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HomeMy WebLinkAboutApril 30, 2002 TENTATIVE AGENDA CITY OF SHAKOPEE ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA APRIL 30, 2002 LOCATION: 129 Holmes Street South Mayor William Mars presiding 1] Roll Call at 4:30 p.m. 2] New Business A. Award Library Contract — Resolution No. 5703 B. Library Site Clean -up Grant Submittal — Resolution Nos. 5704 & 5705 C. Appointments to the Board of Review — Resolution No. 5702 D. Appointments to Shakopee Public Utilities Commission — Resolution No. 5701 3] Old Business A. Discussion of City Council Goals 1. Review of 18 -24 months 2. Discussion of long term goals 4] Other Business 5] Adjourn 9 CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Library Bid Award DATE: April 26, 2002 At its meeting of April 30 the architect will have a recommendation regarding a bid award for the Shakopee Public Library. As of this writing, background investigation is continuing; results of the investigation will be part of the recommendation at the Council meeting. If the Council is ready to award the contract, it should, by motion, designate the winning bid, and adopt the following resolution: RESOLUTION NO. 5703 A RESOLUTION ACCEPTING BIDS ON THE NEW SHAKOPEE PUBLIC LIBRARY Mark McNeill City Administrator MM:th A Resolution Accepting Bids On T New Shakopee Public Library I WHEREAS, pursuant to an advertisement for bids for the new Shakopee Public Library, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Bidder Base Bid Adolfson & Peterson $3,749,200 Arkay Construction $3,876,000 Bor -Son Construction $3,900,000 Builders, The $4,132,000 CM Construction $3,639,800 Ebert Construction $3,635,700 Greystone Construction $3,831,000 Jorgenson Construction $3,736,000 Kraus Anderson Construction $4,199,000 Lund Martin Construction $3,820,000 Merrimac Construction $3,649,633 Oakwood Builders $3,747,000 RJM Construction $4,105,000 Rochon Construction $3,725,000 Shaw Lundquist $3,715,000 Weber Construction $3,843,000 Westra Construction $3,470,000 is the recommended bidder. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA: 1. The appropriate City officials are hereby authorized and directed to enter into a contract with in the name of the City of Shakopee for the new Shakopee Public Library according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. 2. The City Clerk is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed. Adopted in adj. regular session of the City Council of the City of Shakopee, Minnesota, held this 30th day of April, 2002. Mayor of the City of Shakopee ATTEST: City Clerk '' • IV Me morandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Library Bid Award DATE: April 19, 2002 INTRODUCTION: At the special meeting of April 23 the Council may be asked to award the bid for construction of the Shakopee Library. BACKGROUND: On April 16", 17 bids were received in response to advertisement for proposals to construct the new Shakopee Public Library. The base bids as submitted ranged from a low of $3,470,000 to a high of $4,199,000. In the bid specifications, the bidders were notified that the three lowest bids would be required to submit information relating to references, and public building projects that their company had done during the past five years, including projects over 15,000 sq. feet and $2,000,000 in size. That information was to be submitted to the Architect by the close of business Friday. By the Tuesday special meeting, the Architect and Attorney will have reviewed those, and it is probable that a recommendation will be forthcoming regarding an award. However, if more time is needed, it is possible that a recommendation will be made to defer award until the special Council meeting of April 30 Regarding schedule, the Library has had to defer its plans to move until confirmation of the award of the contract. There are several groups with which to coordinate, so it is likely that the Library will be closed and moved to interim location at the Community Center within the next one to two weeks. Regarding construction time, the contract calls for completion in about 14 months. BUDGET IMPACT: The Architect's estimate had been $4,573,570. Obviously, the bids as received were very favorable, with the lowest bid being $1.1 million less than had been anticipated for the building construction itself. While numbers will not be finalized on environmental cleanup until after demolition is complete, that also now appears to be within budget (although those numbers will be more clear within the next week). Therefore, the interfund loan of $2.71 million described to the City Council as the April 2nd meeting, can be reduced by the final amount of the contract, which means that it will be more in the $1.6 million range. Based on that, it would be a three year payback, with loan interest to be paid over that time in the amount of $130,000, a savings of $218,500 from the $348,500 which had been the earlier figure. • ► • X1 0 At the April 23 meeting, depending upon the recommendation of the Architect, the Council may be asked to award a contract for the construction of the Shakopee Public Library. 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C7 H W CO J x N O O') N C O a CL m H 0 rl CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Library Site Clean -up Grant Submittal DATE: Apri125, 2002 At its meeting of April 30 the City Council will be asked to approve two resolutions to be submitted to the Minnesota Department of Trade and Economic Development (DTED) for possible funding of soil and groundwater clean -up activities at the public library site. DTED sponsors a Contamination Clean -up Grant Program, which assists applicants in cleaning -up contaminated sites which are to be used for redevelopment. Redevelopment maybe in the form of job creation or tax producing structures, but the grant also is eligible for use by public entities constructing such things as library buildings. RESPEC, the City's environmental consultant, has completed the Phase II investigation report. Included in that were soil and groundwater sampling of the half block upon which the new library will be constructed. As had been anticipated by the Phase I report, some low level, but nonetheless qualifying amounts of contamination were detected. The groundwater contamination levels are reportable, and I have directed RESPEC to proceed with their recommended response, that being a survey of private wells wick may be located north and east of the library site (in line with subsurface drainage to the Minnesota River). If there are no contaminated wells found, it is possible that no clean- up activity will be required for groundwater. Monitoring wells may need to be installed. The soil contamination is in the form of a trace chemical which resulted from dry cleaning activities done more than 30 years ago. It is not at a level which will require special handling. The contract documents which were bid and opened on April 16 provided for an estimated 100 cubic yards of soil to be removed and stockpiled on site, pending soil treatment at another location. RESPEC will provide a trained individual to determine the actual amount of contaminated soil to be removed. The Phase II investigation report conducted by RESPEC estimated the amount to be removed to be between 75 and 200 cubic yards. RESPEC also indicates that the grant may make eligible for reimbursement the costs of demolishing the building and parking lot, as those areas will have contaminated soil beneath them that must be removed. The grant application has noted that we do not have specific costs for that, pending discussion with the final contractor for the library project. The DTED grant has two application deadlines — May 1 and November 1 of each year. Therefore, it is important for the City Council to authorize submission of this grant application at its April 30 meeting. The DTED grant application program allows a grant to be awarded for up to 75% of the estimated cost of the investigation or $50,000, which ever is less. The estimated cost of the investigation are still being determined, and the City must provide 25% of that as a match, which could come from the City building fund. Another 12% of the investigation costs must come from other unrestricted City money. City staff interprets this to mean that it could also come from the Building fund. Assuming that the City is able to submit an application for the maximum $50,000 (which would mean demolition costs are eligible), the grant could reimburse the City as much as $31,500. � 1. I recommend that the City Council authorize submission of a grant application for the DTED Contamination Grant. 1 1 If the Council concurs, it should, by motion, authorize submittal of a grant application for the Minnesota Department of Trade and Economic Development Contamination Investigation and Remedial Action Plan Development Application. The following resolutions will need to be adopted: RESOLUTION NO. 5704 A RESOLUTION APPROVING SUBMISSION OF AN APPLICATION FOR CONTAMINATION CLEAN -UP GRANT TO THE MINNESOTA DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT and RESOLUTION NO. 5705 A RESOLUTION COMMITTING LOCAL MATCH AND AUTHORIZING CONTRACT SIGNATURE, FOR THE MINNESOTA DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT CONTAMINATION CLEAN -UP GRANT PROGRAM ! OvAj1 1 Mark McNeill City Administrator MM:th RFR -26 -2002 09:10 FROM:RESFEC INC. 651 - 649 T0:952 445 6716 F.002/002 RESPEC Inc. Projected Response Action Plan Implementation Costs Shakopee Public Library RE SPEC #1316 April 26, 2002 Task Cost. Wastc Profile $335.00 Landfill Approval $1,300.00 RAP Contingency Plan $2,900.00 RAP Implementation $7,450.00 RAP Implementation Report $3,560.00 Additional Assessment $3,000.00 Chemical Analyses - three day turnaround $2,300.00 Soil Excavation, Transportation, I3ackfilling - Assuming 200 cubic yards in -place $7,800.00 Soil Disposal $10,400.00 $39.045.00 ESTIMATED TOTAL COST FY 02 — FY 03 IV. COST ANALYSIS BUDGET 15. What are the total investigation and RAP development costs? 