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February 06, 2001
TENTATIVE AGENDA February 6, 2001 Page —2- 15] 16] General Business A] Public Works and Engineering 1. Prior Lake Outlet Channel Feasibility Study Analysis — bring feasibility report B] Police and Fire 1. Request for Qualifications for Architectural Design Services for New Police Facility *2. Self Contained Breathing Apparatus C] Parks and Recreation 1. Facility Usage Agreement with Shakopee School District. D] Community Development * 1. Extension of Preliminary Plat Approval of Westridge Lake Estates *2. Amendment to the Final Plat for Maple Trail Estates 3 3 rd — Res. No. 5481 3. City Code Amendment Regarding Permits for Fences- tabled 1/16 E] Personnel * 1. Completion of Probation — Kristin Romeo *2. Completion of Probation —Kelly Schmitt *3. Hiring of Firefighters *4. Completion of Probation — Bridget Rettke 5. Authorize Filling Ice Arena Position *6. Amending the 2001 Part-time Pay Plan — Res. No. 5483 7. Request for Proposals for Compensation and Classification Study F] General Administration: *1. Nominations to Boards and Commissions *2. Temporary Liquor Licenses — Church of St_ Mary *3. Temporary Liquor Licenses — Church of St. Mark *4. Application for Tattoo License — Joshua Arment 5. Set Date for Council Workshop 6. Youth Building Repairs *7. Special Assessment Abatement 8. Murphy's Landing Fire Discussion Council Concerns 17] Other Business 18] Recess for an executive session to discuss labor negotiations — Police Sergeants 19] Re- convene 20] Adjourn to Tuesday, February 20, 2001 at 8 :00 p.m. (after the polls close for the school referendum) TENTATIVE AGENDA February 6, 2001 Page —2- 15] General Business A] Public Works and En9ineerinZ 1. Prior Lake Outlet Channel Feasibility Study Analysis — bring feasibility report B] Police and Fire 1. Request for Qualifications for Architectural Design Services for New Police Facility *2. Self Contained Breathing Apparatus C] Parks and Recreation 1. Facility Usage Agreement with Shakopee School District. D] Community Development *1. Extension of Preliminary Plat Approval of Westridge Lake Estates *2. Amendment to the Final Plat for Maple Trail Estates 3 rd — Res. No. 5481 3. City Code Amendment Regarding Permits for Fences — tabled 1/16 E] Personnel * 1. Completion of Probation — Kristin Romeo *2. Completion of Probation — Kelly Schmitt *3. Hiring of Firefighters *4. Completion of Probation — Bridget Rettke 5. Authorize Filling Ice Arena Position *6. Amending the 2001 Part-time Pay Plan — Res. No. 5483 7. Request for Proposals for Compensation and Classification Study F] General Administration: * 1. Nominations to Boards and Commissions *2. Temporary Liquor Licenses — Church of St. Mary *3. Temporary Liquor Licenses — Church of St. Mark *4. Application for Tattoo License — Joshua Arment 5. Set Date for Council Workshop 6. Youth Building Repairs *7. Special Assessment Abatement 8. Murphy's Landing Fire Discussion 16] Council Concerns 17] Other Business 181 Recess for an executive session to discuss labor negotiations — Police Sergeants 191 Re- convene 20] Adjourn to Tuesday, February 20, 2001 at 8 :00 p.m. (after the polls close for the school referendum) ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY • SHAKOPEE, MINNESOTA Regular Meeting 1. Roll Call at 7:00 p.m. 2. Approval of the Agenda February 6, 2001 3. Approval of Consent Business - (All items noted by an 4 are anticipated to be routine. After a discussion by the President, there will be an opportunity for members of the EDA to remove items from the consent agenda for individual discussion. Those items removed will be considered in their normal sequence on the agenda. Those items remaining on the consent agenda will otherwise not be individually discussed and will be enacted in one motion.) A.) 4 Approval of Minutes: t,)o p 4. Financial A.) 4 Approval of Bills 5. Small Cities Development Program A.) Update 6. Other Business: 7. Adj ourn cdaaenda.doc OFFICIAL • 1 1 OF : f ECONOMIC DEVELOPMENT : • SHAKOPEE, MINNESOTA November II1 Members Present: President Amundson, Morke, Sweeney, Link, Brekke Members Absent: None Staff Present: Mark McNeill, City Administrator; Bruce Loney, Public Works Director; Judith S. Cox, City Clerk; R. Michael Leek, Community Development Director; Tim Thomson, City Attorney; Gregg Voxland, Finance Director; Tracy Coenen, Management Assistant I. Roll Call President Amundson called the meeting to order at 11:08 p.m. Roll call was taken as noted above. Approval of Agenda Sweeney/Morke move to approved the agenda. Motion carried unanimously. Consent Agenda Sweeney/Link moved to approve the Consent Agenda as presented. Motion carried unanimously. A.) Approval of Minutes of September 5, 2000 Sweeney/Link moved to approve the September 5, 2000 meeting minutes. (Motion carried under the Consent Agenda.) Financial A.) Approval of the Bills Sweeney/Link moved to approve the bills in the amount of $410.06 for the period 10/13/2000 to 11/02/2000, and $39.90 for the period 9/29/2000 to 10/12/2000. (Motion carried under the Consent Agenda.) V. Small Cities Development Program — Update A memo from Paul Snook provided an updating on the Small Cities Development Program, provided by the Carver County HRA. Informational Items A. Downtown Development Workshop Commissioner Brekke suggested this item be brought back to the next meeting of the EDA for discussion and then more information will be available. Sweeney/Brekke moved to table the downtown development workshop discussion until the EDA meeting of November 21, 2000. Motion carried unanimously. Other Business There was no other business. Official Proceedings of the Shakopee Economic Development Authority November 6, 2000 Page —2- Aiournment Sweeney/Morke moved to adjourn the meeting to November 21, 2000. Motion carried unanimously. The meeting adjourned at 11:30 p.m. Motion carried unanimously. 7 ith S. Cox A Secretary Carole Hedlund Recording Secretary m CITY OF SHAKOPEE CONS2,NT ?11r-----.----7 ----- TO: President & Commissioners Mark H. McNeill, Executive Director FROM: Gregg Voxland, Finance Director SUBJ: EDA Bill List DATE: February 1, 2001 Introduction Below is a listing of bills for the EDA for the period 12/29/2000 to 2/01/2001. Action Requested Move to approve bills in the amount of $87.14 for the EDA General Fund (0191). Check Date Check Number Vendor Description Amount 1/04/2001 68191 Nat'l Admin Ser Benefits $21.42 1/10/2001 67911 Qwest Telephone $28.53 2/01/2001 68322 Qwest Telephone $15.77 2/01/2001 68363 Nat'l Insurance Insurance $21.42 Total- $87.14 CITY OF SHAKOPEE Memorandum TO: Economic Development Authority FROM: Paul Snook, Economic Development Coordinator SUBJECT: Small Cities Development Program - update MEETING DATE: February 6, 2000 Enclosed is the January 2001 update on the Small Cities Development Program (SCDP) from the Carver County HRA. In summary, the HRA reports the following application activity: Applications Applications % of Requested/ Mailed in Process or Completed Unit Goal Single Family Owner- Occupied Residential (goal. 30 units) Rental Residential (goal: 30 units) Commercial (goal. 15 units) TOTAL 50+ 16 53% 13 6 (15 units) 50% 13 7 47% 76 29 Note: The numbers in parentheses next to the property types listed above indicate the "rehabbed property unit goals" by property type for Shakopee's SCDP program, set by the Minnesota Department of Trade and Economic Development. Feb 02 01 08:45a CRRVER COUNTY HRR 952 448 6506 Small Cities Shakopee Rehab � Mr S7'ngle-Fa mlly Rehabilitati On Prof e c t The grant is a 0% interest, 1 0-year deferred loan. If the homeowner stays in the home for 10 years, they will not have to pay the loan back- The loan is forgiven on a pro-rated basis of 10% per year. For example, if the homeowner moves out 3 years later they would be responsible for paying back to the City 70% of what they borrowed. After their application has been approved, Dave Schaffer, the HRA:s Rehab Advisor, will schedule an appointment to inspect the home to determine what improvements ran be done. Dave will draw up a work write-up for the homeowner to submit to contractors. It is the responsibility of the homeowner select the contractor(s). I M Summary Sheet 02107101 Feb • 01 09:4Ga CRRVER COUNTY HRR 952 448 G50G P-1 The number of inquiries has dramatically slowed due to the onslaught of Winter- Carver County HRA sees this trend with all of the rehab programs we administer. Everyone in the target area received two mailings about the program- We will b�; exploring additional marketing options for early Spring with the city for early spring. Amount Funded $369,000.00 Amount Committed $151.834-60 (closed on their loans) Amount Allocated S 7 'Q.475-0() (have been approved) - Balance Remaining $137,69 Ar) 1 71 ' L.L icants that have closed 9=117 HIMP�11 Mlarket Value of the P $101 Rental Rehabilitation Recap on the erogram . - =P- An ren al owner maj ajjlj Ioj &* r9lf 2 N , - Summary Shtzet 021o2/01 Feb 02 01 03:46a CRRVER COUNTY HRR 352 449 6506 P.2 After their application has been approvecl, Bill Schwanke, the HRA's Rehab Advisor, will schedule an appointment to inspect the rental property to determi what improvements should be incorporated into the scope of work- Bill will dra • a work write-up for the homeowner to submit to contractors, It is the responsibility of the homeowner to select the contractor(s). After reasonable bids have been attained, the Property owner will schedule a time to close on the loan with the HRA. The HRA will make the necessary payments to the contractor(s), after Bill Schwanke has inspected the work- The HRA will then submit a draw request to the City (to submit to DTED) for reimbursement Summary Sheet 02102101 OFFICIAL PROCEEDINGS THE r ADJ. REGULAR SESSION SHAKOPEE, MINNESOTA NOVEMBER 6,200t, The meeting was called to order at 7:00 p.m. with Council members Morke, Link, Amundson, Sweeney and Mayor Brekke present. Also present: Mark McNeill, City Administrator; Bruce Loney, Public Works Director; Judith S. Cox, City Clerk; R. Michael Leek, Community Development Director; Jim Thomson, City Attorney; Gregg Voxland, Finance Director; Tracy Coenen, Management Assistant; Dan Hughes, Police Chief, and Mark McQuillan, Natural Resource Director. A boy scout troop learning about citizenship and local government presented the colors and lead the pledge of allegiance. The following item was added to the Agenda. 15.C.5 Order a Feasibility Study for the Blue Lake Watershed Outlet Channel. Amundson/Link moved to approve the agenda as modified. Motion carried unanimously. There was no Mayor's report this evening due to the length of the Agenda. The following items were added to the Consent Agenda. 