast and that they had their own channel The next meeting was set for Saturday, December 2, 1995 at 9.00 A M at the existing Shakopee Public Access studio. I+3 BUSINESS UPDATE FROM CITY HALL Volume 9 No.12 Dear Chamber Member: December 1, 1995 Community Development Park & Recreation On November 21, 1995 the Shakopee City Council A special welcome to Ron Stellmaker who has approved the establishment of a Tax Increment recently accepted the Recreation Superintendent District for the properties located within Blocks 3 & position with the City of Shakopee. Prior to his 4 Downtown Shakopee. The City is currently employment here in Shakopee, Mr. Stellmaker was continuing it's efforts to secure friendly acquisition the General Manager of the Eagan Athletic Club. of the properties located in these two blocks. Mr. Stellmaker's primary responsibilities will Several property closings are anticipated before year include operational management responsibilities end. associated with the new civic center facility. Mr. Stellmaker's background also includes previous In a related matter,the Shakopee Economic experience in ice arena management. Development Authority tabled action on the completion of a analysis to determine whether or The Shakopee Civic Center facility is nearing not certain structures within Blocks 3 &4 could be completion. The ice arena portion of the facility relocated and/or rehabilitated. The analysis would will open on December 1st as scheduled. Open also include a estimated cost for demolition. The skating hours will be available when the entire civic EDA felt that it would be better to pursue this idea center facility is completed. The projected facility after several property acquisitions have been completion date is scheduled for January 15th. A completed. special ice arena sneak preview week will be held during Christmas week. Between December 26th Engineering/Public Works and December 29th free open skating will be made available to the general public between the hours of The Engineering Department has been busy during 12:00 noon and 4:00 p.m. the month of November in getting projects that won't be completed until next year ready for the The Recreation Department staff is currently putting winter. This included Fuller Street from 10th Ave. together the Winter program guide which is to Vierling Drive, Downtown Alleys, C.R. 16 scheduled for distribution in late December. The Sanitary Sewer and Watermain, and private guide will provide a summary of all upcoming subdivision work. Staff is currently preparing recreation programs and will specifically address feasibility reports for street reconstruction projects new programs that will be scheduled in the civic for next year. center. Most notably will be an expanded gymnastic and aerobic programs. Persons interested in acquiring individual or family memberships for the Shakopee Civic Center facility should contact the Recreation Department staff at 445-3650. Planning Board of Adjustment and Appeals-At its Zone and Residential Zones, as well as the November 9, 1995,meeting,the Board of standards in the Highway Business (B-1)Zone. Adjustment and Appeals approved an application for a Conditional Use Permit for SSG Corporation, Requests for the vacation of drainage and utility allowing the two buildings on one lot and the easements in Lot 1, Block 1, Valley Park 4th operation of a gas station and car wash. The hours Addition and the vacation of an alley in Market of operation for the gas station and car wash were Place 1st Addition were recommended for approval limited to 6 am to 11 pm. to the City Council. A memo was forwarded to the City Council Police providing each Board members recollection of their interpretation regarding the end date of operations The Arrive Alive traffic project focused on for the Fischer Mine. excessive speed, and was conducted in Scott and Carver County. Problem areas monitored included Planning Commission-At its November 9, 1995 East 1st Avenue and Marschall Road near the Junior meeting,the Planning Commission recommended High School. 300 citations were issued in approval of an Amendment to the Public Mini- Shakopee as part of the Arrive Alive project. Storage Planned Unit Development to allow the construction of a 12 x 40 expansion of an existing Scott County Sheriff's Office and Shakopee Police structure to provide additional office space. Department have announced their partnership with Approval was also recommended to the City the Minnesota Department of Public Safety's Safe Council on an amendment to the Minnesota Valley & Sober campaign, a year-long, statewide highway Health Campus Planned Unit Development to traffic safety program aimed at reducing alcohol- decrease the size and alter the footprint design of related fatalities and increasing safety belt and child the long term care facility and to relocate the seat usage in Minnesota. Together, we have joined driving and parking facilities from the northern the Minnesota State Patrol and over 40 other portion of the lot to the southern portion of the lot. enforcement agencies from around the state in support of this campaign. The Planning Commission denied a text amendment to Chapter 11 (Zoning) of the City Code allowing The Minnesota Safe& Sober campaign is part of a retail sales of nursery and garden supplies as a nationwide effort funded by the national Highway Conditional Use in the Rural Residential (RR) Traffic Safety Administration. Zone. The Commission then initiated the rezoning of a 40 acre parcel, owned by Minnesota Green The Safe & Sober campaign uses two tools: Landscaping, from Rural Residential (RR)to education and enforcement. Throughout the year, Agricultural Preservation(AG)where retail sales of publicity will be used to raise awareness of the risks nursery and garden supplies are allowed as a of impaired driving and failure to use seat belts and Conditional Use. child safety seats. Approval was recommended for amendments to Chapter 11 (Zoning)relating to the Design Standards for the Agricultural Preservation(AG) December 1995 * LI Upcoming Meetings SUN MON TUE WED THU FRI SAT 1 2 3 4 5 6 ? 8 g 4:30pm SPUC 7:00pm City 7:30pm Planning Council Commission 10 11 12 13 14 15 16 1? 18 1g 20 21 22 23 7:00pm Park and 7:00pm City 5:30pm Recreation Council Community Development Commission 24 25 26 27 28 2g 30 City Hall Closed 3 1 November 1995 January 1996 SMTWTFS SMTWTFS 1 2 3 4 1 2 3 4 5 6 5 6 7 8 9 10 11 7 8 9 10 11 12 13 12 13 14 15 16 17 18 14 15 16 17 18 19 20 19 20 21 22 23 24 25 21 22 23 24 25 26 27 26 27 28 29 30 28 29 30 31 11/22/1995 frk PI°ILA! SHAKOPEE November 22, 1995 Chief Judge Ed Lynch Dakota County Government Center Highway 55 Hastings, Mn 55033 Dear Judge Lynch: The Shakopee City Council has serious concerns about the enforcement of traffic laws in the City of Shakopee. Both the City and Independent School District 720 (the Shakopee School District) are attempting to have speed limits in the vicinity of the Shakopee Junior High School lowered. The City is now engaged in an accelerated program of enforcement of speed limit laws in this area. Recently,the Shakopee Police Department, in conjunction with other area police departments and the Minnesota State Patrol engaged in a cooperative venture to enforce speed limits as a part of the Arrive Alive Program. The purpose of this program is to reduce accidents and speeding in areas that have experienced a higher than average levels of accidents and speeding violations. The City Council's specific concerns in this area are outlined in the attached resolution. If a similar situation should arise whereby a large number of speeding tickets are once again issued the City Council would very much appreciate the support of the court system in fully enforcing traffic laws against all violators. If you have questions about the City Council's intent please do not hesitate to contact me. Thank you very much for your consideration of this subject. Sincerely, /(hWevJ Dennis R. Kraft City Administrator Attachment DRK:trw CC: Shakopee School Board Dr. Vicki Petzko Gary Cunnin ham CO E SINCE 1857 129 Holmes Street South• Shakopee,Minnesota• 55379-1351 • 612-445-3650 • FAX 612-445-6718 RESOLUTION NO. 4331 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, URGING SCOTT COUNTY DISTRICT COURT JUDGES TO RESPECT THE EFFORTS OF LOCAL LAW ENFORCEMENT OFFICERS. WHEREAS, the City recently participated in the Arrive Alive program, which has as its goals : to reduce accidents and speeding in areas that have a history of accidents and/or speed violations; and WHEREAS, local and area law enforcement officers spent dozens of hours in a collaborative effort to stop violators of our state' s driving laws, especially speeding; and WHEREAS, the officers targeted law breakers specifically in areas where children are present, where numerous significant property damage and personal injury accidents have occurred, and where our residents are at the greatest risk of harm; and WHEREAS, the concentrated enforcement efforts resulted in 1, 014 violators being ticketed; and WHEREAS, over 300 of these violators were ticketed in Shakopee; and WHEREAS, the officers expected these tickets to be treated with the same respect and consideration as tickets written at other times; and WHEREAS, Shakopee' s residents deserve to have the state laws enforced and respected in order to make their neighborhoods and the City safer; and WHEREAS, violators of state laws need to learn to respect the laws; and WHEREAS, when the violators ticketed during the Arrive Alive program went to court, they were offered a "blue light special" of a lower fine than is customary or indicated on the approved fine schedule; and WHEREAS, the lower fine and the name "blue light special" trivialize the offenses committed; and WHEREAS, local law enforcement personnel and local residents received the message that obedience to speeding laws and other traffic laws is irrelevant to safety and unimportant . NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS : That the Scott County District Court Judges are urged to consider more sensitively and seriously the reasons for law enforcement, and to respect the efforts of local law enforcement officers to uphold state laws . Passed in Apv session of the ity Council of the Ci y Shak e, Minnesota, held this V day of /Vo , 1995 . Mayor o fity of Shakopee Attestilik ,...., ,� City Clerk Approved -s to form: ,me � . ...!gmmr, City Attorney (3CCLRES] Or -2- C CITY OF SHAKOPEE ENGINEERING DEPARTMENT MONTHLY PROGRESS REPORT FOR OCTOBER AND NOVEMBER, 1995 Respectfully Submitted diuteaeog/ Bruce A. Loney Public Works Director PROJECT START COMPLETE STATUS COMMENTS Category I- Projects Under Construction 1. Upper Valley Drainage 9/93 99% See Narrative Section 2. Pierce Street 6/94 99% See Narrative Section 3. Alley in Block 51 7/95 100% See Narrative Section 4. Vierling Drive, Adams St. 7/94 100% to Presidential Lane 5. Murphy's Landing Lift Stations 9/94 100% 6. Sarazin Street(Viking Steel Rd.) 4/95 95% See Narrative Section 7. Downtown Alley Reconstruction 5/95 75% See Narrative Section 8. P&V Reconstruction 7/95 95% 9. Fuller Street 8/95 80% 10. County Road 16 Utilities 8/95 75% 11. St. Francis Sewer&Water Extension 10/95 99% 12. River District Sewer Rehabilitation 10/95 5% 13. Millpond Water Quality Improvement 12/95 0% Category II - Projects In Design 1. Vierling Drive-C.R. 79 to C.R. 77 5/95 8/95 100% In-House Design(Plans Complete) • Category III- Projects Under Study 1. C.S.A.H. 18 Connection 11/93 10% See Narrative Section 2. Maras Street 6/94 12/95 15% See Narrative Section 3. 1996 Reconstruction 4. Gorman Street 5. St. Francis Streets 6/95 11/95 100% See Narrative Section and Storm Sewer 4. St. Francis Storm Sewer Outfall 3/95 11/95 100% See Narrative Section Category IV- Development Projects In Review 1. Orrin Thompson Pre-Application 2. Hauer's 5th Addition Preliminary Plat 3. Market Place 2nd Addition Final Plat 4. Meadows North Preliminary Plat 5. Pinewood Estates P.U.D. Concept 6. Canterbury Pointe Final Plat PROJECT START COMPLETE STATUS COMMENTS Category V - Private Subdivision Construction 1. Maple Trails 6/93 9/94 100% Warranty Period 2. Dominion Hills 6/93 9/94 85% Wear Course Remaining 3. Stonebrooke 2nd Unknown Unknown 0% 4. South Parkview 2nd 6/94 5/95 99% 5. Homestead Ridge 1st 5/93 9/94 100% Warranty Period 6. Homestead Ridge 2nd 9/94 10/95 99% Punch List Items Remaining 7. Minnesota Valley 8th 9/94 10/95 99% Punch List Items Remaining 8. Meadows West 1st Addition 9/94 10/95 99% Punch List Items Remaining 9. Prairie Bend 9/94 10/95 95% Restoration and Wear Course Remaining Category VI - Special Projects 1. CSAH 16 Scott County Plans 8/95 7/96 10% Construction Started 3. Mn/DOT Shakopee Bypass 8/95 6/97 20% Construction Started Segment 2 4. MCWS Sewer Interceptor 8/95 6/96 20% Construction Started 5. Local Transportation Plan RFP's 8/95 11/95 10% Work Scope Being Defined Please refer to the attached narrative section for a more detailed discussion on several of the projects. NARRATIVE SECTION CateMory 1 - Projects Under Construction 1. Upper Valley Drainage Project-Phase II and Shakopee Bypass Drainage Facilities This project is essentially complete except for clean up and miscellaneous items. Final cleanup restoration items of the channel is dependent upon the dryness of the soil in the channel. 2. Pierce Street The alley paving has been done with restoration work complete. 3. Alley in Block 51 The project is complete. 6. Sarazin Street(Viking Steel Road) Roadway construction, sidewalks and turf restoration is essentially complete. Minor restoration areas and corrective work is yet to be done. 7. Downtown Alley Reconstruction The concrete duct bank is installed for the entire project. Restoration of alleys is nearly complete. Anticipated semi-final completion by November 15, 1995 with underground system energized by November 30, 1995. The service conduits are being installed to the buildings. 8. P&V Reconstruction The project is nearly complete with corrective items remaining. 3 9. Fuller Street All utilities have been installed with street base paving complete. 10. County Road 16 Utilities Installation of sewer lines and services is nearing completion. 11. St.Francis Sewer&Water Extension Sanitary sewer and water installation is complete. 12. River District Trunk Sewer Installation of water proof castings on manholes is nearly complete. 13. Mill Pond Bids have been opened with Viet Construction Company of Rogers, MN the low bidder. Staff will bring the bid for awardal consideration at the January 2, 1996 meeting after Army Corp. of Engineer permit approval. Catejiory No. 2 - Projects in Desi'n 1. Vierling Drive Plans are complete and bids were rejected at the September 19, 1995 Council meeting. Project will be rebid over the winter months for a spring construction. Category No. 3 - Projects Under Study 1. County Road 18 Connection This feasibility report is on hold due to the recent court decision which has prevented the County from bidding this project. 4 2. Maras Street A feasibility report has been ordered on this project. There are still two remaining properties that have not dedicated the street. The feasibility report will also identify future street alignment alternatives in order to determine all additional right-of-way needs. Also, the storm water drainage into Savage needs to be reviewed and addressed. Staff will be asking Council approval for additional surveying and drainage engineering services to complete the study. 3. 1996 Reconstruction 4. Gorman Street 5. St.Francis Streets and Storm Sewer The feasibility report will be prepared by OSM for Sarazin Street and 17th Avenue along with the storm sewer outfall from St. Francis site to Mn/DOT linear pond. A study for a Stormwater Trunk Charge will be proceeding in the next few weeks. 6. St.Francis Storm Sewer Outlet Study is complete. Public Hearing scheduled for December 5, 1995. 5 g MEMO TO: Dennis R. Kraft, City Administrator FROM: David M. Nummer, Staff Engineer SUBJECT: Street width report review process DATE: November 30, 1995 NON-AGENDA INFORMATION: The street width report from engineering is almost complete, and staff would like to propose a process for reviewing and approving the document. Since the street width standards are currently included in the Subdivision Regulations, staff is proposing to have the committee which will be reviewing those regulations review the street width report. That group would then make a recommendation to the Planning Commission, who will then make a final recommendation to the City Council. This process is similar to the review process for the Subdivision Regulations and the process which was used to review the Zoning Ordinance last year. Staff will be implementing this process unless the City Council provides direction otherwise. h:\worddocs\memo.doc None - ►3GfRIO ►9 1A. Fp MEMORANDUM DATE: December 4, 1995 TO: Mayor, and Members of the Shakopee City Council FROM: Mark Erickson, Assistant City Attorn /i RE: Shakopee v. Bell CC: Karen Marty Attached is the City's response to Mr. Bell's Motion for a New Trial. The parties agreed to respond in writing rather than argue the matter to the Court. Mr. Bell's main arguments are: (1)there was insufficient evidence to find evidence of harassment, and (2) it was an error in law to issue a restraining order where Mr. Bell does not know who all the petitioners are by name. The City responded that there was an abundance of evidence which established that Mr. Bell was harassing City Hall. It was not necessary to have each and every person in City Hall testify since the City showed there was a pattern of harassment against City Hall as an organization. The City also argued that the Order infers that Mr. Bell can have no contact with those persons that he knows or has reason to know are City officials, employees or family members. We did not oppose the Court amending its Order to clarify this for Mr. Bell. Mr. Bell's attorney is setting up a basis for a possible appeal (if his client chooses to do so or can afford to do so). There is little likelihood that the Court would change its Order except for minor clarifications. The City has a strong case for appeal, given the Court's careful balancing of everyone's interests. However, a favorable Court of Appeals decision is never a sure thing, because this case involves an unsettled area of law. If you have any questions,please feel free to contact me. MAE/bj 1 [11 mem28.doc/1] Attachment STATE OF MINNESOTA DISTRICT COURT COUNTY OF SCOTT FIRST JUDICIAL DISTRICT Gary Laurent, Joan Lynch, Robert Sweeney, Jon Brekke and City Hall staff and their families, Court File No. 95-10283 Petitioners, PETITIONERS' MEMORANDUM vs. Douglas Lewis Bell, Respondent. By agreement of the parties,this memorandum will serve as a response to Respondent's Motion for a New Trial. Petitioners assert there is no basis for a new trial under Minn. R. Civ. Proc. 59.01 (g). Authorization of a new trial based on sufficiency of the evidence should be exercised with caution. Lamb v. Jordan,333 N.W.2d 852 (1983). A new trial should not be granted if the findings are reasonable supported by the evidence. Parish v. Peoples, 214 Minn. 589, 9 N.W.2d 225 (1943). A. The evidence supports a finding of harassment. The Court based its Order on all the testimony and exhibits, including the videotape and tape recorded conversations. The Court specifically found that Respondent had engaged in harassment by"making repeated phone calls to City officials and elected officials,demanding information immediately without prior notice,and threatening the City Hall receptionist that he would drive a car through the window and harm her and others at City Hall." Clearly,the findings of the Court were not based solely on the testimony of the receptionist,but were also based upon all of the phone calls and visits made by the Respondent. The Court heard testimony of repeated phone calls which escalated into threatening statements made by the Respondent. Many of these calls were made to the homes of City officials late at night. In addition to the threat made to the receptionist,the record will show that the Respondent called the Mayor and said,"deal with it ... innocent people are going to get hurt,"and Respondent called the City Attorney and said he would"appeal to a higher authority". There was an abundance of evidence that Respondent constantly requested documents that either did not exist, which were privileged,or which had already been provided. Finally,officials and employees of the City were well aware of Respondent's background,including the offense of arson and his possession of firearms. The Respondent further argues that the Shakopee receptionist is not credible. It is the function of the Court as the factfinder to assess credibility. In this case,the Court decided to believe the receptionist and disbelieve the Respondent. There is no basis to grant a new trial based p P on a disagreement with the Court on credibility. Such an assessment is based on many factors, including the witnesses' demeanor,the nature of their account,and whether the witness' honesty is questionable based on prior dishonest acts.' Such a determination lies within the sound discretion of the Court. In this case,there is every reason to believe the receptionist. She had no reason to lie about the events and in fact was afraid to testify. On the other hand,the Respondent's testimony was inherently incredible. He is a convicted felon,and when asked about the conviction denied the circumstances of the conviction. Most of Respondent's testimony centered on himself as a victim, in complete disregard to the constant harassment of the City. The overwhelming weight of the evidence, including his own tapes, revealed that he would simply not leave City officials alone. B. The Order does not exceed the authority provided by statute. First,the Petition is correct in naming the specific councilmembers and City Hall Staff. In this case,the Petitioner is the City Hall as an entity. Legal entities,to the extent they are"persons" under the law,can petition for restraining orders under Minn. Stat. 609.748. Dayton Hudson Corporation v. Johnson,_N.W.2d_(Finance and Commerce, March 3, 1995). The legislature has defined a municipal subdivision as a"person"under Minn. Stat. 453.52, Subd. 9. Second, it would be impractical to list each and every employee and family member in the Petition. The Petition is clear that the intention is to include the City Hall employees and their families, and such persons can be readily identified. In fact,it is common in harassment orders and order for protections to not include every single person. For instance,orders usually prohibit contact with"family members" without listing each member of the family. Third, in addition to the practical problems, it is not necessary to have every employee and their family members testify. The evidence in this case was overwhelming that Respondent's actions were aimed at City Hall as an organization. Respondent admitted that he was angry at the "City"because the City was the reason he lost his pawnshop and livelihood. The Petitioners' witnesses testified that since Respondent had lost his license,he has repeatedly harassed the City by frivolous requests and threats. The testimony also revealed that Respondent's actions have escalated since his efforts to regain his license have been frustrated. There is no doubt that ' Petitioner particularly objects to Respondent's request for the Court to take judicial notice of an incident at Mystic Lake. This was not presented at the trial,is not a part of the record and is hardly newly discovered evidence. More important,such evidence is plainly objectionable based on relevancy and hearsay. Furthermore,there is no basis to believe that the receptionist even knew about the incident and extremely speculative that somehow she based her testimony on this story. 2 Respondent's contacts have been focused toward the City as an"organization" and therefore it is appropriate to restrain him from those connected with the organization. Finally,the Respondent can easily comply with the Court Order. Given the nature of the criminal laws, it is fair to say that Respondent is prohibited from"knowingly" contacting City employees or family. If Respondent has knowledge of a person's employment with the City,then he must discontinue any contact with that person. Respondent is also well aware of the people who he has dealt with in the past and the people who testified. These persons should be clearly avoided. Respondent can also presume that those persons he calls at City Hall,or persons he would meet at City Hall,would be employees or officials of the City. Therefore,any contact with City Hall without prior arrangements would be a violation of the Order. Any contact with employees or families outside of City Hall would require Respondent to have reason to know the person is an employee or family member of the City. However, the Petitioners would not be opposed to the Court making any clarification that any contact with any person Respondent, "knows or has reason to know" is a City employee or their family member, is prohibited. For the above-stated reasons,the Petitioners respectfully request the Court to deny Respondent's Motion for a New Trial. Dated this Z---1----day of November, 1995. Respectfully, ,,.,....„;<;._, Z7 Mark A. Erickson Assistant City Attorney MAE:bj1 [belrepl.doc] 3 NN - 6 c, ivlopi INFO MEMORANDUM DATE: December 4, 1995 TO: Mayor, and Members of the Shakopee City Council FROM: Mark Erickson, Assistant City Attorney \?/,/ RE: Shakopee v. Spurrier CC: Karen Marty Attached is Conciliation Court's decision in the above matter. The Court decided in favor of the City. This case involved a claim by the City against Mr. Spurrier, who was a driver in the City Van Pool Program. Mr. Spurrier is required to reimburse the City for personal use of the van over 150 miles at the rate of 28 cents per mile. There was a discrepancy in Mr. Spurrier's report for the month of March of 1995, and Mr. Spurrier failed to report his personal mileage for May of 1995. The City was claiming $868.70. Mr. Spurrier counterclaimed for $4000.00. The Court found in favor of the City in the amount of$841.00 ($819.00 plus $22.00 costs). The Court did not give any reason for its decision(nor did it explain why it took$79.00 off the City's request). Mr. Spurrier has until December 11, 1995,to appeal the Order to District Court. After 20 days the amount will be entered as a judgment. If you have any questions,please feel free to contact me. MAE/bj 1 [l lmem28.doc/3] Attachment UCF-9(SCAO 6/93)Judgment and Notice of Judgment Minn.Gen.R.Prac.514 State of Minnesota Conciliation Court COUNTY JUDICIAL DISTRICT CASE No. �)e c,-r-r- fx: 9s' /Ss'v C, NAME AND ADD , NAME AND ADDRESS Oa( `C 0._ crn n Plaintiff Plaintiff Z #1 Nn O ZIP ZIP Vs. \ vs. NAME AND ADDRESS NAME AND ADDRESS //a c Defendant Defendant n n ZIP ZIP Appearances: )(Plaintiff )(Defendant O Neither Party/0 Contested 0 Default Upon a 'deence received, IT IS HEREBY ORDERED: -Q- is entitled to J t against . AUL - for the sum of , plus fees of$ J��, disbursements o v , and conditional costs of $ , foratotalof$ 8f/, 00 . ❑judgment shall be entered in favor of (without damages). ❑ 's claim is dismissed without prejudice. ORDER FOR 0 's claim is dismissed with prejudice. JUDGMENT ON 0 shall immediately return Ctwat AND COUNTER CLAIM to the , and that the Sheriff of the county in which the property is located is authorized and directed to effect repossession of such property according to M.S. §491A.01 subd.5,and turn the property over to ❑ Other/ 0 Memo 7 g ' Dated: I . Judge: lig Ad/ .ii , . i . . _ JUDGMENT i hereby declared and entered as stated in N e Co s er for Judgment set forth above, and the JUDGMENT judgment shall become finally effective on the date specified in th= n.ti of judgmeut.syet forth below. Dated: // ), ` . Court Administrator/Deputy: (' THE PARTIES ARE HEREBY notified that Judgment has entered as indicated above,but the Judgment is stayed by law until / j) , / v /p.m.(to allow time for an appeaUremoval if desired). Nance OP DATE TIME IUDGMFNT THE PARTIES ARE FURTHER NOTIFIED that if the cause is removed to district court and the removing piny does not prevail as provided in Rule 524 of the Minnesota General Rules of Practice for the District Courts,the opposing party will be awarded$50 as costs. Dated: . Court Administrator/Deputy:' I certify that the above is a correct transcript of the Judgment entered by this Court. TRANSCRIPT OP JUDGMENT Dated: . Court Administrator/Deputy: PLANTIFF'S COPY- READ REVERSE SIDE FOR IMPORTANT INSTRUCTIONS MEMO TO: Honorable Mayor and Council FROM: Dennis R. Kraft, City Administrator SUBJECT: Indian trust land issues Attached please fmd two items relating to Indian trust issues. The first item is a resolution adopted last week by the National League of Cities at their annual meeting in Phoenix and the second is a copy of an article which appeared in the NLC Newsletter which is sent to all state league of offices. Please see me if you have any questions. This is for information only,no action is required. RESOLUTION - #1 TRIBAL SOVEREIGNTY 1 2 WHEREAS, pursuant to treaties between the Congress of the United States and 3 the several Indian tribes, Indian tribes are deemed to be independent 4 nations with all governing powers other than those specifically denied 5 by the Congress; and 6 7 WHEREAS, it should be the responsibility of the Congress to provide for the 8 equitable coexistence of the sovereign tribes and local governments; 9 , and 10 11 - WHEREAS, recent court decisions have had subsequent impacts on the ability of 12 cities and towns in proximity to or within tribal lands to provide and 13 maintain traditional municipal services; and 14 15 WHEREAS, those impacts include, but are not limited to, restrictions on the ability 16 to impose taxes upon tribal property and activities within cities and 17 towns, or to regulate the use of such property; and 18 19 WHEREAS, many members of Congress are unaware of the implications of those 20 federal judicial decisions on the ability of local governments to deliver 21 services; 22 23 NOW, THEREFORE, BE IT RESOLVED that the National League of Cities inform the 24 members of Congress and the Administration on the implication of 25 court decisions on local governments; and 26 27 BE IT FURTHER RESOLVED that the National League of Cities establish a 28 collaborative effort with national public interest groups for further 29 study of the vast array of tribal sovereignty issues, including, but not 30 limited to: (1) the impact of non-taxable trust lands on local property 31 tax bases; (2) the obligation of local governments to provide services 32 without receiving revenue for those services; (3) the inability of cities 33 and states to exercise such police powers as zoning, subdivision, 34 building, and environmental regulations; and (4) gambling and gaming; 35 and 36 37 BE IT FURTHER RESOLVED that the National League of Cities convey to the 38 Congress the need to establish a balance between the sovereign rights 39 of tribal governments and the need for local governments to equitably 40 provide basic vital services for all of the citizens. 105 2'd S31113 NW 30 310:01 PS:O t S6, SO MG Atsul Lairruit )301 Pennryivonic 4veooe NW,U7nrSngtnr, D.0 20004 (202) 626 3090 Nix For Sante f,'unir�:,1 tecgues Lorg:e November 1995 Vol 95,No. 11 Washington Voters LMC Creates Task Force on Indian Sovereignty Issues Reject Budget-Busting by Asea B. Atherton, LMC Intergovernmental Relations Representative "Takings" Bill In response to concerns ex- ment to extend by Michelle/Harvey, A WC Comtnunica- pressed by some of our mem- services with- tions Coordinator bers, the League of Minnesota out compen- Washington state voters re- Cities convened an informal sation. - — - -- jected Referendum 48 earlier this meeting on Indian Sovereignty Membership on the newly month, which issues on Friday, August 30, created task force is open to any would have en- AWC 1995. City officials from around city officials interested in par- acted far-reaching the state attended the meeting to ticipating. In addition, members state "takings" discuss their common concerns of the public have also been wel- legislation by a margin of 60% and possible ways the League come to attend the meetings. to 40%. The measure would could be of assistance. As a re- One of the primary goals ex- have forced payment to land- suit, the League's Board of Di- pressed by task force members owners whose land value de- rectors created an Indian Sover- was to increase their level of un- creased by any amount due to eignty Issues Task Force on Sep- derstanding of the vast array of public interest regulations and tember 21, 1995. Indian Sovereignty issues. In safety, health and environmental At the August meeting, sev- keeping with this education ef- standards. The initiative also eral officials cited examples of fort, several individuals from di- would have required increased positive experiences with sur- verse backgrounds have ad- government bureaucracy to pro- rounding Indian tribes, but dressed task force members in- duce expensive "takings" impact "tenous" was the description eluding county officials, an at- studies prior to adopting regula- most often used to characterize tomey whose firm specializes in tions or imposing restrictions on the current state of these rela- Indian law, a governmental rela- land use. tionships. In addition, a shared tions consultant for Indian reser- Throughout the legislative set of core concerns emerged, vations, the executive director of session, the Association of Wash- specifically, (1) the erosion of the Minnesota Indian Affairs ington Cities (AWC) coordinated the property tax base created Council, and an attorney who is strategies with the organizations when land is put into trust, (2) currently representing the city of that eventually formed the nu- the inability to regulate on In- Shakopee on a trust land issue. cleus of the "No on 48" cam- dian lands, and (3) the require- (Continued on page 3) paign. AWC operated on two levels t NLC ADA Project. . .page 2 during the Referendum 48 cam i' t State League Programs . , page 3 paign. Although city officials L t Getting Ready for Devolution . . .page 4 voted to oppose Ref. 48, AWC f CoC Voting Procedures. . .page 5 felt it was essential to provide j - f Regional League Meetings. . .page 7 cities with balanced, educational f Enterprise Zone. . . page 8 • f Steering Committee Report. . . insert (Continued on page 6) 2'd S3I 1I3 NW 30 3f19ti31 E i:E i S6, L2 AO J Spotl�ght on State League Programs The session used an in- teractive format in whichp ar- .. —_--. ticipants spoke one-on-one IML Survey -�, officials deal with the costs of and in small groups in order Documents High mandates every day. They to explore and learn to re- Costs of know firsthand the difficulty re- spect their differences. The Unfunded Mandates of diverting local taxes to participants work in youth Unfunded state mandates state priorities rather than lo- services, senior services, impose staggering costs for II- cal priorities." counseling, general assis- tance, municipalities, according The passage of a Constitu- tional lance, and other social-service to a new survey conducted by floral Amendment on un- funded State University,the funded mandates is IML's top areas. The "A World of Differ- Illinois Municipal League priority for 1996. In 1992, Differ- ence" project of the ADL is a (IML) and the City of Chicago. over 80%of Illinois voters national education project The Burden of Unfunded yes to an advisory that promotes respect for and State Mandates: A Survey of ballot question concerning the understanding of racial,telt Illinois Municipal Costs docu- mentsopportunityvote regional spending by Il- linois municipalities imposed ing unfunded mandates. ' by unfunded state mandates. Sixty-seven Illinois communi- ties • C^C �� ' Y' ties responded to the survey, CCM's Diversity `._ including the state's five largest Training Benefits FR ':i..::_.