16. How much are you requesting from DTED? (This amount cannot exceed $50,000 or 75% of the total cost, whichever is less.) Complete the budget table below. If you have already completed a Phase I investigation, you may include that cost in addition to the future investigation & RAP development costs to be incurred. BUDGET SOURCES & USES Eligible Activities for Investigation and RAP Development Costs Already Incurred YIN Date Costs Incurred DTED Request + 25% Local Match #1 + Local Match # 2 = Total Cost Phase I Investigation Y 1/02 1008.00 400.00 192.00 1600.00 MPCA Administrative & Technical Assistance Y 3/02 1020.60 405.00 194.40 1620.00 Phase II Investigation Y 4/02 4284.07 1700.00 816.01 6800.11 Soil Removal & Remediation N 5/02 Building Demolition N 5/02 - Ye t " ` p4k;e be f l/���66J G-vEt c ' Ci Subtotals: Total - Investigation & RAP Development: 17. Please submit an audit, or financial statement if an audit is not available, from the municipality in which the site is located. Investigation 4 RESOLUTION NO. 5704 A RESOLUTION APPROVING SUBMISSION OF AN APPLICATION FOR CONTAMINATION CLEAN -UP GRANT TO THE MINNESOTA DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT WHEREAS, the City of Shakopee, in conjunction with the Scott County Library System, is in the process of replacing the existing Library building located at 235 Lewis Street South; and WHEREAS, the City of Shakopee has owned that site since the 1970's; and WHEREAS, for some time prior to its use as a library, commercial operations on that site discharged materials into the soil which now require remediation and clean -up; and WHEREAS, the City of Shakopee is desirous of submitting a grant to the Minnesota Department of Trade and Economic Development to assist in investigation and clean -up costs. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council that the City of Shakopee has approved the Contamination Clean -up Grant Application submitted to the Department of Trade and Economic Development (DTED) on April 30, 2002, by the City of Shakopee for the Shakopee Public Library site. Adopted in Shakopee, Minnesota, held this day of 2002. Mayor of the City of Shakopee ATTEST: session of the City Council of the City of City Clerk I certified that the above resolution was adopted by the City Council on April 30, 2002. Judith S. Cox, City Clerk Witnessed by: (Name) (Title) (Date) RESOLUTION NO. 5705 A RESOLUTION COMMITTING LOCAL MATCH AND AUTHORIZING CONTRACT SIGNATURE, FOR THE MINNESOTA DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT CONTAMINATION CLEAN -UP GRANT PROGRAM WHEREAS, the City of Shakopee seeks to submit an application for grant monies to assist in contamination investigation and clean -up in conjunction with the Shakopee Public Library site, located at 235 South Lewis Street; and WHEREAS, the Minnesota Department of Trade and Economic Development Contamination Clean -up Grant Program details requirements for said grant application; and WHEREAS, the City of Shakopee has completed and will submit said grant application. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council that the City of Shakopee act as the legal sponsor for project(s) contained in the Contamination Clean -up Grant Program to be submitted on April 30, 2002, and that the City Administrator is hereby authorized to apply to the Department of Trade and Economic Development for the funding of this project on behalf of the City of Shakopee. BE IT FURTHER RESOLVED, that the City of Shakopee has the legal authority to apply for financial assistance, and the institutional, managerial, and financial capability to ensure adequate project administration. BE IT FURTHER RESOLVED, that the resources and amounts of local match identified in the application are committed to the project identified. BE IT FURTHER RESOLVED, that the City of Shakopee has not violated any Federal, State or local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice. BE IT FURTHER RESOLVED, that upon approval of its application by the state, the City of Shakopee may enter into an agreement with the State of Minnesota for the above - referenced project(s), and that the City of Shakopee certifies that it will comply with all applicable laws and regulation as stated in all contract agreements. NOW, THEREFORE BE IT RESOLVED, that the Mayor and City Clerk are hereby authorized to execute such agreements as are necessary to implement the projects) on behalf of the applicant. Adopted in Shakopee, Minnesota, held this session of the City Council of the City of day of 2002. Mayor of the City of Shakopee ATTEST: City Clerk I CERTIFY THAT the above resolution was adopted by the City Council of the City of Shakopee, Minnesota, on April 30, 2002. Judith S. Cox, City Clerk Witnessed by: (Name) (Title) (Date) TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk Ckr SUBJECT: Appointments to the Board of Review DATE: April 25, 2002 INTRODUCTION: City Council is asked to make appointments to the Board of Review. The Board of Review is set for Tuesday, May 14 and May 28, 2002, beginning at 7:00 p.m. in the Council Chambers at city hall. BACKGROUND: Board of Review consists of five members. There are currently three vacancies on the Board of Review. Since the separation of the Board of Review from the City Council in 1990, one or two council members have also served on the Board of Review because there have been insufficient interested candidates from the community. We have continued to advertise in the local paper, in the Mint and on the Website since the beginning of the year seeking interested candidates to serve on the Board of Review. Letters were also sent to local real estate firms. We recently received the attached application from Mr. Richard Marks. Although Mr. Marks resides just outside the City limits, he does work within the City of Shakopee and is also a real estate appraiser. Mr. Marks served on the Board of Review from 1990 through 1998. Staff recommends dispensing with the guidelines for appointments to boards and commissions to allow the nomination and appointment of Mr. Marks to the Board of Review at the same meeting. Staff also recommends that two members of the City Council be selected to serve on the Board of Review to complete the membership to five for 2002. RECOMMENDED ACTION: 1. Nominate Mr. Richard Marks to the Board of Review. 2. Dispense with the guidelines for appointments to boards and commissions to allow nomination and appointment to the Board of Review at the same meeting. Adopt Resolution No. 5702, A Resolution Appointing A Member to the Board of Review, and move its adoption. [This would be a three year term.] 4. Select two Council members to serve on the Board of Review for 2002. BOARDS •• C OMMISSIO NS Name: I C{n6 - r6' Address: t 27 � 1 Phone:(H 5 a J 99 S` SU3 S (W) �� 52� E -mail Address: U!11 -` VCS How long have you been a Shakopee Resident? o, 17' Occupation: Place of Employment: [elm r Does your work require you to travel? (Check one) A great deal Periodically Very Little None Do you have any special interests or training, which you feel a particular board or commission could use? (Use a separate sheet if necessary) i T _. el n..o., .'„ �e 1 .. .2 rno,;v, �,�' 0\ -# e CY. V d rein C , �;T _rou rec-t Board or Commission in which you are interested? (If more than one, please indicate order of preference) 4 Y� Vl 1 cL l 1) ad c�`rZ°K Q KEY ( CuJ Please state briefly why you are interested in serving on this Board/Commission for which you are submitting an application: + - �- I � � �u j C :,- -- -- In „, �J- � rA r) r OUS t}t C MMM �-c e-WW 1�Y S o r term Im Conflict of interest is defined as the participation in any activity, recommended action, or decision from which the individual has or could have the potential to receive personal gain, whether it be direct or indirect. In accordance with this definition, do you have any legal or equitable interested in any business, however organized, which could be constructed as a conflict of interest? Yes_ No yes, please provide the details on a separate sheet of paper. Please list three references t (Name, Address, Phone 1 . - �n -4 SC;Y m iA1 FS6 S� d 2. M (XYL4 3. u ) F-4 I hereby certify that the facts within the foregoing application are true and correct to the best of my knowledge. C 126�� Signature A f) r- ) )5 2z6 2- Date RETURN APPLICATION AND PLEDGE TO: City Clerk City of Shakopee 129 Holmes Street South Shakopee, MN 55379 952- 233 =3800 Date Received: RESOLUTION NO. 5702 A RESOLUTION APPOINTING A MEMBER TO THE BOARD OF REVIEW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the following appointment is hereby made: Richard Marks is appointed to the Board of Review for a three year term expiring February 28, 2005. Adopted in adj. regular session of the City Council of the City of Shakopee, Minnesota, held this 30 ' day of April, 2002. Mayor of the City of Shakopee ATTEST: City Clerk C n' : CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: SPUC Vacancy DATE: April 25, 2002 At its meeting of April 30 the City Council will be asked to appoint two additional SPUC Commissioners. The 2002 Minnesota Legislature authorized the number of individuals serving on the Shakopee Public Utilities Commission to increase from three, to five. Advertisements were made, and as of the application deadline of April 11 four applications were submitted by interested residents. One additional candidate submitted an application, but it was received after the April 11 date. That individual was notified that unless the interview panel did not feel that sufficient qualified applicants had been received, that late - arriving application would not be considered. Since that April 1 lth date, one of the original four candidates has withdrawn from consideration. As discussed by the City Council at its April 16 meeting, an interview selection panel was designated to be made up of Councilors Joos and Lehman, and the Vice Chair of the Shakopee Public Utilities Commission. Those interviews will be held Monday, April 29 and it is likely that a recommendation will be made to the Council at its Apr 130 meeting. The three active candidates are: John Engler Larry Meilleur Robert Sweeney Note that while Mr. Sweeney is a member of the City Council, the State law authorizing increasing the size of the Commission does allow for one member of the Shakopee Public Utilities Commission to be a member of the City Council. So as to activate the two additional positions as soon as possible, the Council will be asked to place in nomination all three candidates, and then make a decision as to which two candidates to be appointed at the April 30 meeting. The City Clerk will have ballots available at the April 30 meeting. The appointments will need to be done by resolution. The names of the successful candidates will then be inserted in the resolution at the meeting. 