15.A.1 Hiawatha Park Shelter Change Order No. 2, 15.A.2. Hiring Consultant for Southbridge/Dean Lake Park Master Plan, 15.C.5 Order a Feasibility Study for the Blue Lake Watershed Outlet Channel, 151.9 Employee Health Insurance. The following item was removed from the Consent Agenda, 15.F.5 Condemnation of Wampach Property in Block 32. Sweeney/Morke moved to approve the Consent Agenda as modified. Motion carried unanimously. Mayor Brekke asked if there were any citizens present in the audience who wished to address any item not on the agenda. There was no response. Sweeney/Morke moved to approve the meeting minutes for August 24, August 29, and September 5, 2000. (Motion carried under the Consent Agenda) Sweeney/Morke moved to approve the bills in the amount of $297,299.80 plus $271,478.19 for refunds, returns and pass through for a total of $ 568,777.99. (Motion carried under the Consent Agenda.) Mayor Brekke opened the public hearing on the proposed assessments for improvements to Vierling Drive from Fuller Street to the west plat boundary line of Orchard Park West, project No. 1998 -3. Official Proceedings of the November 6, 2000 Shakopee City Council Page 2 Bruce Loney, Public Works Director, gave the staff report on the proposed assessments for improvements to Vierling Drive from Fuller Street to the west plat boundary line of Orchard Park West, Project No.1998 -3. This is a 429 project. The project has been completed and the final costs are $463,224. Included in the cost is $376,805 for assessments. This figure includes Shakopee Public Utilities Trunk watermain over sizing in the amount of $14,608. The City cost for street over sizing and bituminous trails as per City policy, which includes over sizing of right - of -way and trail costs, is $71,810. The projects improvements included; street, sanitary sewer, watermain, storm sewer, curb and gutter, bituminous pavement, concrete sidewalk, bituminous trail and restoration work. This project took about two years to complete. There have been several calls from residents regarding the assessments and there are several letters of appeal of the assessments. Three letters appealing the assessments were received from: Debra L. Priebe, 1513 McIntosh Circle, Shakopee, Cynthia E. Strawman, 1517 McIntosh Circle, Shakopee and Jon Tolzmann, 1510 McIntosh Circle, Shakopee, parcel number 27- 266019 -0. City policy was followed; there were pending assessments on this area when homes were purchased. We do have a letter of credit security for 25 percent from the developer on this project. The engineering/administrative costs were quite high on this project. Because this was a collector street, metric measurements were required and this was some of the engineering/administration costs. The engineering/administrative costs are about 45 -46 percent of the cost of the project. Much of the project was done in house. The land acquisition costs for right -of -way were much higher than anticipated in the feasibility study, the actual construction costs, however, were in line with the feasibility study. The Trunk Watermain charges were not included because we have a resolution with Shakopee Public Utilities in which they can choose to have the trunk watermain charges assessed or they can collect them from the developer. In this case they have chosen to have the Trunk Watermain charges assessed. That is another $39,000 cost. Because this project was two years until completion, there were many interest charges accrued on the loan. It was decided that the engineering/ administration costs would be reduced by $7,500. Mayor Brekke stated that this is a public hearing and asked if anyone from the audience would like to discuss this issue. Gary Laurent, Laurent Land Development, Inc., approached the podium. He had a couple of items in the assessment that caused him some concern. He reassured the residents of Orchard Park West that it was in the residents contract that the developer would pay the assessments for improvements to Vierling Drive from Fuller Street to the west plat boundary line of Orchard Park West, Project No.1998 -3. The feasibility report states that the developer will be assessed $276,000 and the assessment rolls say that the developer will be assessed $376,000. $40,000 of this discrepancy is the Trunk Watermain assessment, I understand that but, there still is a discrepancy of approximately $60,000 that we need to talk about. There was a piece of property that we bought and these pending assessments were approximately $53,000 as recognized by the assessment search. The assessment roll shows the assessments at $68,000. These numbers cause me some concern. Mayor Brekke asked Mr. Laurent if he was willing to sit down with staff and negotiate a mutually agreeable resolution to this matter? Mr. Laurent was agreeable to this suggestion. Official Proceedings of the Shakopee City Council November 6, 2000 Page 3 Mayor Brekke stated that this is a public hearing and asked if anyone else from the audience would like to discuss this issue. Jane DuBois, 1305 6` Avenue, approached the podium and asked the Council if any of the homeowners were responsible for any of the assessments on their property. Mayor Brekke said the developer tonight stated publicly that he was responsible for the assessments on all of the property. Mayor Brekke asked if anyone else from the audience would like to discuss this issue. There was no response. Mayor Brekke declared the public hearing closed. Mayor Brekke felt there needed to be some discussion between staff and the developer to negotiate a fair solution for the assessments. Bruce Loney suggested that the proposed assessments for improvements to Vierling Drive from Fuller Street to the west plat boundary line of Orchard Park West, be tabled and a new Resolution be brought back before the City Council. Some Council direction was also requested. Cncl_ Link felt the $6,045 accounting error and the $15,000 in engineering costs was acceptable to subtract from the assessment but the developer should accept the rest of the assessment because this was a 429 project. Cncl. Morke felt this needed to go back to staff and staff needed to come back with a new Resolution. Cncl. Sweeney did have a problem with the land acquisition cost. The City actually paid for a small piece of the property that was needed for the development to take place. Gary Laurent, developer, approached the podium and said he had preferred to do the project himself, but in this case, the City wanted to do this project as a 429 project because of the possibility of a state aid road. Morke /Sweeney moved to table Resolution 5438, a Resolution adopting assessments for Vierling Drive, from Fuller Street to the West Plat Boundary Line of Orchard Park West, Project No. 1998 -3. Motion carried unanimously. Mayor Brekke opened the public hearing on the proposed assessments for improvements to Sarazin Street from St_ Francis Avenue to 800 Feet South of St. Francis Avenue, 1999 -3. Bruce Loney gave the staff report_ He reported this project came in under the feasibility report costs. This was a project that was to extend Sarazin Street from St. Francis Avenue to 800 feet south to just past Mooers Avenue. This is a collector street in which a watermain, storm sewer, concrete curb and gutter, bituminous trail concrete sidewalk and restoration work was included. Official Proceedings of the November 6, 2000 Shakopee City Council Page 4 The City cost was $26,900 in which the City participated in the oversizing of street including right -of -way and bituminous trail. Shakopee Public Utilities had about $2,500.00 in trunk watermain oversizing and $130,800 was assessed to the property. Mayor Brekke stated that this is a public hearing and asked if anyone from the audience would like to discuss this issue. Dan Liebl, 2044 St. Francis, felt this should be a developer charge, also. Bruce Loney said this was the developer's responsibility and most likely there was money in escrow for these assessments. Mayor Brekke asked if anyone else from the audience would like to discuss this issue. There was no response. Mayor Brekke declared the public hearing closed. Sweeney/Morke offered Resolution No. 5439, a Resolution Adopting Assessments for Sarazin Street, from St. Francis Avenue to 800 Feet, Project No. 1999 -3, and moved its adoption. Motion carried unanimously. Mr. Leek reported on the proposed amendment to City Code Sec_ 11.54, Shoreland Overlay Zone. Work on this proposed amendment was directed by the City Council back in November 1999. The Planning Commission opened a public hearing on the Shoreland Overlay Zone in December 1999. The proposed amendment was tabled because an AUAR was being done on the area; it was believed that perhaps the AUAR would shed some light on this impact zone. The Minnesota Department of Natural Resources did comment that the west side of Dean Lake should be held to a 150' shore impact zone, however, the Mn DNR did not comment that the shore impact zone should be 300 feet as originally directed by the Council in November of 1999. The AUAR was adopted with changes September 15, 2000. The Planning Commission took up the revisions of the Shoreland Overlay Zone regulations on September 21, 2000, The Planning Commission recommended at the end of the September 21, 2000 meeting that there be no changes made to the Shoreland Ordinance_ As a part of the follow -up of the Planning Commission meeting on September 21, 2000, staff was asked to return with proposed definitions for water - oriented and non -water oriented uses. The Planning Commission thought perhaps these definitions would help in determining if the impact zone should be 75', 150' or 300' feet. Michael Leek sought help with these definitions from Pat Lynch with the Minnesota DNR. When these definitions were presented to the Planning Commission, they opted to recommend to the City Council that the Shoreland Ordinance be amended to reflect these definitions_ Ordinance 586, the ordinance amending the City Code, sec. 11.54, Shoreland Overlay Zone, contains this language. When the Planning Commission considered this language amendment, they also took testimony in which some Dean Lake residents requested further amendments to the Shoreland Ordinance. Mayor Brekke asked if the Planning Commission took any action on the other changes requested by the Dean Lake Residents. Michael Leek responded in the negative to this. The Planning Commission did not recommend that the City Council amend the Shoreland Ordinance other than Official Proceedings of the November 6, 2000 Shakopee City Council Page 5 using the language for `water oriented' uses and `non -water oriented' uses. Cncl. Morke asked Michael Leek if the DNR was aware that they could comment on the 300' shoreland impact zone. Michael Leek stated that he was sure Pat Lynch of the DNR was aware of the 300' foot Shoreland directive from the City Council and that if Pat Lynch wished he could have commented on the 300' footage. Mayor Brekke asked if there was anyone in the audience who wished to address the Council on the proposed amendment to the Shoreland Overlay Zone. Kathy Gerlach, 4855 Eagle Creek Boulevard, approached the podium and stated she felt the DNR did not continent regarding the 300 feet because they were just asked to comment on the Valley Green AUAR based on the current ordinance. She wanted some language put in the ordinance that would assure her that putting in a canoe dock behind an office building would not let this office building become a `water oriented' use. Michael Leek addressed this request of Ms. Gerlach. He thought that the language, intrinsic element of the land use, should cover this perceived problem seen by Ms. Gerlach. Dave Cza 5262 Eagle Creek Boulevard, approached the podium and asked if Ordinance No. 586 were adopted, how would it affect the AUAR and what we have at Dean's Lake now? Michael Leek approached the podium and addressed Dave Czaja's questions. Michael Leek stated that the AUAR would not be affected if the ordinance 586 were adopted. If Ordinance 586 was adopted it would not speak to the requirements of additional plantings in the Dean Lake area. Sweeney /Amundson offered Ordinance No. 586, Fourth Series, An Ordinance Of The City of Shakopee, Minnesota, Amending City Code Sec. 11.54, Shoreland Overlay Zone, By Adding New Definitions Under Subd. 2, General Provisions and Definitions, and moved its adoption. Cncl. Amundson asked if this was the only natural body of water within the City of Shakopee. Cncl. Sweeney answered O'Dowd Lake was also a natural body of water within the City of Shakopee. Motion carried unanimously. Michael Leek reported on the Text Amendment to City Code Requiring Trees and Sod for Single - Family Detached Housing. He stated that sometime back, Council did direct staff to come forward with a proposal that amended the City's Zoning Chapter to require that two -trees be planted in the front yard and as well as sod be placed in the front yard and possible sod or seeding of rear and side yards. The Single- Family residential use has never been addressed in the City Code. On October 19, 2000 the Planning Commission held a public hearing on proposed language that would have required two trees and sod in the front yard and seeding in the side and rear yards. The Planning Commission did propose