--- .::, municipalities. Towns and Cities r' - i. Among the findings of the Social-services officials -,•.-..,...:-.-Y r t surrey are: from 14 towns and cities in ..• A • Both large and small cities � ` •'• "- g the great New Haven area tnno �� that $z ,�• are affected by the unfunded participated in a pilot of di- city.,.:;m n,get• .. ,, �R.. ' mandate problem. versity training at the Con- + ,. f r 1 ' , tri, • Responding cities docu- necticut Conference of Mu- mented over$146 million ins M nicipalities(CCM). costs related to state mandates. CCM presented the pro- • As a percent of their gram with the assistance of a ',:,:... budget, small municipalities grant from the Community -x. •;; 1 - may be spending more on un- Foundation of Greater New LMC . . .from page 1. funded state mandates than Haven to the Anti-Defamation Task force members understand larger communities. League(ADL)of B'nai Brith. their future direction as follows: • Although Chicago's top The"A World of Difference (1) to continue to educate mem- unfunded mandates differ from Project"of ADL conducted bens on Indian Sovereignty is- other cities in the survey,the the training, sues; (2) to improve the lines of unfunded mandates problem is The three-hour seminar communications between local a statewide dilemma. explored diversity awareness, units of government and Indian "The findings of this report communication techniques, tribes; and (3) to act as a re- are not news to local officials," and attitudes and stereotypes pository of relevant data. according to Ken Alderson, that inhibit cooperation and Minnesota is not the only IML executive director. "Local communication. (continued on page 6) 2'd S3IIID HN JO 3nryr+31 or:9T Sr.. _= nON c,.;76..Ar LM . from page x. Reolution on November 16. Af- "We endeavored to provide a state in which cities have turned ter some discussion, the Board balanced overview of the issue their attention to Indian Sover- adopted the resolution and for- and fortunately many local eignty issues. In response to warded it to NLC's FAIR Corn- elected officials acknowledged concerns raised at the Western mittee. The Minnesota Resol- the severe implications and ef- Municipal Conference,the tuion will be considered along fectively and successfully op- Wyoming Association of Mu- with the Wyoming Resolution in posed the measure,"said AWC nicipalities drafted and for- Phoenix. executive director Stan Finkel- warded to the National League AWC. . .from page 1. stein. "The citizens of Washing- of Cities a resolution relating to material. - ton voted not to jeopardize their Indian Sovereignty. The Wyo- Staff prepared a series of ad- quality of life,"he added. ming Resolution will be con- visories that were sent to may- Washington is the third state sidered by NLC's Finance, Ad- ors, managers, planners and at- to consider the"takings' doctrine ministation and Intergovern- torneys. Content included: in a public referendum--and is mental Relations (FAIR) Com- • Objective analysis of Ini- the third state to reject it. In mittee at the Congress of Cities tiative 164/Referendum 48; 1994,Arizona voters rejected a in Phoenix. • Pro and con arguments; "takings" impact-assessment law Upon being informed that • Financial implications by a 60%to 40%margin. And the FAIR Committee would be based on an outside study con- in 1986,Rhode Island citizens dealing with this issue, mem- ducted by the University of voted 67% to 33%to amend bers of the LMC Indian Saver- Washington; their state constitution,adding eignty issues task force consid- • Campaign guidelines for the following language to reject Bred the Wyoming Resolution at elected officials and staff; and radical interpretations of the their meeting on October 27. • Contingency planning for "takings"clause:"Private prop- After considerable discussion, Ref. 48 implementation. erty shall not be taken for public the task force members decided If Ref. 348 passed, AWC had use,without just compensation. not to approve the Wyoming a contingency plan. A 300-page The powers of the state and of Resolution in its current form. notebook containing ordinances, its municipalities to regulate and Instead, a"proposed Minnesota analysis of risks, legal analysis, control the use of land and water Reolution" was approved. sample approaches and eco- in furtherance of the preserva- The proposed Minnesota nomic impacts was printed and tion,regeneration, and restos- Resolution is similar to the ready to mail the day after elec- tion of the natural environment, Wyoming Resolution with sev- tions. Staff put together regional ...shall not be deemed to be a eral important modifications. workshops to get people started public use of private property." Perhaps most significantly, the on implementation. Now that Ref. 48 has been clause asking for Congressional On the campaign side, AWC defeated,city officials in Wash- action to affirm that tribal sov- worked with"No on 48"staff ington are concentrating on find- ereignty applies only on lands to: ing solutions to legitimate land established by treaty or subse- • Train city officials on use problems. The issue of how quent acts of Congress was campaign messages (campaign to address property rights will removed. Additionally, a clause material was sent to home ad- not disappear with the defeat of was added to request further dresses only). Ref. 48. AWC realizes that leg- sutdy of specific issues of par- • Provide information to me- islators will be looking for ways titular concern to cities. dia and develop reporter con- to focus a property rights bill The League of Minnesota tarts. that reflects real issues and prac- Cities' Board of Directors con- • Find city officials to speak tical solutions. sidered the proposed Minnesota at local events/forums. AWC is preparing infomna- (continued on page 7) £'d S3I1 I J NW JO 3f19ti31 217:91 S6, L2 AON TENTATIVE AGENDA ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF SHAKOPEE, MINNESOTA Regular Session December 5, 1995 1. Roll Call at 7:00 P.M. 2. Approval of the November 8, 1995 minutes 3. EDA Bill List 4. Other Business a) Blocks 3 & 4 Acquisition Process -Verbal Update b) 5. Adjourn Dennis R. Kraft Executive Director OFFICIAL PROCEEDINGS OF THE ECONOMIC DEVELOPMENT AUTHORITY REGULAR SESSION SHAKOPEE, MINNESOTA NOVEMBER 8, 1995 President Beard called the meeting to order at 7:04 P.M. with Comm. Morke, VanHorn, Brekke, Laurent, Sweeney, and Lynch present. Also present: Dennis R. Kraft, City Administrator; Barry Stock, Assistant City Administrator; Karen Marty, City Attorney; Judith S. Cox, City Clerk; Bruce Loney, Public Works Director/City Engineer; and Paul Bilotta, Planning Director. Lynch/Morke moved to approve the October 3, 1995 Minutes. Motion carried unanimously. Morke/Brekke moved to remove the Request to Utilize EDA Property from the table. Motion carried unanimously. Barry Stock stated that this item was tabled at the last meeting at the request of Commissioner Van Horn because someone had expressed an interest in purchasing this property. The party is no longer interested. He explained there are new requirements that call for the ongoing monitoring of ground water near surface station sites to insure contamination is not occurring. Amoco is interested in using E.D.A. property and in return for use of the property, Amoco would pay the Shakopee Economic Development Authority $1,000 per year for three years. He requested authorization to execute the agreement between Amoco Corp. and the E.D.A. Brekke/Lynch moved to authorize the appropriate EDA officials to execute an agreement by and between the Shakopee EDA and Amoco Corporation for the completion of soil borings and the installation of a monitoring well on the property located at the intersection of Scott St. and Levee Drive for an annual reimbursement rate of$1,000 and a duration not to exceed three years. Motion carried unanimously. Barry Stock stated a final development plan has not been developed for Blocks 3 & 4. A proposal has been obtained from BKBM Engineers to complete an engineering evaluation of the former City Hall building at a cost not to exceed $7200 plus reimbursable expenses. The proposal is to obtain an analysis of a particular building to get a general idea of the cost of relocation, demolition or rehabilitation, and use it as a guide in estimating the cost for other buildings. Comm. Sweeney discussed a common stairway between the former City Hall building and another building, and the problems relating to the bank vault. Barry Stock explained purchase agreements are close to being executed for a few properties not classified as historical, and suggested the EDA may want to wait until the acquisition of each building is secured before conducting an analysis. A discussion followed relating to whether an analysis should be conducted only on a building with historical value. • Official Proceedings of the November 8, 1995 Shakopee Economic Development Commission Page -2- Comm. Brekke suggested staff rank each building in order of appropriateness for renovation, relocation, and historical value. Pres. Beard stated the one thing certain is the CDC and Council are moving ahead with the acquisition of Blocks 3 &4 as cash is available. Consensus was to bring back the proposal to do an engineering evaluation as buildings are secured. No further action was taken. Nicole Bennett, Planner, explained that Randy Laurent is planning to remodel a building on Fuller Street with exterior improvements to include a new roof, awnings, window improvements and facade improvements using brick and stone. She stated that the estimated cost for exterior improvements is $174,771.00 and the CDC has recommended a grant award of $19,862.50. Roofing improvements are not included in the grant guidelines but the CDC felt the roofing parapets were within the historical theme. Brekke/Morke moved to approve a Rehab Grant to Randy Laurent in the amount of$19,862.50 for brick and stone work, awnings, and roofing parapets. Sweeney/Brekke move to amend the motion by striking the amount for the awnings from the Grant. Randy Laurent approached the podium and explained the intended use for the awnings. Motion failed with Cncl. Sweeney in favor and Commissioner Laurent abstaining.. The main motion carried unanimously with Comm. Laurent abstaining. Lynch/Morke moved to approve Bills in the Amount of$30,080.48. Motion carried unanimously. Sweeney/Brekke moved to add 13g) Contract with Centres Group from the City Council Agenda to the EDA Agenda, item No. 7. Motion carried unanimously. Karen Marty reviewed each paragraph of the Centres Group agreement pointing out preconditions. She stated there were no special favors given and the normal procedures must be followed for approval. Paragraph 3, page 4 was identified as a key paragraph, agreeing to agree at a later date. Pres. Beard asked for direction regarding the blanks in paragraph F relating to a termination date for the agreement. Karen Marty stated Centres Group is expected to fill in the blank date. Comm. Brekke proposed December 31, 1996 as the date the agreement shall terminate if closing has not been held before this date, absent serious input from Centres Group. Official Proceedings of the November 8, 1995 Shakopee Economic Development Authority Page -3- Brekke/Lynch moved to set the date, December 31, 1996 or such earlier date as suggested by Centres Group (for paragraph 51. relating to the termination of the agreement). Motion carried unanimously. Sweeney/VanHorn moved to authorize the appropriate EDA officials to enter into an agreement with Centres Group, Ltd. Motion carried unanimously. Sweeney/Lynch moved to forward the EDA recommendation to enter into an agreement with Centres Group, Ltd. to the City Council. Motion carried unanimously. Having no other business to come before the Shakopee Economic Development Authority, President Beard adjourned the meeting at 7:56 P.M. to December 5, 1995. u-ettlk C\IC, 'th S. Cox A Secretary Esther TenEyck Recording Secretary n,4 # 3 TO: Dennis R. Kraft, Executive Director FROM: Gregg Voxland, Finance Director SUBJ: EDA Bill List DATE: November 30, 1995 Introduction Attached is a listing of bills paid on behalf of and charged to the EDA for the period 11/1 to 11/30. Action Requested Move to approve bills in the amount of $48.09. ACTIVITY REPORT as of 11/30/95 CHECK TRANS SUB FND DIV PROG OBJ DATE NO VENDOR DESCRIPTION REP SYSTM DEBIT CREDIT 115 19 0191 4210 11/28/1995 ALLOCATE OFFICE SUPPLIES 10-95 JE-75 JE 32.03 0.00 115 19 0191 4321 11/28/1995 050322 1842 A T & T WIRELES TELEPHONE 003952 IP 16.06 0.00 TOTAL FOR PROGRAM 0191 48.09 0.00 TOTAL FOR DIVISION 19 48.09 0.00 ****TOTAL FOR FUND 115**** 48.09 0.00 *****GRAND TOTAL***** 48.09 0.00 RXACT824 Aim TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director RE: Hearing For The Adoption Of The 1996 Tax Levy And Budget Resolutions DATE: November 30, 1995 Introduction and Background The state requires that the tax levy and the budget be adopted at a hearing subsequent to the public hearing on the tax levy and budget which was November 29th. The Department of Revenue has indicated that the hearing may be held at a regularly scheduled council meeting. Resolution Number 4353 finally adopts the tax levy for payable 1996 . The gross tax levy for 1995/96 is less than the same dollar amount for 1994/95 and 1993/94 pursuant to Council direction on 11/29/95 . It includes reimbursement to the General Fund for 1995/96 debt service levies transferred from the General fund in 1995 . Resolution Number 4354 adopts the 1996 Budget . The budget must be adopted after the tax levy. Action • Open the hearing and call for comments. • Offer Resolution Number 4353, A Resolution Setting the 1995 Tax Levy, Collectable In 1996, and move its adoption. • Offer Resolution Number 4354, A Resolution Adopting the 1996 Budget, and move its adoption. • Close the hearing. RESOLUTION NO. 4353 A RESOLUTION SETTING 1995 TAX LEVY, COLLECTIBLE IN 1996 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, COUNTY OF SCOTT, MINNESOTA, that the following sums of money be levied as the tax levy in accordance with existing law for the current year, collectible in 1996, upon the taxable property in the City of Shakopee, for the following purposes : GENERAL FUND LEVY $2, 785, 342 BE IT FURTHER RESOLVED, that the City Clerk is hereby instructed to transmit a certified copy to this resolution to the County Auditor of Scott County, Minnesota. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of December, 1995 . Mayor of the City of Shakopee ATTEST: Approved as to form City Clerk City Attorney RESOLUTION NO. 4354 A RESOLUTION ADOPTING THE 1996 BUDGET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the 1996 Budget with the estimated revenues and appropriations for the General Fund and the Special Revenue Funds as shown below is hereby adopted. Estimated Revenue Expenditures & Other Sources & Other Uses General Fund - (Personnel, Supplies & Capital Outlays) Mayor and Council $ 83,090 Administration 215,490 City Clerk 132,040 Finance 307,410 Legal 260,030 Planning 457,930 GoVernment Buildings 132,510 Police 1,588,500 Fire 418,670 Inspection 228,930 Engineering 407,760 Street 775,720 Shop 116,650 Park 304,660 Unallocated 185,000 Transfers 251.340 Total General Fund $5,736,154 $5,865,730 Transit Fund 463,400 463,400 Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of December, 1995. Mayor of the City of Shakopee ATTEST: Approved as to form City Clerk City Attorney /J Memo To: Dennis Kraft, City Admini t• From: Julie Baumann,Planner I 100, Meeting Date: November 21, 1995 Re: Vacation of Drainage and Utility Easements Discussion The City has received a petition from Pouliott Designs Corporation for the vacation of drainage and utility easements measuring 20 feet by 568 feet on the eastern property line and 20 feet by 640.9 feet on the western property line of Lot 1, Block 1, Valley Park 4th Addition. This vacation request is being made in order to combine parcels through the Minor Subdivision process. A copy of the November 9, 1995, Planning Commission staff memo has been attached for your reference. At this meeting, the Planning Commission recommended approval of the vacation to the City Council. Please note that the Planning Commission staff memo references drainage and utility easements measuring 20 feet by 600 feet on the eastern property line and 20 feet by 672.9 feet on the western property line. The dimensions of drainage and utility easements to be vacated have changed, to 20 feet by 568 feet on the eastern property line and 20 feet by 640.9 feet on the western property line of Lot 1, Block 1, Valley Park 4th Addition, in this memo in order to preserve the drainage and utility easements around the perimeter of the lot. Alternatives 1. Approve the vacation request. 2. Do not approve the vacation request, stating the reasons for denial. 3. Continue the public hearing, and request additional information from the applicant and/or staff. Planning Commission Recommendation The Planning Commission has recommended the approval(Alternative No. 1)of the vacation request. Action Requested Offer Resolution No. 4336, A Resolution Vacating a Portion of the Drainage and Utility Easements Within Valley Park 4th Addition, and move its approval. i:\plamwig\cc\1995\cc1205\vacvprk4.doc - I lSe CONSENT Memo To: Shakopee Planning Commission From: Julie Baumann,Planner I Meeting Date: November 9, 1995 Re: Vacation of Drainage and Utility Easements Site Information: Applicant: Pouliott Designs Corporation Property Owner: Nybo Manufacturing, Inc. and MBF, Inc. Location: 4600 Valley Industrial Boulevard South Current Zoning: Heavy Industrial (I-2) Adjacent Zoning: North: I-2 Heavy Industrial South: I-2 Heavy Industrial East: I-2 Heavy Industrial West: I-2 Heavy Industrial Comp. Plan: 1980: Heavy Industrial Draft 1995: Heavy Industrial MUSA: The site is within the MUSA and can be served by all municipal utilities Introduction The City has received a petition from Pouliott Designs Corporation, for the vacation of the drainage and utility easements measuring 20 feet by 600 feet on the eastern property line and 20 feet by 672.9 feet on the western property line of Lot 1, Block 1, Valley Park 4th Addition. The City Council will hold a public hearing on December 5, 1995, to consider this vacation request. A recommendation from the Planning Commission is needed for the vacation process. Discussion Attached is a copy of the portion of the zoning map showing the location of the subject site (See Exhibit A). Valley Park 4th Addition was platted in 1978. Also attached is a portion of Valley Park 4th Addition which shows the location of the portion of the drainage and utility easements that are being proposed for vacation(See Exhibit B). 1 This request is being made in order to combine Parcel A with the adjacent parcel to the west (both parcels being owned by Nybo Manufacturing, Inc.) and to combine Parcel B with the adjacent parcel to the east(both parcels being owned by MBF, Inc.)through the Minor Subdivision process. For a better understanding of the result of this vacation,the Planning Commission may want to refer to the attached Exhibit C. This exhibit provides the results of the proposed vacation. The draft 1995 Comprehensive Plan has designated this area as Heavy Industrial. This vacation is not in conflict with the goals of the Comprehensive Plan. Alternatives 1. Recommend to the City Council the approval of the vacation of drainage and utility easements. 2. Recommend to the City Council to deny the request to vacate the drainage and utility easements. 3. Table the decision to allow staff or the applicant to provide additional information. Staff Recommendation Staff recommends Alternative No. 1, contingent upon the recording of the minor subdivision approving the lot combinations for properties currently owned by Nybo Manufacturing, Inc. and MBF, Inc . Action Requested Offer a motion to recommend to the City Council the approval of the vacation of the drainage and utility easements, contingent upon the recording of the minor subdivision approving the lot combinations for properties currently owned by Nybo Manufacturing, Inc. and MBF, Inc., and move its approval. i:\planning\boaa-pc\1 995'pc 1109\vacvp4lhdoc 2 EXHIBIT A J 1 / 1 ,G l \............"77-\7-\' . . - \ BLUE LP \� MR F 1 1 I B1 AG --N,, „..,._ , 3 F7 ak Z - M R ''''.14.0, y@4.,.. 12 c.: ...rsi g J S a:.. v P : s I iM R • SUBJECT SITE 2 p MR _ _''‘t'' 4 '1. vwtwsT1 1 > 1‘ ^'\ \ Awa --L '� Jp c I la 0 di I,1 AT167NO4T �` B, /Pli,fir %iiC g M R „T 9 ;� AO A 0 ; 4°, �j...j ke R 11 .._------------ -?:-,4 _) - -\-...); DEAN 1 4 \ ,� 1 �,1 // j/� XG /I Rr ��-�\ LAKE AG .11114111W / / �� 2mil .j 'yz/. AG ;I ii ,,.40 ii �I � AG itj AG — EXHIBIT B 40 ,`Vq� . CRY`` 1N ' cf i, .1 -— — US 7::•••• ••••••••.... ^j. s0._ - 63s 3g.4, ewt.�V :�•'•{,A •wr FkM�ny`fe __ • / A�i»!pj �"•Dom`\ lt;.\y:•" ,y` ie, ss ---- ------;/;;;;.. ‘, .-----11/ .: ;syr::::: -^ '. / t.... / ;;.. • / / *iff:ii'}' ' s,. .�,K,.,o / `'. so.Ft 1.or + 117, 231s?-r''•`. I .: parcelso.r ,.- 1 ti ,,,...:"/ i t 500 5 :<!".::"h: , , o ° h ,t4.-.'`;: d t 109• ;'•: , r . , h b' /tea.. ; , f>y\' ;• 2• i i ..4:: W i 9.>tii °:t I p Ioir '/ •, SASpR a = .. �:: ` ': �SFD awed Y ':" < . - R 17,4 /1 r:a� ° o ti a T -•,..4,4 ''-"' l:.Tt- - ::`gyp.'' • :*• ;;Al p4.. " y: • ...::,:•-•::•••":'' s.....- .• : la. ec %. 9 , E 29 - EXHIBIT C 'N�-�'`' • /N°Usr . R/q1. \- / e' so., 63 0,36•W0. e00 E : ..... ... t! o�`� °4 One 0 /�`"' • / ::...,' „,;--............!'va":97 0... . 17D ID �b \ gyp/ ' I / 1 j:,2,o / / / 1` ` / �__ A / / -_ Pa�Ge 1 ear raK,tia / I 117, 23 --so-FT , tGT y f / z Pi , it �pti; i parcel 6 / 7 . k .,° is.ii / 109,500 SOFT. arr 3`' / 3 �! for�K,49 �'/° ^° ' a ° � > / 0 0 / , • r ?.7 7. :1 1 1/ o° w / a O i• , i/ l �, c�F `sO 0. l'•/ -- i , : l / / / 4c . / / / .. -- ,.,.ZIa .u.K FLNCE... • __L. — -- .. . :.♦ _.NE • f ,.• ..� ---255 64--- • N88`32'i6 E //� ~ EXHIBIT A I 1 •G BLUE „0.1. ''cl-'°.°11.............1111111111.\........................... .s. r 1 '1151 /2 1111.7r � ,__..` B 1 AG 440 .._ ---..___ tb, ,_ 1 7 � . �.� z ca nmRy � 12 WO err M R �� �: SUBJECT SITE / • f_~ 1 2 % MR I. .* P 4 4 WAS ---',-ncourt +ate we 1 . -WIPI B1 li ' t '- ' CM' _ `%- - .R.*. .11.11...".-- AL, j"1"Illii1 `A°°'6 *1111111111 B 1 11 11 (.,,k RR ci m �`t tz `® DEAN '' • cJ / AA LAKE AVA/// - R. � AG 44 root �k./ J 1� AG IBJ Gy,, I l' A AG ti ;1 4, 1 AG AG EXHIBIT B $ , 4. Y.".".........., ' ak ;r S 7: '- s''''''- '-'s•-• • i / • _ , , ,#•,-„---, 4,74. _...--------______ ---------___ .. • I fy - 4117------A., • E4;-------/ ..... • ° -----74-:---_____,_...4:`"h bne,of, i fril,it).a______T-7-------,, i ,,;-,,,N ,. . ., ....,•„. -- 0,, A, 00 • . 0 81°4 "10U -.....:--,..,' '.',.., ; --, 1 ,,,--...„0._ ._ -.. . , , 0 , ,....... . , . ---- 2, zo i •--v -,,A-q ' ,--7--__"1.s...2 i • :e.„,,.\. . I 4,,--;:, '..-`\>.‘ _ TI, , _ ,.4... / ...A....,„, , . ,,,w ,, ,'„,.......: / . 1 i ,...., p:---1" / I , ?..„ .1 • . , . a, I pa r ce I 0 ea PARK IN 0 ,.., A / • ! _ ......_ . • , •...,. •,3. -..... ,..0T ...,..,w-' . ; ..-..---.- .? c,f' ,--•-• , i22 a I I ,..Nit. / -(.r•-- ' I 17, 231 SO.FT 1, ls? ....: ,,,,,,,,, / / . * , parce I Tv -- • #.; ,---... ... I i F 1 . 5 a.FT ::: `0 W--•? I / , 109, 500 4,) 1 2 s/ .5:.::1 :,- i :.„--,, ,.......x--n N / 4`::'-' err ..` / I ,s, .;,!' 1 ..... • `IS pia, s*.;:- 4 kt Opo 0 0 . ,-;,,... 4.3.c, , :, . tg.) 4#:) (,) .1:: N.;*• ' .:....4. ' Cf Z ,, V :IA 4.• ----- ',Of ••••••........2. , , 174 rN A ••'..,,..;• c, rZti• „SI Z 1:: .•::' ,gts co ..: 1 ...: ,% 1/4., 0 , ;• 1 ., ,.. ....;:w ... . ..: ---4v ..v.,y,, ---_______ • •>:- ...: ' • S-•;• ' c;'), ° ,..., , ----; \ ii•:. 47 . -4, v-) .. ,,, , .„,..i.. , - 1 .--,, ,,,..,-; , •...•,, -,,,,•„.,,,, ..., ,4- .,,•t>. .,,,..4.- w): -,:1:. I ... 2c ....,.. ner of - a _ _ CneIN LT... .1:•47. _. •C,',,,,,43 66 , Z8-511 I • 0 •. V4 LINE •C'‘'''' . — ... 1 • • --:89 36-- t _ -.- -- - i • - W.,-. I Aff' ''‘ • EXHIBIT C *-------1--------4/0 us "'4° • litt ^fk pod IpC4 On. �O/it ` liZo / b • �� / . , I / . ��. / . . / l / ..1_ A / parcel / ',0.0.� eu PARKING ' LOT �I 117, 23 S� F , �.N{ , / / / ; -.. •- • i L �h� / 109,�0 so FT/� err p 4.". 3 tar. P41.94.414 �1•11 )Ni 1 t. A. 7 ` s. ti t." : i) . m \` V I // ° 8 pl c• r I. v3-1 F4 _:,- 0_, �. \J / r / / / / . 1 • 2(i+ I / •D/ I f ---- CAoIN LINK FENCE _,_ O e oN LINE • , - ' -- 89 36•= _ 156 - - ---255 64--- •�f o_ N88.32'I6' E 'I? a N��, 97 RESOLUTION NO.4336 A RESOLUTION OF THE CITY OF SHAKOPEE VACATING A PORTION OF THE DRAINAGE AND UTILITY EASEMENTS WITHIN VALLEY PARK 4TH ADDITION WHEREAS, drainage and utility easements have been dedicated measuring 20 feet by 568 feet on the eastern property line and 20 feet by 640.9 feet on the western property line of Lot 1,Block 1,Valley Park 4th Addition, City of Shakopee, County of Scott, State of Nfinnesota; and WHEREAS, it has been made to appear to the Shakopee City Council that the aforementioned drainage and utility easements serve 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 5th day of December, 1995; and WHEREAS, two weeks published notice has been given in the SHAKOPEE VALLEY NEWS and posted notice has been given by posting such notice on the bulletin board on the main floor of the Scott County Courthouse, the bulletin board at the U.S. Post Office, the bulletin board at the Shakopee Public Library, and the bulletin board in the Shakopee City Hall; and WHEREAS, all persons desiring to be heard on the matter were given an opportunity to be heard at the public hearing in the Council Chambers in the City of Shakopee. NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. That it finds and determines that the vacation hereinafter described is in the public interest; 2. That the drainage and utility easements measuring 20 feet by 568 feet on the eastern property line and 20 feet by 640.9 feet on the western property line of Lot 1, Block 1, Valley Park 4th Addition, City of Shakopee, County of Scott, State of Minnesota, serve no further public need; 3. That all that part of the drainage and utility easements measuring 20 feet by 568 feet on the eastern property line and 20 feet by 640.9 feet on the western property line of Lot 1, Block 1, Valley Park 4th Addition, City of Shakopee, County of Scott, State of Minnesota, are hereby vacated; 4. After the adoption of the Resolution, the City Clerk shall file certified copies hereof with the County Auditor and County Recorder of Scott County. 5. This Resolution shall become effective upon the recording of the Mucor Subdivision approving the lot combinations of portions of Lot 1, Block 1, Valley Park 4th Addition, City of Shakopee, County of Scott, State of Minnesota with Lot 2, Block 1, Valley Park 4th Addition and with Lot 1, Block 1, Valley Park 2nd Addition, City of Shakopee, County of Scott, State of 1Vfinnesota. Adopted in session of the City Council of the City of Shakopee,Minnesota, held the day of , 1995. Mayor of the City of Shakopee ATTEST: City Clerk APPROVED AS TO FORM: City Attorney bfisoci 1.83a1 II b RESOLUTION NO. 4336 A RESOLUTION OF THE CITY OF SHAKOPEE VACATING A PORTION OF THE DRAINAGE AND UTILITY EASEMENTS WITHIN VALLEY PARK 4TH ADDITION WHEREAS, drainage and utility easements have been dedicated measuring 20 feet in width and located along the east side of the west property line extending 568 feet in length, beginning at a point located 12 feet south of the north property line and ending at a point located 20 feet north of the south property line; and 20 feet in width and located along the west side of the east property line, extending 640.9 feet in length beginning at a point 12 feet south of the north property line and ending at a point located 20 feet north of the south property line of Lot 1, Block 1, Valley Park 4th Addition, City of Shakopee, County of Scott, State of Minnesota; and WHEREAS, it has been made to appear to the Shakopee City Council that the aforementioned drainage and utility easements serve 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 5th day of December, 1995; and WHEREAS, two weeks published notice has been given in the SHAKOPEE VALLEY NEWS and posted notice has been given by posting such notice on the bulletin board on the main floor of the Scott County Courthouse, the bulletin board at the U.S. Post Office, the bulletin board at the Shakopee Public Library, and the bulletin board in the Shakopee City Hall; and WHEREAS, all persons desiring to be heard on the matter were given an opportunity to be heard at the public hearing in the Council Chambers in the City of Shakopee. NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. That it finds and determines that the vacation hereinafter described is in the public interest; • 2. That the drainage and utility easements that have been dedicated measuring 20 feet in width and located along the east side of the west property line extending 568 feet in length, beginning at a point located 12 feet south of the north property line and ending at a point located 20 feet north of the south property line; and 20 feet in width and located along the west side of the east property line, extending 640.9 feet in length beginning at a point 12 feet south of the north property line and ending at a point located 20 feet north of the south property line of Lot 1, Block 1, Valley Park 4th Addition, City of Shakopee, County of Scott, State of Nfinnesota, serve no further public need; 3. That all that part of the drainage and utility easements that have been dedicated measuring 20 feet in width and located along the east side of the west property line extending 568 feet in length, beginning at a point located 12 feet south of the north property line and ending at a point located 20 feet north of the south property line; and 20 feet in width and located along the west side of the east property line, extending 640.9 feet in length beginning at a point 12 feet south of the north property line and ending at a point 20 feet north of the south property line of Lot 1, Block 1, Valley Park 4th Addition, City of Shakopee, County of Scott, State of Minnesota, are hereby vacated; 4. After the adoption of the Resolution, the City Clerk shall file certified copies hereof with the County Auditor and County Recorder of Scott County. 5. This Resolution shall become effective upon the recording of the Minor Subdivision approving the lot combinations of portions of Lot 1, Block 1, Valley Park 4th Addition, City of Shakopee, County of Scott, State of Minnesota with Lot 2,Block 1,Valley Park 4th Addition and with Lot 1, Block 1,Valley Park 2nd Addition, City of Shakopee, County of Scott, State of Minnesota. Adopted in session of the City Council of the City of Shakopee,Minnesota, held the day of , 1995. Mayor of the City of Shakopee ATTEST: City Clerk APPROVED AS TO FORM: City Attorney . . flc Memo To: Dennis Kraft, City Administrator From: Julie Baumann,Planner I Meeting Date: November 21, 1995 Re: Vacation of an Alley Discussion The City has received a petition from John D. Klingelhutz, Klingelhutz Development Company for the vacation of that northern most portion of the alley dedicated with Market Place 1st Addition measuring 312 feet in length and 10 feet in width on the eastern most end and 6.11 feet on the western most end. A copy of the November 9, 1995, Planning Commission staff memo has been attached for your reference. At this meeting, the Planning Commission recommended approval of the vacation to the City Council. Alternatives 1. Approve the vacation request. 2. Do not approve the vacation request, stating the reasons for denial. 3. Continue the public hearing, and request additional information from the applicant and/or staff. Planning Commission Recommendation The Planning Commission has recommended the approval(Alternative No. 1)of the vacation request. Action Requested Offer Resolution No. 4337, A Resolution Vacating A Portion of An Alley, and move its approval. is\planning cc\1995kx12osvacmpaly.doc I2. CONSENT Memo To: Shakopee Planning Commission From: Julie Baumann, Planner I SI? Meeting Date: November 9, 1995 Re: Vacation of an Alley Site Information: Applicant: John D.Klingelhutz,Klingelhutz Development Company Property Owner: Klingelhutz Development Company Location: North of 5th Avenue and West of Market Street Current Zoning: Old Shakopee Residential(R-1C) • Adjacent Zoning: North: R-1C Old Shakopee Residential South: R-1C Old Shakopee Residential East: R 1C Old Shakopee Residential West: R-1C Old Shakopee Residential Comp.Plan: 1980: Residential Draft 1995: Single Family Residential MUSA: The site is within the MUSA and can be served by all municipal utilities Introduction The City has received a petition from John D. Klingelhutz, Klingelhutz Development Company, for the vacation of that northern most portion of the alley dedicated with Market Place 1st Addition measuring 312 feet in length and 10 feet in width on the eastern most end and 6.11 feet in width on the western most end. This request is being made in order to bring the width of the alley into conformance with Section 12.07, Subd. 1 of the Shakopee City Code. This section states that the minimum alley right-of-way required is 16 feet. The City Council will hold a public hearing on December 5, 1995, to consider this vacation request. A recommendation from the Planning Commission is needed for the vacation process. Admmeneummmomm Discussion Attached is a copy of the portion of the zoning map showing the location of the subject site (See Exhibit A). Market Place 1st Addition was platted in 1992. Attached as Exhibit B is a portion of the Market Place 2nd Addition Final Plat which shows the location of the portion of the alley that is being proposed for vacation. For a better understanding of the result of this vacation,the Planning Commission may want to refer to the attached Exhibit C. This exhibit provides the results of the proposed vacation. Engineering staff has commented that if this vacation is approved, a drainage and utility easement must be retained over the area proposed for vacation. The draft 1995 Comprehensive Plan has designated this area as Single Family Residential. This vacation is not in conflict with the goals of the Comprehensive Plan. Alternatives 1. Recommend to the City Council the approval of the vacation of the alley. 2. Recommend to the City Council to deny the request to vacate the alley. 3. Table the decision to allow staff or the applicant to provide additional information. Staff Recommendation Staff recommends Alternative No. 1, contingent upon the recording of Market Place 2nd Addition. Action Requested Offer a motion to recommend to the City Council the approval of the vacation of the alley, and move its approval. is'pl vix1i99spci ios`npi doe t 2 EXHIBIT B MARKET PLACE 2ND ADDITION rTh hT5",- ' • .a�'\ °)�'�� Ir • •4 151 \..