1UU MCI 1 t, E It is recommended that the Council place in nomination all three names, and then appoint two of the three candidates to the Shakopee Public Utilities Commission. One should be designated for a two year term; the other a 3 year term. The terms of office will commerce May 1, 2002. ' @ 1 If the Council concurs, it should determine the two applicants and terms of office for the Shakopee Public Utilities Commission, and insert those names in the following resolution: RESOLUTION NO. 5701 A RESOLUTION APPOINTING MEMBERS TO THE SHAKOPEE PUBLIC UTILITIES COMMISSION Mark McNeill City Administrator MM:th CC: Lou VanHout, SPUC BALLOT FOR APPOINTMENTS TO THE SHAKOPEE PUBLIC UTILITIES COMMISSION Vote for two (2) John Engler Larry Meilleur Bob Sweeney Councilor RESOLUTION NO. 5701 A RESOLUTION APPOINTING MEMBERS TO THE SHAKOPEE PUBLIC UTILITIES COMMISSION WHEREAS, on March 19, 2002, the City Council adopted Resolution No. 5663, A Resolution Approving 2002 Minnesota Laws Chapter 226, Relating to the City of Shakopee Increasing its Public Utilities Commission from Three to Five Members; and WHEREAS, on April 16, 2002, the City Council adopted Ordinance No. 628, An Ordinance Increasing Membership on the Shakopee Public Utilities Commission from Three to Five. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the following persons are hereby appointed to the Shakopee Public Utilities Commission for terms of office as follows: 1. for a two -year term expiring April 1, 2004. 2. for a three -year teen expiring April 1, 2005. Adopted in adj. regular session of the City Council of the City of Shakopee, Minnesota, held this 30 day of April, 2002. Mayor of the City of Shakopee ATTEST: City Clerk Memorandum TO: ° Mayor and City Council FROM: Matt Lehman, Councilmember SUBJECT: SPUC Candidate Committee Recommendation DATE: April 30, 2002 Interviews of three candidates for the two additional SPUC positions were held April 29 After a lengthy debate, the SPUC interview committee recommends Larry Meilleur for the 2 year term and John Engler for the 3 year term. The recommendation was not unanimous, as one vote was for Bob Sweeney and John Engler. The interview committee decided that the democratic process should move the majority (vote getting) candidates forward. On a 2 to 1 vote, the committee chose not to move all 3 candidates forward to the City Council for consideration. The committee believed Mr. Sweeney was the most experienced of the candidates, however, concerns about the potential for a future conflict of interest between City and SPUC issues outweighed the benefits. The fact that Mr. Sweeney is a liaison to SPUC was a factor because it allows the use of all 3 candidates to the fullest, as SPUC and the City receive the benefit of the two recommended members and would continue to have an experienced liaison in Mr. Sweeney. The committee also has a concern that if Mr. Sweeney is a voting member of SPUC, the Council would have to reassign the liaison position to another Councilmember. Matt Lehman City Councilmember CITY OF SHAKOPEE Police Department Memorandum TO: Honorable Mayor and City Council Mark McNeill, City Administrator FROM: Sergeant Jeff Tate SUBJECT: Surplus Property DATE: April 14, 2002 Council is asked to declare certain items held by the Police Department as surplus property. The Police Department currently finds itself in possession of numerous items that have been recovered/stored over the last several months. The attached memorandum from Community Service Officer Jaclyn Scheerz, lists the bicycles that can now be disposed of. In prior years bicycles in good repair had been taken to the Bicycle Safety Rally and put on silent auction with the proceeds going into the City's General Fund. The bikes in less than good condition were disposed of through Community Corrections. It is our plan to dispose of the bikes in a similar manner this year. The Bicycle Safety Rally is scheduled for a weekend in May. Staff recommends Council declare these items held by the Police Department as surplus property for the purpose of proper disposal. MMENgmemmul 1i If the Council concurs, it should, by motion, declare these items surplus property and authorize staff to appropriately dispose of these items. Attachments: 1. Memo from CSO Scheerz —April 6, 2002 2. Listing of recovered bicycles CITY OF SHAKOPEE MEMO DATE: TO: FROM: SUBJECT: POLICE DEPARTMENT April 6, 2002 Shakopee City Council Members Jaclyn Scheerz, CSO Request Surplus Items For Auction This spring the Shakopee Police Department along with the Savage Police Department and the Prior Lake Police Department will be holding the third annual Tri -City Auction. The auction will take place at the Shakopee Public Works building, in the garage. A specific date has not been scheduled yet. However, after speaking with the Prior Lake CSO, Joan, we are looking at the last week in May, possibly on a Thursday night or Saturday afternoon. The council will be notified as soon as we decide on a day that works with the auction center as well as the Savage PD, Pri or Lake PD and Shakopee PD. There are fifty -one bicycles from the bike loft at the Police Department ready for the auction. Before the items are placed onto the auction block, they need to be declared surplus items. The attached sheet is a list of bicycles I am requesting your approval of to be declared surplus property. Thank you. Erb Community Service Listing of Recovered Bicvcles (April 2002) Make Model Color IType Condition Size Found Serial # Mongoose Fs -1 Green jBoy Good 20" Feb -02 R2052TGTIOGP15JA Huffy Mojave Green Girl good 15spd 2115/02 46697- 9156723H5735 Magna Glacier Pt #8504 -42 Green Boy Fair 12spd 2115/02 OOTD461293 Magna Great Divide Purple Girl Bad 1/27/02 99TD033805 Free Spirit Blue Girl Good 20" 1/13/02 50800211 Mt. Sports Painted Over Blk/Red Boy Trek 10spd Grey Boy Fair 30" 11/28/01 T8A22389 Magna Blue Boy Good Med 11/8/01 99TD12261818 Bay Pointe Red Girl Okay 3spd 11/20/01 H02611346 Huffy Mega Maxx Blu /Blk I Poor /Ok 11/12/01 44665-- 9079623F8152 Raleigh M -20 Blue Girl Good 11/11/01 902315 Murry Ultra Terraine Extreme Blue Boy Okay 18spd 11/9/01 8- 9992X92 - 0313984 Huffy Timber Creek Turquois Boy Good 10spd 1119/01 666049097433H5219 Schwinn Z- Factor /BMX Style Black Boy Fair 11/8/01 S3K09450 Roadmaster Mt. Sport SX Red /blk Girl Good 10/25/01 SAAJF24668 ? ?? Mountain Bike 18spd Black Boy Fair 26" 10/19/01 4- 996X9 - 072294 Rampar Lt. Blue Boy Fair 27" 10/15/01 Huffy Stone Mountain Blue Boy Good 26" 10/14/01 Royce Union 360 Hazard T -18 Chfome Boy Okay BMX 8/30/01 980901151 Huffy Stone Mountain Ple /Blu Fair 26" 8/16/01 With a basket Murray Axis Red Good Adult 8/12/01 Roadmaster Ultra Terrain Green jBoy Good Adult 8/12/01 M000818248 Mongoose Switchback Purple jBoy Good Large 8/7/01 M2J192757 Fuji Red jBoy no pedals Med 8/1/01 IFSJO230 Huffy Pulsar Pink I Girl Poor 10spd 8/7/01 8072726837 Huffy Chrome jBoy Okay 9/4/01 K99CLO299 Huffy Expedition Ple /Pink I Girl Good 10spd 9/10/01 K6613- 9168326111493 Mongoose Orange jBoy Okay 9/10/01 M980675885 Unknown stickers removed Chrome jBoy Good K991202634 Free Spirit 27" Blue jBoy Fair 10spd 9/2/01 Aspen Valley Road Master Pink Girl Fair Adult 8/31101 none /has a baby seat Magna Mountain Bike/8560 -61 Orange Boy Good 18spd 8/23/01 Schwinn Traveler Red Boy . Okay 26007181no seat Nishiki IMountain Bike Blue Boy Poor 26" 9/16/01 bent front tire Magna Fugitive Blu /Chrm Boy Fair BMX 9/17/01 99TD130691/no seat Free Spirit Crestwood Red Girl Good 9/10/01 M000382145 Scooter Silver Good Seseame St Zoom Pink Girl Good Hunt Wilde Green Poor Old Huffy Supera Green 15spd 6667- 9071815H8173 Strider S -2000 Blue 10spd Takara Horizon Blue 10spd 6500655 Huffy Silver BOOA096035 Huffy Traveler Green 10spd 3660- 9097433H524 Schwinn Durasport Red Huffy Canyon Blue 15spd ? ?? Red S861113131 Murray Mountain Scene Green 2- 9992X12- 101092 Pro Tour Blue Huffy Mega Maxx Blu /Blk 18spd Pacfic Banchee Chrome 15" 1 IHJ0123802 3.0, 1, NNAJ -... ,IN TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: March 12 City Council Goals — Up to 24 Months DATE: April 23, 2002 At a goal setting session on March 12 the City Council established the following eleven goals to be accomplished during the next 18 -24 months. Those goals were: 1. Maintain fmancial integrity for budget process; need to plan for State aid cuts. 2. Library, Police, Public Works building construction (Public Works was understood to be remodeling of the vacated Police building. Phase II, to expand the garage will be a longer -term goal). 3. Continue to promote citizen involvement — neighborhood meetings, website development, Shakopee Showcase. 4. Clean -up Enforcement — CSO's needed to be at full strength. Also unresolved discussion on deteriorating neighborhoods, and impacts of multiple families living in single - family houses. Housing enforcement vs. health department enforcement? 5. Extended Developable Plan — Update existing sewer plan — where is it most affordable to extend sewer and water? Involves both available land in Shakopee, and areas to be annexed in the township. Noted that people in township should be given an opportunity to accept sewer one time; otherwise no obligation on the part of the City to provide. 