some changes to the proposal that staff brought to them. Those changes are incorporated into Ordinance No. 582, the ordinance Official Proceedings of the November 6, 2000 Shakopee City Council Page 6 regarding two -trees and sod and seeding. The changes are in the number of trees to be place in the front yard and the type of trees to be planted. The Planning Commission did recommend approval with these changes. Cncl. Link asked how would this be accomplished. He wanted to add the requirement to Ordinance No. 582 that 4 inches of topsoil be required and he wanted this topsoil inspected. Michael Leek thought this would be appropriate in this area of the Code. Mayor Brekke suggested that coniferous trees be added and a requirement of 4 inches of topsoil be added and then this amendment be brought back next month. Sweeney /Amundson moved to table the proposed Text Amendment to Ordinance No. 582 amending City Code Sec. 11.60, to Require Trees and Sod be required in the front yard and seeding be required in the side and rear yards. Motion carried unanimously. Mayor Brekke stated that rezoning requests required four affirmative votes to pass (Super Majority). Michael Leek reported on the rezoning of property from Agricultural Preservation (AG) to Planned Residential District (PRD) for Property East of 17 Avenue extended and South of Hwy 169 — Ordinance No_ 584. This application is for 20 acres, which includes a small parcel that at this time is not in MUSA. This MUSA issue has been addressed elsewhere. This area has been before the Planning Commission already for a concept review. On the adopted 1995 Comprehensive Plan this area is guided for single- family density residential_ There has been a reguiding in the draft Comprehensive Plan that is in the process of being approved. This re- guiding is Planned Residential District. The land in question is now guided as a Planned Residential District and this reguiding was submitted for approval to the Met Council at the end of 1999. The Planning Commission held a public hearing on this request on October 19, 2000 and recommended approval of this request to the City Council. One of the questions that has arisen is: how this rezoning request should be handled with the existing 1995 Comprehensive Plan and the proposed Comprehensive Plan Update being reviewed at the Met Council now. This has been discussed with the City Attorney and he suggests four options: 1. Table the rezoning with the approval of the application until the process of updating the Comprehensive Plan is completed. 2. Approve the rezoning but direct that the ordinance establishing the rezoning not be published until the Comprehensive Plan Amendment is finally adopted. 3. Approve the rezoning but impose a condition that any development has to be consistent with the density for the underlying Comprehensive Plan designation. 4. Deny the application in its entirety. Staff is suggesting that only the part in MUSA be rezoned at this time if the Council chooses and have staff bring back a resolution that addresses the 1.4 acres that is not in MUSA at this time. Cncl. Morke wanted to be consistent with the Comprehensive Plan. Cncl. Link wanted to see the plan first and then do the rezoning. Official Proceedings of the November 6, 2000 Shakopee City Council Page 7 Steve Ach, Centex Homes, approached the podium and addressed the Council. Centex Homes would like to see action tonight on the rezoning. He did have a concern in delaying this rezoning until the Comp Plan Update was approved. The PUD does require a concept plan. The additional land of Mr. Hauer's is only partially in MUSA. Centex Homes would like to be able to do some of the infrastructure. Mayor Brekke stated he is comfortable in making a decision that is consistent with what the City of Shakopee wanted not what the Met Council wanted. Jim Thomson, City Attorney, pointed out that this proposed rezoning is consistent with the City's Proposed Comprehensive Plan Update. Cncl. Sweeney concurred with Cncl. Morke. Sweeney/Morke offered Ordinance No. 584, Fourth Series, An Ordinance of the City of Shakopee, Minnesota, amending the Zoning Map Adopted in City Code Sec. 11.03 by Rezoning Land Generally Located South of Highway 169, North of 17` Avenue Extended, and East of Dublin Lane from Agricultural Preservation (AG) to Planned Residential District (PRD), 18.6 acres in MUSA, and moved its adoption, with the publication of the Ordinance pending until the Comprehensive Plan amendment is approved by the Metropolitan Council. Steve Ach approached the podium and asked if the 1.4 acres was included in the motion. It was determined that the 1.4 acres was not included in the motion because it was not in the written copy of the ordinance_ Michael Leek stated that there would be some element of review of the site plan of Centex Homes for this area in any event. Steve Ach would like the process of the PRD spelled out more. Mayor Brekke asked Mr. Ach if he would be able to have a concept plan ready for the next Council meeting. Mr. Ach did not think so. Motion carried unanimously. Sweeney/Link moved that staff stay in contact with Centex Homes in the interest of seeing a complete concept plan for the completed project. Motion carried unanimously. Mayor Brekke directed staff to bring the concept plans of other PRD's before the Council. Jim Thompson suggested that action should be taken directing staff to prepare an Ordinance with respect to the 1.4 acres once MUSA is extended. Official Proceedings of the November 6, 2000 Shakopee City Council Page 8 Sweeney/Link moved to direct staff to prepare an Ordinance with the zoning change to the 1.4 acres once MUSA is extended to that area, and the Metropolitan Council approves the Comprehensive Plan Amendment. Motion carried unanimously. A recess was taken at 8 :40 p.m. The meeting reconvened at 8:50 p.m. The Tree Preservation Ordinance is part of the zoning ordinance and would require a 4/5 vote for passing. Mark McQuillan, Natural Resources Director, reported on the Tree Preservation Ordinance. At the September 19, 2000 City Council meeting the Council reviewed and then recommended sending the Tree Preservation Ordinance back to the Planning Commission for further review. The outcome of the October 5, 2000 Planning Commission meeting was a vote of 6 — 1 to forward the draft Tree Preservation Ordinance with the recommended changes. The Planning Commission also voted 4 -3 to recommend approval of the draft tree preservation ordinance to the City Council. The Planning Commission also voted 7 —0 to recommend to the City Council to have a Comprehensive Natural Resources Study /Inventory of Wetlands and Trees to determine what areas to protect. There is some verbiage in the final draft of the Tree Preservation Ordinance that can be cleaned up and many questions on the Tree Preservation itself. Questions such as: what do you want to preserve, how much do you want to preserve and how should further loss be mitigated during construction could be addressed at this time. This is what the Tree Preservation Ordinance is about. Michael Leek gave his thoughts on how and why the Planning Commission voted the way they did. He thought there were three areas in the ordinance that the Planning Commission was not satisfied with. They were: 1. taking cash to replace trees, 2. cost to the single- family residential resident, 3. is this the right or comprehensive enough approach or are there alternative types of mitigation. Mayor Brekke asked what did the City want to preserve with the Tree Preservation Ordinance. How does the Tree Preservation Ordinance preserve a tree? Mark McQuillan addressed the question Mayor Brekke asked. Mayor Brekke asked Michael Willard, Chair of the Planning Commission, if he had any comments he wanted to make regarding the Planning Commission vote on the proposed Tree Reservation Ordinance. Michael Willard approached the podium and stated this was not the document he/Planning Commission reviewed at the Planning Commission of September 19, 2000. There were a couple of items left out this time_ He felt a grievance procedure should be included in the Tree Preservation Ordinance. Mark McQuillan stated this draft needed to be reworked. Official Proceedings of the November 6, 2000 Shakopee City Council Page 9 Morke /Sweeney moved to table the draft of the proposed Tree Preservation Ordinance and refer it back to the Planning Commission once Mark McQuillan has reworked it. Motion carried unanimously. Sweeney/Morke moved to approve Change Order # 2 to construct an additional restroom in the new shelter building at Hiawatha Park at a cost not to exceed $4,700.00. (Motion carried under the Consent Agenda.) Sweeney/Morke moved to authorize the appropriate City officials to enter into an agreement with Brauer and Associates Inc. to develop a Parks Master Plan for Southbridge/Dean Lake area at a cost not to exceed $23,500.00 with the funding to be allocated from the Park Reserve Fund. (Motion carried under the Consent Agenda.) Sweeney/Morke offered Resolution No. 5435, A Resolution Of The City Of Shakopee, Minnesota, Approving The Final Plat Of Brittany Village 3 "' Addition, and moved it s adoption. (Motion carried under the Consent Agenda.) Sweeney/Morke offered Resolution No. 5436, A Resolution Of The City Of Shakopee, Minnesota, Approving the Final Plat of Maple Trails Estates 3Td Addition, and moved its adoption. (Motion carried under the Consent Agenda.) Sweeney/Morke offered Resolution No. 5437, A Resolution Of The City Of Shakopee, Minnesota, Electing To Continue Participating In The Local Housing Incentives Account Program Under the Metropolitan Livable Communities Act For Calendar Year 2001, and moved its adoption. (Motion carried under the Consent Agenda.) Sweeney/Morke moved to table- the request for variance for Lots 15 and 16, Block 1, South Park-view 2 " Addition_ (Motion carried under the Consent Agenda.) Sweeney/Morke offered Resolution No. 5441, A Resolution Adopting Voiding An Assessment And Adopting A New Assessment For Sarazin Street, Between 4` Avenue and County Road 16; Roundhouse Street, Between 4th Avenue and County Road 16, And 4`�' Avenue, Between Shawnee Trail And Sarazin Street, Project No. 1994- 10,P.I.D. No. 27- 906029 -0, and moved its adoption. (Motion carried under the Consent Agenda.) Bruce Loney gave the staff report on the Valley View Road Area Traffic Study. The intent is to present this to the City Council and property owners in the audience and then to ask for direction on how to proceed with connections to C. R. 17 in the area south of St_ Francis Ave. There are some unique situations to consider in this area. There was a feasibility study done for Sarazin Street South of St. Francis Avenue to Valley View Road. The County reviewed the City's Transportation Plan and feasibility study and commented that the existing C.R. 17 intersection with Valley View Road is not acceptable with future traffic volumes. Based on that the City constructed Sarazin Street 800 feet south until the City determined what could be done. WSB was authorized to do a study on the area. This area included County Road 79 to County Road 8- of 17` Avenue and north on C.R 78. There were 5 alternatives proposed. 1. Valley View Official Proceedings of the November 6, 2000 Shakopee City Council Page 10 Road as in the City's Transportation Plan and following the alignment of the existing Valley View Road crossing C.R. 17, [This is viewed as unacceptable by the County.] 2. Construct Valley View Road in a new alignment at approximately the Betaseed/St. Francis Hospital property line, [This needs further review per the County.] 3. Realign Valley View Road to Sarazin Street and then use St. Francis Avenue as the east -west collector to C.R. 17 that currently exists, 4. Valley View Road to Sarazin Street, curving to St. Francis Avenue, which would put more of an emphasis of traffic on St. Francis to the C.R_ 17 intersection. [The County has a problem with the spacing of the signals.] 