• \ • 'ti 6 49 :. �.. g•44'}61 E 1co� ra ' ; N 60 t 3'48 C H �' / N 8.x'06'34 W ;,Yx,: y;•. / f31 l ::{ .• ; �' OU1 T —16.00'4 / III 11• • • .: `' ... H G • 146.41 • f IN 60'13' ' ,�E .. : 43� T G Mu • 10.90� •� 51.00 • pUSL0T 50.85 E • 1t1.• .. - 7 37.20 0UTLOT D OU-1. OT t CT SITE ! ... 39.9 3 • r"l W SUBS 64.24 1 I w to Ia I " L___ _ N 89'08'11`W 204.25 I CID —T— r L 20. f • N 89'08'1001" -WI h co 2 to I a O N ,r_, t A i g W I15; i L _ /—t UL_ rn • �; . 9't58m;�i'S4 �—• _J- 02— 1 r 3 I V. o I 7 I I 6 Iz z I _1 4 3 N II I • I ( a cr I -- _ J J L -J L �_ 69.47 74 qt _ __- — —•- __) _ . 5TH AVENUE „o. Imimmin • EXI-IIBIT A ,, - __ - ",R 2`1 ; X11 ` - 1-t, , v0 '_r ,1, / , 161 l , _ 4.� , nl: . `1 1 L• B4`�- a n� itgagin .5_ 1 - . .c. ,.i .4,o, i M , ' `. 1 1 • ' i �' o. , ale eta � no lagn IMO 11:6: a 1111-11j: i11011111 11111:11 .:- ; 101 jiii iiiii Sill ' 5111 ` � �r512 �1 ��� .� ,' t! '� _ 11 �, ,,.,_.i20...,_, 'rt .�Issireiawe sot �� 1� Mas' vis11 �- 1111 t. a 1_ ova sato ti10��� 0 yTOri11:11 111801; ;v 5nt�t � ,� 1�1tu I F t ��., ‘ t 1•. a tint : { �� : , - !�- g -...-:: b.,. SUBJECT SITE 71 :`.- - i 0 I B ' C .71�j�l ET, `.-_t r::i;.::'��":;i::...;;:_...:"?a,.. �_so= _tr.adIP' yM16t • 'j 1 r .„ PJZ-,104 ".-, It _a tat = will t : i1d up. s►�t;■oa mom :k�� .u.u.. 15nut so iS,, ...A....ye. torm . 113rii.1 -- so_` on MIiiR28' • 5t 511 t5 not WO 11 2 'i= to t� Igo • � gal >��ta Go gin a1ito is it >,_n�_1 ► ► .1 HtN t H� sun t1a11/ X40 0 s tot n.15 o oral i 1 wri I•I ,: ria �0 e1 „111 111150E2 . It5 �', WI VI: Ed3 1015as tu 400 Ism Alio , 11 *•• • enEs s grip ill �o _ �� �..� T� , 7 . . , O 1 IR 122 1 mum 0 3 X1111: ►I1 F. .1W; ■/ I 111 av 1 i” I R nom NIB=I . P-, amomat am minaort -- • • ' • L 31110 .41 ""'" =Al oii r• f " • i , ,_ Es" ° I ' - 1 ' - I ' " i ' - ' - - I ' ' M 7. �: ' ! :---1---. 1 sxy =� z I a 3z. .' a 3 f 6• - j m , — x ( 7 > o'___: Eaf� 1 , , a . d . , a . , . . , , W&;J MIE�11110t11111110V *VI `] mit' v I 1I1 Alurm, 4k .. r.• OO,DAL C� ...,..,, dors" II 1 Letir-Ve.c ,tie. . II' R1 B � � �O' • :tea '. - Q d , ff aye A G III< r; ..` , \� s'i 111:3 _ M i SOQ el EXHIBIT C MARKET PLACE 2ND ADDITION S �. �n\ Ll •v , h of S. J v o, Iry 4 •• t. Shu-• h "�� h �o��'�`y riF` E14151.49 F of 10.00- • . N 9'4413. �c5 ' ' i rj 89' \ N 84•�3 48 � •�- . { /1 /I 045.57 1 . �pull. ► -�6.ca / 41 f 11 4 3' . :L E 1 '31 OUT1-0I N 10.90 f . 45 / IN acs > �.ovT�o • --- —1 51.00 .40.010311111°4 Ot}7l.OT _ . —` gp.85 - E 3 8 "— T�OT 0 `OUT 0T 7 37.20--Ou (-- i , 7 39.9 3 • — �–I ,.� 64.24 IP 0 Ira) I a) Pt cn I Iti' I L. N 89'08'11' W 204.25 c, J ... / r-- —r- rn._ 1 13 20.00 L— / N 89'08'11" W� r —I tri b II i 2 -€�o N i2cv IC7 ico UJ o I 1 L _ /—I '_/ L_ 117a.I� rn — _i07 a+ �89'b$'Tlo1—T54.24 • r - �S.OZ ��•ZZ_ G 3 I , v. I I rPal o I I I . 1 a o 7 6 Z 5 Z 4 I 3 3 t i I 1 I :d ig).1 . I• I sI • IP II _ _ J L J L J L 69.47 _ - -- - - -- --- . I J44t 'r n� 5TH AVENUE RESOLUTION NO.4337 A RESOLUTION OF THE CITY OF SHAKOPEE VACATING A PORTION OF AN ALLEY WHEREAS, a portion of an alley measuring 312 feet in length and 10 feet in width on the eastern most end and 6.11 feet on the western most end, has been dedicated with Market Place 1st Addition, City of Shakopee, County of Scott, State of Minnesota; and WHEREAS, it has been made to appear to the Shakopee City Council that the aforementioned alley 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 5th day of December, 1995; and WHEREAS, two weeks published notice has been given in the SHAKOPEE VALLEY NEWS and posted notice has been given by posting such notice on the bulletin board on the main floor of the Scott County Courthouse, the bulletin board at the U.S. Post Office, the bulletin board at the Shakopee Public Library, and the bulletin board in the Shakopee City Hall; and WHEREAS, all persons desiring to be heard on the matter were given an opportunity to be heard at the public hearing in the Council Chambers in the City of Shakopee. NOW, '!'HEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. That it finds and determines that the vacation hereinafter described is in the public interest; 2. That the portion of an alley measuring 312 feet in length and 10 feet in width on the eastern most end and 6.11 feet on the western most end, dedicated with Market Place 1st Addition, City of Shakopee, County of Scott, State of Minnesota, serve no further public need; 3. That all that part of the alley measuring 312 feet in length and 10 feet in width on the eastern most end and 6.11 feet on the western most end, dedicated with Market Place 1st Addition, City of Shakopee, County of Scott, State of Minnesota,is hereby vacated, contingent upon the recording of Market Place 2nd Addition;and 4. After the adoption of the Resolution, the City Clerk shall file certified copies hereof with the County Auditor and County Recorder of Scott County. Adopted in session of the City Council of the City of Shakopee,Minnesota, held the day of ,1995. Mayor of the City of Shakopee ATTEST: City Clerk APPROVED AS TO FORM: City Attorney 1 1 kvise.cf [ çyx( RESOLUTION NO.4337 A RESOLUTION OF THE CITY OF SHAKOPEE VACATING A PORTION OF AN ALLEY WHEREAS,all that land North of the following described line: Starting at the Northeast corner of Market Place 2nd Addition, and proceeding South 10 feet along the East property line to the point of beginning;then proceeding in a straight line 312 feet to a point on the West line of Market Place 1st Addition, which point is 6.11 feet South of the North property line, and there terminating, City of Shakopee, County of Scott, State of Minnesota; and WHEREAS, it has been made to appear to the Shakopee City Council that the aforementioned alley 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 5th day of December, 1995; and WHEREAS, two weeks published notice has been given in the SHAKOPEE VALLEY NEWS and posted notice has been given by posting such notice on the bulletin board on the main floor of the Scott County Courthouse, the bulletin board at the U.S. Post Office, the bulletin board at the Shakopee Public Library, and the bulletin board in the Shakopee City Hall; and WHEREAS, all persons desiring to be heard on the matter were given an opportunity to be heard at the public hearing in the Council Chambers in the City of Shakopee. NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. That it finds and determines that the vacation hereinafter described is in the public interest; 2. All that land North of the following described line: Starting at the Northeast corner of Market Place 2nd Addition, and proceeding South 10 feet along the East property line to the point of beginning;then proceeding in a straight line 312 feet to a point on the West line of Market Place 1st Addition, which point is 6.11 feet South of the North property line, and there terminating, City of Shakopee, County of Scott, State of Minnesota, serves no further public need; 3. All that land North of the following described line: Starting at the Northeast corner of Market Place 2nd Addition, and proceeding South 10 feet along the East property line to the point of beginning;then proceeding in a straight line 312 feet to a point on the West line of Market Place 1st Addition, which point is 6.11 feet South of the North property line, and there terminating, City of Shakopee, County of Scott, State of Minnesota, is hereby vacated, contingent upon the recording of Market Place 2nd Addition; and 4. After the adoption of the Resolution, the City Clerk shall file certified copies hereof with the County Auditor and County Recorder of Scott County. Adopted in session of the City Council of the City of Shakopee,Minnesota, held the day of , 1995. Mayor of the City of Shakopee ATTEST: City Clerk APPROVED AS TO FORM: City Attorney I MEMO TO: Dennis R. Kraft, City Administrator FROM: Bruce Loney, Public Works Director ttlA SUBJECT: Public Hearing for 17th Avenue and Sarazin Street Improvements, Project No. 1996-1 DATE: November 29, 1995 MEETING DATE: December 5, 1995 INTRODUCTION: Attached is Resolution No. 4357, a resolution approving a project and ordering plans and specifications for 17th Avenue from County State Aid Highway (CSAH) 17 to Sarazin Street and Sarazin Street from St. Francis Avenue to 17th Avenue. A public hearing is scheduled for December 5, 1995 to consider this improvement project. BACKGROUND: On November 21, 1995, the City Council adopted Resolution No. 4344 accepting the feasibility report on the improvements of 17th Avenue and Sarazin Street and called for a public hearing on this proposed improvement project. (Note: Please bring your feasibility report to the public hearing). This project was petitioned for by the developer of the St. Francis Regional Medical Campus (SFRMC) and includes street and storm sewer construction on 17th Avenue from CSAH 17 to Sarazin Street and Sarazin Street from St. Francis Avenue to 17th Avenue. Construction of a storm sewer outlet from the detention pond on the SFRMC site to Mn/DOT linear pond south of the Shakopee Bypass is also included in the feasibility report. The report has been divided into two segments as follows: • Segment One - Roadway, sidewalk storm sewer and watermain improvements for Sarazin Street and 17th Avenue. • Segment Two - Storm sewer outlet from SFRMC detention pond to Mn/DOT linear pond. The SFRMC developers petitioned the City for these streets and storm sewer improvements in order to serve the hospital which is expected to open by June 30, 1995. The main issues with this proposed project are as follows: 1. Collector street width 2. Sidewalks and trails along collector streets 3. Storm sewer cost 4. Right-of-way acquisition ISSUE NO. 1 On the collector street width issue, the feasibility report has recommended widths for 17th Avenue and Sarazin Street based on the anticipated traffic volume. 17th Avenue will be a major collector connecting CSAH 17 and County Road (C.R.) 83 and will serve as a commercial feeder to commercial property north of 17th Avenue. Traffic projections for 17th Avenue could reach 26,000 vehicles per day. A four lane collector is being proposed with turn lanes as necessary with a minimum width of 64 feet. Sarazin Street is anticipated to be a collector with an ultimate traffic projection between 4,000 - 4,500 vehicles per day. The feasibility report is recommending a two lane, 36 foot wide collector with parking on one side. The property to the east of Sarazin Street is proposed to be single family residential on the City's Comprehensive Plan and the City's policy is not to allow direct access from individual lots to collector streets. Based on this requirement, staff feels that parking on this side of the street is not necessary or warranted. The Design Criteria of the City has a minimum 48 foot street width for collectors at this time. Staff has been directed to review the street width standards as soon as possible for the revising of the City's subdivision regulations. Extra width over 36 feet in width is a City's oversizing cost and does not affect the assessment to adjacent properties. During the design phase of this project, a more thorough traffic analysis would be done to determine the design sections for 17th Avenue and Sarazin Street. ISSUE NO. 2 Sidewalks per City policy are to be installed on both sides of City collectors. Further direction from Council has been for staff to install a concrete sidewalk on one side and bituminous trail on the other. Sidewalks are being installed on the south side of 17th Avenue and west side of Sarazin Street in the SFRMC site and will be assessed to SFRMC as per City Code, Section 12.06, Subdivision 7. The trails are not assessed per City Assessment Policy. ISSUE NO. 3 The storm sewer for Sarazin Street and 17th Avenue and the storm sewer outlet to the Mn/DOT linear pond is being funded by the City's Storm Drainage Fund except for the oversizing costs from the SFRMC site and Scott County Highway Department cost sharing of the storm sewer outlet along CSAH 17 to Mn/DOT linear pond. The cost oversizing assessment to SFRMC was agreed upon in the developer's agreement with the City and Scott County has tentatively agreed that they would participate in the cost of the storm sewer outlet as per County Cooperative Agreement Policy. Attached to this memo is the developer's agreement on the storm sewer cost sharing agreement for 17th Avenue and Sarazin Street. The storm water drainage utility cost for this project is $237,637.82. The storm sewer cost sharing agreement for these streets was decided in negotiations with SFMRC. After review of the City's Assessment Policy and after the platting of SFRMC, revisions have been added to assess storm drainage facilities at the request of a developer to the developer and the City to pay for only the oversizing from areas outside the development. ISSUE NO. 4 Right-of-way acquisition cost is included in the project cost for the construction of this project and is assessed to the benefiting properties. this procedure is as per the city's assessment Policy on Page 5. SFRMC site has dedicated right-of-way with their plat and other property owners may grant the City an easement or request payment. In a sense those property owners that dedicated their property to the city at no cost, will be also paying for the property acquisition of other property owners who do not dedicate. This issue may be raised by a proposed developer east of Sarazin Street. Another consideration for the Council is on the preparation of plans and specifications for this project. At this time, staff is preparing a request for proposal for this specific project with three consultants who have transportation expertise and familiarity with the City of Shakopee. Staff will also be sending out request for proposals and may have recommendation for Council by the December 5, 1995 Council meeting. A memo on the table will be provided based on the proposals received. Staff will be preparing a request for proposal for selecting consultants to work with the City for the next three years and this selection process will be brought back to Council for approval next year. City Engineering staff is currently busy with finalizing 1995 projects, feasibility reports for 1996 projects, Vierling Drive plan revisions, subdivision regulations, revisions in the Design Criteria and staff feels that it would not be capable in meeting the project time line needed for the St. Francis hospital. Also, this project design requires transportation engineering analysis which is a specific engineering skill and is beyond staff's expertise. ALTERNATIVES: 1. Adopt Resolution No. 4357,which orders plans and specifications prepared for this project as recommended by the feasibility report. 2. Deny Resolution No. 4357. 3. Table Resolution No. 4357 for additional information from staff. 4. Move to direct staff to obtain quotes for appraisals for the purpose of right-of-way acquisition on Project No. 1996-1. 5. Do not authorize staff to obtain quotes for appraisals. RECOMMENDATION: Staff recommends Alternative No. 1, to adopt Resolution No. 4357, which orders plans and specifications prepared for this project. Also, staff recommends Alternative No. 4, to obtain quotes for appraisals for necessary right-of-way acquisition on this project. ACTION REQUESTED: 1. Offer Resolution No. 4357,A Resolution Ordering an Improvement and the Preparation of Plans and Specifications for 17th Avenue and Sarazin Street, Project No. 1996-1 and move its adoption. 2. Move to direct staff to obtain quotes for appraisals for the purpose of right-of-way acquisition on Project No. 1996-1. BL/pmp MEM4357 • EXCERPT FROM DEVELOPERS AGREEMENT WITH ST. FRANCIS REGIONAL MEDICAL CENTER DATED FEBRUARY 14 , 1995 . X. Other Conditions of the City's Plat Approval Agreed to by the Developer. The Developer agrees to the additional conditions being . imposed in this agreement (pursuant to Resolution No. 4162) as follows: (A) The City agrees to reimburse the developer for the storm sewer system to beconstructedin the south and west streets (St. Frances Avenue and CR-17) under Plan A and the City shall pay for the storm sewer system to be constructed in the north (17th Avenue) and east (Sarazin Street) streets under Plan B. The developer shall pay for all oversizing costs associated with the storm sewer system in these streets as determined by the City Engineer. (Financial security for the storm sewer is required for the oversizing costs only. ) (B) No building permits shall be issued to Outlot A until it is replatted. (C) The developer shall be responsible for grading of the plat as shown in the drainage plan. (D) -Each lot may have its own water service and sanitary sewer service or common services may be provided in compliance with the Plumbing Code. If these services are common, a private easement and maintenance agreement shall be recorded, and must be approved by the City Attorney. (E) The developer shall provide adequate sewer storage facilities on-site until the City sewer system becomes available to the site. (F) The developer shall connect to the City sanitary sewer system when it becomes available. (G) • The applicant shall submit verification that the Minnesota Pollution Control Agency has approved the NPDES Stormwater Permit for the subdivision prior to the release of the grading permit. (H) Final construction plans and the Stormwater Management Plan shall be approved by the City Engineer prior to the release of • the grading' permit. - (I) Utility easements as required by the Shakopee Public Utilities Commission shall be recorded prior to the issuance of a Certificate of Occupancy for the hospital (Lot 1, Block 1) , with the exception of the easement between Lots 6 and 7, which shall be recorded prior - to or at the time of the recording of the final plat. (J) The trunk sanitary sewer charge for the site (per Resolution No. 4157) is $53 , 950.94 and . shall be paid prior. to the - issuance of the Certificate of Occupancy for the hospital (Lot 1, Block 1) . The trunk sanitary sewer charge for Outlot A shall be calculated and due at the time of replatting. 15 - • EXCERPT FROM ASSESSMENT POLICY O SECTION V FINANCING OF PUBLIC IMPROVEMENTS The City of Shakopee encourages public improvement projects as the area(s) benefiting and needing such improvements develop. Examples of this policy can be seen through the subdivision regulations, zoning ordinance, and building codes. New areas are required to provide needed improvements and services before development, thereby not creating unexpected hardships on the property owners purchasing such property nor on the general public. However, it is recognized that certain areas of the City have developed without all needed public improvements (e.g. - parks, water, sewer, and street improvements) and that methods must be found to provide these improvements without causing undue hardships on the general public or the individual property owner. Special assessments are generally accepted as a means by which areas can obtain improvements or services, however, the method of financing these is a critical factor to both the City and the property owner. Full project costs spread over a very short term can cause an undue hardship on the property owner and, likewise, City costs and systems costs spread over a long period of time can produce an undue hardship on the general public of the City. It is the policy of the City to not defer assessments except in cases where senior citizens are involved. The authorization for the senior citizen deferment and the criteria for establishing eligibility are set forth in the Shakopee City Code, Section 2.82. The City Council also may elect to defer assessments on undeveloped lands for a specified length of time or until it develops. Terms and conditions of this deferral will be established in the resolution adopting the assessments. SECTION VI GENERAL ASSESSMENT POLICIES APPLICABLE TO ALL TYPES OF IMPROVEMENTS The cost of any improvement shall be assessed upon property benefitted by the improvements, based upon the benefits received. The following general principles shall be used as a basis of the City's assessment policy: 1. Theconst"projectction cost" mdruwork reqofuiredan ito accomplish provementincluthe improvementesthecosts, plusof engineeringallnecessary, legal, administrative, financing and other contingent costs, including acquisition_ i* of right of way and other property. The financing charges include all costs of 5 RESOLUTION NO. 4357 A Resolution Ordering An Improvement Of 17th Avenue And Sarazin Street Project No. 1996-1 WHEREAS, Resolution No. 4344 of the City Council adopted the 21st day of November, 1995, fixed a date for a Council hearing on the proposed improvement of 17th Avenue and Sarazin Street by construction of street, curb & gutter, storm sewer, watermain, sidewalk and appurtenant work and the construction of a storm sewer outlet from the detention pond on the St. Francis Hospital site to the Mn/DOT linear pond; and WHEREAS, ten days published notice of the hearing through two weekly publications of the required notice was given and the hearing was held thereon the 5th day of December, 1995, at which all persons desiring to be heard were given an opportunity to be heard thereon; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA: 1. Such improvement is hereby ordered as proposed in Council Resolution No. 4344 adopted November 21, 1995. 2. Bruce Loney, Public Works Director, is hereby designated as the engineer for this improvement. Adopted in session of the City Council of the City of Shakopee, Minnesota,held this day of , 1995. Mayor of the City of Shakopee ATTE : --- ,. City Clerk Approved as to form: City Attorney MEMO TO: Dennis R. Kraft, City Administrator FROM: David M.Nummer, Staff Engineer PA) SUBJECT: Consultant Selection for 17th Avenue and Sarazin Street, Project No. 1996-1 DATE: December 5, 1995 MEETING DATE: December 5, 1995 INTRODUCTION: Staff has solicited proposals for providing engineering design services for the 17th Avenue and Sarazin Street Project, and has received two such proposals. Staff is seeking Council permission to utilize consultant assistance to design this project. BACKGROUND: Proposals have been solicited and received from Orr-Schelen-Mayeron & Assoc., Inc. (OSM) and SRF Consulting Group, Inc. Both of these firms were prequalified by the City to provide design and surveying services to supplement the engineering department staff on a project by project basis. The proposals were evaluated based on project schedule, available personnel, and cost to complete a specific scope of services. The project schedule proposed by OSM reflected an earlier start, with the design surveying being completed almost two weeks earlier than SRF. This allows more time for design, and for City staff to review and comment on the work as it progresses. Both proposals had qualified personnel who could perform the work in accordance with the scope of services, however, OSM provided the City with a cost not to exceed of$35,100, which is $25,900 less than that proposed by SFR(their total cost to design the project was $61,000). In addition to the cost to design the project, each consultant was asked to provide the City with an estimate of the construction management costs which include surveying, construction staking, and a limited amount of contract administration. The estimates were $36,900 and $25,000 from OSM and SRF respectively, however, these costs are paid on an hourly basis as the services are used, and as such were not weighted heavily in the evaluation of the proposals. After evaluating both proposals, staff recommends utilizing OSM to design this project. The total cost for design services was considerably lower than the other proposal, and OSM seemed to recognize the time critical aspect of this project as it relates to the opening of the St. Francis Medical Center. At this time, and with the current workload, staff is not capable of devoting the necessary time to this project to design it in-house without adversely affecting pending projects for 1996. h:\select.mo ALTERNATIVES: 1. Authorize the proper City Officials to execute a consultant contract with Orr-Schelen- Mayeron & Assoc., Inc. for design services for 17th Avenue and Sarazin Street, Project No. 1996-1, for a cost not to exceed $35,100.00. 2. Authorize the proper City Officials to execute a consultant contract with SRF Consulting Group, Inc. for design services for 17th Avenue and Sarazin Street, Project No. 1996-1, for a cost not to exceed $61,000.00. 3. Direct staff to design the project in-house 4. Table for additional information from staff. RECOMMENDATION: Due to the time frame associated with designing this project and the current workload, staff recommends Alternative No. 1,to utilize OSM to design this project. ACTION REQUESTED: Move to authorize the proper City Officials to execute a consultant contract with Orr-Schelen- Mayeron & Assoc., Inc. for design services for 17th Avenue and Sarazin Street, Project No. 1996-1, for a cost not to exceed $35,100.00. h:\select.mo COF\JSENT / 2o MEMO TO: Dennis K Kraft, City Administrator FROM: Barry A. Stock,Assistant City Administrator RE: City Donations for Marketing Purposes DATE: November 29, 1995 INTRODUCTION: On November 21, 1995 the Shakopee City Council tabled action on the issuance of a Community Recreation Center Family Membership to the All Night Graduation Party Committee for their fund raiser/raffle. The City Council requested the Park &Recreation Advisory Board to review and propose a policy on this matter. BACKGROUND: On Monday,November 27, 1995 the Shakopee Park&Recreation Advisory Board met and discussed the issue of providing donations to various community organizations. Typically, donations would occur in the form of free admission to the pool,free Dial A-Ride passes, Annual Membership Passes to the Community Recreation Center, etc. The Park &Recreation Advisory Board agreed that technically it could be said that providing these types of donations are utilizing tax payer funds. However, the Park&Recreation Advisory Board felt that offering these types of incentives are an attractive and affordable marketing device. In terms of the Community Recreation Center,the Shakopee Park&Recreation Advisory Board is recommending that a Daily Family Pass be issued at the discretion of the Recreation Superintendent for contribution requests. The Daily Family Pass would only apply to immediate family members and would be stamped with an expiration date. This pass could be used by one individual or an entire family. The value of a Daily Family Pass is also a little more attractive than just a Single Individual Pass. Additionally, we currently don't have a Daily Family Pass in our fee structure so this will be very easy to track. ALTERNATIVES: 1. Authorize the Recreation Superintendent to distribute Daily Family Passes at his/her discretion for the purpose of marketing the Shakopee Community Recreation Center facility. • 2. Establish a different policy with respect to contributions. 3. Do not offer any contributions for marketing purposes associated with the Community Recreation Center facility unless directly approved by City Council. 4. Place a limit on the number of passes issued annually. STAFF RECOMMENDATION: Staff recommends Alternative#1. ACTION REQUESTED: Authorize the Recreation Superintendent to distribute Daily Family Passes at his/her discretion for the purpose of marketing the Shakopee Community Recreation Center facility. H:\word\tami\civicctr\donate L ‘J t TO: Dennis R. Kraft, City Administrator FROM: Tom Steininger, Chief of Police SUBJECT: Purchase of Unused Holiday Time DATE: 11 27 95 INTRODUCTION: In accordance with the terms of existing union contracts, the officers listed below have requested that the city buy back unused holiday time in the amounts indicated. BACKGROUND: The police union contracts both contain the following provision: "The employer may, at his option, buy back from any employee so requesting by November 1st of each calendar year any holiday time off earned but not used by the employee by December 31st of any calendar year. " The City will not buy back more than 40 hours of Holiday time from any individual. Officers are allowed to carry up to 40 hours of unused holiday time 90 days into the next calendar year. Te officers have asked the City to buy back a total of 362 unused holiday hours as indicated below at a cost of $6,970.96. Carlson 40 hr $826.32 Deliwo 40 hr $586.00 Englin 38 567.67 Erlandsen 40 861. 01 Flynn 16 354.09 Gulden 28 437.55 Kaley 40 885.22 Koch 40 813 . 39 Scherer 40 826.32 Tucci 40 813.39 Funds exist within the budget pay for this expenditure. ALTERNATIVES: 1. Buy back unused holiday hours as requested. 2. Buy back unused holiday hours but fewer than requested. 3 . Do not buy back unused holiday hours. RECOMMENDATION: Alternative #1. ACTION REQUESTED: Authorize the appropriate City Officials to buy back unused holiday hours from the individuals listed above up to the amount indicated. ONSEN /tk, CONSENT Memo To: Dennis Kraft, City Administrator From: Julie Baumann,Planner I 0 Meeting Date: December 5, 1995 Re: Request for Time Extension to Record the Final Plat for Stonebrooke 2nd Addition INTRODUCTION The City has received a request from Laurent Builders, Inc. (Please see Exhibit A) to extend the 180 day time period for filing of a Final Plat after approval of the plat by the City Council. The applicant requested and received an extension of an additional 180 days in which to file the plat in December of 1993,December 1994, and June 1995. BACKGROUND On July 20, 1993, the City Council approved the Final Plat for Stonebrooke 2nd Addition. City Code Section 12.03, Subd. 4.F states, 'Tithe plat is not filed within 180 days after approval by the Council, the Council may rescind its approval and shall notify the Scott County Recorder/Register of Titles". The City Code does not list criteria for determining whether the time period for recording of a plat should or should not be extended. In the past, the City has made the determination on the basis of changes that have occurred relating to the plat which may necessitate the City reviewing the plat again. There are no changes being made to the Final Plat itself. ALTERNATIVES 1. Offer and pass a motion extending the 180 day time period for recording the Final Plat for Stonebrooke 2nd Addition by an additional 180 days. 2. Offer and pass a motion extending the 180 day time period for recording the Final Plat for Stonebrooke 2nd Addition by a shorter period of time. 3. Offer and pass a motion denying the request to extend the 180 day time period for the developer to file the Final Plat for Stonebrooke 2nd Addition, and require the developer to resubmit the plat for approval by the City. STAFF RECOMMENDATION Staff recommends Alternative No. 1. ACTION REQUESTED Offer a motion granting the developer of Stonebrooke 2nd Addition an additional 180 days in which to file the Final Plat with the Scott County Recorder's Office, and move its approval. i:\planningkc\1995kx1205\exsbk2nd.doc LAURENT BUILDERS, INC. 4459727 P.02 1 `r ::: EXHIBIT A 41 j The Laurent Building LAURENT Coi porate Office 128 South Fuller Street,Shakopee.MN 55379 _____ q U{L D E R S,Lt N c. ( t2)445-6745 1 November 28, 1995 Mr. Paul Bilotta Acting City Planner 1 City of Shakopee Dear Mr. Bilotta: I l As you are likely aware, tie have yet to record the final plat for Stonebrooke 2nd Addition. We hereby respectfully request the maximum time extension for doing so. To our knowledge no , changes have occurred whih would decrease the desirability I of this plat from the Citi's perspective. } Thank you for your considtration. 1 ?1.! ...- 1 - 1 Sincerely, LAURENT BUILDERS, INC. I ft:i 1 Vice President 1 ! RRL/jh • r ! ' I 1 1 BUILDERS•DEVELOPERS 131 60001742 lac, Memo To: Dennis Kraft, City Administrator ,j. f From: Terrie A.Thurmer,Assistant City Planner Date: November 28, 1995 Re: Appeal of the Decision of the Board of Adjustment and Appeals regarding PC-732, Conditional Use Permit: Two Principal Structures per Lot; To Operate a Car Wash within One of the Principal Structures; and to Operate a Gas Station. Introduction SSG. Corporation requested a Conditional Use Permit as per the following sections of the City Code: Section Subd, Subject Sec. 11.37 Subd. 3 Conditional Uses within the Highway Business Zone: Item E: Gas stations; Item L: Car washes; and Item T: Developments containing more than one principal structure per lot. At the November 9, 1995, meeting, the Board of Adjustment and Appeals approved the request for the Conditional Use Permit, subject to the following ten conditions: 1. The proposed car wash structure shall comply with the setback requirements for principal structures within the Highway Business (B-1) Zone, including the 20 foot interior side yard setback requirement. 2. The site shall be designed and placed to facilitate ingress, egress, and overall circulation, both for the development as a whole and for the individual buildings and structures within the development; 3. The site shall consist of structures that are owned, maintained, and operated under unified control in accordance with a plan which contain provisions providing for the enforcement thereof; 4. There shall be no vehicles which are unlicensed and/or inoperable stored on the premises; 5. All repair, assembly disassembly, and maintenance of vehicles shall take place within a building, except minor maintenance such as tire inflation, adding oil, and wiper replacement; 6. There shall be no sales, storage, or display of any used vehicles; 7. The car wash shall utilize a water conservation or recovery system; 8. The car wash shall provide stacking for at least three vehicles per aisle. The required stacking shall not interfere with internal circulation patterns or with designated parking facilities, and shall not be located in any public right-of-way, private access easement, or within the required parking setback(15 feet); and 9. The car wash shall not have a public address system which is audible from any residential property. 