6. Promote Huber Park - Use the location for clean, compactable fill location to get it out of the flood plain. Need to confirm that Army Corps of Engineers will allow filling in the floodplain. 7. Promote Affordable Housing — Need to have roundtable of builders, developers come forward with their ideas as to how to provide, and where savings from government maybe made. 8. Extend river trail into 30 -acre former Hauer (RIM) property. Could be done by Public Works. 9. Finalize negotiations with SSC. 10. Build Vierling Drive extension between Adams Street and Orchard Park development — can be assessed over 10 years. No benefit assessment needed; Council feels is that if property owner does not wish to waive assessments, the City is under no obligation to provide sewer to the location. 11. Build Community Playground — Similar to Skyline Park in Burnsville. Have PRAB look at it; select site. Would be a community effort, involving donated labor and materials. DISCUSSION: Since that time, department heads and key staff have worked with me to discuss and provide input to the Council, as you consider these and other goals. 1. Maintain a financial integrity for budget process. As with everything in the budget process, the Council needs to establish priorities. There are unlimited wants and needs, and only limited resources. Especially because the City does not yet know the impact of any State financial problems that would be passed down to the local level, the FY 2003 budget year will be particularly difficult. In response to that, the City Council did establish a hiring freeze for new positions; that remains in effect, and is anticipated to be discussed at the time that the legislature makes its decision for next year. The current legislative stalemate has made that discussion impossible at this time. The result of the legislature not reaching any solution will result in "unallotment ", in which the Governor is empowered to make up the financial shortfall. See Attachment "A" from the LMC for an explanation of unallotment. In anticipation of State aid cuts, the Council will need to prioritize its services at the following levels: 1. Absolute needs - life safety - at what levels? 2. "Should have services" — ie. services that may not be "essential ", but that are very important in keeping Shakopee a "full- service" community. 3. "Nice to have services" — ie. services that enhance the City's status and reputation as a good place to live, work and play. 2 There will likely be much debate as to what category services fall into. That is part of the prioritization process. Shakopee will be in a better condition than most cities, in that our tax base is growing. However, until the legislature makes up its mind, it is difficult to determine what funding amounts will be possible. 2. Library, Police, Pubic Works building construction. Assuming that the Council will proceed with the Library contract award, the next major focus will be the Police building. At present, the Council will be asked to finalize plans and specifications, and to bid June 4 with bid award in mid -July. Assuming a 14 -month construction period, opening of that facility would be in Fall, 2003. The favorable bid results from the Library means that the interfund loan will be more in the $1.6 million range, rather than the $2.7 million loan earlier anticipated. If the bidding climate stays favorable for the Police building, the $1.6 million loan might be reduced even further. Currently, there is $100,000 in the 2003 building fund projections for remodeling of the Police part of the Public Services building, for use by Public Works. A more complete architectural review and design will be needed; a portion of that was done during a space needs analysis in May, 2000. Much of the second floor of the Police building will not be useable because of handicap accessibility issues, without an elevator (expensive) or a stair lift (not easily done with the current configuration). A priority for 2003 will be to provide locker room and meeting facilities; the current police layout on first floor should be able to be remodeled for those purposes. Longer term, there is not currently a funding source for the Public Works building addition, or the new City Hall, each now scheduled for beyond 2008. Sooner than that, a decision will need to be made as to whether the City will be interested in purchasing the current SPUC building, and, assuming a referendum by the Fire Department as early as Fall of this year for replacement of the Downtown Fire Station, it would mean that the downtown Fire Station would then be available for Public Works storage as well. $100,000 is budgeted this year for building maintenance of the current downtown station. Councilor Link has agreed to work with the Fire Department on that. 3. Continue to promote citizen involvement. The Shakopee Showcase is an annual occasion for the Council to interact with members of the community. However, other opportunities are presented by neighborhood meetings, and block parties. Specifically, the National Night Out 3 will happen in August. That usually takes place on the first Tuesday of August, meaning that the City Council has not been able to attend those neighborhood meetings. The Police Chief anticipates as many as 25 block parties this year for the National Night Out, up from seven. The Council may wish to reschedule the regular first August City Council meeting, so that it may attend those. In addition, website development is an opportunity for the City to present more detailed information to users. With the transfer of the Cable Access Corporation responsibilities and funds to the Telecommunications Committee, after City's share of the Institutional Network is paid, there will be $160,000 of cable funds remaining. Portions of that could pay for website development. While I feel City staff has done a good job of website development, having a professional come in and redo portions of it would make it even more workable. In looking at other cities of our size, a full time communications coordinator for website and cable work is not out of the question. Funding for that could come from the Telecommunications fund. Both City planning and engineering staff continue to expand their use of open houses, neighborhood meetings, and websites. 4. Clean -up (Code) Enforcement. This goal has generated a considerable amount of discussion. At full strength, there will be three LSO's that can be utilized for code enforcement; however, one of those will be assigned almost exclusively to the evidence room and inventory control. That will leave two code enforcement officers when both positions are filled; it is still anticipated to be a couple of months before that happens. In the meantime, code enforcement is being done by police officers. Council will need to establish what priority it wishes to provide code enforcement — if beat cops are dealing with code issues, that leaves less time for more traditional police duties. In the past, the City's philosophy has relied on "working with" violators to get them to comply, rather than going through the more time - consuming and more expensive court option. However, the City should also look at other alternatives rather then to rely heavily on LSO's (or, in the case of land use issues, the planning staff). Effective enforcements require a real penalty, or at least the perception of one. The Council needs to give direction as to how "tough" and immediate it is willing to be regarding enforcement policies. As shown on the memos from Chief Hughes and Sergeant Dellwo (Attachment "B "), in the experience of the police department, there are certain individuals for whom no amount of citations will impact them. They ignore court orders, and it will eventually come down to whether the City is willing to do the clean -up itself 0 (through Public Works or other means), and likely bear most of the costs of that, both economic and political. There was also discussion by the Council on March 12 as to enforcement of multiple families living in houses that have been traditionally single family. That indicates a more complex issue with social structure ramifications, as well as immediate concern regarding enforcement. Should the City move into areas of (1) health code enforcement and (2) housing code enforcement? Based on recent review of the City's inspection activities, the City is currently operating with a very low ratio of inspectors to permit and inspection activity for new constructions. The inspection staff, at its current size, would not be able to fill the additional roles of health and housing inspection. This would require additional staffing costs. It is not clear if these costs could be offset by fees, but it seems unlikely that such fees would be a revenue generator for the City. (See discussion of goal #1 — financial integrity). The City Attorney has looked at this multiple family housing issue. It is a difficult situation that many cities are having to deal with. 5. Extended Development Plan. The sewer plan was updated within the past two years, and Council recently directed that it be revise further with the Comprehensive Plan update that is underway. A larger issue, one which the Public Works Director has discussed with Council, is how the City's planning can be more effectively made certain that all infrastructure (streets, storm sewer, water, sanitary sewer) can affordably and rationally be extended. The Shakopee Mdewakanton Sioux property within the City has a large impact on future development. In terms of efficiencies of extending sewer and water, it may be more practical to develop in areas of the Township adjacent to the City. Areas with rural residential or steep slopes are more difficult to extend to, both from a political and engineering standpoint. Township areas have large undeveloped parcels that are relatively easy to extend sewer and water to, but will need storm drainage facilities. The most recent Comprehensive Plan update has provided 2200 acres for the City to allocate for MUSA over the next ten years. However, only 1400 acres of that can be readily developed within the current City limits, assuming storm drainage issues are resolved (the SMSC property, Shakopee Gravel, and existing rural residential subdivisions make development of other areas more difficult). Annexation is an issue, but not likely be fully resolved within 24 months. 