5. Valley View Road to C.R. 78, which would be a new alignment through existing development and would be able to utilize the existing, signalized intersection at C.R. 78. [Council is on record against this proposal.] Chuck Rickert gave the traffic volumes that are forecasted for the future use of the 5 alternatives. The volume for alternative 1 was approximately 4000 cars per day on Valley View Road. St. Francis Avenue would have about 2,200 cars per day and 17` Avenue would have approximately 17,000 cars per day. This alternative was looked at but it was determined not be a good alternative. Alternative 2 traffic volumes would be approximately 4,200 cars per day on Valley View Road, and about 2,200 on St_ Francis Avenue. There would be a traffic signal in this intersection alternative. The existing Valley View Road would be disconnected and a cul -de -sac or some kind of access would be provided off the new Valley View Road. Alternative 3 would see volumes of traffic of approximately 2,800 cars per day on St. Francis Avenue, 3,100 cars on Sarazin Street and about 4,000 cars per day on Valley View Road_ Alternative 4 with this alternative there would be approximately 4,500 cars per day on St. Francis Avenue, about 2,800 cars per day on Sarazin Street. Alternative 5 this would provide the best true grid system but there are topography issues and residents that need to be considered. There would be approximately 3,800 cars per day on Valley View Road. It was recommended in our study to do a phased approach. Alternative 3 is recommended to be done in the first phase. This phase would go as far as making the connection around the curve on Valley View and then the second phase of the project would be making connection using alternative 2. This would give us evenly spaced intersections. A curve connection rather than a T connection in phase 2 is recommended_ Bruce Loney stated that there was an information meeting on October 10 for the residents of the area in question and the property owners along Valley View Road and the residents were informed that traffic would increase on their quiet streets. At the informational meeting the alternatives were explained and figures were given out to the residents and they were requested to send a letter stating what was their preferred alternative. Bruce Loney stated the County preferred alternative 2 but did have a concern about the spacing of future signals. Letters were received from Scott County Highway Department, Tom and Jill Baker, 2305 Promise Avenue, Shakopee; Ms. Joan Schultz, 2104 Valley View Road, Shakopee, St, Francis Regional Medical Center, Shakopee, St. Gertrude's Health Services, Shakopee; Friendshuh Companies, Shakopee, Park Nicollet Health Services, Shakopee, Betaseed, Inc. 1788 Marschall Road, Shakopee, Greg and Nancy Huth, 2095 Hillside Drive, Shakopee; and Melvin and Beth Fisher, 2155 Hillside Drive, Shakopee. Official Proceedings of the November 6, 2000 Shakopee City Council Page 11 Bruce Loney stated that he wanted direction from the Council if any alternatives could be eliminated. Bruce Loney commended Betaseed and St. Francis on hiring traffic engineers and doing a good review. St. Francis is opposed to alternative 4 but supports alternative 2 and Betaseed supports alternative 5, but a modified alternative 2 may be okay. Based on the comments received, Bruce Loney felt he should sit down with the County and find some common ground. See what they like about the letters of proposals and what they don't like. Ultimately the decision of the road connection to C. R. 17 is the County's. Then the City could have an informational meeting with the property owners and discuss with them what the County likes and then we could bring this all back to the City Council and County Board for some kind of approval. Mayor Brekke asked the Council if there was any need to investigate alternative 5 any further. The consensus of the Council was to remove alternative 5 from the table. Mayor Brekke reiterated the recommendations: 1. To review traffic study and provide staff direction on which alternatives the City Council believes are appropriate in this area. 2. Direct staff to meet with the County to discuss alternatives 2, 3 and 4 and then to prepare a plan for future roadway connections to CA. 17 and to conduct an informational meeting and public meeting with property owners on the future C.R. 17 connections and then make some final decisions. Mayor Brekke asked if there any comments from the audience on alternatives 2, 3 and 4. Tiffany Zitzewitz, St, Francis Regional Medical Center representing the partners of the South Valley Health Campus, approached the podium to communicate their interest. They are opposed to alternative 4 with the increase in traffic that it would create. They are relatively comfortable with alternative 3. They are also open to other alternatives. Ms. Joan Schultz, 2104 Valley View Road, approached the podium and stated she felt alternative 3 was the best. If alternative 3 was not possible then possibly alternative 4. Both of these alternatives will affect her property. She did have some concerns. Joe Dahmer, President of Betaseed, approached the podium and commented on the proposed alternatives. They wanted to work with their neighbors, City and County to come up with a plan that would be least disruptive to all and hopefully acceptable to all. Cncl. Link asked Bruce Loney if he would do a traffic study of the alternative that Beta Seed presented. Bruce Loney stated he would present this information to the County and the County has control of the access points on C.R. 17, the City with their traffic consultant has the opportunity to review the City streets to see if this will work for traffic circulation. Mayor Brekke asked for more public comments. Carole Cherney- Connickson, owns property in the area and her land will be affected by the results of the traffic study. She would appreciate being included in the meetings. She would request a Official Proceedings of the November 6, 2000 Shakopee City Council Page 12 zoning change for a higher density if any road went through her property. Mayor Brekke asked for more public comment. Sweeney/Morke moved to accept the traffic study as presented on Valley View Road that included the area of County Road 79 to County Road 83 south of 17` Avenue and north on C.R 78. Motion carried unanimously. Sweeney/Morke offered Resolution No. 5442, A Resolution Ordering The Preparation Of A Report On An Improvement To Sarazin Street, From Mooers Avenue To Valley Road And To Valley View Road From Sarazin Street To The East Plat Line of Pheasant Run 6` Addition, and moved its adoption_ Motion carried unanimously. Sweeney/Morke moved to authorize the appropriate City officials to execute an extension agreement with Bolton & Menk, Inc. for surveying work associated with the feasibility report. Motion carried unanimously. Sweeney/Morke offered Resolution No. 5443, A Resolution Declaring The Amount To Be Certified, Ordering The Preparation Of Proposed Assessments, And Setting the Public Hearing Date For Delinquent Garbage/Recycling Bills, and moved its adoption. (Motion carried under the Consent Agenda.) Sweeney/Morke moved to Order a Feasibility Study for the Blue Lake Watershed Outlet Channel. (Motion carried under the Consent Agenda.) Sweeney/Morke moved to remove the 2000 -2001 D.A.R.E. Educational Services Agreement between the City of Shakopee and the Shakopee School District # 720 from the table. (Motion carried under the Consent Agenda.) Sweeney/Morke moved to authorize the appropriate City officials to enter into the D.A.R.E. Educational Services agreement between Independent School District and the City of Shakopee for 2000 -2001 school year. (Motion carried under the Consent Agenda.) Sweeney/Morke moved to authorize the appropriate City officials to buy back the unused holiday hours from Jason Arras, Erron Balfanz, Matt Conway, Tom C. Crocker, Chris L. Dellwo, Bob Forberg, Kevin Gulden, Cody Horner, Clay Johnson, Dan Hughes, Clay Johnson, Lynn Lipinski, Bridget Rettke, Craig Robson, Molly Schrot, Jeff Tate, Greg Tucci and Angela Trutnau, as outlined in the October 27, 2000, memo from Chief Dan Hughes (CC Document No. 299). (Motion carried under the Consent Agenda) Sweeney/Morke moved to direct that the position of Deputy Police Chief be eligible for holiday buy back when a request has been made in writing by November I" of each calendar year, for any holiday time off earned, but not used by the Deputy Police Chief by December 31S` of any calendar year. (Motion carried under the Consent Agenda.) Official Proceedings of the November 6, 2000 Shakopee City Council Page 13 Sweeney/Morke moved to authorize the appropriate City officials to buy back 24 unused holiday hours from Deputy Chief Jerry Poole. (Motion carried under the Consent Agenda.) Sweeney/Morke moved to authorize the appropriate City staff to enter into a collaborative partnership agreement with Scott County and the Minnesota Department of Economic Security, Office of Youth Development for a Juvenile Accountability Incentive Block Grant (JAIBG). (Motion carried under the consent Agenda.) Sweeney/Morke moved to authorize the retention of Jacob Theisen, Eric Bender and Tom Nendick as Fire Fighters for the City of Shakopee as they have successfully completed their one - year probationary periods. (Motion carried under the Consent Agenda.) Sweeney/Morke moved to approve the fulltime regular status for Management Assistant Tracy Coenen with an increase to step 2 of Grade F, effective November 16, 2000. (Motion carried under the Consent Agenda.) Sweeney/Morke moved to approve a senior citizen deferment for parcel 27- 001290 -0, assessment code 81, retroactive to 11/3/93 contingent upon the receipt of an executed application. (Motion carried under the Consent Agenda.) Sweeney/Morke offered Resolution No. 5433, A Resolution Certifying Delinquent Storm Drainage Utility Bills For Collection on the Tax Rolls Payable 2001, and moved its adoption. (Motion carried under the Consent Agenda.) Tracy Coenen reported on the Garbage and Recycling Contract. Dick's Sanitation/Lakeville Sanitation was the successful proposer to the garbage RFP for a 5 -year contract for residential refuse, recycling and yard waste services. Staff feels Dick's Sanitation/Lakeville Sanitation should be awarded the contract. Dick's Sanitation will process the residential refuse at the Hennepin County processing facility, which the City will contract with for this purpose as opposed to hauling it to Iowa. The City has liability issues with hauling the refuse. City staff feels contracting with the Hennepin County processing facility is the best choice for the resident's of Shakopee. Staff realizes that billing has been problematic but to bring the billing back to City Hall, would cost the City approximately $32,150 per year for quarterly billing. Dick's billing cost for refuse and recycling would be approximately $25,200 for years 1 and 2; $26,640 for years 3 and 4 and $28,080 for year 5. These prices would be locked into the contract. The City, if this contract with Dick's Sanitation/Lakeville Sanitation is approved, will pursue a grant from Scott County for recycling containers. One of the conditions of the proposed contract with Dick's Sanitation is that the City will replace the recycling containers and the garbage bins. Dick's Sanitation has a high percentage of the townhouse refuse pick -up at this time and the town home element will be added as one of the areas that need to be picked up by the City refuse hauler in this contract_ There were ten proposals submitted to the City as a response to the RFP for a 5- year contract for residential refuse, recycling and yard waste services. More than just price needs to be taken into consideration in the City's recommendation. With Dick's Sanitation servicing the City, there would be no rate increase from the current contract. Currently the rate is $15.29 for a 60- gallon container, which is what most residents have. The breakdown of this $15.29 is $11.27 