10. The business hours of the gas station and car wash shall be limited to 6 AM to 11 PM. The applicant is appealing Condition No. 10 to the City Council. Attached is the following documentation: Attachment A, Letter from SSG Corp. requesting the appeal; Attachment B, Copy of the November 9, 1995, Board of Adjustment and Appeals staff memo; and Attachment C, Copy of the portion of the Minutes from the November 9, 1995, meeting of the Board of Adjustment and Appeals. Discussion The Shakopee Board of Adjustment and Appeals held a public hearing regarding this request at its November 9th meeting. At this meeting, there were a number of residents in attendance that expressed objections to the gas station /car wash, as well as its proposed hours of operation. At the end of the public hearing, the Conditional Use Permit request was approved subject to ten conditions. The applicant has submitted the attached letter requesting an appeal of the decision of the Board of Adjustment and Appeals regarding condition No. 10, which limits the hours of operation for the gas station and the car wash to between 6 AM and 11 PM. Section 11.89, Subd. 6, regarding appeals, states that, "Any person aggrieved by a decision of the Board of Adjustment and Appeals regarding a Conditional Use Permit may have such decision reviewed by the City Council if a request for review is submitted to the Zoning Administrator within 10 days of the date of the decision. The appeal shall be in writing and shall include a statement of the alleged errors or omissions of the Board." The applicant is requesting that it be treated as other gas stations and convenience stores in the City of Shakopee, and not have its hours of operation limited. Condition No. 10 was an additional condition imposed by the Board of Adjustment and Appeals per City Code Section 11.85, Subd. 6, which states, "In granting a conditional use permit or altering an existing conditional use pennit, the Board of Adjustment and Appeals or the City Council may impose conditions in addition to those specified in this Chapter in order to preserve the health, safety, or welfare of the community or in order to implement the purposes of this Chapter or the comprehensive plan." This additional condition imposed by the Board is more of a policy issue than a technical issue. However, staff has provided the following facts to assist the City Council in making its decision: 1. The site is located within the Highway Business (B-1) Zone. Retail sales are a permitted use within this zone. Therefore, a Conditional Use Permit would not be required for a convenience store or similar retail establishment, and the hours of operation could not be limited by the City. 2. Gas stations and car washes are not allowed within any zone as a permitted use. 3. Gas stations are allowed as a Conditional Use within only the Highway Business (B-1) and Central Business(B-3)Zones. Car washes are allowed as a Conditional Use only within the Highway Business(B-1)Zone. 4. The area surrounding the subject site has been zoned for commercial development since 1979. In April of 1993, the eastern 10 acres of the 18 acre subdivision (Parkview 1st Addition)was rezoned from Highway Business to Urban Residential at the request of Dalles Properties. The eastern ten acres have been developed with single family residences since this rezoning. 5. A 120 foot wide drainage easement which contains the Upper Valley Drainage Ditch is located between Country Village Apartments and the motel proposed to be located on the northern portion of the subject site. 6. Other gas stations and car washes are in operation less than a block from residentially zoned areas without a limit placed on their hours of operation by the City. These operations include the following: r> Canterbury Car Wash 612 1st Ave. East B-1 Less than 1 Block from R-1 C Hennen's ICO 807 1st Ave. East B-1 Less than 1 Block from R-2. Holiday Station 444 1st Ave. East B-1 Less than 1 Block from R-1 C. Shakopee Car Wash 721 Marschall Road B-1 Adjacent to R-3 Zone. SuperAmerica 1155 1st Ave. East B-1 Less than 1 Block from R-2. Tom Thumb Superette 590 Marschall Road B-1 Adjacent to R-3 Zone. Alternatives 1. Uphold the decision of the Board of Adjustment and Appeals and affirm its approval of Condition No. 10. 2. Modify the decision of the Board of Adjustment and Appeals by revising Condition No. 10 to reflect other hours of operation. 3. Overturn the decision of the Board of Adjustment and Appeals and delete Condition No. 10 entirely. 4. Table the decision regarding the appeal to allow the applicant and / or staff to provide additional information. Action Requested Offer a motion to direct staff to prepare the appropriate resolution, and move its adoption. i:\planning\cc\1995\cc1205\appeassg.doc [... LT:' ATTACHMENT A CORPORATIOn November 20, 1995 Ms. Terrie Thurmer City Of Shakopee 129 Holmes Street South Shakopee, MN 55379 Dear Ms. Thurmer, I am writing to you regarding a Conditional Use Permit to develop a gas station /convenience store at the corner of Marshall Road and Verling Drive. That request was passed by the Board of Appeals on November 9, 1995. As a condition of that permit, the operating hours were restricted from 6am - 11 pm. We wish to appeal that restriction to the City Council. Our request is to treat us as any other gas station/convenience store and not limit our hours of operation. It is unprecedented in the City of Shakopee to restrict the hours of a gas 1 station/convenience store. it will be impossible•forour operation to compete with this restriction... - . .. • V . - .. ..- We •feel this decision was made without the proper input regarding these two areas: 1. Because of an accident, a representative of our company was unable to attend the Board of Appeals meeting. Therefore, it was not adequately explained to the Board how this restriction would adversely affect this development. In surveying other gas stations/ convenience stores, located in Shakopee, we found that every one is open longer hours than 6am - 11 pm. Many of these locations are closer to residential property than our site will be. The City of Shakopee has restricted hours in the past for three types of businesses: One, mining operations; two, home businesses; and three, taverns. There are specific reasons and circumstances to restrict these types of operations. However, we do not feel it is appropriate to restrict the hours of a commercial retail business, such as ours, doing business in a commercially zoned area. . '2., We feel the future development of this area also was not taken intoconsideration when adding this restriction.'This area is zoned -- 715/386-8281 0 612/436-7. 498 FAX 386-7421 P.O. BOX 287 512 SECOND STREET HUDSON, WI 54016 -� 00050i commercial and with the Highway 169 bypass, this area will be the new growth for commercial expansion in the city. A gas station/ convenience store may seem to "stick out" now, but once the development starts, it will be only a part of all the other businesses to locate at the intersection. A big concern was from the apartment buildings to the north. We are negotiating with a motel to locate on part of our property. If this negotiation is successful, that motel will shelter the apartment building from our convenience store. Also, future development to the east of our lot will shelter the residential area from our convenience store. It has been our understanding that the City of Shakopee is supportive of the future commercial development that will occur in this area of the city when the highway bypass is completed. We are very proud to be a part of this development and will construct and operate a first class facility. It is our hope that the City treats this commercial district the same as the other commercial districts and allows us to operate without the restricted hours of operation. Thank you for your time and consideration. I look forward to discussing this at your next City Council meeting. Sincerely, Ke in Vance Development Director ATTACHMENT B OFFICIAL PROCEEDINGS OF THE BOARD OF ADJUSTMENTS AND APPEALS Regular Session Shakopee,Minnesota November 9, 1995 MEMBERS PRESENT: Mars,Joos,Bladow,Madigan,Link,DuBois and Christensen MEMBERS ABSENT: None STAFF PRESENT: Paul Bilotta,Planning Director Julie Baumann,Planner I Dave Nummer, Staff Engineer Clare T.Link,Recording Secretary 1. ROLL CALL Chairman Mars called the meeting to order at 7:30 p.m. Roll call was taken as noted above. 2. APPROVAL OF AGENDA The agenda was approved as submitted. 3. APPROVAL OF OCTOBER 5, 1995,MEETING MINUTES The minutes were approved as submitted. 4. RECOGNITION OF INTERESTED CITIZENS The Chair recognized anyone in the audience wishing to speak on any item not on the agenda. There was no response. 05 4_ . PUBLIC HEARING: TO CONSIDER AN APPLICATION FOR A CONDITIONAL USE PERMIT TO SELL MOTOR FUEL, TO OPERATE A CAR WASH, AND TO BUILD TWO (2) BUILDINGS ON ONE LOT. THE SUBJECT SITE IS LOCATED AT LOT 1,BLOCK 1,PARKVIEW ADDITION Ms. Baumann stated that the applicant has submitted an application for a Conditional Use Permit to allow two buildings on one lot, to operate a car wash, and to operate a gas station. The subject site is located east of Marschall Road and north of verling Drive and is zoned Highway Business (B-1). Staff is recommending the approval of the Conditional Use Permit, subject to the 8 conditions discussed in the staff memo. John Hogenson. project design for SSG Corporation stated that the staff recommendations are agreeable to SSG Corporation. Commissioner Mars asked if the 3-tank, 12,000 gallons per tank is the standard for gas stations. Mr. Hogenson replied that it is an average; some stations have more, some have less. Commissioner DuBois noted that the site is 1.61 acres, but the entire parcel is over 4 acres in size. Mr. Hogenson replied that they are proposing to build on the front 200' on Marschall Road. Commissioner DuBois asked what the setback for the front of the building will be. Mr. Hogenson replied that it is thirty feet. Commissioner DuBois asked what determines which is the front yard and which is the side yard. Mr. Bilotta stated that the narrowest is the front, and the side yards are 90 degrees from that. Commissioner Mars asked for a comment on the proximity of the curb cuts. Mr. Bilotta replied that the standard for curb cuts in a commercial area is 200 feet. Mr. Nummer discussed the proximity of the curb cuts in this area. Commissioner Mars asked if there will be landscaping in the car stacking area for the car wash. Mr.Hogenson replied that there will be landscaping in this area. Commissioner Mars noted that the landscaping would be right on the property line and asked if that is acceptable. Mr. Bilotta stated that the Board could impose additional conditions, if they felt it necessary. Commissioner DuBois had a question regarding the placement of the restaurant. She said that it appeared that the front of the restaurant would face the back of the gas station. Mr. Hogenson replied that this is a concept design, and that there might not even be a restaurant. Dorothy Hergott, Swift Circle. Shakopee, asked if traffic would be routed from Ramsey or V erling. Commissioner Mars replied that access would be provided to the station from either street. Ms. Hergott asked what the hours of operation would be. Commissioner Mars replied that it could operate 24 hours a day. Mr. Hogenson stated that their standard practice is to operate 24 hours a day, but this will be reconsidered depending on the amount of business. Larry Anderson, Country Village Apartments. Shakopee, asked how many stalls the car wash will have and if it will accommodate only cars, trucks and pickups. Mr. Hogenson replied that the car wash is a building 18' x 50' in size and will wash cars, trucks, vans and pickups. Commercial vehicles cannot use the car wash. Mr. Anderson replied that the residents of Country Village Apartments are not in favor of this use. They would prefer an office or medical building with normal business hours. They had concerns about increased crime, noise, the bad element that will be attracted to this business, and increased garbage. Commissioner Christensen arrived at 7:48 p.m. Mr. Anderson stated that the proposed use is too close to residents and needs to be further south. Mr. Bilotta explained the purpose of a conditional use permit and the process of approval or denial by the Board. John Miles, Country Village Apartments, Shakopee stated that he had a strong objection to this proposal based on the noise levels that will be created. Commissioner Bladow arrived at 7:55 p.m. Commissioner Joos asked if there are some state guidelines regarding noise in that area. Mr. Nummer stated that there are not any city guidelines. State guidelines apply to arterial highways. He noted that there will be more commercial uses in this area. Commissioner DuBois asked if there is a spacing requirement for ingress and egress. Mr. Nummer noted that the minimum is 150', which he felt would be adequate. The state and county have recommended 150' from the curb to the edge of the driveway. He discussed access to the site. Commissioner DuBois discussed her concerns about future traffic in this area and the difficulty with turning into this site. Ed Dupree, Country Village Apartments, Shakopee believed that putting two buildings on one lot would be "trashing" the area. He had concerns about noise, increased number of sirens, increase in traffic, and the use of public address systems all night long. He was opposed to the use of the land. Commissioner Joos stated that the zoning is Highway Business (B-1) for this site, and a gas station is allowed under this zoning. He noted that additional conditions could be placed on the request. He stated that some of the conditions may very well rectify the residents'concerns. Mr. Bilotta stated that the public address system will be added as Condition No. Nine. Condition No. Nine shall read that"There shall not be a public address system which is audible from any residential property". Commissioner Mars questioned the setback for the car wash. Mr. Hogenson noted that the setback for the car wash is currently at ten feet, but that the placement of the car wash can be moved to accommodate the required 20 foot setback. Mr. Hogenson discussed the state law for a public address system for safety reasons. Larry Oaks, Country Village Apartments. Shakopee,asked if the zoning is written in stone or if it can be rezoned to residential. He felt that it should be changed. Mr. Bilotta discussed the rezoning process and the need to conform with the Comprehensive Plan. Commissioner Joos asked if there would be anything that would stop this use from going forward. Mr. Bilotta stated that rezoning cannot be done retroactively. Dorothy Hergott, Swift Circle. Shakopee, asked if there is anything that can be done. Ms. Hergott asked if the reason we are here is to say yes or no to the car wash. Commissioner Mars replied that there are other uses that they could go on this site without a conditional use permit. Mr. Bilotta discussed other uses which could go on this site without a conditional use permit. Ms. Hergott stated that she would prefer to have one building on the site, that it be closed at night, and that there be landscaping on the east side of the property. She noted that she was told when she bought her property that an office building would be built on this site. Cynthia Koopman. Swift Circle. Shakopee, stated that she was also told that professional buildings would be constructed on this site. She stated that she doesn't want loudspeakers at the gas station. She was concerned about a decrease in property values. Tim Render, SSG Corporation discussed zoning in the area. Ed Dupree. Country Village Apartments. Shakopee,was concerned about lighting on the site. Mr. Bilotta discussed exterior lighting components. He discussed screening requirements for refuse and parking. He stated that there is an enforcement process in place so that the applicants will follow the requirements of the conditional use permit. Larry Oaks suggested that there might be new thoughts on the zoning with the new Council coming on board in January. He discussed other locations which might be more appropriate for this business. Commissioner Joos stated that as long as all conditions are met, the applicant can do what he wants with the current zoning. He asked for input on what the conditions should be for this use. Tim Render. SSG Corporation, stated that an application will be brought forward for a motel across the street from the Country Village Apartments which will serve as a nice transition from one use to another. Kristin Nelson. Swift Circle. Shakopee,stated that many of the residents are not in favor of this use. She stated that she would like a condition added that it close at 9:30 or 10:00 p.m. She was also concerned about robberies. Lawrence Kreiser, Country Village Apartments. Shakopee, discussed his concerns about the proposed use. He was opposed to all night long operations. Commissioner DuBois asked for clarification of whether or not this use would need a conditional use permit without a car wash. Mr. Bilotta stated that a conditional use would still be required for a gas station at this location. Larry Anderson asked if time constraints can be put on this business. Commissioner Mars stated that hours can be limited. Mr. Anderson asked if later on, the hours could be changed if there are complaints. Commissioner Mars stated that conditional use permits are reviewed. Mr.Bilotta discussed the permit review process. Commissioner Mars asked if the Board can initiate the review of a standard conditional use. Mr. Bilotta stated that a review can be initiated in the event of complaints. Commissioner Christensen asked if the site would be fairly well screened. Commissioner Mars stated that it would have to meet the standard screening criteria. Mr. Bilotta recommended that the Board require additional landscaping in any areas they deemed necessary. Cindy Koopman, Swift Circle. Shakopee, stated that this operation should be closed for business after 10:00 p.m. She stated that she would like to see pictures of what the use will look like. Mr.Hogenson reviewed other sites that have been built. Motion: Commissioners Joos/Madigan offered a motion to close the public hearing. Vote: Motion carried unanimously. Motion: Commissioners Joos/Christensen offered Conditional Use Permit Resolution No. PC-732, A Resolution Granting a Conditional Use Permit for Two Principal Structures on One Lot; To Operate a Car Wash within One of the Principal Structures; and to Operate a Gas Station within the Highway Business(B-1)Zone, subject to the following conditions: 1. The proposed car wash structure shall comply with the setback requirements for principal structures within the Highway Business (B- 1)Zone,including the 20 foot interior side yard setback requirement. 2. The site shall be designed and placed to facilitate ingress, egress, and overall circulation, both for the development as a whole and for the individual buildings and structures within the development. 3. The site shall consist of structures that are owned, maintained, and operated under unified control in accordance with a plan which contains provisions providing for the enforcement thereof. 4. There shall be no vehicles which are unlicensed and/or inoperable stored on the premises. 5. All repair, assembly, disassembly, and maintenance of vehicles shall take place within a building, except minor maintenance such as tire inflation, adding oil, and wiper replacement. 6. There shall be no sales, storage, or display of any used vehicles. 7. The car wash shall utilize a water conservation or recovery system. 8. The car wash shall provide stacking for at least three vehicles per aisle. The required stacking shall not interfere with internal circulation patterns or with designated parking facilities, and shall not be located in any public right-of-way,private access easement, or within the required parking setback(15 feet). 9. The public address system shall not be audible from any residential property. Commissioner Christensen suggested that the hours of operation be limited to 6:00 a.m. to 10:00 p.m. Commissioner Joos suggested 11:00 p.m. Commissioner DuBois stated that there are other alternative locations for this gas station in the city that would be more appropriate. Commissioner Bladow was in favor of the 11:00 p.m. closing time. Commissioner Mars was concerned about restricting the hours of operation. Commissioner Christensen asked for the applicant's input on the hours of operation. Mr. Hogenson stated that they are requesting 24-hour operation. Hours are only cut when economics warrant it. He noted that residents in other areas have requested that the business remain open longer. Motion: Commissioners Joos/Bladow offered a motion to restrict the hours of operation to between 6:00 a.m.to 11:00 p.m. Vote: Motion carried,with Commissioner Link voting against this motion. Commissioner Mars noted that this would be added as Condition No. 10. Commissioner Christensen felt that if screening exceeding what is required in the performance standards is needed,then it should be done. Mr. Bilotta reviewed what the screening requirements would be on this site. Commissioner Joos discussed the need to protect sight lines on the lot. Commissioner Christensen asked if the screening could come back for review. She also stated that she would be more comfortable reviewing this permit in a year. Commissioner Joos believed that the permit should be reviewed on a complaint basis only. As long as they meet the performance standards and conditions, it would be a waste of time to review it annually. Commissioner Link agreed with Commissioner Joos. Vote on original motion: Motion carried. DuBois voted against the motion. ATTACHMENT C Applicant: S-S-G Corporation Memo To: Shakopee Board of Adjustment and Appeals From: Terrie A. Thurmer, Assistant City Planner Meeting Date: November 9, 1995 Re: PC-732, Conditional Use Permit: Two Principal Structures per Lot; To Operate a Car Wash within One of the Principal Structures; and to Operate a Gas Station. Site Information Applicant S-S-G Corporation Location 1290 Ramsey Street NE Corner of the Intersection of Marschall Road (CR 17) and Vierling Drive. Current Zoning Highway Business, (B-1) Comp. Plan Designation 1980- Commercial Draft 1995 - Commercial Municipal Utilities Site is served by municipal utilities. Adjacent Zoning Zone Title North (B-1) Highway Business South (B-1) Highway Business East (B-1) Highway Business West (AG) Agricultural Case History The site was annexed into the City of Shakopee in October of 1971, and was platted as Lot 1, Block 1, Parkview 1st Addition in 1993. Lot 1 is 4.70 acres in size. However, the applicant is proposing to reduce the size of this lot through the Minor Subdivision process. The subject site is located on the southern 200 feet of Lot 1, and will measure 1.61 acres in size. Introduction The applicant is requesting a Conditional Use Permit to allow two principal structures per lot; to operate a car wash within one of the principal structures; and to operate a gas station. Exhibits are attached as follows: Exhibit A, Zoning Map; Exhibit B, Cover Letter; Exhibit C, Cover Letter regarding a Revision to the Site Plan; and Exhibit D, Site Plan. The applicant requests a Conditional Use Permit, as per the following sections of the City Code: Section Subd. Subject Sec. 11.37 Subd. 3 Conditional Uses within the Highway Business Zone: Item E: Gas stations; Item L: Car washes; and Item T: Developments containing more than one principal structure per lot. Findings The criteria required for the granting of Conditional Use Permits are listed below with staff findings. Criteria #1 The use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the immediate vicinity; Finding#1 Staff has received no evidence that the use as conditioned will be injurious to the uses and the enjoyment of other property in the immediate vicinity, nor would it substantially diminish or impair property values in the area. Criteria#2 The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for uses allowed in the area; Finding#2 The subject site contains 1.61 acres of land. The area surrounding the site is also zoned Highway Business (B-1), except for the land west of Marschall Road (CR 17). This area is currently zoned Agricultural, but is designated as Commercial in the draft 1995 Comprehensive Plan. The use as conditioned should not impede future development in the area. Criteria#3 Adequate utilities, access roads, drainage, and other necessary facilities have been or are being provided; Finding#3 The site has adequate utilities for the use as conditioned, and adequate access is provided to the site. Engineering staff has commented that the applicant should be made aware that the approval of the Conditional Use Permit does not imply other approvals, such as Stormwater Management. This issue will be addressed with the Building Permit. Separate Building Permits for signage and the proposed structures will are required. Criteria #4 The use is consistent with the purposes of the zone in which the applicant intends to locate the proposed use; and Finding#4 The use as conditioned is consistent with the purposes of the zoning code and complies with Section 11.85, Subd. 1, regarding Criteria for Granting Conditional Use Permits. However, according to the site plan, the applicant is proposing only a 10 foot setback from the northern lot line and the proposed car wash. A 20 foot setback is required for all principal structures located in the B-1 Zone. Therefore, staff has recommended a condition requiring that the proposed car wash comply with this setback. The use as conditioned will be able to meet the Design Standards of the Highway Business Zone, as well as the parking requirements for these types of uses. The total number of parking stalls required will be 30 stalls, and forty (40) stalls are proposed to be provided on the site. Criteria#5 The use is not in conflict with the Comprehensive Plan. Finding#5 The uses as conditioned are consistent with the Comprehensive Plan. The area is designated for commercial uses in the draft 1995 Comprehensive Plan. Alternatives 1. Approve the Conditional Use Permit. 2. Deny the Conditional Use Permit. 3. Continue the public hearing and request additional information from the applicant. Staff Recommendation Staff recommends the approval of the Conditional Use Permit, subject to the following conditions: 1. The proposed car wash structure shall comply with the setback requirements for principal structures within the Highway Business (B-1) Zone, including the 20 foot interior side yard setback requirement. 2. The site shall be designed and placed to facilitate ingress, egress, and overall circulation, both for the development as a whole and for the individual buildings and structures within the development; 3. The site shall consist of structures that are owned, maintained, and operated under unified control in accordance with a plan which contain provisions providing for the enforcement thereof; 4. There shall be no vehicles which are unlicensed and/or inoperable stored on the premises; 5. All repair, assembly disassembly, and maintenance of vehicles shall take place within a building, except minor maintenance such as tire inflation, adding oil, and wiper replacement; 6. There shall be no sales, storage, or display of any used vehicles; 7. The car wash shall utilize a water conservation or recovery system; and 8. The car wash shall provide stacking for at least three vehicles per aisle. The required stacking shall not interfere with internal circulation patterns or with designated parking facilities, and shall not be located in any public right-of-way, private access easement, or within the required parking setback(15 feet). Action Requested Offer Conditional Use Permit Resolution No. PC-732, A Resolution Granting a Conditional Use Permit for Two Principal Structures on One Lot; To Operate a Car Wash within One of the Principal Structures; and to Operate a Gas Station within the Highway Business (B-1) Zone, and move its adoption. i:\planning\boaa-pc\1995\pc 1109\cupssg.doc • EXHIBIT A , ,- Y i Y I Y 1 1 t a t 7�t 1 Y l M 1 �^ 1e• ,, .ti 4 g 3 7- 6 rR ? 2 3 4 S 2 ? 3 V� tifir.).: • + • �'i s i + f ,• s r •61 r �i +AVE. S■ , • s ����� Ino 1 1 = cin©71%76 .in g2 • + 11111o■!■R s� `� 4,41 - ' 054 41 AMIN miCW • MIS 4111P.19171 Elk rk/K � ti" o o Sim *t' o d0 d Sr1?�lERi(fi J '„v t& s ?ispe �. . co milmtrw,A,Tia, W.-- R 3 oelil�� eels s� �e Dl©lrlg�lil - �-AIN 4i - �/��OWL= C^ • Dt • t t I I N •• �I�I� i�©..a ��_ s SUBJECT SITE `►� 2 ` ..,__,__E-141. A `�1 l-= � �� gyp!- 1 -- ---___ L �•-9� 1 Y • ©dlli � 0WASE1I IF -' ' . _ i! .1.. : '- I. Rt12-•::'-: _ _ A G li 1.1.1.5iinit I I AG AGRICUL TURF . A l I RR RURAL RE SIDEN AL • I I R 1 A LOW DENSITY RESIDENT;::_ I I P,1 B URBAN RESIDENTIAL I RIC OLD SHAKOPEE RESIDENT=,;! ,` I I R2 MEDIUM DENS:TY RESIDE�ti T i ,L I. I R3 MULTIPLE FAMILY RESIDENT:.AL = B1 HIGHWAY BUSINESS GRAPI r---1 B2 OFFICE BUSINESS 1----1B3 CENTRAL BUSINESS 0 800 1200 1600 i • n 11 LIGHT INDUSTRIAL • J 12 WEAVY INDUSTR+AL i 1 ( n CD MR MAJOR RECREATION 1 incf - O S SHOREI_AND I E F FLOODPLAIN DISTRICT MANDATORY PUD ----- Tr-�- M MINING OVERLAY Zoning Map _--� City of SHAKOPEE EXHIBIT B- CORPORRTIOf1 Fa._rE ;e'' /�En OCT 1 6 1995 October 13, 1995 Board of Adjustment and Appeals City of Shakopee 129 Holmes Street South Shakopee, MN 55379 SUBJECT: CONDITIONAL USE PERMIT ,,:i., .::„, [41. 6 i SSG CORPORATION NE. CORNER VIERLING DRIVE AND CSAH #17 SHAKOPEE, MN 55379 Dear Board Members: The developer, SSG Corporation, requests the consideration and approval of this Board to enable them to provide gasoline sales and an automatic car wash along with the convenience store which is a permitted use. The facility will offer the usual line of convenience foods and goods within the 3648 SF. building. A drive thru automatic car wash will be housed in 18' x 50' building. Three grades of gasoline will be marketed thru 8 multigrade dispensers providing fueling points for 16 vehicles at one time. A 46' x 138' island canopy will provide weather protection and lighting for the island area. The canopy will have a clearance of 14'6" and will have 3" high facia on all 4 sides. The gasoline will be stored in 3 - 12,000 gallon double wall storage tanks. The gasoline piping will be double wall piping. Both tanks and piping will be equipped with the continuous monitoring of any possible leaks. All the equipment used will be utilizing the latest technology available at the time of installation. This facility will be operating 24 hours per day, utilizing 3 shifts and a minimum of 2 employees per shift. The construction will be scheduled so that is will be opened shortly before the bypass construction is completed and opened, which at this time appears to be November, 1996. This facility will provide a much needed service for those travelers using the bypass as it will be the only location providing these services from 1-494 in Bloomington to the 715/386-8281 0 612/436-7498 FAX 386-7421 P.O. BOX 287 512 SECOND STREET HUDSON, WI 54016 1 IüUOSt1 r junction of the bypass and STH #164 south of Shakopee. It will also provide gasoline and convenience goods to the neighbors of the location. Listed here after are the responses to the "Criteria for Granting Conditional Use Permits." A. The proposed uses will not be injurous to the use of the other properties in the immediate vicinity of the site as the undeveloped properties in the immediate area are all zoned B-1 Highway Business. The quality construction and land- scaping of the proposed use will enhance the other developments proposed. B. The establishment of the conditional use will not impede the normal and orderly development of the surrounding vacant properties for additional uses permitted in a B-1 district because there are uses already proposed for the remainder of the lot with one being a motel and the other a restaurant. C. The site is serviced by streets, adequate utilities have been provide with laterals for both water and sanitary already stubbed into the site. Underground telephone service has also been installed. There is adequate room on the site to provide storm water ponding as per NERP requirements, which can be directed on to the 120' drainage casement located north of the site. - D. The use is consistent with the purposes of the zone as the convenience store is a permitted use and the gasoline sales and the car wash are allowed as a conditional use. E. The proposed uses are not in conflict with the comprehensive plan The SSG Corporation with their proposed facility meets all criteria for a Conditional Use and all other requirements of the Shakopee Zoning Ordinance and it will provide a needed service to travelers and local residents. We hope that you look favorable on this request and that you grant the Conditional Use Permit. Sincerely, 1 Ke in Vance Development Director SSG Corporation KV:kh -- _ __ . EXHIBIT C— MN. _ t 84oserStxet-r-.4o'q.a..It), hsa . le--ow-S.warAcv sart< O -- -"- ' — C„Q)re-tlAt.Perms.-s Q•t/Arna tiAo� r - - • .f .►I' __ iia'_. -i.03c. i I 2!4./11' _ YY Iotas —his --`*1� i wink L drK•s ue:o t �/ i Gten✓- - - :'°°s► ��gerF./ iwNwh.r T k Pio �lCi`C dwwE •164t�t i • fir , f /E.vv _so, g .0144 Soot amefiS w I s� i -- �-- riiEh4—i - 4 f Jai 1 fir1 •I . . Ms% [ it. 141rA11ts tt i ,., Jas 1 i 111 .1 • 3 re,,..c. 9 O'ro. f-3s•rffiar,*_t(' ,S r •e : [ten ® - J ..+” y• /fit .. . t - �,I i 41' j -f. - 41 : I !c' 1 �� 45' + i, s k r1 . te' , Se Ce 4+• I sod;' ' ® Q_® F I 41 ` II 41 a Abto S.v i L I p , I �.. ,....r r _ MM 4CCno C•WI/r Ler".1 V _ E, /Lc. e-c.,_./14- Loow•rs ur.. �, ‘1_ .ILOt g !h 1 z 'Y ru.w I` --- - - (•,'' ' aw t 404.4..5.01i) $rru Ya 2 m t I `aL r� ur `e.;see",ts - u,r t a..�4rlBoosr I ti i 1 .—.- _: • 41 q - .- -- Dicer./A•teq — - - �.v p , /3J.o' 200.0• /D•Ufa,+?[Att. 24 5'93./3 Epee.' - :Re. . MA/T SNAL L Re f.S4 A fill H iC C EOV V `Z "�'�N•i400 oo...s r ee.rsvr o sdro .l - 9 / _gem,.Ivro Srw6sol,.Sirs • Mono-L. RES r r itor /lora .Sao O C t 1 6 1995 /�f /!321 514 4, St o r,% 7�01.290 .S., �'/rE �:AN a,ors o.f #' a5:01.o s, . /75-75 s.f. N/LX.../-vcs /1,i/1Zat el X.00,7 t 473 s.s t /0,5-20 S.<, .t/,00•5.7k SO4co ttc, 4;v 60/ore, - - Sudors -- ZSAvro;tet/�stee-2-Ja...vvs-3•c4twA,,, mu ) smut /iio eww • .r« sv- awtwn />L 745 wore !s Avco 5-4..7re.rs ast 9 9/05. /6 Avro Iscwros .SSG,c.w1 4,sr.4u+...Gf,+¢.G.ILrwsN 1trrArw.J (hCi,resiEaJ Sit So. .S«.wo ss mow:sew•moi. s+rars z6,r4,Jo1 Ass e€ prey fAES/s44,9 I ww imamw11 twstr I v, EO.WA;Ir wt lJl l L RESOLUTION NO. PC-732 A RESOLUTION OF THE CITY OF SHAKOPEE, MINNESOTA, GRANTING A CONDITIONAL USE PERMIT FOR TWO PRINCIPAL STRUCTURES ON ONE LOT; TO OPERATE A CAR WASH WITHIN ONE OF THE PRINCIPAL STRUCTURES; AND TO OPERATE A GAS STATION WITHIN THE HIGHWAY BUSINESS (B-1)ZONE. WHEREAS, S-S-G Corporation, owner and applicant, has filed an application dated October 16, 1995, for a Conditional Use Permit under the provisions of Chapter 11, Land Use Regulation (Zoning), of the Shakopee City Code, Section 11.85, Subd. 2, for a Conditional Use Permit for the following: 1. For two Principal Structures on one lot; 2. To Operate a Car Wash within One of the Principal Structures; and 3. To Operate a Gas Station. WHEREAS, this parcel is presently zoned Highway Business (B-1); and WHEREAS, the property upon which the request is being made is legally described as follows: That part of Lot 1, Block 1, Parkview 1st Addition, described as follows: Beginning at the SW Corner of said lot, thence North along the West line of said lot 200.0'; thence 90 degrees East for330.0'to a point on the East line of said lot; _ thence South along the East line of said lot 226.0 plus or minus, to the SE Corner of said lot; thence North 86 degrees 41 minutes, . 05 seconds for 330.64 feet to the point of beginning; and WHEREAS, notice was provided and on November 9, 1995, the Board of Adjustment and Appeals conducted a public hearing regarding this application, at which it heard from the Planning Director and invited members of the public to comment. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF ADJUSTMENT AND APPEALS OF THE CITY OF SHAKOPEE, MINNESOTA, AS FOLLOWS: That the application for Conditional Use Permit Resolution No. PC-732 is hereby APPROVED, based on the following finding(s) with respect to City Code Sec. 11.85, Subd. 1, "Criteria for Granting Conditional Use Permits": Finding #1 The Board has received no evidence that the use as conditioned will be injurious to the uses and the enjoyment of other property in the immediate vicinity, or would substantially diminish or impair property values in the area. Finding #2 The use as conditioned should not impede future development in the area. The subject site contains 1.61 acres of land. The area surrounding the site is also zoned Highway Business (B-1). except for the land west of Marschall Road (CR 17). This area is currently zoned Agricultural, but is designated as Commercial in the draft 1995 Comprehensive Plan. Finding #3 The site has, and/or will have, adequate utilities for the use as conditioned, and adequate access is provided to the site. Engineering staff has commented that the applicant should be made aware that the approval of the Conditional Use Permit does not imply other approvals, such as Stormwater Management. This issue will be addressed with the Building Permit. Separate Building Permits for signage and the proposed structures will are required. Finding #4 The use as conditioned is consistent with the purposes of the zoning code and complies with Section 11.85, Subd. 1, regarding Criteria for Granting Conditional' Use Permits. However, according to the site plan, the applicant is proposing only a 10 foot setback from the northern lot line and the proposed car wash. A 20 foot setback is required for all principal structures located in the B-1 Zone. Therefore, a condition requiring that the proposed car wash comply with this setback has been imposed. The use as conditioned will be able to meet the Design Standards of the Highway Business Zone, as well as the parking requirements for these types of uses.The total number of parking stalls required will be 30 stalls, and forty(40) stalls are proposed to be provided on the site. Finding#5 The uses as conditioned are consistent with the Comprehensive Plan. The area is designated for commercial uses in the draft 1995 Comprehensive Plan. AND, that the application for Conditional Use Permit No. PC-732 is hereby GRANTED, subject to the following conditions: • 1. The proposed car wash structure shall comply with the setback requirements for principal - structures within the Highway Business (B-1) Zone, including the 20 foot interior side yard setback requirement. 2. The site shall be designed and placed to facilitate ingress, egress, and overall circulation, both .for the development as a whole and for the individual buildings and structures within the development; 3. The site shall consist of structures that are owned, maintained, and operated under unified control in accordance with a plan which contain provisions providing for the enforcement thereof; 4. There shall be no vehicles which are unlicensed and/or inoperable stored on the premises; 5. All repair, assembly disassembly, and maintenance of vehicles shall take place within a building, except minor maintenance such as tire inflation, adding oil, and wiper replacement; 6. There shall be no sales, storage, or display of any used vehicles; 7. The car wash shall utilize a water conservation or recovery system; and 87. The car wash shall provide stacking for at least three vehicles per aisle. The required stacking shall not interfere with internal circulation patterns or with designated parking facilities, and shall not be located in any public right-of-way, private access easement, or within the required parking setback(15 feet). 9. The car wash shall not have a public address system which is audible from any residential property. 10. The business hours of the gas station and car wash shall be limited to 6 am to 11 pm. C r`r If this Conditional Use Permit is not utilized within one year from this date, or if it is discontinued for a period of six months, it shall become void. Adopted by the Board of Adjustment and Appeals of the City of Shakopee, Minnesota this 9th day of November, 1995. ,, ^^ l/:7 Chair of the Board f Adjustment and Appeals ATTE 7 Planning Director ems a /3çJMEMO TO: Dennis KKraft, City Administrator K FROM: Barry A. Stock,Assistant City Administrator RE: Electrical Contract- Inspector Service Agreement DATE: November 28, 1995 INTRODUCTION: Since 1988 the City of Shakopee has contracted out for electrical inspector services. The current electrical contractor agreement expires on December 31, 1995. BACKGROUND: Electrical inspections are generally handled through the State of Minnesota. Since 1988, the City has elected to place on contract with the City a State approved electrical contractor. Our current contractor, Mr. Terry Krominga has been under contract with the City of Shakopee since 1988. By placing the State electrical inspector under the City's control via a consultant agreement, the City is able to achieve preferential service in terms of when inspection service is available. The City is also able to retain approximately $3,000.00 per year in electrical inspection fees that would not be available if we operated under the standard State contractor scenario. Shakopee's electrical inspection fees follow the State electrical code fee schedule. The proposed service agreement with Mr. Krominga would pass on 80% of the electrical inspection fees collected to Mr. Krominga for his services. This is consistent with previous years agreements. Staff has been very pleased with Mr. Krominga's services and is recommending that the appropriate City officials be authorized to execute the electrical consultant contract with Mr. Terry Krominga for the 1995 calendar year. ALTERNATIVES: 1. Authorize the appropriate City officials to execute the electrical consultant contract with Mr. Terry Krominga for calendar year 1996. 2. Do not enter into an electrical consultant contract with Mr. Terry Krominga for 1996. 3. Seek other sources to perform electrical inspection services in 1996. STAFF RECOMMENDATION: Staff recommends Alternative#1. ACTION REQUESTED: Authorize the appropriate City officials to execute the electrical consultant contract with Mr. Terry Krominga for calendar year 1996. H:/Word/Tami/Admin/Electric ie d° ' CONSENT 1311 TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: Abatement of Special Assessments DATE: November 29, 1995 Introduction The County Auditor has requested that the Council consider abating special assessments on a parcel in Shakopee. Background Parcel 27-056003-0 in Eaglewood 2nd addition was sold/purchased in 1987 . Due to a processing error, the taxes (and special assessments in the amount of $254 . 26) for pay 1987 were not collected. The city has since written off the assessments and paid off the bonds related to the assessments . The county auditor is going to request the County Board to abate the taxes for the parcel in order to clean up the record. The City Council has to act on abatement of special assessments . Action Requested Move to approve of the abatement of special assessments for pay 1987 in the amount of $254 .26 on parcel 27-056003-0 . • 3f CONSENT Attached is a print out showing the division budget status for 1995 based on data entered as of 11/30/95 . Legal is running ahead of budget due to the BIA issue. Included in the bill list are payments for relocation in Blocks 3 & 4 to; Paragon Cable $16,241.15 r , CITY OF SHAKOPEE EXPENSES BY DEPARTMENT 11/30/95 . CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 11 MAYOR & COUNCIL 69,450 5,202 60,176 87 12 CITY ADMINISTRATOR 224,985 16,175 164,501 73 13 CITY CLERK 122,470 13,496 109,883 90 15 FINANCE 303,390 25,551 263,968 87 16 LEGAL COUNSEL 212,090 22,663 215,824 102 17 PLANNING 464,430 31,008 337,487 73 18 GENERAL GOVERNMENT BUILDINGS 148,120 9,795 117,832 80 31 POLICE 1,495,760 163,921 1,344,318 90 32 FIRE 410,240 18,063 302,893 74 33 INSPECTION-BLDG-PLMBG-HTG 197,780 18,843 168,125 85 41 ENGINEERING 357,100 36,722 298,680 84 42 STREET MAINTENANCE 784,180 54,761 529,243 67 44 SHOP 112,120 10,925 89,271 80 46 PARK MAINTENANCE 292,420 17,086 264,905 91 61 POOL 136,580 993 93,007 68 64 RECREATION 239,580 18,774 211,863 88 91 UNALLOCATED 128,270 9,618 32,741 26 TOTAL GENERAL FUND 5,698,965 473,596 4,604,717 81 17 PLANNING 467,160 22,040 292,742 63 TOTAL TRANSIT 467,160 22,040 292,742 63 19 EDA 119,080 6,646 75,638 64 TOTAL EDA 119,080 6,646 75,638 64 i n. r 1 L a 4 i H N El H C4 C4 C4 au au C4 H H H H H H H H Qr CU CU a C4 C4 a C4 C4 C4 H H H H H H H H H H C4 M Oro C4 I E O f , Z E U i oH m NNNNNN € . M m mmmmmm r- p N in to O In Ln 01 : ::C44 C p 4N 01 01 01 CA CA 01 N Olen N r-1 Ln O lA Ln LfI co M M M M M M r-1 N p M m m m H O l0 r-I 000000 U1 Tr M 0 cn at M '� M O M M M i.-_ O N N r-1 0 0 0 0 O O m sr Et O O p O M O p p N O r- O 0 0 N 1` 0 HHHHHH 0 0 O O U) O O 14) 0 0 p p F El(� M r-1 co Tr N N N N N N mm er ri r1 rl nr ri r1 m ri nr M W nr N N sir W dr dr dr dr dr nr dr er nr er dr er dr .r W dr er O CO 1 1 1 1 ) 1 1 1 1 1 I i 1 I1 1 i HHHHHH ri ri ri r-1 r- nr H r- H N H ri 4Z H al nr ri Vr r-I N N m r-1 r-i dr N N N N N ri rl N O O O Vr V W M M H H dr nr M dr M M M M 0 000000 O O O O O O 0 O 0 O O O H Z H z U g w CO H U zU U . Z Z Ea O 0 \ COE H w w Z W H 0 W H H CO H 0 H Z E+ z€� a 0 a U H 0 H C4 C4 H H Cl) 01 \ >1 ] co uJ \ ;,: A El wwwwww v Z Er O U) z z Cl) z z z ' N X 000000 a Z U) H H H W ) C4 040404040404 C4' H X a H W a. �H P co H wwwwww Gw4 HI H ga 1- I _ N D aaaaaa Z Z D w El 41 H H 03 Z pwr a In Cl HHHHHH UO 0 W O 0a Cl X a 0 U 0 W tri v1 U]W va co WWWWWW 43 000000 W HHHHHH X Z 0 U WWWWWW Z U Ei Z f H co W CO U]UI U1 CO02 EE-rU H f. U)MUJU1U1v1 H 0 Ce: ZU U F [f.- A0 CO H x U U)UZ U)U)tq cn a' A H CO wwwwww w w CO 0 A H a H a aaaaaa x x w w w ��aaaa �! H a C4 a r� H H 0 HHHHHH U W Ct' G, r..., El W E1 333333 W W U 4 U] 0 El F4 P4 HHHHHH 4 Cl O zZ 0 Eq a - ' ' U) a,� X 0 4., Cl• C4 CO tls.x 01�a W H W FC Z H W W 0 a0 F W f N W H N H H H N CC!) a F r� rC�7 C� al. Ca • X C4 4 44FC4FC4 � 4 4 rW 01 U U 0 0 0 q A t O O 0 0 O 0 O O N r-i O N H W N O O In In H H O O m m * # * * is .k t:._ Er 00 U110 00 CCD U)m CD 01N 000 00 U1 U1 00 U1 U1 CO CO 00 00 O ; sfr cr m m O O U)U) 40 40 M M H rl U)U) p p p)m p 0 O0 mm 0 CD C3 H ri '- H 10 t0 U)O0M r1H CM OOPI PI W 43 lip W NN NN mm U1 U1 NN O N N ri ri M H0 N ri rim 0 0 0 0 ri H M M 40 40 0 0 10'D P.P. H r-1 M M N N tM 1N N M M N N N N;AM- M. H t!}01-4/FH MW VV 4/1-0- 44-412. VFW. 00 rl rl er dr r i H t/}t/} U1 4/1-4/1- t/?th t/}t? t/} t? t?t? m m N 01 W 4/4- 4/).01. r. . t U W O N N H HHHHHH r1 4 \ \ \ \ \\\\\\ \ \ 0 0 0 0 0 0 0 0 0 0 A HH H H H N N N N N N N N \ \ \ \ \ N N N \ \ H H HHHHHH H H H HH H H H H H H N H H H C) in N L N \\\\\\ \ \ \ \ \ \ \ W m m m m m m m m m m mmmmmm m m U) N Ul 0 0 m m U) Ul x m m m m mmmmmo) m m m m m m m �` U H r 1 H H HHHHHH H Hmrmi H H H H H 01 CM 01 Ch CM m m m m 1 .; 0 H H H H 4f':-. Z N M v H N M Tr U) 10 0 m 0 H N M `. V .tr Tr N N N N N N X MA MA MA MA M A M A M A M A M A M A fM� n N MA M M M Cl Cl c." U 0K 0# 0# 0# 0 # 0* Dir 0* 0* 0# 0# 0# 0* 0i. 0"k Dir 0 t'.:. D3 %). V nr V nr V U) V UI V N V U) V U) V Ln V U) V U) V U) V U1 V U) V In V Ln V U) U Nr i , (1) VI Ili 04 '''...777 a aaaaaaaa a a a a a as a a a a a a a a H H H H H H H H H H H H H H H H H H H H H H H H C4 W 0m I 0 z C2) 0 H 01 0 0 0 0 0 0 0 0 r1 N M VP Vr U) 1.0 N O O1 o U) tO to to 1/40‘0%.0%.0 to to t0 t0 to to N to t0 to t0 t0 N d\ O1 01 O1 01 01 01 01 01 01 01 01 d' 0 01 Q1 M N 01 01 01 a1 01 L!) M M M M M M M M M M M M t0 M M M V' r-1 M M M M M N H 0 0 0 0 0 0 0 0 0 0 0 0 m M 0 0 H U1 0 O O 0 O H O 00000000 O O 0 H N 00 ri to 0 0 0 0 0 H 0 0 00 00000 0 0 L!1 0 0 MM 0 0 0 H O O 0 O H HHHHHr1H r-I M H H H. H V'O ri H H L!) m M H H Er. N MMMMMMMM N N N M N N O N M M H M N M N W V' Tr Vr V'V'Vr Vr V' CIN N Vr Vr d' Vr V. V. N O CQ I I I I I I 1 1 1 I I I I I 1 1 I I I I I I I UD H N O r I to U)M ri 01 H m Vr N N rl M 0 r♦ H H H N H 0 U N N N M N N M M M O N N d� H M ri dr to M U) N CO t0 V' $4�777��-rrr 0 to VD to to to V)0 O 0 0 0 0 0 0 0 01 0 0 0 0 0 0 T w Cz U) U) U) 00000000 U a' W 0 U 0 0 W Z U) HHHHHHHH U) H U) U)D 0 H H H W H a O W 9»9»» W > W H CO U E-1 U 9 U) H H a4 a G4Wa'C>:IXIX H a a a H H I t z Ix gg H a wwwwwwww a w aH >L w w U) w w _ 04 04 W W en UI U)U)U)U) EA a U) a H ' U) co Z H H U) i H a Z a 04 wZ a w M Z C4 coC4 0 H H O N zzzzzzzzW �a Cw7 z z 00 0 X z 0 W 0 00000000 0 U1 0 0 0 0 0 D 0 A Z HHHHHHHH 0 Z �] H z 00 H H U] 0 H H U)U)U)U)U]U)U)U) Z H I� UI H HH en Ul M \ Z Ul H U)WU)U)U)U)U)Cil H El H U) H c4 c4 0 U) CO a' ►a H U) U WWWWWWWW A W W Q HH W W W A W gwwwwwwww a gw w x UU D4 W[14 a w co 00000000 H W H 0 W WW 0 0 0 a' . HH` 0 0 C4 xlxxxxaax D a r:4 a a as x a 0 O aaaaaaaa CO 0 X a 0 w[1.1 U a Cu 3 H m a U U0 CJ 0 0 0 Z Z Z >4 H H 'x 0 U) 0 0 W HH U 00 El O >i»i>4>4>I>L> . H U) H HN z C4 wwwwwwww rC cn w UU x w >� w U O zzzzzzzz 4 0 FC w WW U a W HHHHHHHH W ry as H a H x 0CII c0 Un Kt 01 U HHHHHHHH Z 0 >4 Cl) WW �' U Ell H D U CP WH x5Cxx5CZZM 0 C7 W w 33333333 U1 C7 .-7 W r.7.7 a W 0 `a ao [r. a' 4 H Cx 4 4 Z •xt H a W 0 alLsalal�rl,.a� al W z IC HH H W i W H H a W U a'a' U) >1 0 U) c4 eil H M UUU>)U>)Ilx+ .M H U)U) H W H H X W I-7 H ONi w UU)V)U)UUW)cU1MUW) 0 r-7 D'.� a X H a H 0 C4 c4 c 4 IX c4 c4 a4 IX AAAAAAAA q w H C0 M HHHH 1D 0 0 a Z X 0 Z 0 M * * * * * * * * * * * * * * * Vr Vr 0 0 0 0 0 co to N to H ri 0 0 V'V' U)L) 0 0 0 0 0 0 0 0 0 0 0 L!)L!) 0 0 V'V' 0 0 O OE+ OO 00000 V.N to O M M OO OO NN to to 0 U)LI) OO U)LI) t0 to NLS U)LI) ri 6-4OO O Z g 010 HNt0 OOto OU)I.n V'V' LI)U) NL!) MM OO U)0U) 1.0 10 NN MM NN MM NN O0 0 0 tM CO O CO 01 LI)N V'1.0 to sr CO O ri r-I Tr Vr V'Vr L-L- ri VT ri O O CO O H H M M rl ri H r1 O O LI) r4 VD V'HNt0a0NLI)MUl r1 r1 V'V' 03 00 Hri LTVT VT VT Tr V' 10 10 0101 LTVT LTi? V'Vr NLS V• LTi? LT i?i?i?i?LT .L? . VT LT i?L} LT LT LT LT VT LT . • VT VT LT L? LT LT N M t0 H H H X i? CO- CO-ti)- Ci TU W Z X 0 CO coHW H H H H H H H H r1 ri ri ri r1 ri H H H H H H H H H H H H 0 00000000 0 0 0 0 0 00 0 0 0 O O O 0 0 W A N N N N N N N N N N N N N N N N N N N N N N N N C4 ri HHHHHHHH H H H H H HH H H H H H H H H X �������� .„ �� � � � - � X U L) U)LI)LI)U)L!)LI)LI)L!) L!) L!) L!) in U) U)U) U1 U1 L!) U) U) LI) U) 141 r'f U U) 01 01 01 01 01 01 01 01 01 01 01 01 a1 O1 01 01 rn 01 01 01 01 01 01 O [c) 'W 01 01 01 01 01 01 01 01 01 O1 01 01 01 01 01 a1 01 rn 01 01 01 01 01 01 x U H H H r1 H r-I r I H H ri ri H ri r-I H H H ri r1 H ri H H ri 0 r7 0 Z ' M to N OD 01 0 H N M sr U1 t0 L- at) 01 H M M M M M M V' V' V' V' V' V' Vr V' V' V' U 2L M A M A mA MA MA MA MA M A MA MA mA mA M A mA mA M Z U 0 1 O * O* O* O* O* O* O * O* O* O* O* 0* O* O* O .'� W U) V LI) V U) V LA V Ln V LI) V Ln V Let V Ul V l!) V U) V U) V in V M V L) V U) o x U 0 • n •a 4 ii aa a aaaaaaa a a a a a a aaaaaaa a H H H HHHHHHH H H H H H H HHHHHHH H H a H • a CO • ow 0 t Cr) U H 0 '-I r-1 r-1rir-1r-Iri M YrLn r- to l0 NN1.1.NN1. N CO 01 Q N � H CA Mo C. COYr rnrnrnrnrnrnm a% a% N 0101 rnr r 01 �. M MM MM MM M M 0 01 01 LA to 01 C. (1 • � M M M 01 01 a1 x10101M M M M M M m M M i 0 M H0 0 0 0 0 0 0 0 0 00 CD O 0 0 0 0 0 0 0 0 0 1- 0 0 0 0 0 0 0 0 N p 0 . co 0 0 0 0 0 0 0 O O 0 O O 0 0 0 0 0 0 0 0 0 0 0 r ElM N N 01 01 01 0/01 01 01 M dr N H N 01 H H r-1 H H H 4-1 'Cr M Z C4 CA :)Co Yr dr Vr V'V V'V dr, yr V dr ,M dr N 1D M 1.01 MMM 01 01 N N M U CZQ r1 e11 1 1 1 1 1 1 1 1 1 1 1 1 �1 1111. 111 - er .yr 1. UZ H N w HCO H HHNH rl ri ri H H N LA!O H M0(N H H 01 M M to 01 NO lHOM�rO-i H OD 1.0 Hre) OH VDH N NNMMNHCV) M O M 0 0 0 0 0 0 0 0 0 0 0 0 0 H 0 0 �b ID t..0�llbb�1.00 0 H CA Co U COCQ CLI U]W CQ W CA CA v] Co I 0 WWWWWWW U Co Z H Cl) H 000UUU0 Z 0 f. • HO a Co z HHHHHHH 1� hi 1 Ql Cd aww01 `4uCo Co Cow wwww El w 41 w El uuuvu� El a W H W CA W v1 to Z H Co HHHHHHH Z El a X a co Z a ���aQQaaQ g H aQ z xaaxaxx a H wwwwwww z Co 0 CD El Cowwwwww o Co Co 0000000 0 1. ' A H Z Z H s1 CO HHHHHHH El 0 U Z FC HHHHHHH CO El HHHHHHH CO Z H �U1WWU]V]W Co HZ El a El U]U]W co W W H COto }: Co H HHHHHHH Co E Q a 0 H ill H el Co Coa Naa4 ° pw w aw CO aI: C4ga o1 ao E4]]��ElEl rx Cow H w 0 aaaaaaa Co Co a U _ Zt. H Cl) U [ C4 z Co 17.4 CE4 H H O 0 0 ; Co Co x UUUUUUU 0: U Z U ZZZZZZZ CO > 00 Z 0 a a a a a a a a E. El Z Co Z HHHHHHH 0 E H Z a ������� CO4 El H01 := Co CO H COx 0000000 Co 0 Cow L -. Co z HHHHHHH x x a2 CCOwwwwC > r : a H 3 UUUUUUU 4 4 EE-+ Cl1 Co 4444444 CO C 0 �. 0 X r a 4444x44 El El > w El �aaaasaalz4aOa 0 CO c7c7c7C7t7c7c7 CO CO Co 0 z Ai c4 E N 2W�ZzWWZzWZWZWzZW zzW zzW W El Co XXZZZZZ H C7 Co Co Co ZZZZZZZ H H Co 0 a, CCCEnWWW Z Coa X z z XXZZXXX X x E z z z 0000000 0 a aaa • # # # # # # # # O 01 01 M M LA LA co N cr N dr 0 LA N 0 0 0 0 0 0 # # # # # E'1 O 00 OD Hri OO Ori Na)L.O/41+ OO 0O OO NN OO MM NNu 10 CO x1101' ICO MM Lf) E iF74 tN V1 O O �0 l0 [�t�tf)t�[M CD Lr)l0 M M o0 00 ri 0 N N W V1 N N M L�CO M N 01 0 a1 0 0 0 0 LA LA LA LA N N 0\01 d1 0 LA a1 M M N 01 01 l0•lO r-1 f Z 0 � CO CD W,r to to co el01inHLI 00 0101 NN NN MM 0101 HC01'cg 0100 MM Lr)u1 �1 tr LA LA NN 0O Mriv}Ml0V?a1cr rHH MM i?+? mL} :21;21 ,r,r OH11ODOLDr1 W 22 1/}t/} N L}L} H H N t/}L} L}t/} .i/}L}t? .t? ) . t?CA- I U +h Hr0. �„1 I CA. th- 1 alf U t Co H Hy E 0 0 H 0000000 H 0 0 0 H H H 0H 0H HHHHHHH H H H 0 N N \ \\\\\\\ \ \ \ \ \ 0 0 0 0 0 0 0 0 O p is H H 01010101010303 N N N N N 01030101010301 N H H `.. _ \ \\\\\\\ \ H H H H H ri ri r-i r-1 ri r•.L .H, H .. e-i U LA LA \ \ \ \ \\\\\\\ \ \ \ Co 0. 0) LA LA LA LA to C)LA 0) 0) LA to LA to LA to N NLA LA LA to 0) LA LA x 01 01 001 001 aa1 aC1 CA 0C1 001 CA 001 001 O1 01 01 01 01 01 01 01 01 01 01 01 01 01 U ri r1 r-1 HHriHHHH H H H H H 01 01 01 01HCA a1C71 CA CA 01HHHH H Y' H0 r-I ri el ri rl ri ri H H ri .. 2 0 H N CA cr LA l0 N CD 01 0 fI. :: LA LA LA In LA Ln LA LA LA t0 H N M A CIA M A MA MA MA l0 1.0 CI # 0 # 0# 0# 0# 0 # 0 0# O# 0# 0# 0# 0 A 0 A CA M A 0 V LA V LA V LA V LA V LA V 111 V to V LA V N V to V to # 0# O# 0 U V lA V lA V to r Tr , ID rn ns a a a a a a a a a a a a aaaaa a 040404 a 04 H H H H H H H H H H H H H H H H H H H H H H X a w 000 1 0 z DI U H H 0 H N M d' U1 W N CO CO CO CO CO 01 01 01 O H o H CO CO CO CO CO CO N 01 CO CO COM O0 M M M CO CO CO 01 01 O 01 01 01 01 01 01 01 01 01 01 O\01 01 01 01 N 01 O1 01 01 Cl H M m m m m m N U1 m m M M M M M MMM m M H H 0 0 0 0 0 0 N LI) 0 0 0 0 0 0 0 0 0 0 0 0 0 H 0 0 0 0 0 0 M H 0 0 0 0 0 0 0 H 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 El H H H H in in H H UI H H H H rH M M M M V'rH 00 CO Z a N M m.44 N11 MII M M1. N14 l!1VI NIl N N N N N N N M N N m M O Po L L L I L I L L I i l l l I I I L I I U z 0 H V' H N H 01 H CO N H H rH rH H H H HHH M H 0 4 d' U1 co H to m N m HHN V'N N ri CO Ln U)N V' V' co N H m 'o N V' d' V' M M V'd'U1 d'M Hr-1 H HriN 431 0 0 0 10 0 01 0 01 0 O O O O O O O 0 0 0 O O cia En cr) DI W W w U Z a H H Cl) Z Z H 0) Cl) Cl) to m CO W ril O > > W H H > W W W WwW 0Zw H a a H ,'S' pC a H H H HHH z W H E >' W CO a CO Cl) W 0 a a aaa Cx1E14 W G7 a 4 Cl) Cl) a H H CO a a 14 aaa EE E Ez0 U U H a a .4 a a a a aaaZZ Z 0)H04 - H H a Q Q Coo 0 QU) co U) w con co 4 coo X o) w w Cl) g Z CD Z C9 Z 04 fal C7 E C7 C7 C7 C9 C7 0 E C9 Cl) Cl) Q Q H H Z C9 C7 H Z Z Z Z ZZZC!C7 C7 0zz M Cl) Cl) H Z Z Cl) H W H H H H HZZ Z \WH >4 >+ U r1) Cl) E H H cn E X E E EEEHH H 14 XE E E CO rtlgW W g Z Z W g HEl EA ril al g ���a.A7 ..7 'JH� I.7 0 O 0 0 W H H 0 W ."0 W Cu) W W W H H H O 0 W H H U a a 0 w a a 0 w 0 0 00000oal 0) El 0 0 U z H C.) 00000 CO H HZZZ HHHH 0 U Cu)1:4 El U 0 0 Z 0 Cu) aaaaa Z H a U) a Cl) w H cwn Ca cwn�vw]i VI U Z 0 CO A a W 0 0 Z C7 Z ���G� H LOCDC7 Cu) Az Z w z w a' H a a C7 C7 C7 w W z a Cu) cHr) Cl)lH CEO 0 a HEEEE E. aaIX 0 CO �a E a 00 003 El W a Cl) >+ W W W W W Cr) 0 0 0 KC E 0 a w cZ I ggn E w E Cl) aaaaa Cu) �l U U) Cl) E E 0 x Z H r7 0 0 00000 alg 00000 >1 HZ w r�i Z 0 0 0 0 co can E El F nnnnn 3 9 9 9 > 3 0 M * * * * * * * * * * * * * * * * UI 0 0 U1 U1 0 0 0 0 0 0 0 0 U1 U1 0 0 N N V'd' Mtn .000.4'010 ,-Ir-1 Q M eM N H H 0 O El H 0 0 01 O. 0 0 0 0 U1 Ul 0 0 0 0 10 10 N N 01 O N N d CO 'V'N o1 1 CO 10 10 0 01 U1 H H H 0 Z g H 111 111 MM 00 00 NN NN U)U1 LI)111 '-4H NN 0101 1000OO)U o NN LO 11 NN N 0 V• 0 0 H H 10 10 H H 10 10 M M H H N N CO CO rH H N N V'N 111 M U1 CO 111 111 H CON N 10 10 N N V'V' N N N N t?t? H H rH H N N H H 10 10 t?t? V'V' N t?H i?t?U1 t/?t? tr)'N t?m CO CO 10 E�j . i?i? . . Lf 10 H HH r-1 M M V'V' H E4 H t/!t? t?t> t.13 t? t?t? in- C.) ?V W x IX U Cu) Ei Cl) W H H H H H H H H H H H H rH rH rl r-I H H H e-I H H H E o 0 0 0 0 0 0 0 o O o 00000 0 000 0 0 Cr) 0 N N N N N N N N N N N NNNNN N N N N N N IX H H H H H H H H H H H r-1 H H H H H HHH H H X \ \ \ \ \ \ \ \ \ _ \ \ \\\\\ \ \\\ \ -- \ .'� U - - U1 _. U1 _ U1 -- .U1 -- In U1 - - U1 -__--Ln In in U1 U1 111 1/411 U1 Ln U1 U1 Ul U1 UI In `,-;.....-- C.) -•.-rU Cu) 01 01 01 o1 01 01 01 01 0l 01 01 01 01 01 01 01 01 01 01 01 01 01 4.1 ',I'. 01 01 01 CA 01 a1 01 01 01 01 01 01 CA 01 01 01 01 01 01 01 01 01 ,'C U ri H H H H H H H H H H HHHHH H H H e-H H H 0 0 ra Z V' U) 10 N� CO o1 o H N f') V' N 10 N CO 01 H 10 10 10 10 10 10 N N N N n N N N L. N U A MA MA MA MA M A MA mA MA MA MA mA m A M A m A M A m z U * 0* 0* 0* 0* 0* 0* O* O* O* 0* 0# 0 * 0* 0 * O* 0 O x v Ln v U1 V Ln v U1 v U) V L11 V Ul V U1 V VI V N V U1 V U1 V U1 v U1 v In V U1 U U to • to t fts a a a a a as a a a a 04 H H H H H H H H H H H X CdW OM MX R 0 Z W U H O m 'j4 N tO ls 0 H01 O1 O1 O1 O1 O1 O1 01 01 01 01 N M M M MM m OI M 01 M H H 0 0 0 \O tO O t0 O t0 to N O O O NN O N 0 N N O L� L- O H M O m H CO CO H Hi N N 4-1 N N Hi CO CO N Ls Z1:4 M w H M H H N H H H HI 0 W V' m N d4 NN N N N N N O0) I I I I I I t I I U H tM N t0 N N O N N N N U N O Hi N H HI Vei H H H 4 Z m CD O1 H{ O1 O1 CO 01 01 O1 O1 O O O O O O 01 O O O O co co W z H a H a H N P4 w Cl) w w co HCl) a HH EI a W H Cl) Z 0 z Z 00 C.7 A A C/1 4 H Cl) >4 w O Q 0 I ,f.'.. .;/ 0 CO rX1 CD V 0 HH 0 N H M dV W >-I U a W Gr U N 0 N co M WW WW co P4 a El El 0 °a0 Cl) g M H MM H HH 0 U P; C9 H W W U U U 0 Z a4 x w 4 g4 CO0‘ Z CDZTr D3 g4 a Z Z 0 H H A, 0 Z 0 W W C) HZ El 04 z W W W RC U U U at w 0 a C4 E4 Crl E4 CIN 4 Z a > w El Cii CJ rn 3 3 4 U X X Z at W p 0 0 M k * i# # * * is # # * # * O dr V' co co UD t0 H H O1 N H O O O1 CA N N t0 t0 t0 t0 t0 0 H 0 OO OO NN OO H M U) NN COO l0 t0 MM 00 0) k `Z.. N N L- N N 10 t0 t0 t0 O to U) L-L- U1 un U1 N U)Ul Hi -I 01 0N NN HH MM HH C) .('4 NN HH HH MM NNH-I WH H 4.0-0 U)U) O1 O1 dr d'O1 dr dr co co N N 10 10 N N M H NN MHi J MM MM WW m H DL Vf 4/1.40. H H1 N M-4/1- HH .t41-0- v7' U 441-441-44. 4/1-4A- H to P» U W H to W H H CA CA CA 01 C O1 co m rn H H 0 0 N N N N N N N N N C7 4 \ \ \ \ \\ \ \ \ \ \ W Q N N H H HH H H H H H ;:.; C4 H H H H HH H H H H H ac \ \ \ \ \\ \ \ \ \ \ 4 w:W. U 1n u) to Ln mm 10 m (0 10 _ss U .- W 01 01 a coa c -___.c1 .. ... c _ .01. _.... �.._. cn W pC rn CN 01 CA MM m al 0 (A in U U H H H H HH H H H H Hi 0 a Z O Hi to t0 ,r- CO M 0 H N H N CO CO CO CO CO CO co O1 O1 U .L A M A MA MA MA 1M A MA MA MA MA MA ,7. U * O 4. O# O# O# 0 * 0 k 0* O# O s O# Ox V U1 V Ln V UI V U) V U) V Ln V 111 V U1 V LO V U) V U U H 4 01 RSa i. h t0 t0 0 01 N N N 40 t0 0 111 0 t0 t0 CO O O L[1 01 h CO Ln N O 01 O cr O1 N t0 N [� N H H M H N 111 01 O1 111 0 H M M N a0 N 0 M N n[' a0 H N 0 t/} H 01 O1 LO M H N t0 M t0 M . t? . . . . •••d' to s' O1 m a0 in m H H cr m a0 t/? tvr t? t? H t? t? t? CR t? [r 01 t/1• t/} H V' L} a0 4. L[1 01 Cr) '-1 E. o EU Cl Ct. h E' O H Z Z Z a H G4 rcl El 0 w w a Z w w Ei 0 W a a a w W 0 G, >4 G4 F H X Z 4.8 a H .7 0 4 0 El 0 0 [n U Cl X A H '[ Cl) c4 F 01 Uti) H X rzl W 0 Z CO H rn H C) rn 0 w 0 0 W A m 4 m H ..a 471 E' W W Cl) T"-4 0 E+ W H U H O W H v] a a W dC H '1' Ln H 1-4 N CO 01 0 0 0 0 0 U 0 H H H N M M M cr M 1' U) a' 0 H H M V tr V' d' d' N N N CO 0 H 4t 4:t ft it 4t gt 4t it It 4t 4t 4t at U /3 MEMO TO: Dermis R. Kraft, City Administrator FROM: Bruce Loney, Public Works Director e)/ SUBJECT: Approval of Constructing Deck Within Upper Valley Drainage Easement for Lot 3, Block 1, The Meadows 7th Addition DATE: November 30, 1995 MEETING DATE: December 5, 1995 INTRODUCTION: Attached to this memo is a letter from Mr. Reichstadt, of 977 Aster Lane, who has submitted a building permit application for a deck on his house which will extend into the City's drainage easement on his property. BACKGROUND: The Engineering staff has discovered during the building permit review that a proposed deck would be in the drainage easement in the rear of the above referenced lot which is the drainage easement for the Upper Valley Drainageway in this area. Attached is the drawings submitted by the applicant. Per City Code, Section 4.03, "No building permit shall be issued for the construction, alteration, extension or enlargement of any permanent building, structure, fixture on, over, under or across any easement of the City of Shakopee or Shakopee Public Utility Commission." Engineering staff did review this with the City Attorney and has reviewed the building permit in the field with the applicant. In order to allow the building of this deck within the drainage easement, the City Attorney has recommended that the City Council adopt an ordinance amendment to allow encroachment of permanent structures such as decks if in the opinion of the Public Works Director the encroachment will not impact the purpose of the easement. The deck proposed to be constructed is six feet above the ground and would be above the 100 year flood elevation. Staff is of the opinion that this construction would not impede the drainage in any fashion, however an ordinance amendment adoption by Council allowing for the construction of this deck is necessary in order to build within the permanent easement. The ordinance amendment is attached for Council consideration. ALTERNATIVES: 1. Adopt an ordinance amendment, allowing for the construction of a deck within a drainage easement. 2. Deny the ordinance amendment, and not allow the construction of a deck within the drainage easement. 3. Investigate the vacating of the drainage easement in this area to allow the deck to be built. 4. Table for more information. RECOMMENDATION: Staff recommends Alternative No. 1, to adopt Ordinance No. 442, by allowing limited construction in City easements. ACTION REQUESTED: Offer Ordinance No. 442, An Ordinance of the City of Shakopee, Minnesota, Amending City Code Chapter 4, Construcion Licensing, Permits and Regulations, Sec. 4.03, Building Permits, Subd. 2, Prohibitions and Limitations, by Allowing Limited Construction in City Easements and move its adoption. BL/pmp MEM4359 November 29, 1995 Dear Shakopee City Council Members, I am requesting that the City Council Members consider approving a BuMing Permit I have pending with the City's Engineering Department. I am proposing to build a deck onto the back of my house which will extend approximately 6 feet into the City of Shakopee's Drainage Easement. Thank you in advance for your cooperation. Sincerely, Bruce Reichstadt 977 Aster Lane Shakopee, MN 55379 (612) 496-2649 / / / / si... / A • / `r / 0_ez.-0 • S • 630 • 136619' .pp F • -0.9 ll�n'h • \ � ° // 3 , , /C / en ^ co 3 W / 3 � - - - er . Jt CQVV.9 / / Z /.^ h \ ay / / / . 8 2.3.33 \ to • ,� -- a of / ..., r 2 . f.° >. s� co / 2opos• 8' Pirhydr/- J l -t- / „ `o / 7) c-g_ • z ii:iL U N a 30, (ci hCO 0/ / 4� a , o�, `_____, J l/ ill ,/ __________---).-- Li ��o 4 6. J e?5,,, o 110 3 I Z r /O, --- �'- / O / O 0-83.7 • +9.s3...• -- —h/ 1 '• ....1 t0 * cv Ca / 135.00 34.18 0 II / C / S 82'33'2 7" E i 0 / LL1 I (/) / a'r ' J Al -� fifYvx / Q i :' 30; ' r 30 / I . 35' (-27,rc. ) fi (« :/9') • 8 '..2,9- 9.2, , PROPOSED HOUSE ELEVATION Jr 900.0 Denotes Existing Elevation 4th Level Floor Elevation: 783.05 tic-iiia.-0 Denotes Proposed Elevation 3rd Level Floor Elevation: 787.95 -.- --- .- Denotes Drainage & Utility Easement Topof Block Elevation: 791.16 - Denotes Drainage Flow Direction ---a'— Denotes Monument Garage Slab Elevation: 790.83 —e— Denotes .Offset Hub Bearings shown are assumed LOT 3 , BLOCK 1 THE MEADOWS 7TH ADDITIOI SCOTT COUNTY, MINNESOTA I hereby certify that this survey,plan or report was prepared by me or under my direct supervision and that I am duly Registered Land Surveyor under the laws of the State of Minnesota.Dated this ST4.1 day of AUG .• A.D.19q-1...•••• ./ _4 . 1 i � Scale: 1 inch=3 0/9 t RO©ER'r .StK r►t .5.REG.NO. 14591 ORDINANCE NO. 442, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CITY CODE CHAPTER 4, CONSTRUCTION LICENSING, PERMITS AND REGULATIONS, SEC. 4 . 03 , BUILDING PERMITS, SUBD. 2, PROHIBITIONS AND LIMITATIONS, BY ALLOWING LIMITED CONSTRUCTION IN CITY EASEMENTS. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That City Code Chapter 4, Construction Licensing, Permits and Regulations, Sec. 4 . 03 , Building Permits, Subd. 2, Prohibitions and Limitations, is hereby amended by repealing paragraph A thereof and adopting one new paragraph in lieu thereof, which shall read as follows : A. No building permit shall be issued for the construction, alteration, extension or enlargement of any permanent building, structure or fixture on, over, under or across any easement of the City or Shakopee Public Utility Commission, except as set forth below. 1. [EXCEPTION: ] Building permits may be issued for buildings constructed prior to enactment of this Subdivision for repairs or alterations; however if a building is damaged by more than 50% of its fair market value, no building permit for repairs or alterations shall be issued. 2 . A building permit may be issued for a structure in an easement when the Director of Public Works determines that the purpose and usefulness of the easement will not be impaired. Note : The atrickcn language is deleted; the underlined language is inrp-ed; Section 2 - General Provisions. City Code Chapter 1, General Provisions and Definitions Applicable to the Entire City Code Including Penalty For Violation, and Section 4 . 99, Violation a Misdemeanor, are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 3 - Effective Date. This ordinance becomes effective from and after its passage and publication. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1995 . Mayor of the City of Shakopee Attest : City Clerk 4 Approved as to form: �k . City Attorney Published in the Shakopee Valley News on the day of , 1995 . [1CCL] -2- 41- * * 1, 2422 Enterprise Drive 4( 1Mendota Heights, MN 55120 * PIONEER LAND SURVEYORS • CIVIL ENGINEERS �i(612) 651-1914•Fax 681-9488 °-.' engineering LAND PLANNERS • LANDSCAPE ARCHITECTS 625 Highway 10 Northeast * *, i Blaine, MN 55434 -0C * * x(612) 783-1880•Fax 783-1883 • Certificate of Survey for: Novak— Fleck, Incorporated House Address: Aster Lane. Shakopee. MN Model Name: Maplewood • / / / / A / -r / S6 • 30 13 6, i S 00 9'• e • n. /� \ so / cd3 ,N/..... I" - / ^ (O 3 a 3 � ` � , :gr.%., J* 787.9 / / 47 Z :IP � � / / r. MA $ 2-3-33 .7 / 10 N M 25.00 a 40 / / • " of z o1 $/! < 1.0 X. ^ / u 6 OQS I J / N pizi / � u a a� ; oo ��—I_� 11 11 I �^ti- 1 J 25.33 FI I Z Ic —9- I o �3 I i _ Jo I o ils 1 -" m I 1 83.7 49.53 --id.. _ — 110 ' co I 1 �35.Q 34.1`8 `� N I 1 S 82.33'2 1, e cn I Lii L_' I `" I I -,"A-4ft;2-.0_.--. ,kix-ela,4) : if .--,1- f \ I0) I ati1�,.6 : 30 � IaD ! 1 I ; Jo • 1 a.,,,L, : 30' \ 3S" (�% ) f (& :,/9,) / • • 8 -.2 9 9z �•� PROPOSED HOUSE ELEVATION x 900.0 Denotes Existing Elevation 4th Level Floor Elevation: 783.05 x(165.13) Denotes Proposed Elevation 3rd Level Floor Elevation: 787.95 • ... .__ ._ Denotes Drainage Sc Utility Easement -- Denotes Drainage Flow Direction V Top of,Block Elevation: 791.16 —o— Denotes Monument Garage Slab Elevation: 790.83 —e— Denotes .Offset Hub Bearings shown are assumed LOT 3 , BLOCK 1 THE MEADOWS 7TH ADDITION, SCOTT COUNTY. MINNESOTA I hereby certify that this survey,plan or report was prepared by me or under my direct supervision and that I am duly Registered Land Surveyor under the laws of the State of Minnesota.Dated this ST41 day of Au G •• A.D.199 7/. Scale: 1 Inch=3 0 1-9131 ROBERf,• 1,101. .SItCr H .S.REG.NO. 14891 CONSENT- /3L MEMO TO: Honorable Mayor and Council FROM: Dennis K Kraft, City Administrator RE: Agreement for Assessment Services from the County of Scott DATE: December 1, 1995 INTRODUCTION: The attached agreement is for the continued provision of assessment services for the City of Shakopee by the Scott County Assessors office. BACKGROUND: For the past several years the City of Shakopee has utilized the services of the Scott County Assessors office for the purpose of assessing properties within the City limits. The attached agreement provides for the continuation of those services for an amount of $38,000.00. The Scott County Assessors office can perform this assessment activity for a lessor sum of money than the City could have this service performed if the City were to hire a City Assessor. RECOMMENDATION: It is recommended that the City Council authorize the appropriate City officials to enter into an agreement for assessment services between the City of Shakopee and the County of Scott. ACTION RECOMMENDED: Authorize the appropriate City officials to enter into a Joint Assessment Agreement for 1996 between the City of Shakopee and the County of Scott for a sum of$38,000.00. DRK/tly AGREEMENT FOR JOINT ASSESSMENT BETWEEN THE CITY OF SHAKOPEE AND THE COUNTY OF SCOTT THIS AGREEMENT is made and entered into by and between the City of Shakopee and the County of Scott, State of Minnesota, pursuant to Minnesota Statute 273.072 and Minnesota Statute 471.59. Y - WHEREAS, the City of Shakopee wishes to enter into an agreement with t e-Munty of Scott to provide for the assessment of the property in said City of Shakopee by the County Assessor's office; and WHEREAS, it is the wish of said County to cooperate with said City of Shakopee to provide for a fair and equitable assessment of property; NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS HEREIN CONTAINED, IT IS AGREED AS FOLLOWS: 1. That the City of Shakopee which lies within the County of Scott and constitutes a separate assessment district, shall have its property assessed by the County Assessor of Scott County, for the assessment year 1996. All work done necessary to the establishment of the estimated market value for each parcel shall be performed by the Scott County Assessor or by one or more of the licensed assessors under his direction and supervision. 2. It is hereby agreed that the City of Shakopee and all of it's officers, agents and employees shall render full cooperation and assistance to said County to facilitate the provision of the services contemplated hereby. 3. In consideration for said assessment services, the City of Shakopee hereby agrees to pay the County of Scott the sum of $38,000.00, such payment to be made to the County Treasurer on or before July 15, 1996. 4. The County agrees that in each year of this Agreement it shall, by it's County Assessor or one or more of his appraisers, view and determine the market value of at least twenty-five percent (25%) of the parcels within this taxing jurisdiction. It is further agreed that the County shall have on file documentation of those parcels physically inspected for each year of this agreement. 5. It is understood by the parties that, pursuant to Minnesota Statute 273.072, this Agreement for Joint Assessment must be approved by the Commissioner of Revenue, State of Minnesota. 