6. Promote Huber Park. 5 The Public Works Director has estimated that it will take 58,000 cubic yards of material to fill in the portion of Huber Park to be most readily developable with the outdoor performing shelter. This would mean a 16 -foot drop from the level of the CR 101 roadway, and would be "stepped down" to provide a terracing effect. Regarding the 58,000 yards, it could take seven years to fill if it is done with dirt generated through City reconstruction projects. A faster alternative would be to purchase dirt, but that would mean $5.00 to $6.00 a yard to move in and compact (about $300,000). Smaller amounts of donated excess materials might be possible, but staff in concerned about having to monitor to be certain that only acceptable material is brought in. It is unlikely that large amount of donated material will be available anytime soon. Two large projects in Shakopee are looking for significant amount of fill (400,000 yards is needed in the West Dean Lake development alone). There will also be a need to fill around the new Police building. Finally, before any of this gets started, a formal request of the DNR for fill approval will be needed. Conversations have taken place, which have indicated that it may be possible, but we do not have permission in hand. That is a several month process. We will proceed with processing this request. 7. Promote Affordable Housing. This also generated a great deal of discussion by staff. First and foremost, it should be remembered that affordable housing issues are a nationwide concern; whatever is done in Shakopee is going to deal with only a small part of it. The suggestion that builders /developers be invited to come in and be part of a round table discussion would be beneficial. The ideas which have been presented to staff (as well as the Legislature and Metropolitan Council) by builders /developers will evolve around issues such as: • Increased residential densities. • Smaller lots. • Reduced setbacks. • Narrower streets and rights -of -way. • Reduced City charges for anything from park dedication to trunk sewer charges and engineering fees. Many of these issues have been discussed by the City Council in the past, but recent Councils have not been in agreement that these "solutions" are something with which they are comfortable. Other concerns include land costs; tilled property has recently been going for between $80,000 to $100,000 per acre. In order for developers to recoup their 10 land investments, they have to build houses far above what would be considered "affordable" to a large segment of the population. Increasing the availability of land (designating more for MUSA) will assist in the short term, but as quickly as land is being developed, the City will exhaust that inventory in a relatively short period of time. There are also environmental issues vs. affordability issues. Scott County, as the WMO, has recently recommended more extensive storm drainage requirements in the County (and therefore, for the cities) which will provide for ways that storm runoff can be better cleaned. However, these options are much more land intensive. With more land going for environmental concerns, it reduces the amount of land for development, and thus pushes up the costs of development. Finally, for a comprehensive discussion of the affordable housing issue, alternative housing should be included. For a large segment of the population, manufactured housing may be the only affordable housing that there is. Requests for manufactured housing zoning in the metropolitan area have not been well received. 8. Extend River Trail. Attached is a copy of a memorandum (Attachment "C ") from Gregg Voxland regarding the purchase of the RIM property (a 37 acre parcel of land north and west of Huber Park). The goal as I understand from Council at the March 12 meeting was that Public Works could establish a nature trail into the rim property, so as to provide access to the river, and even extend around the perimeter of the property. According to the agreement with the DNR/US FWS (which acquired the easement from the City), a nature trail would be allowable. At one time, in the mid 1970's, a trail was in place around the perimeter. However, erosion and frequent flooding took its toll on the path. In looking at this, perhaps the most realistic method of providing a trail would be to take laborers (perhaps Sentence to Service personnel) in with chain saws to clear out downed trees which block much of the pathway that existed from the 1970's. Then a couple of times a year, the path could be mowed, and a pathway left in a natural state. An alternative would be to use woodchips, at least in wet areas. However, woodchips are something that will need to be replaced annually, or more frequently if flooding occurs. Council needs to give further direction as to what it envisions for the river trail. 9. Finalize negotiations with SMSC. 7 It is staff's opinion that the SMSC property as it currently exits, and future properties that might be acquired, are the most significant issues affecting the future development of the City. Utilities being extended to adjacent parcels, and roadway patterns are all impacted by the former MWCC property. While the City (and Scott County and Prior Lake) have attempted to negotiate with the SMSC, to date nothing has been resolved. Absent additional leverage, such as intervention by the BIA, it is simply a goal over which the City has no control, and is unlikely to be attainable within 24 months. 10. Build Vierling Drive Extension. The Public Works Director and I have met with Cal Haskins, owner of the 30 acres located on the south side of the future Vierling Drive extended, east of County Road 15 (Adams Street). Simply put, he is not willing to sign a waiver for assessments. We believe that it would be within the Council's 24 month time frame if the extension of Vierling Drive from where it currently terminates, going west to Adams Street, could be designed by the City's Engineering Department over the winter months. That would keep costs down, in that a consulting engineer would not have to design. In addition, the City's share of the finances for the project is allocated in the 2003 CIP; accelerating construction into 2002 would mean that the project is not budgeted this year. Also to be a player in this is the future fire station site. As discussed previously in this memo, the CIP currently provides for the replacement for the downtown fire station (as well as an eastside station) to be opened in 2004. That means that as early as Fall of this year, a referendum would have to be approved by the voters for these two projects ($1.5 million each). Council should be aware that might compete with the school levy referendum that is also scheduled for this fall; there may also be a referendum for a new high school in 2004. Council should give some direction as to whether it wishes to submit a request from the Fire Department for referenda. Please note that staff has had no formal discussion with the Fire Department on these issues. 11. Build Community Playground. Members of the community and City staff are investigating how Waconia is putting their plan together. There may be staff time and longer term maintenance commitments involved, but the construction typically involves no public money. Fund raising efforts by the community - $100,000 to $120,000 is typically needed. N . The major City involvement may be the donation of a site (although schools are also a possibility). Nonetheless, the project would provide a sense of community involvement, similar to a "barn raising ". The Council should be aware of the above issues. To do all of these in 18 to 24 months will be significant. The staff asks that the Council prioritize the above so that, depending upon budgetary constraints, the issues can be more readily addressed as "must have, should have, and nice to have ". Mark McNeill City Administrator MM:th 9 Legislative Page $153 million education reserve account was reached. The proposal included the original Senate plan to refinance $245 million in transportation projects and shift approximately $300 million in school aid payments to the next biennium. House members were noticeably cool to the proposal and critical of the lack of progress by the Senate on the most controversial components, including the tax increases and the refinancing of the transportation projects. Will progress be forthcoming anytime soon? The Senate and House held floor sessions on Monday, but the budget reconciliation, bonding, stadium, anti - terrorism, and the transportation finance conference committees have yet to announce plans to meet this week. Unallotment If the session ends without a House /Senate agreement that can also sustain a potential gubernatorial veto, the job of balancing the state's budget could fall back on the governor and the commissioner of Finance. Under state law, the governor and the commissioner of Finance can make "unallotments" in state spending to balance the remaining deficit. � Page 2 of 7 The unallotment statute is found in MN Statutes 16A.152 and is generally considered a broad grant of power to the executive branch to address state budget shortfalls. Due to the structure of the statute and the fact that unallotment has not been regularly used, there are many questions about the limits that exist. Despite the vagaries of the law, there are several features that seem clear. Before appropriations can be unalloted, the statute suggests that the state's budget reserve account would have to be depleted. The commissioner of Finance must have the approval of the governor and must "consult" with the legislative leaders, although this consultation does not require legislative approval. Once the budget reserve account is used, relatively few restrictions exist on what the governor