Official Proceedings of the November 6, 2000 Shakopee City Council Page 14 per 60- gallon container. $1.18 for the hauler to bill and $2.84 to have billing. For Dick's Sanitation to offer these same services in the year 2001 it would cost single - family residents $14.75 per 60- gallon container and the town home residents would realize a savings also. All City facilities are included in the contracted price along with a rebate program. This rebate program will be re- evaluated after one -year to see how effective it is. Direction from the Council is needed at this time so that Star can follow thru with a contract with Hennepin County to process Shakopee's refuse for a five -year contract in a timely manner. Gary Boyum, representing Waste Management, approached the podium and addressed the Council on the refuse collection. He laid out figures that showed Waste Management was less expensive than Dick's Sanitation and he felt Waste Management was the best bid. Dick Clemmer, from Dick's Sanitation, approached the podium and gave a slight background on Dick's Sanitation's. He stated Dick's Sanitation does have a high quality of service. Ron Moening, new manager for Waste Management of Savage, approached the podium and addressed the Council. He said Waste Management was doing everything the City had asked for. Mike Trulson, residential operations manager for Waste Management, approached the podium and addressed the Council. There has been a substantial increase in the service in the past few months. Mayor Brekke stated the City needed a fresh start with a new refuse hauler because of all the complaints the City had received regarding the current hauler. He is pleased with Staff's recommendation. Dick's Sanitation is owned and operated in the State of Minnesota. Cncl. Link asked about the price differences. Much of the difference is recoupable according to Tracy Coenen, Management Assistant. According to Tracy Coenen, there has been much frustration with Waste Management not only with City staff but also with the residents. Also the survey that the City sent to the residents of Shakopee indicated that the residents would be willing to pay more for better service. Service is the biggest issue. Cncl. Morke stated that quality is an issue. He acknowledged the thoroughness of Ms. Coenen's work. Morke /Amundson moved to direct staff to prepare a contract with Dick's Sanitation of Lakeville for refuse, recycling, and yard waste collection and billing services for a five year contract, pursue a contract with Hennepin County to process (burn) Shakopee's refuse for a five year contract and submit an application for a grant from Scott County to pay for the cost of the recycling containers. Cncl. Sweeney discussed the difference in the rates. According to the Jim Thomson, the City is not obligated to award this contract to the lowest monetary proposal because the City of Shakopee went out for RPF's that listed the criteria. Official Proceedings of the November 6, 2000 Shakopee City Council Page 15 Mayor Brekke stated he was basing the decision on the numbers from staff. Mark McNeill suggested that if there is a consensus by the Council to start negotiating a contract with Dick's Sanitation, there is no obligation this evening on the Council's part to award the contract. During the next two weeks numbers will be compared between Dick's Sanitation and Waste Management; this information will be brought back to the Council at their next meeting and then a decision can be made that a contract with Dick's Sanitation is the way to go not go. Mark McNeill stated that price is not to be the overriding consideration. Mayor Brekke stated that the costs needed to be compared thru staff. Cncl. Morke called the question. There was discussion on the numbers in the report from Ms. Coenen and from Waste Management. Motion carried 4 — 1 with Cncl. Link dissenting. There is Council consensus for staff to confirm the numbers between Dick's Sanitation and Waste management. Sweeney/Morke offered Ordinance No. 585, Fourth Series, An Ordinance Pertaining to On -Sale Liquor Licenses and Amending Section 5.02, Subd. 9 of the City Code, and moved its adoption. (Motion carried under the Consent Agenda.) Mayor Brekke introduced Wampach Property acquisition, Block 32, OSP by Eminent Domain proceedings. Morke /Sweeney offered Resolution No. 5440, A Resolution Authorizing Acquisition of Property by Eminent Domain, and moved its adoption. Motion carried 4 —1 with Cncl. Link dissenting. Sweeney/Morke moved to authorize the purchase of an HP Series 8150 printer for the Finance Department. (Motion carried under the Consent Agenda.) Sweeney/Morke moved to accept the quotation from Nardim for $9,500 for the vault fire protection system, the quote from Simplex for $1,305 for the alarm panel upgrade and to authorize the proper City officials to execute necessary documents for the maintenance and monitoring services. (Motion carried under the Consent Agenda.) The joint meeting between the School Board and the City Council was set for Monday, November 27` at 5:00 P.M. Sweeney/Morke offered Resolution No. 5444, A Resolution Adopting the City of Shakopee Contribution for Employee Health Insurance, and moved its adoption. (Motion carried under the Consent Agenda.) Official Proceedings of the November 6, 2000 Shakopee City Council Page 16 Mark McNeil recommended a phase out of the health insurance rebate City employees with single coverage are receiving at this time. This phase out plan would cost the City of Shakopee approximately $21,000 versus eliminating it in its entirety January l' Sweeney/Morke moved to authorize the phasing out of the rebate received by employees with single health insurance coverage as outlined by the City Administrator. This would be a $25.00 decrease in the rebate on Jan. 1, April 1, July 1, and October 1. Motion carried unanimously. Jim Thomson stated that Cncl. Link was abstaining from discussion and participation of the Mdewakanton Sioux Fee to Trust application. Michael Leek gave the report on the Mdewakanton Sioux Community Fee to Trust application. This is an application to place 776 acres of land in the Cities of Shakopee and Prior Lake in trust for the Shakopee Mdewakanton Sioux Community. Notice was received by the City of Shakopee from the Bureau of Indian Affairs in Washington, D.0 recently. Significantly to note, this notice was submitted to the regional office of the Bureau of Indian Affairs on or about February 22, 2000 of this year. No time between the date of the original submission to the regional office of the Bureau of Indian Affairs, February 22, 2000, and the time of the official notification from the Bureau of Indian Affairs Washington office, October 17, 2000, were Scott County, the Cities of Prior Lake and Shakopee notified that this application had been made. The Shakopee Mdewakanton Sioux Community stated that this had not been noticed to the County or the Cities of Prior Lake or Shakopee because the regional office had deemed this application incomplete. This application is different from the previous two fee to trust applications because this application involves more acreage. It involves two parcels of land that are within the City of Prior Lake. This has impact on Prior Lake as well as City of Shakopee. The Cities and County did express to the Shakopee Mdewakanton Sioux Community the Cities /County desire to work with Shakopee Mdewakanton Sioux Community toward a negotiated process for this application and future applications for fee to trust. A formal request was made to the Shakopee Mdewakanton Sioux Community to put this application for fee to trust status on hold or withdraw it so these conversations for a negotiated process can be held. A November 6, 2000 response from the Tribal Chairman, Stanley Crooks, implied that the Shakopee Mdewakanton Sioux Community would talk to the Cities but there is no reason why they would withdraw the fee to trust application. There are some concerns with this fee to trust application that the City has that are not included in the letter the City received from the Shakopee Mdewakanton Sioux Community office today. Sweeney/Morke moved to direct staff to engage in discussions with the Shakopee Mdewakanton Sioux Community about how to meet their future land use needs. Motion carried unanimously with Cncl. Link abstaining. Cncl. Sweeney and Jim Thomson, City Attorney, dialogued on the possible extension of the time limit on the fee -to trust application. Official Proceedings of the November 6, 2000 Shakopee City Council Page 17 Sweeney/Morke moved to direct City staff and City officials to take any steps they deem necessary to oppose the current Shakopee Mdewakanton Sioux Community "fee to trust" application. There was a consensus that the Mayor participate in discussions with the Community and the Mayor was agreeable to do so. Motion carried unanimously with Cncl. Link abstaining. It was determined that Mayor Brekke and Cncl. Sweeney would go with staff to the Hennepin County Board in pursuing a contract with Hennepin County to process the City of Shakopee's refuse for a five year contract_ A recess was taken at 11:08 p.m. for the purpose of conducting the Economic Development Authority Meeting_ The meeting was re- convened at 11 :3 p.m. A recess was taken at 11:30 p.m. for an executive session to discuss labor negotiations with the Public Works Department. The meeting re- convened at 11 :3 p.m. No action was taken during the executive session. Sweeney/Morke moved to adjourn to Tuesday, November 21, 2000, at 7:00 p.m. Motion carried unanimously. The meeting adjourned at 11:37 p.m. NC U) th S_ Cox C lerk Carole Hedlund Recording Secretary OFFICIAL PROCEEDINGS OF THE CITY COUNCIL ADJ. REGULAR • N SHAKOPEE, MINNESOTA • is 001t Mayor Brekke called the meeting to order at 5 :04 p.m. with Council members Amundson, Sweeney, Link and Morke present. Also present: Mark McNeill, City Administrator; R. Michael Leek, Community Development Director; Mark McQuillan, Natural Resource Director; and Judith S. Cox, City Clerk. This was a joint meeting with the Shakopee School Board. Present from the school district: Board members Mary Romanski, Jessica Geis, Kathy Busch, Todd Anderson, Steve Schneider and Ann Tuttle (at 5:36 p.m.). Also present were: John McBroom, Superintendent; Bob Martin, Director of Business Services, and Wade Phillips, Technology Manager_ Mr. McBroom, School Superintendent, updated the Council on the school enrollment and the need to move forward for another building. He advised that the school district is interested in purchasing property on the east end of the community. He explained that the new elementary building would cost about $12,000,000 plus the land purchase and would be a replica of the Sun Path elementary school. He advised of the other needs that would be included in the referendum. He stated that the referendum would be held in February so that construction could start in May, if the people approve it. Mr. Leek provided copies of the City's current adopted land use plan as well as the City's proposed land use update plan and he explained how MUSA (metropolitan urban service area) expansion takes place under the current adopted plan and how it is proposed to take place under the proposed plan update. The proposed MUSA expansion procedure would be like a pool whereby the City would determine where to expand sewer service anywhere within a 5 -year allotment set by Met Council. Mr. Leek explained that the City continues to have on going discussions with Jackson Township regarding annexation, which is where the school district owns a potential secondary site for a school. Mr. Leek explained that within the last three weeks all additional material requested has been submitted to the Met Council to allow the comp plan update to proceed. He sees no major obstacles to the comp plan and MUSA expansion scheme proposed. The expansion scheme will make it easier for the City Council to respond to the school district's potential needs, especially