6 . The County agrees that neither the County Assessor nor his appraisers shall testify in court against the City of Shakopee without a subpoena. IN WITNESS WHEREOF, the City of Shakopee has executed this agreement by its Mayor and City Administrator by the authority of its governing body and the County of Scott has executed this agreement by its Chairperson, County Administrator and County Assessor pursuant to the authority of the Board of Commissioners intending to be bound thereby. City of Shakopee: -C1/2e-e414-71-- Mayor Date City Administrator Date City Clerk County of Scott: Richard Underferth, Chairperson Date County Board of Commissioners Gary L. Cunningham, Date County Administrator Leroy T. Amoldi, Date County Assessor This agreement is hereby approved by the Commissioner of Revenue, State of Minnesota on this day of , 19_ Commissioner of Revenue, State of Minnesota Approved as to form: Thomas J. Harbinson Scott County Attorney 1 41 MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock, Assistant City Administrator RE: Joint Powers Facility Use Agreement DATE: November 30, 1995 INTRODUCTION: In 1995 the State Legislature passed legislation providing for the exemption of sales tax on materials associated with the construction of an Ice Arena. The sales tax exemption is conditioned upon the establishment of a Joint Powers Facilities Use Agreement between the municipality and School District. Staff has drafted a Joint Powers Facilities Use Agreement which not only establishes an understanding in terms of facility use for the Ice Arena but all other facilities and grounds that are currently shared by the City and School District. In order for the City to receive the sales tax exemption credit,it will be necessary for City Council and the School District to adopt the proposed Joint Powers Facilities Use Agreement. The proposed agreement sets forth a clear understanding of who will be responsible for maintaining various City and School facilities that are currently shared. The Shakopee recreation programs utilize many of the School grounds for a variety of programs. In return,the School District presently utilizes some of the City's facilities for School activities. The vast majority of the items noted in this agreement are past practice activities which have been conducted by the responsible parties for quite some time. The agreement merely provides for a clear written understanding of responsibilities and provides us with and agreement that qualifies us for the sales tax exemption. The Shakopee School Board is expected to review this matter at their December 11, 1995 meeting. Representatives from the School District and City Hall have been working on the development of this agreement over the past 4 months. Staff is recommending that the appropriate City officials be authorized to execute the agreement at this time. ALTERNATIVES: 1. Move to approve the Joint Powers Facilities Use Agreements by and between the City of Shakopee and ISD#720 and authorize the appropriate City officials to execute it accordingly. 2. Do not approve the Joint Powers Facilities Use Agreement as drafted. 3. Amend the Joint Powers Facilities Use Agreement and authorize the appropriate City officials to execute it accordingly as amended. 4. Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends Alternative#1. ACTION REQUESTED: Move to approve the Joint Powers Facilities Use Agreements by and between the City of Shakopee and ISD#720 and authorize the appropriate City officials to execute it accordingly. H:\word\tami\civicctr\useagree JOINT POWERS AGREEMENT FOR USE OF CITY OF SHAKOPEE FACILITIES & ISD #720 FACILITIES THIS AGREEMENT made and entered into this day of , 19 , by and between the CITY OF SHAKOPEE, a municipal corporation and political subdivision of the State of Minnesota, hereinafter referred to as "CITY", and Independent School District No. 720, a municipal corporation, hereinafter referred to as "SCHOOL"; and WITNESSETH: WHEREAS, the CITY OF SHAKOPEE has constructed and operates facilities within its Parks and Recreation System which are made available for a multitude of active and passive recreation and education activities; and WHEREAS, the SCHOOL has constructed similar facilities and operates among other education programs and activities, a physical education program, extra curricular activities programs, intramural programs, junior varsity and varsity events, and athletic programs; and WHEREAS, the CITY operates recreational facilities which will be made available to the SCHOOL at : Shakopee Civic Center Site Riverview Park Stans Park Lions Park Tahpah Park Memorial Park and; WHEREAS, SCHOOL operates educational and recreational facilities which will be made available to the CITY at : Shakopee Senior High School Central Elementary Shakopee Junior High School Pearson Elementary Sweeney Elementary and; WHEREAS, the CITY and the SCHOOL each shall have secondary rights of refusal for the mutual use of the programs after the 1 • respective owner of each have scheduled their activities and curriculum; and WHEREAS, that it is determined to be in the best interest of the citizens of CITY and SCHOOL to provide for the joint use of public facilities as much as possible so as to reduce the tax burden of the CITY and the SCHOOL and for the benefit of the citizens of the CITY and the SCHOOL; and WHEREAS, the CITY and the SCHOOL acknowledge in consideration of this Agreement certain further and additional agreements and understandings may be reached from time to time by CITY and SCHOOL for use of lands and properties and the maintenance of the same. NOW, THEREFORE, it is hereby agreed by and between CITY and SCHOOL as follows : 1 . The purpose of this agreement is to provide for mutual use of the recreational facilities owned and operated by the CITY and the SCHOOL. 2 . It is understood and agreed by and between CITY and SCHOOL that unless otherwise specified in this agreement that personal property of the CITY situated on or within the Civic Center and CITY facilities shall at all times during the term of this Agreement be the property of the CITY and the responsibility of the CITY. Correspondingly, personal property of the SCHOOL situated on or within the Civic Center and SCHOOL facilities shall at all times for purposes of this Agreement remain the property of the SCHOOL and the responsibility of the SCHOOL. 3 . The SCHOOL shall pay to the CITY the sum of $28, 600 . 00 annually. Said payment shall be made to the City on or before February 15th. Said payment shall be based on an annual ice rental fee of $110 . 00 per hour and 260 hours of leased ice time. Said payment shall be adjusted annually consistent with the City's fee schedule and the amount of ice time leased. 4 . That SCHOOL hereby agrees to rent a minimum of 260 hours of ice time at the civic center for the School Varsity and Junior Varsity hockey programs for each calendar year during the term of this Agreement commencing with the calendar year of 1996; and, that said ice rental costs are included in the School Districts $28, 600 . 00 annual contribution. In the event the SCHOOL eliminates the Boys or Girls High School Hockey programs this agreement shall become null and void. 2 5 . The SCHOOL shall be entitled to second right refusal for the use of certain portions of the Civic Center as agreed upon and scheduled by and between CITY and SCHOOL. The schedule set forth hereinafter shall be considered as a guideline and not as definitive, and is only set forth to show the intent of the parties hereto; however, an accurate accounting of the hours shall be kept . Ice arena time for physical education purposes may be reserved in addition to the 260 hours of School Varsity and Junior Varsity program time and will be billed at a rate of $40. 00 per hour. These hours shall be billed on a monthly basis . It is understood and agreed for purposes of this Agreement that SCHOOL shall be entitled to 610 hours of use of the Civic Center which are to be scheduled as follows, or as more particularly detailed in an understanding or agreement between the CITY and the SCHOOL: Wrestling in Wrestling Room 200 Hours 2 :30 - 5 :30 mid-November to February Basketball in one-half of Gym 210 Hours 2 :30 - 4 :30 November - February Volleyball in one-half of Gym 100 Hours 2 :30 - 4 :30 mid-September to October Girls Softball in one-half of Gym 100 Hours 2 :30 - 4 : 30 mid-March - mid-April 610 Hours 6 . It shall be the responsibility of the CITY to keep the Civic Center and other facilities pursuant to the terms of this agreement insured for fire, windstorm and extended coverage and maintain a policy of general liability insurance coverage for said facilities in accordance with the CITY' S policy for maintaining such insurance on other facilities owned by the CITY. The SCHOOL shall be named as additional insured party on said liability policy. The SCHOOL shall be responsible for its personal property located within or on the Civic Center property and the SCHOOL also shall maintain a general liability policy of insurance in accordance with its general practice of insuring SCHOOL'S facilities and name the CITY OF SHAKOPEE as an additional insured on said insurance policy. 7 . The CITY and the SCHOOL mutually agree to provide liability insurance to protect and indemnify each other from any and all claims for injuries or damages which occur or are incurred by virtue of the CITY or SCHOOL' S use of the 3 facilities identified under this Agreement, but in any event, shall provide for personal injury liability of not less than $600, 000. 00 per occurrence. 8 . While the SCHOOL is using a portion of the Civic Center or other City facilities pursuant to the terms of this Agreement, SCHOOL agrees to comply with the policies for use, operation and supervision of the facility as established by the CITY and such other policies as established by SCHOOL provided such use and operation do not violate the rules of the Minnesota High School League. While the SCHOOL is using any of the CITY facilities pursuant to the terms of this Agreement, the employees and agents of the SCHOOL shall be considered employees and agents of the SCHOOL. Furthermore, while SCHOOL is using any of the CITY facilities pursuant to the terms of this Agreement, SCHOOL shall be responsible for control of participants and spectators who attend such scheduled events . 9. While the CITY is using SCHOOL facilities pursuant to the terms of this Agreement, CITY agrees to comply with the policies for use, operation and supervision as established by the SCHOOL. While the CITY is using any of the SCHOOL facilities pursuant to the terms of this Agreement, the employees and agents of the CITY shall be considered employees and agents of the CITY. Furthermore, while the CITY is using any SCHOOL facilities pursuant to the terms of this Agreement, CITY shall be responsible for control of participants and spectators who attend such scheduled events . 10 . This Agreement shall run for a period of five (5) years commencing December 1, 1995 . This agreement shall automatically renew on an annual basis upon expiration of the initial five year term. At any time during the duration of this agreement, upon mutual agreement between the CITY and SCHOOL this agreement may be terminated. The agreement may also be modified or amended at any time upon mutual agreement of both parties . 11 . It shall be the responsibility of the CITY to keep and maintain the Civic Center and all other City facilities in a good order and repair except as otherwise provided in this agreement . 12 . It shall be the responsibility of the SCHOOL to keep and maintain all School facilities in good order and repair except as otherwise provided in this agreement . 4 13 . The CITY and SCHOOL do hereby agree to the following facility maintenance and operation considerations : SCHOOL RESPONSIBILITIES: The SCHOOL shall: a. Annually provide the appropriate personnel, equipment and supplies to perform maintenance on the wood flooring - systems in the Civic Center facility. Maintenance shall include stripping and waxing. Costs for labor, equipment and supplies shall be the responsibility of the SCHOOL. b. Maintain the Tennis Court surface, fencing and nets at the Junior High School. c. Install and remove wind screens from Tennis Courts at the Junior High School. d. Reimburse the CITY for necessary material and supply costs associated with regrading and turf re- establishment at the Junior High, Sr. High, Pearson and Sweeney ballfields in 1996, 1997 or 1998 . e. Reimburse the CITY for supplies associated with outfield sideline striping of baseball field and softball fields at Tahpah Park and Riverview. f. Install safety fencing in front of benches on all school ballfields before December 1, 2000 . g. Annually reimburse the CITY for Ag Lime and clay placed on school fields . h. Reimburse the CITY for any supply costs incurred as a result of relocating benches on school fields . CITY'S RESPONSIBILITIES: The CITY shall: a. Maintain the lights at the Junior High School Tennis Courts . b. Provide maintenance of all School backstops as requested by the High School Activities Director. Maintenance shall include cost of labor and equipment . Supply costs shall be the responsibility of the SCHOOL. c. Annually provide for the establishment of an initial base coat of ice at the Junior High School rink. 5 d. Annually provide restroom facilities at all City parks and school facilities with the exception of Vaughn between April 15th and October 15th. e. Drag ballfields on School and City property during baseball/softball season. f. Annually install and remove wind screens from Tennis Courts at Lion' s and Stans Parks . g. Provide necessary equipment and personnel to facilitate regrading and turf re-establishment at the Junior High School, Sweeney and Pearson ballfields in 1996, 1997 or 1998 . h. Annually deposit and grade ag line on School fields . i. Annually trim sod around School infields . j . Relocate benches on School fields so safety fencing can be installed. 14 . The CITY does hereby agree to allow the SCHOOL to schedule use of all outdoor programs or activities of the SCHOOL at no cost to the SCHOOL and on a priority basis except as otherwise provided in this Agreement . Correspondingly, the SCHOOL does hereby agree to allow the CITY to schedule the use of all SCHOOL facilities for programs or activities of the CITY at no cost to the CITY and on a priority basis except as otherwise provided in this Agreement . 15 . The SCHOOL does hereby agree to maintain and cover all costs associated with the provision of facilities located on SCHOOL property except as otherwise provided in this agreement . Correspondingly, the CITY does hereby agree to maintain and cover the costs associated with the provision of facilities located on CITY property except as otherwise provided in this agreement . 16 . The CITY and SCHOOL mutually agree that they will provide individuals to supervise programs to be conducted upon the premises to be utilized. The facility owner shall determine the method and degree of supervision necessary to ensure public health, safety, and welfare. 17 . Upon the termination of this agreement, any property acquired shall be distributed in equal portions to the CITY and the SCHOOL. Any surplus moneys acquired under this agreement shall be distributed to the CITY and to the SCHOOL in proportion to the contributions of the parties . 6 18 . This Agreement shall be interpreted under the laws of the State of Minnesota and the covenants, stipulations and conditions herein contained shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto and may be amended if necessary to comply with statutory or regulatory requirements which may be required of the parties . IN WITNESS WHEREOF, the parties hereto have caused these presence to be executed the day and year first above written. CITY OF SHAKOPEE By: Its By: Its • By: Its INDEPENDENT SCHOOL DISTRICT #720 By: Its H: \TAMI\CIVICCTR\ISDCONTRACT • 7 1I; MEMO TO: Dennis R. Kraft, City Administrator FROM: Barry A. Stock,Assistant City Administrator RE: Minnesota Teamsters Public and Law Enforcement Employees Union Local #320 - Police Sergeants Labor Agreement DATE: November 30, 1995 INTRODUCTION: The police sergeants agreement expired on December 31, 1994. Staff has negotiated a settlement with the Police Sergeants Union and is seeking Council authorization to execute a labor agreement accordingly. BACKGROUND: Rather than attaching the full police sergeants labor agreement, staff has included a summary of the major points that have been negotiated in conjunction with this contract. (See attachment#1) Key components of the proposed agreement call for a restructuring of the longevity guidelines which over the long term will preclude prospective sergeant candidates from being eligible for longevity pay. The contract also calls for a 2.5% cost of living adjustment in 1995, 3.1%increase in 1996 and 2.95% increase in 1997. The other changes to the contract involve minor language changes. Staff is recommending that the appropriate City officials be authorized to execute a labor agreement by and between the City of Shakopee and Minnesota Teamsters Public and Law Enforcement Employees Union Local#320 -Police Sergeants consistent with the points identified in attachment#1. ALTERNATIVES: 1. Authorize the appropriate City officials to execute a labor agreement by and between the City of Shakopee and Minnesota Teamsters Public and Law Enforcement Employees Union Local No. 320 -Police Sergeants consistent with the points identified in attachment#1 of the City Council memo dated November 30, 1995. 2. Do not authorize the appropriate City officials to execute a labor agreement by and between the Police Sergeants Union and the City of Shakopee. 3. Direct staff to re-negotiate various points of the proposed settlement and table action at this time. STAFF RECOMMENDATION: Staff recommends alternative#1. ACTION REQUESTED: Authorize the appropriate City officials to execute a labor agreement by and between the City of Shakopee and Minnesota Teamsters Public and Law Enforcement Employees Union Local No. 320 - Police Sergeants consistent with the points identified in attachment#1 of the City Council memo dated November 30, 1995. Attachment # 1 POLICE SERGEANTS NEGOTIATION POSITION SUMMARY Contract Duration- Three Years - 1995, 1996, and 1997 2. Contribution to Health, Life and Disability Insurance: 1995 - $20.00 per month increase for a total of$326.66 per month. 1996 and 1997- $20.00 per month increase or the same dollar amount per month per employee as the City contributes for other non-union employees whichever is greater. 3. Holidays - the following dates will be incorporated into the contract and designated as holidays: 1. January 1st 2. Third Monday in January 3. Third Monday in February 4. Friday before Easter 5. Last Monday in May 6. July 4th 7. First Monday in September 8. Second Monday in October 9. November 11th 10. Fourth Thursday in November 11. December 25th 4. Discipline - The City agrees to the inclusion of additional language that provides for a written waiver when an employee waives the right to have a union representative in attendance at a disciplinary meeting. 5. Longevity -New appointments to the Sergeant classification will be subject to the longevity guidelines as follows: a. Prospective Sergeant candidates within the City of Shakopee's Police Bargaining Unit who are appointed to a Sergeant position classification and have five years of current longevity may continue to stay on the longevity schedule as setforth in the Sergeants Contract. b. Prospective Sergeant candidates within the existing City of Shakopee's Police Bargaining Unit who are appointed to a Sergeant classification have the option to switch from a longevity schedule to pay for performance. c. Prospective Sergeant candidates within the City of Shakopee's existing Police Bargaining Unit who are currently on a performance pay are not elibible to choose longevity. d. Prospective Sergeant candidates within the existing bargaining unit appointed to the Sergeants classification who are not presently receiving longevity pay may not choose longevity under the Sergeants Contract. e. Prospective Sergeant candidates hired from outside the City of Shakopee are not eligible for longevity in the Sergeants Contract. 6. Pay for Performance Plan- 1995 - $5.00 per component per month increase 1996 - no change 1997 - no change 7. Salary Schedule- The pay schedule for the Sergeants position classification shall be as shown in attachment#1. In 1995, all currently employed Sergeants will be placed at Step 4 of the pay schedule which represents a 2.58%increase. Anniversary dates for future step increases shall be set at June 1st. In 1995, no step increase will apply. 1996 - 3.1%base increase. 1997 - 2.95%base increase. 8. Amend Section 22.2 by deleting: "no more than the amount of vacation earned in a calendar year can be carried beyond December 31st into a new calendar year....", and adding: "Employees who have 0 - 15 years of employment may accumulate no more than 240 hours of vacation leave. Employees who have 16 or more years of employment may accumulate no more than 360 hours of vacation leave." CD a / B 2 \ Co \ Co \ Co E -4 E @ # co co co Co_ 2 2 V 4A 44 4A ca • a 9 ( 9 w o CO 0 co co co 4 2 4 2 4 2 $ " in $ � th $ " . 4).La a + $ o Co Co CO w co* CO R g 0 w 0 . 0) 0 w # a CO 7 . @ k CO 0 CO Co 'CO 411. Eff EA CO CO CO10 � G3 CO t CO ■ 0) 0 (Ti o / / 0 CO o CO Co CO £ E E $* w I* G3 CO 14:1 " * o a ( o o f co in 4, 7 q / 0, / 0 0 :••••3 0 Co CO co V � E $ G3 CO CO / at d � o CO Cl) CO ■ £ « r $ # r �13# � # IV in ® ( ® o in Co▪ 7 _L 0 0, @ CA a) k3 cn Co co co 2 r 2 2 o 0 o CA 0 • @ co @ o @ 0 0 0 MEMO TO: Honorable Mayor and City Council FROM: Dennis K Kraft, City Administrator RE: 1996 Non-Union Pay Plan DATE: December 1, 1995 INTRODUCTION: It is appropriate at this time for the City Council to discuss and approve a pay plan for the Non-Union Employees of the City of Shakopee for 1996. BACKGROUND: The 1996 Non-Union Pay Plan also includes pay schedules for the Elected Officials, Fire Department Personnel and Seasonal Employees. Staffis proposing a 3.1% cost of living adjustment for Non-Union Temporary and Full-Time Employees. No adjustment is being proposed for Elected Officials or Fire Department Personnel. Following is a summary of the union contract settlements for calendar years 1995 and 1996: 1995 1996 Public Works - 3% 3% Police - 3.1% 2.85% Sergeants - 2.58% 3.1% City Hall - 3.1% 2.75%- 3.25% Non-Union - 3% 3.1%(proposed) In order to maintain equity in terms of comparable worth between the employee bargaining units and non-union stag a 3.1%increase is being recommended at this time. Shown as Exhibits A,B &C are the pay schedules for the non-union full-time employees, elected officials/firefighters and seasonal personnel. Several positions have been added to the seasonal pay schedule to reflect new positions associated with the Community Recreation Center facility. Wages for the pool personnel have also been adjusted to more accurately reflect rates currently being paid by the City of Chaska and Dakotah Sport & Fitness facilities. In 1995 we did experience problems finding qualified personnel do to the wages rates being offered at the pool. An adjustment has been made to make our wages competitive in this segment of the labor market. The 1995 pay schedule also includes a $20.00 per month increase in the City's health and life contribution. If the $20.00 per month amount is approved, all four bargaining units and non-union employees will receive the same health, life and disability insurance contribution. OTHER ISSUES: In 1995 the Civil Engineer position was incorrectly placed at pay grade level 1. This represents a 2%loss of income to the Civil Engineer position for calendar year 1995. To rectify this situation, staff is proposing that the Civil Engineer position classification receive and additional step increase in conjunction with the 1996 pay plan to be effective on March 1, 1996. This would duly compensate the individual for the loss of income incurred in 1995. Shown in Attachment#1 is Resolution No. 4352 adopting the 1996 pay schedule for the Officers and Non-Union Employees of the City of Shakopee. It would be appropriate for City Council to consider approving the resolution at this time. ALTERNATIVES: 1. Offer Resolution No. 4352,A Resolution Adopting the 1996 Pay Schedule for the Officers and Non-Union Employees of the City of Shakopee and move its adoption. 2. Amend the Pay Schedule incorporating some other cost of living adjustment and/or health and life contribution and offer Resolution No. 4352 as amended. 3. Table action pending further information from staff. STAFF RECOMMENDATION: Staff recommends Alternative#1. ACTION REQUESTED: Offer Resolution No. 4352, A Resolution Adopting the 1996 Pay Schedule for the Officers and Non-Union Employees of the City of Shakopee and move its adoption. H:\word\tami\person1\96pay RESOLUTION NO. 4352 A RESOLUTION ADOPTING THE 1996 PAY SCHEDULE FOR THE OFFICERS AND NON-UNION EMPLOYEES OF THE CITY OF SHAKOPEE • BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the City Administrator is hereby authorized to issue warrants upon the City Treasury from and after January 1, 1996, payable to the duly elected officials and appointed non- union employees of the City of Shakopee, in accordance with the attached 1995 Pay Schedule, with an effective date of January 1, 1996 . BE IT FURTHER RESOLVED, that the City contribution for health, life, long term disability and/or individual health care accounts as may be provided by Council, shall be no more than $346 . 66 per month per employee effective January 1, 1996 . BE IT FURTHER RESOLVED, that all Resolution in conflict with this Resolution are hereby repealed and terminated effective January 1, 1996. Adopted in Adjourned Regular Session of the City of Shakopee, Minnesota, held this day of , 1995. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form. City Attorney 0 .0 Flt • a n o• a * ro . • • • • • • . a 11°-• w U 01 O1 O, .4 J J CO CO J m m 0 CO 1D 0 r N r r W .1O 0 J W OP W -4 0 0 01 0 10 N A W CO . . . . . . r r 0 0 0 0 0 0 0 0 0 0 1< O O O O 0 O O O O 0 0 0 0 O O O O O O O O V A < 0 Z 0 0 0 0 0 O O O O O O O O 0 0 0 0 0 0 0 0 CD m m • • • 1D • G rt I-' G G G G G G G G • e' H• 1D u O LO r �p D* Y S. ro n p p n c1 y ro ro n n r 10 a w a w a w w Al r • • rbc iD G G n r r • CD r O u 0 • r r r 0 01 ' 0 0 0 0 0 0 0 0 0 • n 1G • n G G n w < f) O rr 0 G r E rr 0 rr to N O 0 0 0 0 0 0 0 PI r1 a n •7 M rr rr rr 0 r 4 0 •< 3 rt r • 1< w •< 01 Z Pa r . . . . . . w PC CO r • 0 • • • • 0 r • K n 0 \ O < < < < < < < < rt co h a -, • w 1< 0 00 > o › n 1D 7 • • • • • • • • • H a CO m • rr •1 (] ti r7 re r yr n • C. r V1 I II M M h M h N n K • • 3 r a r 7 r • B •< n n a o n rr a rt w o W n < U 0 . o 034 Al m 0 Lots a w W W N 01 ID % r • • o 7 r •< r r 7 r PC • r r -. M r 7 u y r rT M r� h h h M • G r 0 • 7 • C7 7 M r •••• (9 0 •< •< `C '< K •'< '< IC 9 rr y r y G • N lit p • rn 7 • • G rII to = b G rr rr rr • Cr \ IO .< n rr r 0, aaao. aaaarr u •< rr of 'CI n n rrti n taro w a a Al a a w a rro rr • • o w a • w K a rr co rr rr rr rr rr • X ti 0 • CA P1 r* M. r K • • • • • • • • OO. a O o •0 o MI O 0 0 0 0 0 M O • ~ 0 a M M M rr M rr 0 M 7 0 ro O 0 0 0 0 0 ~ 7 r % % G % % DC go% r W N W r OP U N co N CA \ K rr rr rr rr K % K • r CO m CO CO * 7' W M •rD a 0 m 0. m CO W • ro G G G u G u G 6 CO * • * * * * * * * * * *• m m m '0 10 m ID m O O M to IDD O 01 'V '0 0 '0 v v o '00 ° r r r r r b r M O 0 0 7 1.. 7 r 7 n n 0 0 0 0 CD 0 0 • N N N la W A W W a a U w a .a uI UI A to to 01 01 01 01 J VI I•3 PI N 11 N m 0 M n P1 f` a 1D 10 N U m VI ut W r 0 m r a r r N' r W W VI r 0 W 1.4 ° M ID rr • < U W W N U 0 0 0 D U 0 J U W 0 0 CO a U J W 0 U m U 'O r' a Al w a 0 w • w • N W w r m • 0 0 0 0 • O1 0 -3 O • J a m 01 J m UI V1 • 10 W m cm m a Le a I ° N 0 0 VI r CO A A 1.11 V1 0 U VI U 01 0 0 a J O. 01 10 a 0 CO R PD G G W O1 01 J _ ..... • 0 a J J J O1 N O1 O1 J A U r A m J J r r OP W 1D 1D 0 1D 01 • G G 7• y r. G I.w G • 01 m CO m r U r r N 01 CO r Ot U N Al W U 01 N U W 01 J 01 '0 r GG a 01 r n y r N 0. 0 • w I' N 0. CO r• m M \ \ 01 r' N W W W W A W W A A U W A a U U A V1 U 01 01 01 01 J U 1.0 r h r 01 b'. • Pr U 0 0 W 01 10 01 O1 a N r 10 N U N N A W VIVIJ N N O1 U w U m � r • A r' N N N N OA U 0 0 m J U ID J J U U r 0 N J .5 1D A N N \ + m L J 0 • •• 0 m A A r m • m m U 10 • Ol 1D U m • 10 W a a 0 CO (J a • 01 W co X.y a N O O .a .a J 10 10 A N U 01 N r J CO 1D m m 01 W W r W a \ • H 7 r W 01 J m a •r 0 W OI O O a 01 co -4 ,24... o.“.1 CO r U m 1D r 10 m r 01 J N .0 m M Mg H U A A J W W U U O W CO (9 (90 (9 (9 O N m Ch W N W U co .0 H Y • Dv H ., r` 0 N N N N N N N N N 4r1 40 N N N N N N N to N N LO • r 111 N N N N N N N W Co CO W W a W A A U U U A 01 m R ay O a a 01 b m CO U a r a 01 N U Al a N W O 1D O O ,t.1 N r r U W CO CO CO Al 1D N 01 O W a r U 10 W 1D 10 J' i • a N 10 10 J .s J J CO W -4 W O J U W 10 10 N m A 10 r 11' 01 N N N CO N Al a ala A r o 10 r 10 J Co J U U O r O 0 I-, 0 0 fA 41 41 to 41 N N N N N N N N N N N N N N N N H N N N N W W W W W W W W A CO A A U U U U 01 W57, tO r U U m ; O O CO 01 W 01 CO A J U 01 co J W W a co M V • a J J N r 01 O1 r CO 1D W CO J U O 10 m N U O m 10 O O W m .4 .4 N J .4 .4 . 0 O1 m O1 m m W O1 O CO O A A N N MMMW N W 10 O 10 W N A W m J J N N N N N 41141 .0144 4(54(54(54(5 411444/. .0, 4014A .0140 CO y N N N N W W CO W W Co CO A a Co a a U U U U 01 -.3 ,4- IND rrN co co 10 N r r 1D J a J 0 01 CO O1 m J CO U a O1 • 0 F. a A 0 0 U U N A b a 0 0 01 a W U 1D r 01 J M N m O1 1D J J a A J A W r J O a N J r N r W N 0 O 0 W b b b CO W r W W A a 10 W CO CO r -4 W N N N N N N N N N N N N N N N N N tri N N N m N N N N W W W A W W Co a a W a a U 01 U U 01 1D r 1,3 N N0 m U m r ; 10 J 1D 10 O 01 01 CO O ,0 • J N N CO 0 A A. W U b U r W J J J r CO 01 r 01 a U r r 1D r m m O1 r J r J N J W N J 01 m m r a 01 OI W M 1+ 1-110W O W M 10 10 U a N W U m W 45454(54(5401 4114114.5- 4(5 4545411- 4.4 N N N N N iA N N 113 47 N N N W W CO W A W W W a A A A U 01 01 U U J N i W J J O W W W r 1D 01 10 N CO O 1D r O N CO J O • •0 U W 1D 10 J O W W A U 10 U W co co 0 r co W N J U M U CD J J N W CO m 10 CO 01 CO N A m 01 O r a 01 a N MNNWW (9 (.3 0 (.2 b W O a 4. 1-. 411.0100101.01 N N N fr1 N N N N N 01 .41 .0 .41 N N N N N N N N N NCONWW (9 ( .5 a W A A aa U1 U O1 O1 U U J 1D 0. A CO m ; A A a N 0 J O W b r O N N a 10 1D N 1.11 ...., . M O J J U CO N CO CO 01 10 01 a 1D 10 W a A O m W a as r N N U U CO m r U 01 U 01 U CO CO CO U W W N W 10 m m a 0 U U N w m W a 1D b J m 1D w U O r 4544464646 N N N 4,. .4. 4, N N N N N N N N N sow N N N w W W W A A 19 a a U a U U O1 O1 01 O1 J J R A 10 1D N U U U W r m r a r W r W a U r 0 a • 0 U 01 a A W J r r J J b J 01 Al O J m r J A CO W M U m m m 01 COCOON O1 N O J 10 r O1 O r O J W J r A A a m WWWW m N m W A W W W W W O J to to 4o 41 io N N N N N to N N to N N q 41 iA N NlaCO N W W W W w W a a W a a U A U U 01 01 01 01 J O • {o O O W O, 01 01 A N 10 N U Al A W U U J N N 01 O b N N N N O1 0 O co .4 10 J J U r 0 N J A 10 a N M CO aa r CO 10 1D U 1D 01 1D U CO 1D W a •a 0 co W a CO W 0 0 a U 0 0 A N J N r CO 10 10 1D 01 a a r W • EXHIBIT B 1996 PAY SCHEDULE JANUARY 1 , 1996 POSITIONS ELECTED OFFICIALS SALARY AUTHORIZED Mayor $6, 120 . 12/year 1 Councilpersons $5, 100. 12/year 4 NON-UNION EMPLOYEES Fire Chief $3, 000. 00/year 1 Ass 't Fire Chief (1st) $1, 500 . 00/year 1 Ass 't Fire Chief (2nd) $1, 300 . 00/year 1 Fire Department Engineer $2, 400. 00/year 1 2nd Engineer $2, 000 . 00/year 1 3rd Engineer $1, 000.00/year 1 4th Engineer $1, 000. 00/year 1 1st Captain $2, 000. 00/year 1 2nd Captain $ 740.00/year 1 3rd Captain $ 740. 00/year 1 4th Captain $ 740. 00/year 1 Firemen $ 7 .50/hour 44 OD CO2C 2C Cif 70 03 70 CO 03 ro A r r 70 ro Cl CI 71 0 CI 73 H 7Q C 4 o H O CI CD X 0 0 n7 H CI F+ t. oU oaD � mom4OFiCD' mo0oo1orwwar- wr- ooMMmoao' *0. . '4s mw * ►r 1O Faa•a 1--h.-F+a wr W70 m c1 (D ?C a 010 m r arta CCM :, p' 01 O. A.0rt000.000. r-44 • ti 70 AW n MHA F.P PrtnOmr- w wa m m lw - MI* 710 0 C X rm toH ct)0a0< 0 0 09 m m r1.40'm m H CO • OF.-00300 ,300r- ma7yma n0/ 0/ ro0/ mctrt9CP 1i00Cr09nm0- rtwmmm a cD Fr wfwnrtwrnto a nn0a amrtrow oro 0/ 0 10 0 w W0Pa Hma maven = 1 - m aawmr 00 O.0M 0 70F+ • 0cnH 0 04 O. art a) Y O00/ AitaH .1-+1Q F.-0.0010 no )- CD m m 1- amn o 0=04 00 40 H m a 0/ a10 040 00'0 Ha Hm rtc a rtm F*070 m axn 400070 Mt.-r-00Oancn HawartnO w m wrHe n &H10 m a cta n m o m o o m n rrtc a m m n c rt 1- =tommmao= m rta 7y rtrtm n O a O m • t-.m' rtrtHrtc n o a Ort Wmmo • m m mrt mn M8 m MnanOrtn ro m n o m H a a 10 rt W m ' Cr A • AAM c c m c rt 0 W a n n a m am 0 m Cr yDF O A 0 0 4 0000011 `G rt mmortpnn n m n o 0 oor- rtrtnrtn nmmoart to •t n o nMm oo • o to 4114,1 CO F+ 0000000 H i-+ NNNNNN rt NNNNN 000000000 Fa f+H h..ho f..r rt a tnc►0.0.01J.4F•F+ 4.tntn0.1 OD�ro 4.Adi4.4. .4.4.4.4.4.4.4.4.4 000OOOO�m CDAAAAI-+NOO WW.4tn01A6'•pe lntn0cm0 4.4.4.4.4%4.4.A4. .4.4J-4.4JJ612 to 0 0 0 010 1p V0 10 N to 0 J-4,D F+ OCD CO CO OD 10 10 10 10 10 10 10 10 10 CO CO CO CO CO CO CO % F+ NN 0 0(I)4/14./24441)4i) CO 000NNN0 F+F+ ONNV)00 rt 00000 000000000 N N N N N N N rt •O►•0.0•.0•.0•.•.4•.4F•+F•+ Ao10no1C003yzM 4%AAA4% JJ.4.4-4.4JJ-4 F+F+F+F+F+H1-+ OrD H.4.4.4.401o.-4J t0'.0 hatpde00. Co Co Co Co Co 10 10 10 10 10 10 10 10 10 tntm0cmtntnfn4*•I. 10JJJJF+F+tntn .4'OW011410 N CO CO CO CO CO 101010.010.0101010 0000000 N 440 4/14.44/24/14!)4!)N U) NNNNNNN FA FA tANNNNN�rt NNNNN 4/14/14/44/1444.1/4i/M4/1 FA FA F•FA FA F+F• rt •o.•J•-4•J•.4C•OCO•N•N •4.•0% • • ' U1 0 OODCDCDO3COWODOR NNNNNNNO 01F+F+F+1-+004.4. WO o1Nc11J0►�hle F-•F-• 44k 4%A 0.A�PA�PAA NNNNNNN.�U JlntmctnWW0CD NJ00tn10 to 1010/010 e0 '.0.0'.0'.0'.0.0'.0'.0'.0 NNNNNNN t'a til N0 0+/.00000M X 4114114)1411411411(/)1-.1-, 4.44,114/14.114/14.41-6170 = o1-4JJJCIQIWW +40.01-41010 000041 4/144141/4/44/34/11414/14/1F-+F+F+F+F+F+F+ Cr • O m to to to to to Co CO CD CO CO CO CO CO CO N N N N N N N O ID H • • 10 • • • • • • • • • • • • • • • • • • • • • 10HO N•Jto 44.ODO � CDVdP'11. 4.4.4.AA .0101010.0.010103 1010.0.01010.0 de gHcowW CO WtnLn Ln U1 CDOW VO A 1p 101010.0 .0.431010.0101013/D WWLaCaLa C4Ca 4. y NNNNN NNNNNNNNO F+F+F+NNF+N m Ncmtncmcm 101010101010101010 wWWWWWW�� CO CD CO CO CO AAAAA4.4.A4. c.o.Cn01ChchCmde% 0 0 0 00 10 10 1p 10 10 10 10 10 10 to to(n to to 141 cm to 411.42,02-014/1411.42 NNNNN NNNNNNNNN H ha r• +N N F-•F-• 0101010.01 101010VD.010.0.42.12 4.4*A4.4.4%4.0a F••F+F+r F'` 10 up up up 10.0 10 10 10 W t•)to to W W W costs 00000 101041O101O10VD.0 .4.4.4-4.4.4.4 . 1996 PAY PLAN NOTES 1 . City contribution for health, life and disability insurance shall be increased by $20. 00 per month resulting in an increase from $326 . 66 per month to $346 . 66 per month. Employees selecting coverage other than family coverage will continue to receive reimbursements . They shall also receive additional $20 . 00 per month increase to be applied to their health, life and disability costs or as cash on a monthly basis in conjunction with payroll. 2 . Temporary/Seasonal employee salaries are to be increased 3 . 1% for 1996 . 3 . There will be no change in the Elected Officials or Fire Departments salaries for 1996 . 4 . The Police Chief and Deputy Police Chief shall receive a uniform allowance of $450. 