can cut. According to a House Research Department memo drafted by Joel Michael and Mark Shepard, generally no programs are exempt from cuts, the commissioner is not required to make across - the -board cuts, there is no maximum percentage that the commissioner can cut from any expenditure, and the commissioner can defer or suspend statutory provisions that would otherwise prevent the unallotment cuts from being implemented. Unallotment for cities The unallotment power seems to clearly extend to appropriations of aid payments and homestead credit reimbursements to cities, counties, and school districts. Durinz hq:// www.Imnc.org/bulletin/legis.cfm 4/24/02 Legislative Page the state budget crisis in the early 1980s, aid payments to local units of government were reduced by executive action. Given that the governor has been critical of the Phase I budget reconciliation plan because local governments did not "share the pain," unallotment could translate into cuts in July, October, and December aid and homestead credit reimbursement payments to be distributed yet this year. In addition to the application of unallotment to general state aids, there is some question as to whether the statute would allow the commissioner to unallot transfers of statutorily dedicated motor vehicle sales tax, which is deposited into the highway user tax distribution fund ( HUTDF). A portion of the motor vehicle sales tax was statutorily dedicated in 2000 when the governor successfully secured legislative approval for the substantial reduction in the license fees for automobiles. Currently, the annual transfer of motor vehicle sales tax is estimated to be more than $160 million. The unallotment statute potentially applies to "any prior appropriation or transfer." In fiscal years 2001 and 2002, the deposit of the motor vehicle sales tax to the HUTDF is clearly an appropriation from the state's general fund. Beginning in FY 2003, the language of the transfer is modified and a strict interpretation of this language suggests that the receipts are directly deposited in the HUTDF and, therefore, are neither appropriated nor transferred from the state's general fund. If the deposit of the motor vehicle sales tax were somehow deemed to be a transfer from the general fund, the commissioner could conceivably unallot the motor vehicle sales tax dedication, which could affect the revenue available in the HUTDF and subsequently the municipal state aid (MSA) account and the MSA distribution to cities over 5,000 population. At this time, such an interpretation does not appear likely. As mentioned above, the unallotment statute does not require the commissioner to make reductions in any particular manner. In fact, the commissioner may have great latitude to design and implement expenditure reductions. According to the House Research memo, the commissioner may be able to unallot state aid and homestead credit reimbursement payments by using a newly developed formula. However, the law seems to suggest the formula should consider other sources of local revenues available to cities. Coincidentally, the city aid cuts proposed by the governor in February could conceivably be employed for unallotment. The law seems to clearly limit unallotments to the current state fiscal year, which includes this year's July, October, and December payments of local government aid and reimbursements for market value homestead credit. If enacted, Page 3 of 7 http:// www.lmne.orgibulletin/legis.cfm 4/24/02 Legislative Page these cuts would likely occur more than six months into the city's current fiscal year, leaving cities little time to implement necessary spending reductions. Page 4 of 7 In addition to having to cope with cuts relatively late in the fiscal year, the interaction of these potential unallotment cuts and levy limits will potentially hamstring cities into the 2003 budget year. The levy limit law does not currently provide for an adjustment for state aid that was originally certified but not actually paid -in this scenario, due to unallotment reductions. In other words, the levy limit calculation for 2003 would not account for the actual cuts in state aid payments for 2002 and some cities would have no ability to increase their levy in 2003 to cover the 2002 cut. However, other cities that did not use their entire levy limit for 2002 may be able to recover a portion or all of the cut through higher 2003 property taxes. Let's hope the Legislature completes all of its work soon and that unallotment is not an option. back to top Governor signs phosphorus bill Jennifer O'Rourke Last Friday, Gov. Ventura signed the phosphorus bill restricting the use of phosphorus in lawn fertilizers. The new law imposes a ban on almost all residential lawn fertilizers containing phosphorus starting in January 2004. For the seven - county metro area, these lawn fertilizers will have a phosphorus level of 0 percent. For areas outside the metro counties, the phosphorus portion of residential use lawn fertilizer is restricted to 3 percent. These restrictions do not apply to agricultural use. An exception exists for golf courses, as well as for home owners /renters with newly sodded or seeded lawns or those whose soil- tested lawns show a need for additional phosphorus. If a city adopts a more restrictive ordinance before Aug. 1, 2002, that city's ordinance is grandfathered. Any city adopting an ordinance after Aug. 1, 2002, loses its more restrictive positions when the law takes effect in 2004. Currently, more than two dozen of Minnesota's cities impose some type of restriction on phosphorus applications for lawns and many others are considering such action. For a sample ordinance, contact the LMC Research staff at (651) 281 -1200. Chief authors of the legislation were Rep. Peggy Leppik (R- Golden Valley) and Sen. Linda Higgins (DFL- Minneapolis). The bill is likely to be one of a very few pieces of environmental legislation to pass this session. http:// www.Irnnc.org/bulletin/legis.cfm 4/24/02 CITY OF SHAKOPEE DATE: April 24, 2002 TO: Mark McNeill, City Administrator FROM: Dan Hughes, Chief of Police SUBJECT: City Council Priority— Code Enforcement This memo serves as the reporting mechanism for the steps that will be used to accomplish the City Council's priority in regards to code enforcement. We will do our best to accomplish this goal with our available resources. As you know, we currently have two vacancies within our community service officer positions and seven police officer vacancies. Without additional staffing, it will be difficult to meet the code enforcement plans as presented by our four Beat Commanders. In March I instructed Beat Commanders to prepare plans to accomplish code enforcement. The four plans were prepared and are being implemented during April 2002. I have requested written reports on the 10 of the following month to keep you informed on progress. Each plan is included with this memorandum. Sgt. Dellwo also prepared a report at my request, concerning civil penalties for code enforcement. His memo, dated April 12, 2002, is attached for your review. I concur with Sgt. Dellwo's assessment of our current city code and civil remedies for cleanup. Officers of the police department can provide "invitations to court," to property owners but that does not ensure cleanup of the code violations. This would need to be done through civil remedies, which are available under certain ordinances. We've asked our city attorney to draft language to remove other items that are not currently allowed under existing city code. Consistent with the City Council's goals, I believe their overall outcome for code enforcement is to not only seek voluntary compliance and criminal penalties for those who do not comply, but also to seek cleanup to improve the quality of life within our city. Memo to Council April 24, 2002 Code Enforcement If the criminal penalties do not "cure the problem" I anticipate forwarding these cases to you to take civil action. You may want to visit with the City Council to determine how best to accomplish the civil remedies. As always, please feel free to contact me if you have any questions or require additional information. DH:pm Memo to Council 2 April 24, 2002 Code Enforcement CITY of SHAKOPEE MEMO POLICE DEPARTMENT DATE: April 2, 2002 O: Chief Hughes FROM: Sgt. Robson SUBJECT: Beat One Code Enforcement Plan Code Enforcement in Beat One will be accomplished in the following manner: • Beat One will be divided into four sections with a patrol officer /s designated to each section. • Bluff and I s' Ave will be the responsibility of Officer Homer. • 2 nd Ave will be the responsibility of Officer Johnson. • 3 rd Ave will be the responsibility of Officer Zauhar. • Dakota St., south of 3 rd Ave, up to 10` Ave and east to Co. Rd. 17, will be the responsibility of Officers Conway and Weidemann. • Patrol Officers will be responsible for a minimum of one code enforcement shift per month. • Code Enforcement shifts will be either an entire patrol shift or a partial shift, dependant on scheduling factors and the current status of code enforcement within the beat. • Records will be kept in a more systematic fashion with a case being opened for each warning issued. • Warnings will be handled as active cases, with follow up at ten and thirty days. • Civil and Criminal remedies will be employed. • Sgt. Forberg will monitor code enforcement efforts in Beat One during my absence. s; �11�C�J DATE: April 4, 2002 TO: Chief Hughes FROM: Sergeant Tate SUBJECT: Beat Two Code Enforcement Plan Code Enforcement in Beat Two will be accomplished in the following manner: • Beat Two will be divided up into four sections with a patrol officer assigned to each section. • Patrol officers will be responsible for the Code Enforcement in their assigned section. • Officer Radde will be responsible for the area west of Co. Rd 15. • Officer Rettke will be responsible for the area between Fuller and Co. Rd. 15. • Officer TenEyck will be responsible for the area between Dakota St. and Fuller St., north of IO Ave. • Officer Clark will be responsible