the staging of secondary facilities. Regarding the school site in Southbridge, Mr. Leek stated that a rezoning (which includes the school site) is on the Planning Commission agenda for December 7` The application involving the plat will not be on the December 7 agenda because the AUAR (Alternative Urban Area wide Review) has not yet been adopted and all comments on the AUAR have not yet been received. Ann Tuttle, School Board member entered the meeting at 5:36 p.m. Official Proceedings of the November 27, 2000 Shakopee City Council Page 2 Mr. Leek responded to questions regarding the rezoning. He advised that he anticipated that preliminary plat to be approved in January and that grading activities and utility activities may then be able to take place. The final plat probably will not come before the Council until February. Mr. McBroom explained why the site in Southbridge was selected for the school site and the desired time frame for acquisition. There was a break from 5:56 p.m. to 6:13 p.m. Mr. McNeill provided an update on the institutional cable network, the provisions for the school district and the upgrade of the system. As part of the discussions with Time Warner on their re- franchising, staff advised Time Warner that we expect provision of the institutional network to connect 34 sites throughout the community. The majority of those sites are those of Shakopee Public Utilities (connecting water towers, wells and electric sub - stations). Also included are all of the schools and governmental buildings. The franchise document has not been finalized. Mr. McBroom thanked the City Council for working with the school district with the DARE grant to have a police officer in the school. He said that it is an advantage to the community and appreciated what the City has done. Mark McQuillan reported that in 1986, the City Council and the School Board discussed their joint relationships, maintenance, facility usage, and also the location of parks and schools. There was a consensus at that time that whenever there was a school that there be a park located adjacent. In 1987 the City and the school district looked at a school and a park near 17 Avenue where Sun Path school is now located. When the site for the school was decided, the City decided to locate a park adjacent to the school. It was also discussed at that time to locate a major youth athletic facility near the school and be centrally located. At that time the City didn't have the funding available to acquire the property. After a six month study by the Park and Recreation Advisory Board was conducted, the park dedication fees were updated from a per lot to per unit_ In 1997 the park dedication fees were challenged and the Council ordered a park dedication study and a comprehensive park plan. Mr. McQuillan provided everyone with a copy of a map from the report showing areas identified for community and neighborhood parks and the number of acres needed over the next 25 years. A park system plan was adopted in late 1998. Mr. McQuillan stated that the City Council and School Board met again in 1998 and talked again about a community park/youth athletic complex in the Sun Path school area. He explained that the City now has 10 acres dedicated south of Sun Path and are going to a condemnation process with one of the landowners. A developer in the area is looking at dedicating another six acres. The City needs an additional 14 acres to complete what will hopefully be a soccer complex. Official Proceedings of the Shakopee City Council November 27, 2000 Page -3- Mr. Schneider questioned the proposed alignment of 17 Avenue west of Marschall Road. He expressed concern if the road goes south and continues into school property that it would result in the loss of some acreage for the school district. Mr. Leek advised that there is the potential to discuss the alignment to connect to CR -15 to minimize the impact on the school property. Mr. Anderson advised the Council that the school district has three sites with the potential to construct four schools to accommodate future growth in the district. The question is how much land is the community okay with the district owning before acquiring more. Mayor Brekke adjourned the meeting to Monday, December 4, 2000, at 7:00 p.m. The meeting was adjourned at 6 :48 p.m. �.&f—I udith S. Cox City Clerk Recording Secretary OFFICIAL PROCEEDINGS i CITY COUNCIL ADJ. . O P MINNESOTA is iii The meeting was called to order at 7:00 p.m. with Council members Morke, Link, Amundson, Sweeney and Mayor Brekke present. Also present: Mark McNeill, City Administrator; Bruce Loney, Public Works Director; Judith S. Cox, City Clerk; R. Michael Leek, Community Development Director; Karen Cole, Acting City Attorney; and Tracy Coesen, Management Assistant. The pledge of allegiance was recited. The following items were removed from the Agenda. 12. The Economic Development meeting has been deferred to the first meeting of the each month. 15.E.2 Employee Health Insurance. A resolution was adopted at the previous Council meeting. The following item was added to the agenda. 16.A. General Snowmobile Issues. Morke/Link moved to approve the agenda as modified. Motion carried unanimously. There was no Mayor's report this evening due to the variety of items on the agenda. Mayor Brekke did caution the audience to remain respectful so the attention could be focused on the person who had the floor. The following items were added to the Consent Agenda. 15.E.1 2001 Non - Contract Cost of Living Adjustments and 15.B.1 Adopting Assessments for Improvements to Vierling Dr. from Fuller St. to the west plat boundary line of Orchard Park West PUD. The following items were removed from the Consent Agenda. 151.4 Condemnation of Property along Gorman Street and 15.D.1 Order Plans and Specifications for 2001 Park Projects. Amundson/Sweeney moved to approve the Consent Agenda as modified. Motion carried unanimously. Mayor Brekke asked if there were any citizens present in the audience who wished to address any item not on the agenda. Jon Albinson, Valley Green Business Park, approached the podium to address the Council on two concerns. These concerns were 1) Tree Preservation Ordinance and 2) the feasibility study for County Road 83 and County Road 16. He was wondering if the public hearing proposed for December 6`'', 2000, for this feasibility study was still possible. Mr. Loney said there had been meetings with the County and the Mdewakanton Sioux on issues related with the feasibility study. There were probably more issues on this feasibility study than originally thought. The meeting will be as promised to the residents on November 28, 2000. The date this will be brought back to Council is dependant on the number of negative comments from this meeting. Mr. Loney thought this information would be back to the Council in December and the public Official Proceedings of the November 21, 2000 Shakopee City Council Page 2 hearing would be in January. Mr. Albinson approached the podium again. He was waiting for some determination on the Tree Preservation Ordinance, so he knew what scope of services he needed to do on the Valley Green Corporate Center plat. Mayor Brekke stated that the Tree Preservation Ordinance needed to be consistent with the Planning Commission direction and there really was no answer to this question. Mr. Leek said the Tree Preservation Ordinance would be before the Planning Commission at their Dec. 7, 2000 meeting, it is possible that this could be before the Council at their December 19, 2000, meeting. Amundson/Sweeney moved to approve the meeting minutes for September 19, 2000. (Motion carried under the Consent Agenda.) Amundson/Sweeney moved to approve the bills in the amount of $346,498.50 plus $302,232.67 for refunds, returns and pass through for a total of $648,731.17. (Motion carried under the Consent Agenda.) Mayor Brekke opened the public hearing on the proposed assessments for improvements to Vierling Drive from Marschall Road to Miller Street, Project No. 1999-5. Bruce Loney, Public Works Director, stated this was an assessment hearing for improvements to Vierling Drive from Marschall Road to Miller Street that started back in 1999. The final cost of all these improvements is $457,645.91. The City is participating in the cost of this project. The cost to the City is $75, 419.99. The remainder of the cost, which is $382,225.92, is assessed to benefiting commercial properties. These commercial properties were: K -Mart, Applebee's, 1"National Bank, the hotel and the office suites. This project is considered a Transportation Improvement project. Vierling Drive was widened, a concrete median was constructed, turn lanes were worked on and put in, there was a relocation of a bituminous trail, a new bituminous trail, a reinstallation of a concrete sidewalk and the signal system needed revision at Vierling Drive and Marschall Road. The Council ordered this feasibility report on May 4, 1999, they held a public hearing on May 18, 1999; Plans and Specs were prepared on June 15, 1999, and the project went out for Bids on July 29, 1999, these bids came in quite high and were rejected. We had the project re -bid on April 12, 2000. Better bids were received and a contract was awarded at that time. The costs assessed were based on percentages in the feasibility report. The City's cost was for 50% of the bituminous overlay, the gas main relocation for the right turn lane on to Vierling Drive into the first turn into Vierling Plaza and for the relocation of the traffic control signal due the realignment to save on right -of -way for the residential property north of the K -Mart lot. One objection letter has been received from Continental Properties Co. Inc, developers for the K -Mart facility. Mr. Loney explained that before these improvements to Vierling Drive were started Continental Properties sign a waiver regarding the assessments. Council Morke asked if these proposed assessments were figured in the same way as the assessments are normally figured. Mr. Loney replied yes they were. This was a very similar project to other projects that were done in the City. Mr. Loney stated that a petition was received by the City from Continental and Mr. Render asking for these improvements to Vierling Drive along with a signed waiver of assessment Official Proceedings of the Shakopee City Council November 21, 2000 Page 3 appeal. There was specific language in the assessment waiver from Continental Properties that they agreed to the assessments if the percentages quoted in the feasibility were used to calculate the assessments. Continental Properties did petition for the improvement and they did waive their assessment appeal. Their objection right now is that the project cost is considerably more than listed in the feasibility report. Representatives from Continental Properties approached the podium at an earlier meeting and publicly stated that they stood behind their waiver even though they were aware that the project cost was coming in over the listed costs in the feasibility report. Mayor Brekke asked for public testimony. Steve Walter, with Doug Kelley law firm in Minneapolis, approached the podium on behalf of Continental Properties. He did want to verify that the City had received Continental Properties letter of objection. The focus of the objection is that Continental Properties actually did not sign the waiver it was part of the process and was signed by Render Banks, a limited Partner with whom Continental was working with and from whom they bought the property. The project cost nearly doubled. According to Continental Properties, they felt it was apparent that other improvements were built into this project after the agreement with Continental Properties was made. There have been material changes, recognized by Mr. Loney in a letter to Continental Properties. Continental Properties immediately responded to this letter objecting to the project scope. Continental Properties stands by its agreement if the project cost remained basically