00 per year consistent with the previous years pay plan. 5 . The Public Works Foreman shall receive the same uniform allowance provisions as the Public Works Employees Consistent with the previous years pay plan. U :NT TO: Dennis R. Kraft, City Administrator 'V4-4 FROM: Gregg Voxland, Finance Director RE: Canceling Debt Service Levies For 1995/96 DATE: November 30, 1995 Introduction Resolution No. 4334 cancels debt service levies and transfers funds from the General Fund in lieu of the levies. Background Attached is Resolution No. 4334 canceling debt service levies for taxes payable in 1996 and making an irrevocable transfer from the General Fund to various debt service funds in 1995 in lieu of the 1995/96 debt service levy. This is the same course of action Council took last year. The actual tax levy for the transferred amount would be made as a General Fund tax levy for pay 1996 to replace the funds transferred out of the general fund in 1995 . The General Fund budget would show a surplus in 1996 to the extent that the "debt service levy" would be greater that the actual General Fund 1996 Budget deficit . Alternatives 1 . Adopt Resolution No. 4334 . 2 . Levy taxes as debt service levy for 1995/96 as opposed to general fund levy. Recommendation Alternative number 1 . Action Offer Resolution No. 4334 A Resolution Canceling Debt Service Levies For 1995/96, and move its adoption. RESOLUTION NO. 4334 A RESOLUTION CANCELING DEBT SERVICE LEVIES FOR 1995/96 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, COUNTY OF SCOTT, MINNESOTA, that the following debt service levies are canceled: 1986B Improvement Bonds $ 35, 511 1990A Improvement Bonds 133,409 1991A Improvement Bonds 40, 234 1992A Improvement Bonds 25, 024 1993A Improvement Bonds 14, 220 1995A Improvement Bonds 42, 517 1995B G.O. Revenue Bonds 152, 119 BE IT FURTHER RESOLVED, that the following irrevocable transfers are made from the General Fund to the respective debt service funds in 1995 : 1991A Improvement Bonds 40, 234 1993A Improvement Bonds 14,220 1995A Improvement Bonds 42, 517 BE IT FURTHER RESOLVED, that the City Clerk is hereby instructed to transmit a certified copy to this resolution to the County Auditor of Scott County, Minnesota. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of 1995. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form City Attorney CONSENT MEMORANDUM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Karen Marty, City Attorney DATE: November 27, 1995 II RE : Repeal of Liquor Insurance Policy Requirement BACKGROUND: At the City Council meeting of November 8, 1995, the City Council directed staff to prepare an ordinance deleting the requirement that liquor and beer licensees must file their liquor liability insurance policy with the City. Currently these licensees must file both a certificate of insurance and the insurance policy. No problem has occurred for many years with a liquor licensee' s insurance, yet the City Clerk must spend many hours each year checking the insurance policies for compliance with the ordinance requirements. If this ordinance is adopted, the City Clerk will continue to check the insurance certificates for compliance with the City Code. The proposed change will simply eliminate the duplication of reviewing the insurance policy as well as the certificate. ALTERNATIVES : 1 . Adopt Ordinance No. 440, deleting the requirement of an insurance policy. 2 . Do not adopt Ordinance No. 440 . RECOMMENDATION: Move to adopt Ordinance No. 440, an ordinance amending City Code Chapter 5, Liquor, Beer and Wine Licensing and Regulations, by deleting the requirement of an insurance policy. [22MEMO] ORDINANCE NO. 440, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CITY CODE CHAPTER 5, LIQUOR, BEER AND WINE LICENSING AND REGULATIONS, BY DELETING THE REQUIREMENT OF AN INSURANCE POLICY. THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That City Code Sec. 5 . 02, Applications and Licenses - Procedure and Administration, Subd. 4, Action, is hereby amended by repealing paragraph A, Granting, and enacting one new paragraph in lieu thereof, which shall read as follows : A. Granting. The Council may approve any application for the period of the remainder df the then current license year or for the entire ensuing license year. All applications including proposed license periods must be consistent with this Chapter. Prior to consideration of any application for a license, the applicant shall furnish a bond and proof of insurance policy, pay license fee, and, if applicable, pay the investigation fee. Section 2 - That City Code Sec. 5 . 09, Financial Responsibility of Licenses, is hereby amended by repealing Subd. 3, Insurance Policy Requirement, in its entirety. Section 3 - That City Code Sec. 5 . 32, Liquor License Restrictions, Regulations and Unlawful Acts, is hereby amended by repealing Subd. 6, Application, and enacting one new subdivision in lieu thereof, which shall read as follows : Subd. 6. Application. Every person desiring a license shall file with the City Clerk a written and verified application in the form prescribed by the proper agency of the State of Minnesota and with such information as may be required thereon. All applications and proof of insurance policic3 required by this Chapter shall be submitted to the City at least twenty (20) days prior to the regular Council meeting in May of each year for an off-sale license, and at least twenty (20) days prior to the regular meeting in June of each year for an on-sale license. Each such application shall also be accompanied by a receipt showing the payment of at least the first one-half of the current real estate taxes. Note : The otrickcn language is deleted; the underlined language is inserted. Section 4 - General Provisions. City Code Chapter 1, General Provisions and Definitions Applicable to the Entire City Code Including Penalty For Violation, and Section 5 . 99, Violation a Misdemeanor, are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 5 - Effective Date. This ordinance becomes effective from and after its passage and publication. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1995 . Mayor of the City of Shakopee Attest : City Clerk • Approved as to form: l/f_ r City Attorney Published in the Shakopee Valley News on the day of , 1995 . [2 2MEMO] -2- MEMORANDUM TO: Dennis R. Kraft, City Administrator FROM: Judith S. Cox, City Cler} SUBJECT: Lodging Tax IVl DATE: November 29, 1995 INTRODUCTION: The attached Ordinance No. 441 amends that part of the city code which currently provides for the termination of the lodging tax at the end of 1995. BACKGROUND: In January of 1987, the City Council adopted an ordinance imposing a lodging tax on the gross receipts obtained from the furnishing for consideration of lodging at hotels, motels, rooming houses and tourist resorts. Ninety-five percent (95%) of the gross proceeds from this tax are passed onto the convention and visitors bureau for marketing and promoting the City as a tourist or convention center and five percent (5%) is retained by the City for administration of this ordinance. When this tax was first implemented, the enabling legislation only allowed for the tax in three year increments. The original ordinance was amended extending the tax for an additional three years in 1990 and again in 1993. Legislation relating to the lodging tax has been amended and no long restricts it to three year increments. Unless Council desires to continue renewing the tax every three years, staff recommends that the city code be amended by deleting the termination section thus renewing the tax indefinitely. Please see the attached letter from the Executive Director of the Chamber and Convention & Visitors Bureau. Mr. Von Bank is requesting that the Council extend the lodging tax prior to its expiration on December 31, 1995. ALTERNATIVES: 1. Extend lodging tax for a limited period of time 2. Extend lodging tax indefinitely 3. Do not extend the lodging tax Lodging Tax November 29, 1995 Page -2- RECOMMENDATION: Staff recommends alternative 2, extend the lodging tax indefinitely. RECOMMENDED ACTION: Offer Ordinance No. 441, Fourth Series, An Ordinance Of The City Of Shakopee, Minnesota, Amending City Code Chapter 6, Other Business Regulation And Licensing, Sec. 6.44, Lodging Tax, By Repealing The Termination Date, and move its adoption. ,s,h hakopee CHAMBER OF F COMMERCE CONVENTION & VISITORS BUREAU 10 November 1995 Ms. Judy Cox City Clerk-Shakopee 129 Holmes Street South Shakopee, MN 55379-1351 Dear Judy, The Shakopee Chamber of Commerce and Convention& Visitors Bureau Board of Directors unanimously endorse extending the Shakopee City Code which imposes a 3% lodging tax on Shakopee hotel properties. This letter is a request to extend the ordinance prior to it expiring at the end of 1995. Thank you for advising me of this issue. Please call me at 445-1660 if you require any additional information from my office. Sincerely, wfri Bill Von Bank Executive Director Shakopee Chamber of Commerce/ Convention& Visitors Bureau 1801 East Hwy. 101 Shakopee, Minnesota 55379 612-445-1660 FAX 612-445-1669 ORDINANCE NO. 441, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CITY CODE CHAPTER 6, OTHER BUSINESS REGULATION AND LICENSING, SEC. 6 .44, LODGING TAX, BY REPEALING THE TERMINATION DATE. • THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That City Code Chapter 6, Other Business Regulation and Licensing, Sec. 6 .44, Lodging Tax, is hereby amended by repealing Subd. 6, Termination. Section 2 - General Provisions . City Code Chapter 1, General Provisions and Definitions Applicable to the Entire City Code Including Penalty For Violation, and Section 6 . 99, Violation a Misdemeanor or Petty Misdemeanor, are hereby adopted in their entirety by reference, as though repeated verbatim herein. Section 3 - Effective Date. This ordinance becomes effective from and after its passage and publication. Passed in session of the City Council of the City of Shakopee, Minnesota, held this day of , 1995 . Mayor of the City of Shakopee Attest : City Clerk Approved as to form: City Attorney Published in the Shakopee Valley News on the day of , 1995 . CONSLiTi Iy TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: Amending Special Assessments for VIP DATE: November 30, 1995 Introduction As a result of the waiver of assessment appeal for the P&V project accepted by Council, the assessments for the VIP should be amended to be consistent with prior Council action. Background Council has previously amended the assessment roll for the VIP for parcels in the P&V addition so that the total cost did not exceed $8, 000 for the P&V project and the VIP extension project and the VIP connection charge combined. This applied to those parcels that signed the waiver of assessment appeal . The owners of parcel 27-195007-0, the Rowans did submit a waiver on 11/21/95 . In order to treat them consistently with other parcels, the assessment for the VIP Extension should be amended. Action Requested Offer Resolution No. 4363 A RESOLUTION AMENDING RESOLUTION NO. 4223 A RESOLUTION ADOPTING ASSESSMENTS FOR THE V. I .P. INTERCEPTOR EXTENSION FROM COUNTY ROAD 79 TO THE WEST CORPORATE LIMITS, RAHR FORCEMAIN AND THE RAHR MALTING SERVICE LINE, PROJECTS NO'S. 1992-9, 1993-1 AND 1994-8, and move its adoption. RESOLUTION NO. 4363 A RESOLUTION AMENDING RESOLUTION NO. 4223 A RESOLUTION ADOPTING ASSESSMENTS FOR THE V. I .P. INTERCEPTOR EXTENSION FROM COUNTY ROAD 79 TO THE WEST CORPORATE LIMITS, RAHR FORCEMAIN AND THE RAHR MALTING SERVICE LINE PROJECTS NO' S. 1992-9, 1993-1 AND 1994-8 Whereas, the assessment roll for the VIP Extension did include parcel 27-195007-0 owned by Michael and Roxanne Rowan, and Whereas, Shakopee City Council has approved a waiver for Michael and Roxanne Rowan in the same form as other waivers in the P&V Addition limiting special assessments, NOW THEREFORE BE IT RESOLVED by the City Council of the City of Shakopee, that the assessment roll for the VIP Extension adopted by Resolution No. 4223 is hereby amended to mark the assessment for parcel 27-195007-0 the same as other parcels in the P&V Addition that had signed waivers. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of December, 1995 . Mayor of the City of Shakopee ATTEST: Approved as to form City Clerk City Attorney �, ,, I7 �� j, r r„---, L jf ) TO: Dennis R. Kraft, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: Downtown Assessments DATE: November 30, 1995 Introduction The resolution amending the assessments for downtown streetscape adopted on 11/29/95 had an incorrect roll attached. Background Resolution No. 4358 adopted on 11/29/95 was intended to just change the assessment for one parcel . The assessment roll attached incorrectly changed all the assessments. Resolution No. v (0Y changes the assessment for the one intended parcel, ratifies the original assessment roll because some of the agenda packets were missing a page from the roll, and rescinds the resolution from 11/29/95 . Action Requested Offer Resolution No. y 3bYA RESOLUTION AMENDING RESOLUTION NO. 4342 AND RESCINDING RESOLUTION NO. 4358, and move its adoption. Resolution No. A RESOLUTION AMENDING RESOLUTION NO. 4342 AND RESCINDING RESOLUTION NO. 4358 FOR THE DOWNTOWN STREETSCAPE SPECIAL ASSESSMENTS Whereas, Resolution No. 4342 adopted special assessments for the downtown streetscape project 1993-12, and Whereas, City Council desires to reduce the assessment for one parcel, and Whereas, Resolution No. 4358 intended to change the assessment for one parcel but incorrectly changed all parcels on the roll. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Shakopee, that: The assessment for parcel 27-001188-0 for the downtown streetscape project 93-12 is hereby reduced to $108.42. The assessment roll adopted by Resolution No. 4342, as modified is hereby ratified and adopted. A copy is attached hereto. Resolution No. 4358 is hereby rescinded. Adopted in session of the City Council of the City of Shakopee, Minnesota, held this day of December, 1995. Mayor of the City of Shakopee ATTEST: Approved as to form City ;4rk x_. - 3. . City-Attorney N N N N N N N N N N N N al a b V V ‘.."1 V ....."/ V V *..4 V V ...4 4'1 0 0 0 0 0 0 0 0 0 0G]0 0 0 000 0 0 0 0 o 0 o 0 0 ', C/j O 0 0 0 0 0 0 0 0 0 0 0 0 �7 b 4 4 4 A 4 4 W Co CO Co CO W O W V o1 O1 A cO O v 01 (;71 A Co0 O 0 0 0 0 O O O 0 O 0 0- N 0. CO ivA. v4yNJo 0- N : oWi co Co co Z wC wC m CO m CO p coo O ,,_,'' 's V m co•C m CO o a m A m a, m m m V m m V ro ` ci N N N N n) N N N N N (4 N 03. 1b V V V V V V V V V V V O O 0 0 0 0 0 0 0 0 0 0 0C4 O O 0 o O o 0 0 O o 0 0 0 � C/) 0 0 �7 V V v V 0) 0) a 0) a 0) 01 01 C/) O 9 O cc 4 v 0) O A O 9 C') 0 O O o O o O O o O O cn -, cq ,% cl -, co HI cn -. IhH 1iI .Ufl o.ea A. No. g.oiom .yb 0 Pr) A. D 0 o ' co coo a 01ro - to cu ti• W 01 CD OW ? al y w cco co co 0 0 C4 Cl w w V w o V 0+ c VI w = w w ,y cvo ? (▪ 0ODtvCol o C ca c03 v0 o co A Do) CO cva b cvo rr� R o) , V W C/ Cel CO ti 03 0) r 01 r o rq O C y o b y '57. o - aNa -.. 1,3 L., mN vb C4 co ca m W co N m r v to CD 0 01 co n No OWAOW ". OO NOA0NWco 0 01 t.,1 C7 N - NOv w 0 (,j Ov • O . Cco 'CIOW Ow D 13 CD '10 t OWOW oC \ CD \ CDCO 0D CO WR. 0 - D o0 ` . V 01 -.. .. CoCDD . -... .Db0. N 0•) CD � � o ozZZ oNmNo- ; r Cr� ^ w W a � � � � � bWy� Nm A - - . -- ° W °: O ( m -* co . c » 4 wc 0)vM m y no ooKJ yN C•3 -" ` co No ta (.4 1ti N ) Q., • Z w . ap � D < O o N 4) ,ago S° W W ?i ,�A) ' 0 0 Z v O CO N O O A 0) 0) O N RO) Z < O V W W o) CO CO 01 co co N CO y m m m n no CO A i>, h ro O co h v. h h h h h • h h h : h 0 y tD A CO 01 CO 01A A w co o w 3 a o.,A A co O A v V CO co w co co co O co v O co co 4) .• co :• w Z R1 o is A o) co co co 0) co W N -1 V CA co A 03 W W 01 V -• O A z m O D v -1 a Z O A A 01 W A W v A W N 0i Oro < A A 0 Cit 0 )N W 0, 0) -. co c)) M m O) N co -. co O ca cb cn N cb W E V 0) A A N 0 0 0 0 0 N Co - m 9 • —,11 ro p m co Ws h h h h h h h h h h .... co O W W N W N N N v W _N N W 3 ✓ O co _w Ot co co N 0 co 1n O W W to PI O PI N 0) o) W Z -i V Di " 43 V 0 01 CO o+ 0) y O (0 co 01A co v v O N 0) a CO C4 In h v y .c v so co co co co co v h h h h h v W c4 0 1 h O) O) w O W A h h V p103 O O 01 0) W A PI O O �+ v O Z O 0 0 0 0 0 0 0 0 O O 0 p -c 0 O 0 0 o O O co O co 0 a y rn y h h v. h h N h h v. v. y 0 *CO !VO vio )V v .. h v v aN cCo yo) co it co co N s b t o N N A N 01 01 co 0 A A vT Pi P o n 14 h O -+ v A PI ✓ V 0 W Co 0 01 N V 0 CO CO -i V A. W- co co N 0 co co w o) o, N N N N N N N N N N b 41, )b O 0 0 0 0 0 0 0 0 0 „ O O 0 0 o O O 0 0 0 0 C4 • Owtwo co 9 co 4 b to O O O 0 O O 0 O O O 0 ti O -. co Z N O O co O -. y n " � T " G7 O N t 0 N c a w 1� C. O O b N o Oo ac, m . aO m' O . m cap m to , W ,0 w oc 1� to � szo . N 3 � A � v 67 Zr C7) � y N ? o O ,< m o o � N , n. Om � O j 7 .0 CD b iv Z ,1,33 .0 Cr) ry D L n m " 4 v b y To ... X , O" 0 coo " Qo o o 01 co n O coo F •< C o co cp p ,cpo z co z Fs' co Rom .y. : -• Ro S o • :° -* O y ` m - F y • o m Zee -, o- D y tip - o- .0 t D n9, �, t ,,, �• t m 3 y Roto m 94 o 'S < o < co cn O m < co •co 3 coy •` O O 5 , to z w w 0 • a� ? •• � o o w o o - �+ • ' O O try N to 0, 0 Gi , O tp r 01 paj 0, H 01 0 to Ca . 0 Co )oto m co COO0 - 01 O 01 mN W m CVD V b £° Z(11 CIO A 0 ^ CoVc1�0 CVO d CVO (1) y O- co coC7.cayr2OOO O2 car Or OO SCn0 T Or OT b m to m ^ Co m N m N or ^ O. m `rri n C oar r N b m y JP tO N. " 01 * N -` k CO X- to X- O fit- \ 1c p V <- 0) �c Vl '0 th '0 0 p l A •o 10 •p 13 CID U O U O N Ro 3 co b CD co co O 01 Co -, o .., cn o co - 20 m V n x. co O CD . CD . CD Z 0 r CO CD CD p CD to CO 0 Cb •. 0 .., .0 N :, "o A o -o A b A '0 ^ Z A 22 A r Co tri -• A O " co to -, co iv a yZ ro co co OA 4 N0 o W y co nA r co n 0 00 m N y .o C A .CNo A W - 0 0 OIN Z co " CO co -• a O) co N 0) • C11 2 < A p) Co V O O co v O O y M co m II. = h - h h h h h h h :. :, h h " h CO co p or CO -• N N N O to N O t a 0, O _ N .. Cb N A A O 0) A O T O O) ..• O A _-.V 0) 0) N A t) O ti -. w O A • A Or to -. A Co V s m O p m Z 01 Ca N " . a.O COCb 4 Ca CoO Co O T < - 0 01 v N 01 01 01 01 CO 01 0 R1 m O V N CO CO N N 01 01 N to K V Co V 0 0 0 0 Ca V 0 Ca - m M s :,rte=.y,._..., -...-4,, r s. O O - h m p ca - cn Q O. m O A A Co 0 CO COO CJ V COO N3 t O V v N P3 O O P) A O -• .1 4:6 0 Wp Co 00) CO CO 0 O O AO ~ a co) O KJ 1.). co T h h h h h h • O co co GJ h h h 0) v to to CO N O ro A O O O N O O v o) ca to 2 CO O 0 0 O O Co 0 O 0 O -1 O O 0 O O O 0 O O 0 O a co h O O -y 01 h h h v h h N y 0 Si h h h . N :V " :V N '1 " a !OO - 0 ,cow _V P3 4 0) tCDo _V QO V r 01 to w V O O o) N 01 w O 1 0) w Ca N 0 N. N 0) s A N CT t.I1Cri' (77NT ,j 411/ MEMO TO: Dennis R. Kraft, City Administrator FROM: Michael A. Huber,Engineering Tech. II P'1 4 4 SUBJECT: Vierling Drive,from County Road 15 to Presidential Lane, Project No. 1994-7 DATE: November 29, 1995 COUNCIL MEETING DATE: December 5, 1995 INTRODUCTION: Council action is required for a resolution accepting work and making final payment on Vierling Drive, from County Road 15 to Presidential Lane,Project No. 1994-7. BACKGROUND: All of the work for this project has been completed in accordance with the contract documents. ACTION REQUESTED: Offer Resolution No. 4355, A Resolution Accepting Work on Vierling Drive, from County Road 15 to Presidential Lane,Project No. 1994-7 and move its adoption. MAH/pmp MEM4355 RESOLUTION NO. 4355 A Resolution Accepting Work On Vierling Drive, From County Road 15 To Presidential Lane Project No. 1994-7 WHEREAS, pursuant to a written contract signed with the City of Shakopee on July 24, 1994, Ryan Contracting, Inc. has satisfactorily completed the installation of street, sanitary sewer, watermain, curb & gutter and sidewalk on Vierling Drive, from County Road 15 to Presidential Lane, in accordance with such contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the work completed under said contract is hereby accepted and approved. Adopted in session of the City Council of the City of Shakopee,Minnesota,held this day of , 1995. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney CERTIFICATE OF COMPLETION CONTRACT NO. : 1994-7 DATE: October 31 , 1995 PROJECT DESCRIPTION : Vierling Drive , from County Road 15 to Presidential Lane CONTRACTOR: Ryan Contracting , Inc . 8700 13th Ave . E . Shakopee , MN 55379 ORIGINAL CONTRACT AMOUNT $ 505 , 519. 50 QUANTITY CHANGE AMOUNT $ ( 11 ,862 . 65 ) CHANGE ORDER NO. 1 THRU NO. -- AMOUNT , , $ 2 ,813 . 63 FINAL CONTRACT AMOUNT $ 496 , 470 .48 LESS PREVIOUS PAYMENTS $ 496 , 470 .48 FINAL PAYMENT $ -0- I, hereby certify that the above described work was inspected under my direct supervision and that, to the best of my belief and knowledge, I find that the same has been fully completed in all respects according to the contract, together with any modifications approved by City Council . I, therefore, recommend above specified final payment be made to the above named Contractor. Professional Engineer CONSENT I�1 MEMO TO: Dennis R. Kraft,City Administrator FROM: Mitchell Wostrel,Engineering Intern K SUBJECT: 1995 Pavement Preservation Program Crack Sealing and Seal Coating Project No. 1995-10 DATE: November 29, 1995 COUNCIL MEETING DATE: December 5, 1995 INTRODUCTION: Council action is required for a resolution accepting work and making final payment on the 1995 Pavement Preservation Program-Crack Sealing and Seal Coating,Project No. 1995-10. BACKGROUND: All of the work for this project has been completed in accordance with the contract documents. ACTION REQUESTED: Offer Resolution No. 4356, A Resolution Accepting Work on the 1995 Pavement Preservation Program- Crack Sealing and Seal Coating,Project No. 1995-10 and move its adoption. MW/pmp MEM4356 RESOLUTION NO. 4356 A Resolution Accepting Work On The 1995 Pavement Preservation Program Crack Sealing And Seal Coating Project No. 1995-10 WHEREAS,pursuant to a written contract signed with the City of Shakopee on August 19, 1995, Allied Blacktop Co., 10503 89th Avenue N., Maple Grove, MN 55369 has satisfactorily completed the 1995 Pavement Preservation Program - Crack Sealing and Seal Coating, in accordance with such contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA that the work completed under said contract is hereby accepted and approved. Adopted in session of the City Council of the City of Shakopee,Minnesota,held this day of , 1995. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form: City Attorney CERTIFICATE OF COMPLETION CONTRACT NO. : 1995- 10 DATE: November 29 , 1995 PROJECT DESCRIPTION : 1995 Pavement Preservation Program Crack Sealing and Seal Coating CONTRACTOR: Allied Blacktop Co. 10503 89th Ave . N . Maple Grove , MN 55369 ORIGINAL CONTRACT AMOUNT $ 83 , 125 . 00 QUANTITY CHANGE AMOUNT $ ( 7 , 979 . 52 ) CHANGE ORDER NO. 1 THRU NO. -- AMOUNT . , $ 5 , 592 . 06 FINAL CONTRACT AMOUNT $ 80 , 737 . 54 LESS PREVIOUS PAYMENTS $ 80 , 737 . 54 FINAL PAYMENT $ -0- I, hereby certify that the above described work was inspected under my direct supervision and that, to the best of my belief and knowledge, I find that the same has been fully completed in all respects according to the contract, together with any modifications approved by City Council . I, therefore, recommend above specified final payment be made to the above named Contractor. OF Professional Ens r CONSEI\IT MEMO TO: Dennis R. Kraft, City Administrator FROM: David M.Nummer, Staff Engineer pit' SUBJECT: Advance Encumbrance of State Aid Funds DATE: December 5, 1995 MEETING DATE: December 5, 1995 INTRODUCTION: Attached is Resolution No. 4360, a resolution requesting advance encumbrance of State Aid Funds. This resolution is needed to secure funding in excess of that currently available in the City's State Aid account. BACKGROUND: A recent revision to the State Aid Rules allows Cities to advance encumber State Aid funding up to $500,000, or three times the previous year's allocation, whichever is less. For the City of Shakopee, this will make available an additional $500,000 for construction of State Aid projects. These funds are available to the City interest free. The attached resolution reserves the right of the City to advance encumber funds. The actual funding requests are done on a project by project basis. The funds which are advanced are repaid with the next year's allocation. The estimated 1996 allocation for Shakopee is $368,092, of which 75% ($276,069) is available for construction and the remaining 25% ($92,023) is transferred to the General Fund to finance roadway maintenance costs. Next year's allotment will become available in the City's State Aid account in February. Currently, the total project costs which are eligible for State Aid funding exceed available State Aid Funds by $163,966.52. By advance encumbering these funds, the City can receive payment from Mn/DOT, and the money can be deposited in the Capital Improvement Fund, and can draw interest until needed for paying project costs. The remaining advance encumbrance funds will be needed to construct projects in 1996 such as Vierling Drive and 17th Avenue. The projected 1996 apportionment will not be able to fund these projects. ALTERNATIVES: 1. Adopt Resolution No. 4360. h:\council\mem4360.mo 2. Deny Resolution No. 4360. 3. Table for additional information from staff. RECOMMENDATION: Staff recommends Alternative No. 1. ACTION REQUESTED: Offer Resolution No. 4360, A Resolution Requesting Advance Encumbrance of Funds from the General State Aid Construction Fund, and move its adoption. h:\council\mem4360.mo lq� RESOLUTION NO. 4360 A Resolution Requesting Advance Encumbrance Of Funds From The General State Aid Construction Fund WHEREAS, the City of Shakopee is planning on implementing Municipal State Aid Street Projects in 1996 which will require State Aid funds in excess of those available in it's State Aid Construction Account; and WHEREAS, said City is prepared to proceed with the construction of said projects through the use of advance encumbrances from the general State Aid Construction Account to supplement the available funds in their State Aid Account; and WHEREAS, repayment of the funds so advanced will be made in accordance with the provisions of Minnesota Statutes 162.14, Subdivision 6 and Minnesota Rules, Chapter 8820. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: that the Commissioner of Transportation be and is hereby requested to approve this advance for financing approved Municipal State Aid Street Projects of the City of Shakopee in an amount up to $500,000 in accordance with Minnesota Rules 8820.1500, Subparagraph 10b, and to authorize repayments from the following year's accruals to the Construction Account of the Municipal State Aid Street Fund for said City. Adopted in session of the City Council of the City of Shakopee, Minnesota,held this day of , 1995. Mayor of the City of Shakopee ATTEST: -- City Clerk Approved as to form: City Attorney h:\council\mem4360.mo CO['JSERfl' • NAI MEMORANDUM TO: Mayor and City Council FROM: Judith S. Cox, City Clerk SUBJECT: 1996 Fee Schedule _DATE: November 30, 1995 INTRODUCTION: Attached is Resolution No. 4365 which sets the 1996 fees for licenses, permits, services and documents for 1996. BACKGROUND: It is customary and appropriate that City Council adopt the various fees for services for 1996 at this time. The attached resolution shows the adjustments recommended by staff. The old fees are crossed out and new fees are underlined. There are no changes in the building department fees, only some language corrections to make things more clear. (We have been advised that the Metro SAC Charge will be going up to $900 in 1996 so we have included that adjustment in the fee resolution. ) The sign permit fees are being moved from the building department to the planning department and the state surcharge is being deleted because they do not charge a surcharge for sign permits. There are no fee changes recommended by the city clerk, police chief, city attorney, and park and recreation board that are currently in place. Changes within the finance department include: - Sanitary sewer flow fee is increased to $1.62 per 1,000 gallons per directions from Committee of the Whole to achieve an estimated $1,000,000 balance in 2001 in the flow account. - Sewer trunk fee is changed to allow for construction cost index increases. - Refuse collection fees are increased $0.25 pursuant to the Committee of the Whole direction to generate working capital for the Refuse Fund. - The storm drainage trunk fee and user fee adjustments will be considered by the new Council after the first of the year. 1996 Fee Resolution Page -2- The planning director recommends the following adjustments: - Increase copy of the Comprehensive Plan from $50 to $100. - Decrease copy of Capital Improvement Program from $20 to $10. (More accurately reflects cost) - Delete copy of the sign regulations, they are short and will be charged the customary $0.20 per page. - Delete fees for Comprehensive Plan Amendment because a plan amendment can only be initiated by the City Council and the Planning Commission._ --_.Administrative costs and consultant fees are being added to the PUD fees. They are already in the fee resolution for amendments to the PUD. - Department fees are corrected to properly identify the planning staff: Planning Director and Planner I. Attached is a memo from the Public Works Director outlining his recommended adjustments. ALTERNATIVES: 1. Adopt fee resolution as presented 2. Amend fee resolution 3. Table fee resolution for additional information and adjustments RECOMMENDED ACTION: Staff recommends alternative #1, adopt the fee resolution as presented. RECOMMENDED ACTION: Offer Resolution No. 4365, A Resolution Setting Fees For City Licenses, Permits, Services and Documents, and move its adoption. h'udy\feeres 1J TO: JUDY COX, CITY CLERK FROM: BRUCE LONEY, PUBLIC WORKS DIRECTOR SUBJECT: 1996 FEE SCHEDULE DATE: NOVEMBER 13, 1995 The Engineering and Public Works fees for the year 1996 should be adjusted as per the following paragraphs: ENGINEERING.FEES NOTE: If no change is mentioned,the fee will be the same as in the 1995 fee schedule. Department fees for Improvement Projects A. Private developments -No Change. B. City Projects -No Change C. Miscellaneous Engineering Work-No Change Grading Permits - as per the recent adopted policy change by Council on Which is 7.5% of the estimated cost to perform the grading. Permit Review - Eliminate these fees from the engineering fee schedule as these fees are incorporated in the building permit fees and have not been charged out to any construction project this past year. Plan. Plat and Report Review -Eliminate these fees since this fee is included in the Private Development fee of 7.5%of the estimated construction costs for private developments. Add the following fees to the 1996 Fee Schedule: Wetland Conservation Act Administration 1. Certificate of Exemption $75.00 2. Replacement Plan $75.00 plus hourly Storm Water Drainage Utility-No change. Permit to Work in Public Right-of-Way fees set as follows: Permit to work in public right-of-way- first inspection $35.00 other multiple inspections - hourly rates PUBLIC WORKS Equipment Rental -No Change _ TRUNK SANITARY SEWER CHARGE 1995 charge of$1,251.66 per development acre plus ENR Construction Cost Index of 5439 1996 Trunk Sanitary Sewer charge- $1,319.74 per development acre. If you have any questions on this memo,please feel free to contact me in my office. S RESOLUTION NO. 4365 A RESOLUTION SETTING FEES FOR CITY LICENSES, PERMITS, SERVICES AND DOCUMENTS BE IT RESOLVED, by the City Council of the City of Shakopee, _Minnesota, that the Fee Schedule dated January 1, 1996, attached hereto and made a part hereof is hereby approved and adopted in its entirety. BE IT FURTHER RESOLVED, that the Fee Schedule attach d. shall becoiue effective on January- 1, 1936, unless"indicated?otherwise therein, and Resolution No. 4143 and all other resolutions inconsistent herewith shall be repealed effective January 1, 1996. Adopted in Adjourned Regular Session of the City Council of the City of Shakopee, Minnesota, held this th day of December , 1995. Mayor of the City of Shakopee ATTEST: City Clerk Approved as to form. City Attorney Adopted: Res . No. FEE SCHEDULE Shakopee, Minnesota January 1, 1996 Fees are listed by department and are to be updated annually. CITY CLERK/Misc. Business License -FEES Commercial/Ind strial Mort U. / gage Revenue Bond Fees 1 . Application fee for Commercial/Industrial/ 1/10th of 1% of Mortgage Revenue Bonds amount issued with a $2, 600 min\$6, 300 max. 2 . Legal expenses as billed in addition to above 3 . Application fee for refinancing Commercial/ 1/20th of 1% of Industrial/Mortgage Revenue Bonds amount issued with a $1, 300 min\$3, 150 max. 4 . Legal expenses for refinancing as billed in addition to above Tax Increment Financing Fees (Authorized by Res . 3221) Application fee for Tax Increment Financing $5, 200 . 00 Movies and Theaters (Authorized by City Code 6 .42) 1 . Annual fee for showing 16 mm films $ 26 . 00 2 . Annual fee for showing 35 mm films (or larger) $105 . 00 3 . Annual fee for conducting theatrical play(s) $ 26 . 00 Currency Exchange License Review State Law requires the City to review an application to the State for a currency exchange license. $30 . 00 Gambling/Bingo/Raffles Licensed through State Gambling Board, no City fees . Minnesota Home Finance Agency Rental Rehab Grant Application Fees (Authorized by Res. #3181) 1-4 Units $150.00 5-8 Units 185 . 00 - 290 . 00 9-16 Units 325 .00 - 570 . 00 17-24 Units 605 . 00 -850 . 00 25 or more 885 . 00 plus $35 for each unit in excess of 25 License for the Sale of Beer. •Liquor. Wine. Set-up License. Liquor License. Club License and Temporary Beer License (Authorized by City Code 5 . 06) 1 . Annual fee for On Sale Beer License $312 . 00 2 . Annual fee for Off Sale Beer License $100 . 00 3 . Temporary Beer License $ 15 . 00 4 . Annual fee for Set Up License $125 . 00 5 . Annual fee for On Sale Wine License 1/2 of On Sale Liquor or $2, 000 whichever is less 6 . Annual fee for On Sale Club License $300 . 00 7 . Annual fee for Sunday Liquor License $200 . 00 8 . Annual fee for Off Sale Liquor License $150 . 00 9 . Application and Investigation fee for Off Sale Liquor License, On Sale Liquor License, or Wine License a) If investigation within Minn. $330 . 00 b) If investigation outside Minn. City expenses up to $10, 000 with $1, 100 deposit 10 . Annual fee for On Sale Liquor License: Customer Used Floor Area Under 1, 000 $3 , 705 . 00 1, 000 - 1, 999 $4, 390 . 00 2, 000 - 2, 999 $5, 080 . 00 3 , 000 - 3 , 999 $5, 765 . 00 4, 000 - 4, 999 $6, 445 . 00 5, 000 - 5, 999 $7, 140 . 00 6, 000 - 6, 999 $7, 820 . 00 7, 000- 7, 999 $8, 510 . 00 8, 000 - 8, 999 $9, 195. 00 9, 000 - 9, 999 $9, 875 . 00 Over 10, 000 $10, 570 . 00 Other Business Regulations and Licenses (City Code - Chapter 6 - all applicants require a $5 . 00 application fee) Peddlers (Authorized by City Code 6 . 21) 1 . Weekly License Fee $30 . 00 2 . Annual License Fee $160 . 00 3 . Six Month License Fee $105 . 00 c S moi- _ f Taxicabs and Drivers (Authorized by City Code 6 .22) 1 . Annual fee $260 . 00 2 . Annual taxicab driver' s license fee $ 30 . 00 3 . Annual fee for each vehicle $ 15 . 50 Tabacco (Authorized by City Code 6 .23) 1 . Annual fee for Tobacco License $100 . 00 Show, Non-Transient Theme Parks. Amusement Parks. etc. (Authorized by City Code 6 .24) 1 . Annual license fee equaling the number of rides x $45 . 00 $50 . 00/ride 2 . Show without rides $80 . 00 3 . Non-Transient Theme Parks As per agreement Outdoor Performance Center (Authorized by City Code 6 .42B) 1 . Annual license fee $520 . 00 Massage Center (Authorized by City Code 6 .40) 1 . Annual License Fee $315 . 00 2 . Initial license requires one time investigation fee $345 . 00 3 . Investigation fee for each new employee $ 55 . 