for the area south of 10" Ave., between Spencer St. and Fuller St. • Officers will open a case for each warning given. • Warnings will be handled as active cases with follow -up done in ten or thirty days. • Civil and criminal remedies will be employed to ensure compliance. • Officers will update the beat sergeant monthly on their progress. CITY OF SH KOPEE MEMO POLICE DEPARTMENT DATE: 04 -10 -02 TO: Chief Hughes FROM: Sgt. Dellwo SUBJECT: Beat Three Code Enforcement Plan In an effort to maintain consistency in the police department, code enforcement in beat three will be accomplished in the same manner as beats one and two. The plan consists of the following: • Beat three will be sub - divided into four sections with an officer assigned to each section. • Officers will be responsible for both proactive and reactive code enforcement efforts within their assigned section. • Officer Lipinski will be responsible for the area North of Hwy 169 and West of Marschall Road. ® Officer Balfanz will be responsible for the area North of Hwy 169 and East of Marschall Road. ® Officer Trutnau will be responsible for the area South of Hwy 169 and West of Marschall Road. ® Officer Quick will be responsible for the area South of Hwy 169 and East of Marschall Road. ® Officers will open a case for each warning citation issued. ® Warnings will be handled as active cases with follow -up done at ten and thirty day intervals. ® Criminal and Civil remedies will be employed to ensure compliance. ® Officers will update the beat sergeant monthly on their progress. CITY OF SHAKOPEE MEMO POLICE DEPARTMENT ATE: 04 -12 -02 TO: Chief Hughes FROM: Sgt. John Flynn SUBJECT: Code Enforcement — Beat 4 Code enforcement in Beat 4 will be accomplished with the following plan: • Beat 4 will be divided into three sections with an officer assigned to each section. • North Section: East of CR 17 and North of CR 169 = Officer Kegley • Central Section: South of 169 and North of CR 16, East of CR 83 = Officer Gulden • South Section: East of CR 83 and South of CR 16 = Officer Crocker • A case will opened for each code enforcement violation. • Cases will be reviewed at 10 and 30 day intervals. • Both Criminal and Civil remedies will be used. • Beat officers will be aware that code enforcement will be a normal part of their enforcement duties. Pubic Works has been provided with an SPD Beat map. Public Works employees will assist in advising Beat Sergeants of problem areas. Sgt. John Flynn JF:pm CITY OF SHAKOPEE 04SW DATE: 04 -12 -02 TO: Chief Hughes FROM: Sgt. Dellwo (F SUBJECT: Code Enforcement Civil Remedies All four beats have adopted similar plans to enforce code violations within the City. We are currently issuing warning tickets with set periods of time for compliance. If the owner /occupant fails to comply, they are issued a citation for the code violation and given a court date. It is becoming apparent that not all property owner /occupants will comply even after being issued a citation. In my last enforcement update, I described the scenario at 1732 Marschall Road. The property resident there has told his neighbors that the City cannot do anything to him about the state of his yard because he considers himself to be living in the rural part of Shakopee. The City Ordinances in some cases allow for civil remedies in conjunction with the criminal penalties. Ordinance 10.05, Unlawful Deposit of Litter, has Subd. 8 that empowers the City Administrator, or his designee, to order the removal of litter prohibited by the section from a property with the cost ultimately certified to the property taxes should the owner fail to voluntarily pay them. Ordinance 10.73, Grass or Weeds on Private Property, has Subd. 2 that empowers the City Administrator to cause such weeds or grass in violation to be cut and the expenses incurred shall be placed in a lien upon the property. I am in the process of updating Chapter 10 of the City Ordinances and requested James Thomson to draft language for the ordinance amendment that would allow the City to specifically remove items in violation of Ordinance 10.74; " Junk Cars, Furniture, Household Furnishings and Appliances Stored on Public or Private Property ". I cannot recall a time in recent history that we actually utilized the civil remedies I have outlined. My question is whether the City is willing to stand behind the code enforcement efforts and support the decision to actually start correcting these violations ourselves if the property owners refuse, and ultimately pass the expenses incurred onto the property owners. have little doubt that once we have begun using the civil remedies allowed under City Ordinance, the City Council meetings will have a few unhappy citizens. Before we actually begin, I want to make sure everyone involved on the City level is aware and in support of the plan. 2 I' i r Mem TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland,-Finance Director SUBJ: Conservation Easement DATE: March 19, 1997 Introduction and Background Council previously authorized pursuing funds for placing land north of Memorial Park into a conservation easement with the Scott Soil Water Conservation District and the U.S. Fish and Wildlife Service. The City has received a draft easement from the Scott Soil and Water Conservation District and a copy is attached. The City will receive $48,795.67 for an easement on 37.8 acres. The City Attorney has reviewed the easement document with the comment that the signature block needs to be changed to reflect Mayor, Clerk and Administrator. Recommendation Proceed with easement. Action Move to authorize proper city officials to execute a conservation easement as proposed with the Scott Soil and Water Conservation District for 38.7 acres north of Memorial Park in exchange for $48,795.67. V Gregg V xland Finance Director is \finance \docs \gregg \rim3 GRANT OF CONSERVATION EASEMENT AND COVENANTS This GRANT OF CONSERVATION EASEMENT and these COVENANTS are made by City of Shakopee, residing at 129 Holmes Street South, Shakopee, MN. 55379 (hereinafter referred to - as the "Grantors ") to the Scott Soil and Water Conservation District (hereinafter referred to as "Grantee "). WITNESS THAT: WHEREAS, the Grantors are the owners in fee of certain real property located in -the County of Scott, in the State of Minnesota, -described more particularly as follows, and referred to herein as the "Riparian Land Preserve ". Legal Attached This Conservation Easement covers only that portion of the parcel delineated as the "Riparian Land Preserve" identified on Exhibit "A ", which is attached hereto and incorporated herein. The Conservation Easement area consists of a total of 38.7 acres. The legal description may be refined, expanded or reduced as a result of examination of the abstract or title insurance documents, -or as the result of other legal or technical requirements. The Grantor will be responsible for obtaining all necessary signatures to convey the Conservation Easement to the Grantee. WHEREAS, the Grantors desire and intend that the natural elements and the ecological and aesthetic values of the Riparian Land Preserve be maintained and improved in accordance with the terms and conditions of this Conservation Easement and these Covenants; and WHEREAS, the Grantors and Grantee both desire, intend and have the common purpose of conserving and preserving in perpetuity -the Riparian Land Preserve in a relatively natural condition by placing restrictions on the use of the Riparian Land Preserve and by transferring from the Grantors to the Grantee, by the creation of a. Conservation Easement on, over and across the Riparian Land Preserve affirmative rights to ensure the preservation of the natural elements and values of the Riparian Land Preserve and WHEREAS, the Grantors have received valuable consideration for the granting of this Conservation Easement and the making of these Covenants. NOW THEREFORE, the Grantors, for valuable consideration received, do hereby give, grant, bargain and convey to the Grantee, its successors and assigns, forever, a Conservation Easement in perpetuity over the Riparian Land Preserve consisting of the following: a. The right of the Grantee to enforce by proceedings at law or in equity the Covenants hereinafter set forth. The right shall include but not be limited to, the right to bring an action in any court of competent jurisdiction to enforce the terms of this Conservation .Easement or these Covenants, to require the restoration of this property to its natural condition or to enjoin non - compliance by appropriate injunctive relief_. The Grantee not waive or forfeit the right to take action as may be necessary to ensure compliance with terms of this Conservation Easement and these Covenants by any prior failure to act. Nothing herein shall be construed to entitle the Grantee to institute any enforcement action against the Grantors for any changes to the Riparian Land Preserve due to causes beyond the Grantors' control and without the Grantor's fault or negligence (such as changes caused by fire, flood, civil or military authorities undertaking emergency action or unauthorized wrongful acts of third parties). b. The right of the Grantee, its contractors, agents and invitees, to enter the Riparian Land Preserve, in a reasonable manner and at reasonable times, for the purpose of inspecting the Riparian Land Preserve to determine if the Grantors are complying with the Covenants and purposes of this grant, and further to observe, study, record and make scientific studies and educational observations. C. The right to install, operate and maintain water control structures for the purpose of protecting, re- establishing and enhancing wetlands and their functional values. This includes the right to transport construction materials to and from the site of any existing or proposed water control structure. d. The right to establish or re- establish vegetation through seeding or plantings. e. The right to manipulate vegetation, topography and hydrology on the Riparian Land Preserve through diking, pumping, water