the same as stated in the feasibility report. Because of the material increase they feel the waiver signed by Render Banks is unenforceable. Cncl. Link felt that the City's policy needed to be changed on projects in the City. He felt the developers should do the developing. If they do not want to do the improvements then they should not do the project. Cncl. Sweeney concurred with Cncl. Link. This project was re -bid once because of the excessive cost. Mark McNeill, City Administrator, addressed the issue regarding Continental Properties and the proposed assessments for the Vierling Drive Improvements from Marschall Road to Miller Street. He stated the City worked with Continental Properties in "Good Faith". A public hearing was held regarding the bidding of these improvements and then declared closed. Continental Properties had the opportunity to state they would not accept the bids on this project. Mayor Brekke declared the public hearing closed. Link/Sweeney offered Resolution No 5445, A Resolution Adopting Assessments For Vierling Drive, From County State Aid Highway 17 to Miller Street, Project No. 1999 -5, and moved its adoption. Motion carried unanimously. Mayor Brekke opened the public hearing on the proposed assessments for improvements to Marschall Road from T.H. 169 to St. Francis Avenue. Bruce Loney reported on the proposed assessments for improvements to Marschall Road from TH 169 to St. Francis Avenue, Project No. 1999 -7. This was a spring and summer Official Proceedings of the Shakopee City Council November 21, 2000 Page 4 reconstruction project on a portion of Marschall Road. The project costs are being assessed to the City, County, and developers. The total cost of the project is $1,247,998. The City's share is $207,288, the County's share is $217,844 and the remainder of $822,866 is the share to be assessed to the developers. The City's costs within this project are for concrete curb & gutter, storm sewer, bituminous trail and a traffic control signal, per the feasibility report and County Cost Participation Policy. The project also included the widening of Marschall (CSAH 17) and dual left turn lanes at Marschall and 17` Avenue and a traffic signal was installed at 17` Avenue and Marschall. A petition was received from all the landowners in this area except from St. Francis Regional Medical Center. A right turn lane into Betaseed was requested. This project came in only 6% over the feasibility estimate Mayor Brekke asked for public testimony. There was no response. The public hearing was declared closed. Sweeney/Morke offered Resolution No. 5446, A Resolution Adopting Assessments For County State Aid Highway 17, From Trunk Highway 169 To St. Francis Avenue To 800 Feet South, Project No. 1999 -7, and moved its adoption. Motion carried unanimously. Mayor Brekke opened the public hearing on the proposed assessments for delinquent garbage and recycling bills. Mark McNeill, City Administrator, reported on the proposed assessments for delinquent Garbage/Recycling Bills. The Council is being asked to consider having the delinquent garbage /recycling accounts added to the County assessments to the property owners' taxes payable for 2001. Waste Management, the current garbage, recycling provider for the City, has provided the City with a list of the delinquent accounts. Previously, Shakopee Public Utilities had done the billing and they had the alternative of disconnecting utilities but Waste Management has no recourse. Since the City has become involved, some of the delinquent accounts have been collected. All the landlords having tenants that were delinquent have been instructed to pay the delinquent bills, as stated in City Ordinance 583 which was passed on October 17, 2000 which amended section 3.15, subdivision 7 of the City Code and obligated the property owners to pay the charges and costs for the collection and disposal of refuse and recyclable materials and states that the landlords make private arrangements with the tenant to collect these charges. Mayor Brekke asked for public testimony. Jeanette Gilles, property owner of 126 South Atwood, -was unaware that her tenant was not paying her bill. Waste Management has made arrangements with her tenant and she does not want these delinquent charges added to her tax bill. The public hearing was declared closed. Sweeney/Link offered Resolution No. 5447, A Resolution Adopting Assessments for Delinquent Garbage/Recycling Bills, and moved its adoption. Motion carried unanimously. Official Proceedings of the Shakopee City Council November 21, 2000 Page 5 Mayor Brekke opened the public hearing on the currency exchange license renewals. Ms. Judy Cox, City Clerk, presented the annual currency exchange License renewals for: Madison Financial Companies dba Money Xchange; DRM LLC dba Excel Pawn; Chex Services, Inc. dba Fastfunds; and Checks Cashed of America, dba Money Xchange. She stated that all of the applications were in order. Mayor Brekke asked for comments from the public. There was no response. The public hearing was declared closed. Link/Amundson offered Resolution No. 5449, A Resolution Of The City of Shakopee, Minnesota Approving The Application of Madison Financial Companies dba/Money Xchange For a Currency Exchange License at 1147 Canterbury Road, and moved its adoption. Motion carried unanimously. Link/Amundson offered Resolution No. 5450, A Resolution Of The City of Shakopee, Minnesota Approving The Application of DRM LLC of Shakopee dba/Excel Pawn for a Currency Exchange License at 450 West First Avenue, and moved its adoption. Motion carried unanimously. Link/Amundson offered Resolution No. 5451, A Resolution Of The City of Shakopee, Minnesota Approving The Application of Chex Services, Inc dba/FastFunds For A Currency Exchange License at 1100 Canterbury Road, and moved its adoption. Motion carried unanimously. Link/Amundson offered Resolution No. 5452, A Resolution Of The City of Shakopee, Minnesota Approving The Application of Checks Cashed of America, LLC dba/Money Exchange For A Currency Exchange License at 1116 Vierling Drive East, and moved its adoption. Motion carried unanimously. Ms. Judy Cox, City Clerk, presented the taxicab and taxicab driver's license applications from Oscar Javier Salas. She stated the police department is in the process of conducting the required background check; this check is expected to be completed by the December 5`'' meeting. The public hearing should be opened and comments received from anyone in the audience and then continued to the December 5, 2000 meeting of the City Council. There were no public comments. Link/Sweeney moved to continue the hearing on the application from Oscar J. Salas for a taxicab and taxicab driver's license to the December 5, 2000 meeting of the City Council. Motion carried unanimously. Amundson/Sweeney moved to remove the proposed text amendment to require trees and sod for single - family detached housing from the table. Motion carried unanimously. Official Proceedings of the November 21, 2000 Shakopee City Council Page 6 Amundson/Sweeney offered Ordinance No. 582, Fourth Series, An Ordinance Of The City Of Shakopee, Minnesota Amending City Code Sec. 11.60 by Adding Landscaping Requirements For Single - Family Uses in Certain Zoning Districts, and moved its adoption. (Motion carried under the Consent Agenda.) Michael Leek presented the revised AUAR for the proposed Shakopee Crossings project. He stated the revised AUAR includes the responses from the second 10 -day review period. One letter of objection was received from the Metropolitan Council. Staff has incorporated responses to the objections of the Metropolitan Council in Resolution No. 5453. Regarding the drainage and ground water discharge, staff has been unsuccessful in getting a letter of withdrawal from the Metropolitan Council. No objections have been received from the Minnesota Pollution Control Agency (MPCA). Staff is recommending adoption of the revised AUAR with the proposed revisions and that the resolution be brought back to City Council on December 5. Sweeney /Morke moved to accept the revised AUAR for the proposed Shakopee Crossings project with revisions on the table. (The resolution will be on the December 5 agenda.) Motion carried unanimously. Amundson/Sweeney removed the issue of the adopting assessments for Vierling Drive, from Fuller Street to the west plat boundary line of Orchard Park West, Project No. 1998 -3, from the table. (Motion carried under the Consent Agenda.) Amundson/Sweeney offered Resolution No. 5438, A Resolution Adopting Assessments For Vierling Drive, From Fuller Street To The West Plat Boundary Line of Orchard Park West Project No. 1998 -3, and moved its adoption. (Motion carried under the Consent Agenda.) Amundson/Sweeney moved to direct staff to remove the 15- minute parking sign at 112 Third Avenue West. (Motion carried under the Consent Agenda.) Amundson/Sweeney moved to authorize the appropriate City officials to execute an extension agreement with Bolton & Menk, Inc. for surveying work associated with the feasibility report for Sarazin Street and Valley View Road. (Motion carried under the Consent Agenda.) Amundson/Sweeney moved to authorize the appropriate City staff to purchase the necessary 3M EVP equipment to properly equip ten intersections at a cost of $25,000. This $25,000 does not include labor. (Motion carried under the Consent Agenda.) Amundson/Sweeney moved to authorize the appropriate City staff to purchase the Interstate 8 Series 24' trailer from Ace Trailer Sales for $5,525. (Motion carried under the Consent Agenda.) Cncl. Sweeney wanted to know how much of Tahpah Park was really going to be surveyed when only an asphalt parking lot in the park was to be constructed. Bruce Loney addressed this issue. He said Mr. McNeill had made it clear to Bolton and Menk the area that was to be surveyed for the parking lot. We would not have Bolton and Menk survey any more than necessary. Sweeney /Morke moved to table the surveying of Tahpah Park until it was made clear what area is to be surveyed. Motion carried unanimously. Official Proceedings of the November 21, 2000 Shakopee City Council Page 7 Mark Themig, Facilities and Recreation Director, reported on combining the swimming program of the school district and the City's aquatics program. This is a combination of the school districts school —year program and the City's summer aquatics program. These programs will now be coordinated in their entirety by the City. Issues arose because of the two separate programs; issues such as: managing the program, ensuring consistency between instructors, and the overall growth of the program. Under the budget process it was proposed that the programs be combined under one organization and the aquatics program be run throughout the year. It made more sense after listening to the discussions for the City to run the aquatics program and the school -year program because of the skills that the City has in this area. If the school district's school -year swim program and the City's aquatics program are combined, there will be a few changes needed. These changes would possibly be a full -time recreation supervisor, currently school district staff that works with the swim program would become part of the City staff, the City would handle all program registrations, and the City would receive all revenue. Mr. Themig anticipated the total budget impact to be approximately $73,400 for expenditures and revenue in the amount of approximately $ 61,200. At this point, we are looking for direction from the Council to see if implementation of the combined programs could begin in January of 2001. Cncl. Amundson questioned the access to the indoor pool. Mr. Themig stated that there is a commitment on the school district's part to provide that pool to the City. This will be included in the joint facilities agreement, which is hoped to be completed in December. Cncl. Morke questioned joint maintenance. Mr. McNeill addressed this question. The funding of personnel was the only