00 Masseur and Masseuse License Fee (Authorized by City Code 6 .41) 1 . Annual registration fee $105 . 00 2 . Investigation fee $ 55 . 00 3 Pawnshops, Precious Metal Dealers. and Secondhand Dealers (authorized by City Code 6 .28) 1 . Annual License Fee $315 . 00 2 . Initial license requires one time investigation fee $345 . 00 3 . Investigation fee for each new employee $ 55 . 00 Tattooing License (authorized by City Code 6 . 51) 1 . Annual License Fee _ _ AZ15 . 00 2 . --Initial license requires one time investigation . fee $345 . 00 3 . Investigation fee for each new employee $ 55 . 00 Rental of Pat Thielen Rodeo Arena (Authorized by Resolution No. 1910) Rental of arena for a period not to exceed seven consecutive days : a. Non-profit organizations within corporate limits of City of Shakopee $ . 00 b. Other non-profit organizations $208 . 00 or 15% of gross ticket sales whichever is greater c . Profit making organizations $208 . 00 or 15% of gross ticket sales whichever is greater Service Charge for Returned Checks Hereby set as follows : 1 . Service charge for each check returned $ 15 . 00 Y BUILDING INSPECTOR/ELECTRICAL INSPECTOR • e �rzRs��►s�r�eir�ai�Rsz 1� - -_ - - 1 . ayment of Fec3: fees are daze and payable to the City of Ehakopcc at or before commencement of the installation and shall be forwardcd to the City of Chakopcc. An additional $ .50 Etatc Curcharge must accompany each permit 2 . Cchedulc . City electrical inspection fees shall be paid according to the following schedule. 3 . Fee for each separate inspection. The minimum fcc for each or repair limited to one inspection only is $15 . 00 . 1 . Fee for ocrvicc3 or power supply units. The inspection fcc for each service, change of service, t-cmporary scrvicc, power supply unit, addition, alteration, -or repair to a scrvicc or power supply unit shall be 0 to and including 200 ampere capacity, $15 . 00; for each additional 19-0 ampere capacity or fraction thereof, $5 . 00 . A separate request for electrical inspection shall be filed for temporary services . 5 . Fee for circuits or feeders. The fcc for each circuit or feeder, or addition, alteration, or repair of s- ch circuit or feeder including the equipment served, and including circuits fed from feeders, except as provided for in -No. G, items A to K shall be : A. 0 to and including 100 amperc capacity, $4 . 00 B . For each additional 19-9 ampere capacity or fraction thereof, $2 . 00 above . A. The fcc for a single family dwelling, shall Rot exceed $55 . 00- if the electrical service is net over 29-9 ampere capacity. for a single family dwelling over 29-9 to and including 100 amperc capacity shall not exceed $19.9 . 9-9 . This fcc includca circuits, fixtures, and Equipment . The fee far additional inspections shall be the rcinapcction fcc in No. 8 . Multifamily dwellings with individual services to each unit arc computed at the single family dwelling rate- S B. Thc fcc for each farm building or farm otructurc with a Thc fcc includcc not more than thrcc inopcction° . The fcc for each building or otructurc with a 3crvicc over 200 to and including 100 ampere opacity shall not cxcccd $100 . 00 . includc thc ocrvicco, fccdcr3, circuit3, fixture°, and equipment . Thc fcc for additional inspection° Shall bc the rcin3pcction fcc in No. 8 . Polc top currcnt mctcring and ti.. pole top di3connccting mean° on, the ,farm, yard. Q arc exempt from inopcction and inopcction fcco . C. Thc fcc for each unit of a multifamily dwclling having wee to six dwclling units shall not cxcccd $30 . 00 . Thc fcc for each multifamily dwelling exceeding six units Shall not cxcccd $20 . 00 per dwclling unit . Thi3 fcc includes only thc wiring in an individual dwclling unit and thc final fccdcr to shall bc ao Specified in No. 3 to 5, except that thc fcc for each houoc pancl 3ha11 not cxeecd $55 . 9-e-. A scparatc rcquczt for electrical inopcction i3 rcquircd for each building. Thc for two 3inglc family dwclling3. D. Recreational vehicle park3 fcc3 shall be in- acoordancc with No. 3 to 5 . D. Thc fcc for mobile home park stalls 3 rail be $6 .0-0 per unit- °tall cxclu3ivc of thc fccdcr to thc mobilc home with a minimum fcc of $15 . 9.0 per inspcotioa trip. Thc fcc for permancntly intallcd fccdcr3- ahall be in accordance with No. F. In addition to thc abovc fccs, the fcc for each 3trcct Signal Standard °hall bc $i . 99. Circuit° originating within and gcncratora for lige, heat, and pewcr o ra11 be $5-. 9-9---tae The maximum fcc for a transformer or generator in this category i3 $40 . 00 . H. In addition to the abooc fees, the inapeetien fcc3 for per unit . I . In addition to thc above fcc3, unlc33 included in the maximum fcc, the in3pcction fcc for rcmotc control, Signal, alarm or communication circuit° and circuits of lc33 than 50 volts 3ha11 bc $5 . 00 per cach tcn opcning3 or device° of each 3y3tcm plu3 $2 . 00 for cach additional tcn or fraction thereof, with a minimum fcc of $15 . 00 per in3pcction trip. J. In addition to thc above fcc3, thc inspection fcc for each Separate in3pcction of a Swimming pool shall bc $15 . 00 . . Rcinforcinig Steel and bonding for3wimming pools._ require° a rough in inopection. K. In addition to thc above fcc3, thc fcc for all wiring on ccntcr pivot irrigation booms shall be $30 . 00 . The fcc3 for all other wiring for thc irrigation system Shall bc a3 othcrwiic Specified in thio part . 7 . Invc3tigation Fees : Work without a request for electrical in3pcction. A. Whenever any work for which a request for electrical inopcction i3 rcquircd by the City has begun without fir3t obtaining the rcquc3t for inspection, a special invc3tigation ohall be made before a request for electrical in3pcction ia accepted by the City. B. An invc3tigation fcc, in addition to the fall fee required by No. 2 to G, ohall be paid before an inspection is made. The invc3tigation fcc Shall be equal to the amount of the fcc rcquircd by No. 2 to G . The payment of the investigation fcc doco not exempt any person from compliance with all other providiono of the board rules or statute° nor from any penalty prcocribcd by law. 8 . Rcin3pcction fcc. When reinspection 13 neceasa.ry to determine whether un3afc conditions- have been coorectcd and the condition° court, a rcin3pection fcc of $15 . 8-9, may ,be as-seosed in writing by the inopector. $23 . 00 per hour, including travel time, plt*3 24 cents per mile traveled, plus the reasenablc coat of equipment er material conduits and other job° as may be determined - by the board. 10 . In3pcction of transient projects. For inspection of transient The fcc for inspection of power Supply units shall bc that fcc concc3sion3 shall bc inspected at thcir first appearance of thc season, and thc inspection fcc shall bc $15 . 00 per unit . hourly ratc, with a two hour minimum. In addition to thc above fcc3, inspections rcquircd OR Saturdays, Sundays, holidays or after regular businc33 hours will be at the hourly rats including travcl timc. An. owner of a migratory amusement enterprise shall notify the City of its acason i-t its fir3t dement in. the City . For 3ubocqucnt engagements not listed on thc itinerary Scat to the City, where not notified at least 48 hours in advance, a chargc of $100 . 00 hourly ratc will bc charged for additional time spent by thc The fcc for rcin3pcction of corrections is $15. 00 for each rcinopcction. City of Shakopee electrical inspection fees shall be paid according to the schedule contained in the current State Board of Electricity - State of Minnesota - "Laws and Rules Regulating Licensing of Electricians and Inspection of Electricl Installations" . With the following exception: 1 . There will be no maximum fee on a single family dwelling. The fee for single family dwellings shall be calculated by service size and number of circuits according to the State Fee Schedule subpart 3 and subpart 4 . Plumbing Permits (Authorized by City Code 4 . 05) 1 . Alterations and Repairs - Minimum Fee $16 . 00 + $ . 50 State Surcharge Tax 2 2 . New Construction Residential - Minimum Fee $36 . 00 + $ .50 State Surcharge Tax Commercial - Minimum Fee $60 . 00 + $ .50 State Surcharge Tax 3 . Residential Plumbing Permit Fees All fixtures listed below will be figured at $6 . 00/each Water Closet Water Softener +$ .50 State Lavatory (Basin) Bathtub • Surcharge Tax _ Floor Drain Laundry Tub Sink Shower Stall Disposal Dishwasher Water Heater (Gas or Electric) Clothes Washer-Standpipe Permit fees for rough-ins for future bathrooms will be $5 . 00 per fixture. + $ . 50 State Surcharge Tax 4 . Residential - Replacements Only Water Heater - Gas $16 . 00 +$ .50 State Surcharge Fee Water Softeners - New or replacement in other than homes under construction (installer must be licensed by the State Board of Health $16 . 00 + $ . 50 State Surcharge Fee 5 . Commercial Plumbing Permit Fees Water Closet, Lavatory (Basin) , Urinal, Individual Shower $ 7 . 00 Shower - Gang Type - Per Head 5 .20 Drinking Fountain 7 . 00 Dental Unit 13 . 00 Sink - Service or Mop 7 . 00 Flat rim, bar, counter, laboratory 9 . 50 Pot or Skullery 9 . 50 Clothes Washer - First five units or less 19 . 00 Each additional unit 4 . 00 Floor Drain - 2 inch 7 . 00 3 and 4 inch 8 . 50 Catch Basin 9 . 50 Sewage Ejector 13 . 00 Sumps and Receiving Tanks 13 . 00 Water Softeners 19 . 00 Water Heater - Gas - Replacement Only 25 .00 9 Commercial plumbing permits to be figured by the above fixture schedule but at the same time the permit is to be issued, the permitee will certify the contract price and the fee will be based on the above method or 1 .27% of the contract price, whichever is greater. 6 . Sewer and Water Connection Sewer Connection $ 20. 00 +$ .50 State _..archarge Fee Water Connection $20 . 00 +$ . 50 State Surcharge Fee Combination Sewer & Water Connection $30 . 00 +$ .50 State Surcharge Fee Building Permit Fees (Authorized by City Code 4 . 05) Building Value Fees $1 . 00 to 500 . 00 $21 . 00 501 . 00 to 2, 000 . 00 $21 . 00 for the first 500 . 00 plus 2 . 75 for each additional 100 . 00 or fraction thereof, including 2, 000 . 00 2, 001 . 00 to 25, 000 . 00 $62 .25 for the first 2, 000 . 00 plus 12 . 50 for each additional 1, 000 . 00 or fraction thereof, to and including 25, 000 . 00 25, 001 . 00 to 50, 000 . 00 $349 . 75 for the first 25, 000 . 00 plus 9 . 00 for each additional 1, 000 . 00 or fraction thereof, to and including 50, 000 . 00 50, 001 . 00 to 100, 000 . 00 $574 . 75 for the first 50, 000 . 00 plus $6 .25 for each additional 1, 000 . 00 or fraction thereof, to and including 100, 000 . 00 100, 001 . 00 to 500, 000 . 00 $887 .25 for the first 100, 000 . 00 plus 5 . 00 for each additional 1, 000 . 00 or /o fraction thereof, to and including 500, 000 . 00 500, 001. 00 to 1, 000, 000 . 00 $2, 887. 25 for the first 500, 000 . 00 plus 4 .25 for each additional 1, 000 . 00 or fraction thereof, to and including 1, 000, 000 . 00 1, 000, 001. 00 and up $5, 012 .25 for the first 1, 000, 00 . 00 0 plus 2 . 75 for'each additional 1, 000 . 00 or fraction thereof Other Inspections Inspections outside of normal business hours (minimum charge - two hours) $42 . 00/hr. Reinspection fees assessed under provisions of Section 305 (g) 108 . 8 of the Statc Uniform Building Code $42 . 00/hr. Inspections for which no fee is specifically indicated (minimum charge - one-half hour) $42 . 00/hr. Additional plan review required by changes, additions or revisions to approved plans (minimum charge - one-half hour) $42 . 00/hr. Plan Check Review Fee: Single Family, Multi Family Dwellings, Commercial and Industrial Projects C5% of permit fcc A non refundable plan rcvicw fcc shall be paid at the time of submitting plana and 3pccification3 for rcvicw. 650 of building permit fee under provisions of Section 107 of the Uniform Building Code . State Surcharge : Building Permits (These fees forwarded to the State Treasurer) Less than $1, 000 $ . 50 $1, 000, 000 or less . 0005 x valuation $1, 000, 000 to $2, 000, 000 $ 500 + . 0004 x (Value - $1, 000, 000) 1/ $2, 000, 000 to $3 , 000, 000 $ 900 + . 0003 x (Value - $2, 000, 000) $3, 000, 000 to $4, 000, 000 $1200 + .0002 x (Value - $3, 000, 000) $4, 000, 000 to $5, 000, 000 $1400 + . 0001 x (Value - $4, 000, 000) Greater than $5, 000, 000 $1500 + .00005 x (Value - $5, 000, 000) State Surcharge : Plumbing, Heating and Electrical Permits Permit fee less than $1, 000. . =. -0 Permit fee more than $1, 000 Fee x .0005 Certificate of Occupancy (Authorized by Res . No. 2604) Commercial/Industrial - . 005 times the value of the project, or $500 . 00, whichever is greater Residential - . 005 times the value of the project with a $500 . 00 maximum 90% of the fee shall be refunded when a final certificate of occupancy is issued. Fast Tracking Issuance of Building Permits (Authorized by Res . #2604) Fast tracking building permit process - City expenses up to 10096 of building permit fee with a 30% deposit Moving Permit $50 . 00 Fire Protection Equipment hereby set as follows : Sprinkler Systems shall be computed at $15 . 00 for the first 10 heads and $4 . 50 for each additional 10 heads or part thereof, and $25 . 00 per hour fee for plan check plus State Surcharge. Repair and miscellaneous work shall be computed at 1 . 27% of the contract price plus State Surcharge. Individual On Site Sewer Permits hereby set as follows : Residential : $50 . 00 Commercial : 1 . 27% of Contract Amount /- Heating. Air Conditioning. Refrigeration, and Ventilation Permits hereby set as follows : Minimum Fee $16 . 00 + $ . 50 State Surcharge Single Family Residence $40 . 00 + $ . 50 State Surcharge Central Air Conditioning (at the time $ 6 . 00 of new construction) +. $ .50, State Su the Commercial fee shall be computed at 1 .27% of the contract plus State Surcharge. Tank & Piping Permits hereby set as follows: Underground fuel storage tanks and piping permit fee to be 1 .27% of contract plus State Surcharge. Lawn Sprinkler Systems - Residential $30 . 00 Lawn Sprinkler Systems - Commercial (This fee includes water connection from building piping to yard side of siphon breaker) $30 . 00 Gas Piping Permits hereby set as follows : Minimum Fee $16 . 00 + $ . 50 State Surcharge Residential - Each fixture or applicance $ 5 . 00 + $ . 50 State Surcharge Alterations and Repairs - Minimum Fee Commercial fee shall be computed at 1 . 27% of the contract plus State Surcharge . Where the gas piping is divided between two contractors such as the Heating Contractor installing .the gas line to the furnace and the Plumbing Contractor doing the balance of the gas piping, each contractor shall take out a permit . Appeal Fees Appeal to Building Code Board of Adjustment & Appeals $90 . 00 Appeal to Housing Advisory and Appeals Board $90 . 00 Appeal to City Council $90 . 00 /3 at-aftderd Sanitary Sewer Service Availability Charge (SAC) Units for Various Residential, Commercial, Public, and Institutional Facilities will be applied as specified in the Metropolitan Council SAC Procedure Manual, latest edition. Metro SAC Charge (these funds are forwarded to thp Council) , 9oo/OMiT City SAC Charge per Resolution No. 4165 S 400/Unit TOTAL. •$1250/Unit Water Availability Charge (WAC) (These fees forwarded to SPUC) Fees are set by Shakopee Public Utilities resolution. ADMINISTRATION/FINANCE - hereby set as follows: Office Charges hereby set as follows : 1 . Assessment Searches $11. 00 2 . Partial Release of Developers Agreement $11 . 00 3 . Copy fee General Public $ .20 Other governmental/non-profit public service $ . 07 Sewer Service Charges (Authorized by City Code 3 . 02) 1 . Monthly service charge $ 8 . 00 2 . For every 1, 000 gallons or part thereof of metered flow or water usage 51 . 62 $ 1 . 74 3 . Charge for unmetered residential water accounts or new accounts 516 . 10 $1G . 70/month lY POLICE/FIRE Report Copies hereby set as follows : 1 . Up to 10 pages $10 . 00 2 . 11 and over pages $ 2 . 00/ea. 3 . Taped Statements (audio) $15 . 00 4 . Taped Statements (video) $35 . 00 5 . State Accident Reports $ 5 . 00 6 . Drivers License Printout $ 5 . 00 , 7 . Computer Researched Reports $ 5 . 00 1st hour 4does not include duplication costs) ,$20. 00 for every hour thereafter 8 . Police Reports from City Attorney $10 . 00 9 . Permit to carry handgun in public-background check $10 . 00 Towing and Impounding of Vehicles hereby set as follows : Towing and impounding is done by a private contractor having appropriate impounding facilities . Fees are set by contractor. Dog Licenses. Impounding Fees. etc . (Authorized by City Code 10 .21) 1 . Dog Licenses (good for the life of the dog) $10 . 00 2 . Duplicate license $ 2 . 00 3 . First impoundment $20 . 00 4 . Second impoundment $50 . 00 5 . Third and successive impoundment within a 12-month period $100 . 00 6 . Amount charged per day when confined to the Pound $10 . 00 7 . In the case of an unlicensed dog or a dog for whom proof of a current rabies vaccination cannot be shown, there shall be an additional penalty of $10 . 00 . (Owner is responsible to furnish proof of license and/or rabies vaccination) . 8 . Large animal impoundment $35 . 00 9 . Large animal board per day $15 . 00 Large animals are defined as animals other than household pets ie; horses, cows, sheep. is- PUBLIC WORKS Equipment Rental hereby set as follows : (Minimum Rental Time 1 Hour. All drivable equipment rates include operator) Caterpiller Grader (private) $91. 50/hour (State snow removal) $78 . 00/hour - Front end loader (Fiat-Allis) private . , 04-.09/hour - (State snow removal 2-1/2 yd. w/Q blower) $78 . 00/hour Front end loader (Case) private $94 . 00/hour (State snow removal 2-1/2 yd. w/e blower) $81 . 50/hour Elgin street sweeper $85 . 00/hour Elgin sweeper (State contract-twice/yr) $61 . 00/hour Roscue Side Broom $46 . 00/hour 2-1/2 ton dump truck (single) $57. 00/hour 2-1/2 ton dump truck w/plow $74 . 00/hour 5 ton dump truck (tandem) $74 . 00/hour 3/4 ton pickups (w/plow add 10 . 00) $46 . 00/hour 5 ton tandem truck 2 w/plow $80 . 00/hour Water tanker/flusher $51 . 00/hour Trash compactor $39 . 50/hour Mower tractor (turf type) Contract Rates Weed Mowing (rough) Contract Rates Asphalt roller (1-1/2 ton) $23 . 00/hour Pull paver $29 . 00/hour Steamer (w/tender) $74 . 00/hour Bobcat $57 . 00/hour Raygo alley grader $40 . 50/hour �6 Wood Chipper $46 . 00/hour Post hole digger (tractor mounted) $46 . 00/hour (w/o tractor) $23 . 00/hour Power auger (hand held) $18 . 00/hour Sign replacement/installation $105 . 00/sign (w/o post less $10 . 00) - - - - - c.. -.:_•.- - - ?�:—cry Street sign installation in new subdivisions (per each sign pole) $260 . 00 Sewer rodder $52 . 00/hour Video sewers (w/cassette add $20 . 00/each) $105 . 00/hour Sewer jet cleaning $105 . 00/hour Vacuum Inductor $78 . 00/hour Barricades w/flashers $10 . 00/barricade/day Barricades w/o flashers $8 . 00/barricade/day Cones $2 . 00/cone/day Butuminous Street Repair $2 . 50/sq. ft . Asphalt or Cold Mix $35 . 00/ton Trunk Sanitary Sewer Charge 1995 charge of $1, 251 . 66 per net development acre plus ENR Construction Cost Index of 5439 . 1996 Trunk Sanitary Sewer Charge - $1 . 319 . 74 per net development acre . Refuse/Recycling Collection Rates (Authorized by City Code 3 . 02) 1 . Urban Residence 30 gallon S13 . 05 $12 . 84 60 gallon S13 . 91 $13 . GG Extra Service Coupon $ 2 . 50 Extra 60 gallon container $13 . 66 /7 2 . Rural Residence 30 gallon 516 .03 $15 .78 60 gallon S18 . 72 $18 . 17 90 gallon $20 . 33 $20. 08 Extra Service Coupon $ 2 .50 * All rates include City billing, admin. and sales tax. 3 . Refuse/Recycling Collection License $105 . 00 yr PLANNING - hereby set as follows: I . INFORMATION/DOCUMENT FEES A. Long Range Planning Documents 1 . Comprehensive Plan $50 . 00 2 . 1995-1999 Capital Improvement Program $20 . 00 B. City Codes 1 . Chapter 11 Zoning Ordinance $25 . 00 2 . Chaptcr 11 Cign Rcgulations $ 5 . 00 3 . Chapter 12 Subdivision Regulations 510 . 00 $15. 00 C. Agenda/Minutes (Annual) 1 . City Council Agenda $15 . 00 2 . Planning Commission Agenda $15 . 00 3 . City Council Minutes $35 . 00 4 . Planning Commission Minutes $35 . 00 D. Maps 1 . City Map (small) $ 1 . 00 2 . City Map (large) $ 3 . 00 3 . Zoning (22"x34") $ 3 . 00 4 . Any Printed Maps (blueprint) 50/sq. ft . E. Services 1 . Zoning Verification Letter $25 . 00 F. Recording Fees 1 . Document recording fees with County $1 . 00/page /7- $15 . 00/min + $ 4 . 50 Surcharge G. Sign Permit Fees (Authorized by City Code 4 . 30) Permanent $30 + $ . 50/sq. ft Temporary $25 . 00 II . COMPREIIENCIVE PLAN AMENDMENT FEEL A. Major Amcndmcnt $1, 000 . 00 O: - B Minor Amcndmcnt $��5 00 III . LAND DIVISION ADMINISTRATION FEES A. Major Subdivisions 1 . Preliminary Plat $330 + $6/lot or $200 + $4/acre, whichever is greater 2 . Preliminary & Final Plat Concurrently Preliminary fee plus final fee 3 . Final Plat $150 . 00 4 . Title Review Fee $100 . 00 B. Minor Subdivisions 1 . Lot Division Cplit/Lot Reassembly $100 . 00 2 . Registered Land Surveys $100 . 00 C. Vacations 1 . Vacations of Public Easements $100 . 00 2 . Vacations of Rights-of-Way $200 . 00 D. Park Dedication Fees Refer to Section 12 . 07, Subd. 5 of the Shakopee City Code E. Wetlands 1 . Certificate of Exemption review process . $ 75 . 00 IV. LAND USE ADMINISTRATION FEES A. Application for Appeal of City Administration Decision 1 . Appeal to Board of Adjustment and Appeals $100 . 00 2 . Appeal to City Council $100 . 00 B. Application for Variances 1 . Single Family Residential $ 85 . 00 _ -2 . All others $150 . 00 3 . Appeal to City Council $ 85 . 00 C. Application for Conditional Use Permit 1 . Home Occupations $100 . 00 2 . Home Occupation Renewals and Amendments $100 . 00 3 . All Other Conditional Use Permits $200 . 00 4 . All Other Renewals and Amendments $200 . 00 5 . Appeal to City Council $100 .00 6 . Mineral Extraction & Land Rehabilitation Permit $200 . 00 + $2, 500 cash deposit * +all administrative costs ** + all consultant fees *** D. Application for Planned Unit Development 1 . Planned Unit Development Plan Concurrcntly $700 . 00 +$35 . 00/acre + 51 . 000 cash deposit * +all administrative costs ** + all consultant fees *** 2 . Amendment to Planned Unit Development Plan $300 . 00 + $1, 000 cash deposit * +all administrative costs ** + all consultant fees *** C. Application for Environmental Review 1 . Discretionary Environmental Assessment Worksheet No fee 2 . Required Environmental Assessment Worksheet $1, 000 . 00 3 . Required Environmental Impact Statement $4, 000 . 00 D. Zoning Ordinance Amendments 1 . Map Amendments Less than 2 .5 acres $250 . 00 Greater than 2 . 5 acres $500 . 00 2 . Text Amendments $500 . 00 E. Additional Notice - Applies to all types of applications 1. Rezoning Applications : _ Per Published Notice, in excess one published notices for each of two hearings $ 25 . 00 Per Mailed Notice, in excess of 100 notices for each of two hearings $ 1 . 50 2 . All Other Applications Per Published Notice, in excess one published notice for one hearing $ 25 . 00 Per Mailed Notice, in excess of 100 notices for one hearing $ 1 . 50 NOTES FOR THE PLANNING DEPARTMENT FEE SCHEDULE * Cash Deposits - Actions requiring cash deposits must be paid at the time of the application submittal . Cash deposits are held by the City to ensure adequate payment . A bill for the appropriate costs will be sent to the applicant and if not paid will be obtained from the cash deposit . The City Administrator has the right to amend the cash deposit requirements . Deposits will be place in escrow. ** Administrative Costs - Actions requiring payment for administrative costs may be billed to the applicant . Administrative costs may include but are not limited to the following: staff time, publishing costs, copying, printing and mailing. Department Fees Planning Director $55 . 00/Hour Ecnior Planner $45 . 9-9/IIour Aacictant City Planncr Planner I $35 . 00/Hour Planning Secretary $25 . 00/Hour Planning Technician $30 . 00/Hour *** Consultant Fees - Consultants may be required by the City to review development proposals including but not limited to traffic and water management issues . Consultant fees will be based upon a prior written proposal and agreement . Fees will be placed in escrow. ENGINEERING - hereby set as follows: Engineering Fees _ Department fees for Improvement Projects A. Private Developments The estimated construction costs for projects shall include, but are not limited to utility construction including sanitary sewer, storm sewer and watermain; street constructin including sidewalks, boulevard trees and other appurtenances, site grading and erosion control. A lump sum of 7 1/2% of the estimated construction costs for the project using the following breakdown: Administrative fee - 1% . Plan Review fee - 2% Inspection fee 4 1/2% Total - 7 1/2% Any direct costs incurred, such as material testing, are not included and will be billed back directly to the developer. SPDC inspection services are not included in this fee. B. City Projects The actual hourly rates of the employees will be used plus a multiplier of 2 . 9 for benefits, overhead, etc. A 1% project administration fee will be charged to all projects . Other costs incurred will be added in using the actual costs (i .e. consultants fees, testing laboratories, etc. ) C. Miscellaneous Engineering Work same as the City projects . Grading Permits - Grading permit fees shall equal 7 . 5% of the estimated cost to perform the grading. Wetland Conservation Act Administration 1 . Certificate of Exemption S75 . 00 2 . Replacement Plan S75 . 00 plus hourly Pcrmit Rcvicw 1 . Commcrcial $30. 00 2 . Rc3idcntial $15 . 00 3 . Rcchcck at 1/2 the original fcc Plan. Plat and Rcport Rcvicw 1 . Rcvicw $30 . 00 2 . Plus hourly ratc 3 . Rcchcck at hourly ratc Storm Water Drainage Utility City-wide Fee $18 . 18 per REF* acre *Residential equivalent factor Administrative Fee for Delinquent Accounts Certification $10 . 00 Flood Plain Verification $10 . 00 Reproducable Maps - See page 22 Permit to Work in Public Right-of-Way fees set as follows : Permit to work in public right-of-way - first inspection S35 . 00 $25 . 00 other multiple inspections - hourly rates When work in public right-of-way requires the submittal of plans and specifications, review of the plans shall be charged in accordance with the hourly fees approved for the Engineering Dept . ,?3 Lot Corner Field Search (with metal detector only) $25 . 00 (non-refundable, no guarantees) This is not a legal survey or any verification that lot corners found are in the correct location, but simply an attempt to locate any existing lot corners that are in the ground. PARKS AND RECREATION - hereby set as follows: -._ _ Municipal Swimming Pool Fees Gate Fees : (includes pool and waterslide for the day) Adults and Children $3 . 00 Seniors 65 or over & children under 2 years FREE Season Tickets/Slide Pass Family - Resident $50 .00 Individual - Resident $33 . 00 Family - Non-Resident $60 . 00 Individual - Non-Resident $43 . 00 Instruction Resident $20 . 00 Non Resident $30 . 00 Grant fees for low or reduced income Shakopee Resident Families Family Pool Pass $20 . 00 Swimming lessons $13 . 00 Civic Center Walking Track The Civic Center walking track will be open to all person free of charge. Memberships Memberships will only be sold on an annual basis. Anyone can qualify for a Civic Center membership by paying the annual fee. When purchaing a Civic Center membership a person receives : Free Open Gym (Daily) Open Skating (Tentative - Mon. /Wed. - 6 :15 - 7 :30 p.m. ; Sat . - 11 :45 - 1 : 15 and Sun. 2 - 4 p.m. ) Use of Excercise Equipment Note : Membership does not include admission to paid events or recreation dept . sponsored programs (i .e. aerobics, skating lessons, gymnastics, High School Games, Assoc. Activities - wrestling, basketball, etc. , association tournaments) Daily Admission Adult (19 and over) $2 . 00 _ Youth (6-18) & Sr' s (60+) $1 . 00 - T _ Children 5 and.under Free Punch Card (20 Admissions - Civic Center Only) Adult (19 and over) $35 . 00 Youth (6 - 18) & Sr' s (60+) $17. 00 Annual Pass Civic Center Only Adult (19 and over) $70 . 00 Youth (6 - 18) & Sr' s (60+) $50 . 00 Family $110 . 00 Seasonal Activity Fees : Youth $13 . 00 Adults (includes participants employed full time $22 . 00 by a Shakopee Business) Other Activities assessed on a proportional basis . Additional Non Resident Activity Fee : Youth $11 . 00 Adult $21 . 00 Additional Non Resident Activity Fee for Jackson Township residents ($21 . 00) will be paid by Town Board. Additional Non Resident Activity Fee for Prior Lake residents in the Shakopee School District boundaries $5 . 00 .J i PARK & RECREATION PROGRAMS Youth: Adult: 3/4 Cheerleading $15 . 00 Dog Obedience $35 . 00 5/6 Cheerleading 19. 00 Puppy Obedience 25 . 00 5/6 Volleyball 20 . 00 Open Gym 25 . 00 Golf Lessons 25 . 00 Adult Golf 30 . 00 Tennis Lessons 18 . 00 Adult Tennis 25 . 00 Playground Events 1 . 00 Fall Softball (or free) (per/team) 250 . 00 _. _ Day Camp 15 . 00 t -T _ T-Bal-1 20 . 00 Hourly Rate Activities: Local Businesses/per day (Weekends only - Training Purposes) . $100 . 00 Near Ball 20 . 00 Adult Exercise $ 2 . 00 KIDS 20 . 00 Archery 21. 00 Adult Seasonal Team Sports: Hershey Track 2 . 00 Team Activity Fee Jr. Team Tennis 27.00 /per player $22 . 00 or Special Events 2 . 00 - 5 . 00 /per Team Men' s Basketball $176 . 00 Hourly Rate Activities: Men' s Volleyball $176 . 00 Gymnastics $ 4 . 50 Women' s Volleyball$176 . 00 Trips: Adult Softball $330 . 00 Variable Fee Based on: Church Softball 20 . 00 Admission Cost + Transportation Baseball + Supervisory divided by 30 . (Using Tahpah Park field) Town Team $300 . 00 Youth Activity Fee: $ 13 . 00 Legion 300 . 00 3/4 Flag Football Over 35 League 300 . 00 5/6 Tackle Football 3/4 Basketball (Boys/Girls) Shakopee Showcase: 5/6 Basketball (Boys/Girls) Commercial Exhibits $25 . 00 7-9 Basketball (Boys/Girls) Jr. High Ski Club 3/4 Baseball & Softball 5/6 Baseball & Softball Jr. Baseball & Softball Mickey Mantel Baseball Jr. Fastpitch Softball 1-6 Wrestling 26 City of Shakopee Facility Use Fee Structure Rental Rates and Charges Groups or individuals interested in reserving or renting Civic Center, Community Youth Building and City Hall facilities may do so by calling 445-0000. Reservations must be made 30 days prior to rental. Individuals and groups using City facilities may be assessed a facility use fee and/or staff charges. Minimum two hour charge. Fees are assessed according to the following criteria. 1. City-of Shakopee and School district#720 sponsored and affiliated groups and activities II not be charged rental fees for use of the Civic Centers gym, meeting room and related animates. Not included in this policy is the ice arena. 2. Local organizations that are quasi-public, youth serving organizations, civic and service organizations, fraternal organizations and social agencies, non-profit educational organizations, governmental entities in Scott County, religious organizations for non-worship activities, local political organizations (caucuses)will not be charged rental fees. Staff fees will be charged when facilities are not normally staffed. 3. Groups listed under category 2 who use the City facilities for fund raising events or for activities that require admission fees, or collection of money are subject to 60% of the rental rates (unless proceeds are contributed to the local community). Religious organizations for worship or instruction are subject to 60%of the rental rates. Staff and equipment fees will be assessed per agreement. 4. Individuals, private agencies, businesses, companies or vendors who reside within City of Shakopee, and who use City facilities for commercial (sales, marketing, training) or personal profit, will be assessed 100%of the rental rates. Staff and equipment fees will be assessed as per agreement. 5. Individuals, religious organizations, private agencies, businesses, organizations, companies or venders located outside City of Shakopee will be assessed 125% of the rental rates. FACILITY RENTAL FEES Community Youth Building $ 25. /per hour+$50 refundable damage/cleaning deposit Community Meeting Room (6 OR MORE) $ 25./per hour Community Meeting Room (4-5 PERSONS) $ 25./per hour Gymnastics/Aerobics Studio $ 25. /per hour Mezzanine(wrestling room) $ 25. /per hour Gymnasium/Ice Arena (Dry) $ 25. /per hour Ice Arena (Prime) $ 110./per hour Ice Arena (Off Prime) $ 55./per hour Multi-purpose room $ 25./per hour Picnic Shelter Resident or No-profit group $ 25./per day Picnic Shelter Shakopee Corporate Business $ 45./per day Non-resident group or Corporate Business $ 55./per day Ball fields (One day) $ 20./per field Ball fields (Two day) $ 30./per field Ball fields (Three day) $ 40./per field Tahpah Park Concession stand $ 50./per day $50 refundable damage/cleaning deposit STAFFING CHARGES Custodial Fees: $ 27. /per hour A charge may be assessed to categories 2, 4 &5 groups for special set-up and or clean-up. Category 2 &4 will be charged a custodial fee for activities requiring custodial services which are scheduled when facilities are not normally staffed. Category 5 groups will be charged a custodial fee for all activities. Building Supervisor: $ 12./per hour A charge may be assessed to categories 2, 4 & 5 groups per agreement. Security and Police Officers: .2 ) Groups in categories 2, 4&5 may be asked to provide security and or police officers for certain activities. Events in which high attendance is expected, When an unusual amount of money is to be exchanged, or if valuable property will be used or featured are examples of such activities. EQUIPMENT RENTALS/CHARGES (DAILY FEES) VCR/Monitor $ 10. Microphones $ 5. Ice Machine $ 10. Coffee Maker(1 00 cup) $ 10. Wrestling Mats $ 50. (No charge: Mat Club& High School) Tumbling Mats $ 25. Basketball $ 1./each Volleyball Standards-Nets& Ball $ _15./per court =>- .Sound-System for Music $ 10. Batting Cage $ Golf Cage $ 3.75/per 15 minutes Volleyball &net(Outdoor) $ 5./per day or weekend Horse Shoes $ 4./per day or weekend An invoice for charges will be sent after the schedules activity. Charges are assessed from the time a group enters the building to when they depart.A down payment may be required. OTHER - hereby set as follows: 1 . Application fee for variance from or amendment to the cable franchise ordinance 25 . 00 PLUS Costs of consultants hired to assist the City in considering variance applications will be billed to applicant based on actual cost to the City. _ Notification will be sent to applicant that —_ consultants. will be utilized when that determina- tion has been made. /5—CL, December 1, 1995 Mr. Paul Bilotta Planning Director City of Shakopee 129 South Holmes Shakopee, MN 55379 Dear Mr. Bilotta: The purpose of this letter is to provide you with a two week notice regarding my resignation from the City of Shakopee Planning Department. My last day with the City will be Friday, December 15, 1995. I have been offered a position within the private sector at a salary of almost $9,000.00 more per year, and feel that I cannot let an opportunity like this pass by. l would like to extend my '• appreciation to you and the City Council for the chance to learn and to gain work experience with the Planning Department. As a Department Head, you are one of the best. inc ely, L(11/(A; Terrie A. Thurmer c: Dennis Kraft, City Administrator ACTION REQUESTED: Accept the resignation of Terrie Thurmer and direct staff to take the steps necessary to:fill the position vacancy.