management, excavating, burning, cutting, pesticide application and other suitable methods for the purpose of protecting and enhancing wetlands and wetland vegetation. AND IN FURTHERANCE of the foregoing affirmative rights, the Grantor's make the following covenants on behalf of themselves and their heirs, successors and assigns, which covenants shall run with and bind the Riparian Land Preserve in perpetuity: COVENANTS a. USES. There shall be no commercial or industrial activity undertaken or allowed except that the Grantors may install and maintain trails within the Riparian Land Preserve for activities including, but not limited to, recreational hiking, biking, cross- country skiing, hunting and fishing in accordance with the specific restrictions set out below. b. BUILDINGS AND STRUCTURES. There shall be no buildings, dwellings, barns, roads, advertising signs, billboards or other structures built or placed in the Riparian Land Preserve. C. TOPOGRAPHY. There shall be no dredging, filling, excavating, mining, drilling or removal of any topsoil, sand, gravel, rock, minerals or other materials. There shall be no plowing, disking or any other activity that would alter the topography of the Riparian Land Preserve. this paragraph shall not be construed as- preventing the authorized agricultural activities specified in paragraph f. d. DUMPING /DISPOSAL. There shall be no dumping of trash, ashes, garbage or other unsightly or offensive material, especially including any hazardous or toxic waste. e. WATER. The hydrology of the Riparian Land Preserve will not be altered in any way or by any means including pumping, draining, diking, impounding or diverting surface or ground water into or out of the Riparian Land Preserve. f. AGRICULTURAL USES. No plowing, tilling, cultivating, planting or other agricultural activities may take place within the Riparian Land Preserve. No haying for or grazing of domestic livestock may take place within the Riparian Land Preserve. g. NOXIOUS WEEDS. The Grantors are responsible for compliance with all federal, state and local laws governing the control of noxious weeds within the Riparian Land Preserve. lr. MOTORIZED VEHICLE. There shall be no operation of any motorized vehicle or equipment within the Riparian Land -- Preserve except in conjunction with the authorized activities set forth in paragraph a. and f. above- i. VEGETATION. Except in conjunction with the authorized uses set forth in paragraph a. and g. above, there shall be no removal, cutting, mowing or alteration of any vegetation or change_ in the natural habitat in any manner. RESERVE RIGHTS The Grantors and their invitees may hunt and fish in the Riparian Land Preserve so long as they comply with all Federal, State and local game and fishery regulations. Nothing herein shall be construed as limiting the right of the Grantors to sell, give or otherwise convey the Riparian Land Preserve, or any portion or portions thereof, provided that the conveyance is subject to the terms of this Conservation Easement and these Covenants. GENERAL PROVISIONS The total obligation of the Grantee for all compensation and reimbursement to the Grantor under this Conservation Easement shall not exceed the total amounts shown below. Any changes thereto shall be agreed to by the Grantee and Grantor prior to executing the Conservation Easement- The '(-'onservatiorl Easement payment shall be made by the Grantee as follows: A Conservation Easement Total Payment of $48,795.67 shall be paid to the Grantor upon recording and final acceptance of the Conservation Easement by the Grantee and certification that all cropping or grazing authorized under this Conservation Easement has terminated. This Conservation Easement and these Covenants shall run with the burden the Riparian Land Preserve in perpetuity atici ,hall bind the Grantors and their heirs, successors and assigns. This Conservation Easement and these Covenants are fully valid and enforceable by any assignee of the Grantee, whether assigned in whole or in part. The Grantors hereby warrant and represent that the Grantors are seized of the Riparian Land Preserve in: fee simple and have good right to grant and convey this -- Conservation Easement and make these Covenants, that the Riparian Land Preserv�p is free of all encumbrances, and that the Grantee and Its successors and assigns shall have the use and enjoyment of all of the benefits derived from and arising out of this Conservation Easement and these Covenants. The Grantors agree to pay any and all real property t and assessments levied by competent authority on the Riparian Land Preserve. -- The Grantors agree that the terms, conditions, covenants and restrictions set forth in this instrument will be inserted in any subsequent conveyance of any interest in said property. The Grantors agree to notify the Grantee of any siich conveyance in writing and by certified mail within 15 days after the conveyance. The Grantee may assign or transfer this Conservation Easement and the rights and Covenants contained herein to any Federal or state agency or private conservation organization for management.and enforcement. The terms "Grantors" and "Grantee" as used herein shall be deemed to include, respectively, the Graritors and their heirs, successors, personal representatives, executors and assign,, and the Grantee and its successors and assigns. 'rO HAVE AND TO HOLD the above described Conservation Easement and Covenants together with all the appurtenances, rights and privileges belonging thereto, either in law or (-gti.it.y, for the proper use and benefit of the Grantee and .07.s successors and assigns, forever. 5lr V 1 B Z�W`..M HAR45 -97 WED 13 :54 thence, at an azimuth of 044.1', a distance of 423 feet to Angle point 13; thence, at an azimuth of 068.5 a distance of 185 feet:to Angle Point 14; thence, at an azimuth o£ 119.6 ° r a distance of 289 f eet to Angle Point. 15; thence, at an azimuth of 137.5 a distance of 426 feet to Angle Point 16; thence, at an approximate azimuth of 153.3 a distance of 865 feet, more or less, to Angle Point 17, located at Angle Point 2 of Parcel 2 of the WRP Easement; thence, at an azimuth of 154.8 a distance of 392 feet to Angle point 1, the Point of Beginning. Exoluding parcels 1 and 2 of the Wetland Reserve Program (WRP) conservation easement between the City of Shakopee and the Natural Resources Conservation Service, part of the US Department of Agriculture. (Attached) Said conservation easement contains 38.7 acres, more or less, with the basis of azimuth and distance being determined by a Precise Lightweight GPS Receiver (Rockwell PLGR). END OF DESCRIPTION CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Long Term Goals DATE: April 26, 2002 An extensive memo has been provided to you regarding observations on the short -term (18 -24 month) goals that were established at the March 12 workshop meeting. If time permits, the Council is asked to establish longer -term goals (perhaps 2 -5 years, and beyond 5 years), for the City. I have included the April, 1998 brainstorming concepts that a previous City Council generated. Mark McNeill City Administrator MM:th CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: March 12 Goal Setting Session DATE: March 8, 2002 Next Tuesday at 4:30, the City Council will meet to participate in the goal setting session. Mayor Mars and I have discussed this; there may be some staff present, but the focus of this goal setting session will be for the City Council. This is especially needed, in as much as three of you are new to your positions. From my notes, last time that the City Council participated in a goal setting session was in April, 1998. The "brainstorming" ideas that I have of that meeting follow — these were later ranked as to the top 6 priorities. Some of these may be of some benefit to you as you think about what you would like Shakopee /the City Council to be or do in the future: DNR trails along the riverfront, tying the downtown and Huber Park together. 2. Arts Center/Band Shell. 3. Increasing downtown vehicular and pedestrian traffic. 4. Rename County Road 69 and 101. 5. Build a nine -hole golf course. 6. New library in the downtown. 7. Dress -up First Avenue/First Avenue streetscape. Dress -up County Road 69 railroad overpass — "Welcome to Shakopee ". 9. Deal with land use planning with Louisville and Jackson Townships. 10. Clean -up used car lots along First Avenue; limit number of used car lots. 11. Create a Parks and Recreation Task Force, to determine and plan how to fund future park needs. 12. Plan a referendum for funding future park development. 13. Longer range funding plan for Capital Improvements Program. 14. Replace and upgrade playground equipment in older parks. 15. Change zoning to protect the downtown. 16. Recreate the Community Development Commission. 17. Publish a community newsletter. 18. Program for high quality industrial development. 19. Resist the land trust application of SMSC. 20. Create a historic preservation plan for the downtown. 21. Rebuild the Chaska trail bridge. 22. Noise abatement. 23 Do Vierling Drive sidewalks and trail completion and Marschall Road south of 10 1h 24. Create a tree ordinance, and designate a tree replacement fund, and minimum sod standard for new construction. 25. Create a web page for the City, with school and CVB links. ACTI ®N REQUIRED: Bill Mars asks that each of you come prepared with six goals that you would like to see implemented in Shakopee: 1. Two goals that should be attainable within the next 18 to 24 months. 2. Two goals that should be attainable in 2 to 5 years. 3. Two goals that should be "longer range ", taking more than 5 years to achieve. Following a comparison of the individual goals, these will be grouped together for similarity; those can then be prioritized, and a discussion may be held to determine what funding sources might be needed. The goal setting session may also discuss the challenges facing Shakopee, and the benefits of living here. We ask that you also come prepared to share your thoughts on those as well. Mark McNeill City Administrator MM:th