position taken so far. It had been made clear to the school district that the City would not take on additional costs associated with the pool. The care of the pool would still be the school district's. Cncls. Sweeney and Morke wanted to see this statement in writing. Mayor Brekke stated that at this point, the Council is asked to confirm their support of the agreement between the City and the school district regarding the combination of the programs. According to Mr. Themig, he felt the swimming lessons program could be a revenue producer. The aquatics park is an expense to the City; it is not a break -even proposition. Sweeney/Morke moved to direct staff to bring the proposal on combining the school year and summer aquatics programs back to the December 5th City Council meeting in final form, noting that the maintenance of the indoor swimming pool by the school district shall be in writing. Motion carried unanimously. Amundson/Sweeney offered Resolution No. 5455, A Resolution Adopting the 2001 Pay Schedule For The Officers And Non -Union Employees Of The City Of Shakopee, and moved its adoption. (Motion carried under the Consent Agenda.) Ms. Tracy Coesen, Management Assistant, gave a staff report on the proposed 5 -year garbage contract for Dick's Sanitation. At the November 6, 2000 City Council meeting, Council directed staff to negotiate a 5 -year contract with Dick's Sanitation of Lakeville for residential, recycling and yard waste services, and also to meet with Dick's Sanitation and Waste Management to review some questionable figures on their responses to the RFD's. Staff is still recommending Dick's Sanitation, after the meeting. There was a misunderstanding of the figures in the RFP, Official Proceedings of the November 21, 2000 Shakopee City Council Page 8 therefore, it appeared that there was the huge discrepancy in the figures between Dick's Sanitation and Waste Management. The numbers in the spreadsheet in the packet are accurate. The following highlights were contained in the proposed contract. The City will apply for a grant from Scott County for $25,000 for recycling containers. Staff is negotiating a contract with Hennepin County to process Shakopee's refuse for a 5 -year period. Hopefully, this new contract with Dick's Sanitation will result in increased convenience for the residents. The contract with Dick's Sanitation will address issues of poor performance, there would be four service trucks dedicated for Shakopee, one staff person dedicated for customer service and there would be a recycling rebate to produce revenue for new City programs. The contract is up on March 16, 2001 with Waste Management and there are items that need to be ordered as soon as possible. If the Council decides to use price as the overriding factor, then staff recommends that the RFD's of BFI and other haulers be considered. When staff time is figured into all which staff has had to do with Waste Management, Waste Management's figures in their RFP are not as low as they appear. Sweeney/Morke moved to approve the contract with Lakeville Sanitary (Dick's) for refuse, recycling and yard waste collection and billing services for a five -year contract. A recess was taken at 8:05 p.m. The meeting re- convened at 8:10 p.m. Cncl. Link asked Ms. Coenen if she agreed that were was $523,159.52 difference between the Waste Management and Dick's Sanitation bid with Waste Management being the lower of these two bidders. Yes, she said that amount difference is in the RFP savings. The City does feel they can generate $175,000 of the difference over the next five years with the rebate program to generate new refuse programs. Without this rebate program, the City would not be able to offer the new refuse programs that the citizens indicated in the survey this past summer that they would like to see. If this rebate program does not work favorably for the City of Shakopee after 1 -year, Dick's Sanitation has agreed to renegotiate and lower the recycling rates of Shakopee. Mr. McNeill said this was a policy issue that needed to be decided by the Council. The question is should the dollar amount supercede the service levels. City staff feels the service level from Waste Management has not been satisfactory over the life of the present contract. Cncl. Sweeney felt it was important that the City of Shakopee get closure on this issue and the closure would only come if Dick's Sanitation's contract was awarded at this point in time. He felt it was important to get unanimity on the issue. Audience participation was called for at this time. Ron Manning, of- Waste Management, approached the podium and addressed the Council to extend his thanks to City staff for the opportunity to meet with them. Mayor Brekke stated that he has the expectation that the service will be much improved for the residents of the City of Shakopee with Dick's Sanitation. Official Proceedings of the November 21, 2000 Shakopee City Council Page 9 Motion carried 4 —1 with Cncl. Link dissenting. Sweeney/Morke moved to direct staff to continue to negotiate a 5 -year contract with Hennepin County to process (burn) Shakopee's refuse at a lower than normal standard cost. Motion carried 4 —1 with Cncl. Link dissenting. Morke /Amundson moved to finalize the grant application with Scott County for 6,000 recycling containers. Motion Carried 4 —1 with Cncl. Link dissenting. - Cncl. Sweeney addressed the snowmobile concerns. He had repeatedly heard concerns from the City of Shakopee residents concerning snowmobilers trespassing on the private property of individuals. He wanted everyone to be aware of these snowmobile concerns. He said that if snowmobilers can't follow the rules, the end product would be to ban snowmobiling in the City. Police Chief Hughes addressed this issue and stated the snowmobile laws on the books would be enforced. Mark McNeil reported on the issue regarding the possibility of a smoking ban in public spaces. Cncl. Sweeney reminded the Council and the audience that the motion of October 3, 2000 regarding the Tobacco Free Smoking Ban was just to direct staff to see what other communities were doing in response to a smoke free environment in public spaces; this is not a public hearing nor an action item. Mr. McNeill reported on how other communities in the State of Minnesota were responding to a smoke free environment in public spaces, i.e. restaurants and parks. Moose Lake, Little Falls and Duluth were some of the cities that Mr. McNeill identified and questioned regarding what these cities were doing for a smoke free environment. There have been no challenges to the smoking ban ordinance in Moose Lake, however in Little Falls the people have challenged their ordinance. The smoking ban in the City of Duluth has not taken effect yet, therefore, there is no judgment to its effectiveness as of this date. The cities of St. Cloud, New Prague and Faribault have considered a smoke free ordinance, but, they have decided not to pursue the implementation of this smoking ban. Shakopee restaurant owners have contacted City Council members regarding the proposed no- smoking ban in the City of Shakopee, stating that a no- smoking ban would severely affect their businesses. Mr. McNeill stated that he has received information from the restaurant owners in Shakopee concerning the possibility in some interpretation changes in the "Clean Indoor Air Act" being considered by the Minnesota Department of Health. These changes could lead to the reduction of second -hand smoke in public space within the next five years. There are people present at this City Council meeting on both sides of the issue. Council is being asked to give direction on whether you want more information on this subject and if so direction is needed as to whether you want an ordinance to be drafted and if a public hearing should be held on this issue. Cncl. Morke felt the City of Shakopee should wait and see what the State does and then act. Mayor Brekke stated that if this proposed ban on smoking goes forward this evening, there would be a public hearing; however, if this ban is voted against this evening, then the smoking ban is a done issue. This was not a public hearing, however, Mayor Brekke did call for new public testimony. Official Proceedings of the November 21, 2000 Shakopee City Council Page 10 Brian Turtle, Turtle's Bar and Grill, approached the podium and presented the viewpoint of the restaurant owners in town. He did respect the goal to reduce the amount of tobacco consumed by our children. Turtles Bar &Grill has done a few things to reduce smoking. 1) they do not allow their workers under the age of 18 smoking on their property and 2) they do not allow patrons under the age of 18 to smoke in their business establishment. His customers, smokers and non- smokers, have expressed to him that they do not want his business to go smoke free. Turtles have made some changes that the marketplace said they wanted; it was not a decision of government making that choice of a change for his business. There are choices within Shakopee for smoking and non - smoking restaurants. The Department of Health has been handling this issue for 30- years. The proposed changes to the Clean Indoor Air Act have been studied for almost two -years now, and those changes that the Department of Health will be recommending are exactly what Turtles Bar and Grill have done. The State of Minnesota needs to decide what to do with this issue. Turtles sent out a survey to their customers, smokers and non - customers. 69% of the non - smokers replied. 55% of these non - smokers were against banning smoking. He is a small businessperson fighting for his rights and the rights of his customers. Cncl. Link asked who the 13 tobacco free restaurants were in town. The Tobacco Free Future group may address this later. Cncl. Morke said what we are listening to tonight is what extent can the City government control free markets with ordinances. Mayor Brekke said public testimony will be taken and then the Council members will be allowed to ask questions. Frank Dosch, Manager of Perkins in Shakopee, approached the podium and said Perkins modifies their restaurants based on the consumer group wants. Steve Paul, from the Perkins corporate office sent a letter attesting to what appears to be a correlation with the growth of business in a neighboring town next to a municipality that had just adopted a non - smoking ban. He felt the businesses in the City of Shakopee would suffer if a smoking ban were adopted. Howard Meyer, representing Park Inn Suites in Shakopee, approached the podium and addressed the Council. Mr. Meyer had just moved here from a City that had just adopted a smoking ban ordinance. Park Inn Suites is a leisure hotel. Approximately 70% of our business is from smokers. Many businesses from whence Mr. Meyer came, did go broke because of having to go smoke -free. Please take a look at all perspectives. Rod Krass, representing Dangerfields, approached the podium. The Minnesota Supreme Court told the City of Shakopee, they are part of a metropolitan integrated community. Shakopee would be the first metropolitan community to establish a smoke free environment. The impact of a smoking ordinance would be greatly felt. At a minimum a State look needs to be looked at for this issue. He felt now was the time to talk with our local representatives in the State Legislature and to see what kind of a State solution could be reached that would not hurt individuals. Donna Kerber, Shakopee Knights of Columbus, approached the podium and addressed the Council. She and her members felt they needed the freedom of choice to decide. She feels the State should lay down the laws and she agrees with Mr. Turtle. Official Proceedings of the November 21, 2000 Shakopee City Council Page 11 Joseph Aimsworth, Commander of the VFW Post 4046 in Shakopee, approached the podium and stated they would lose over 50% of their business if a non - smoking ordinance was adopted. Mayor Brekke stated equal time has been spent allowing the Tobacco Free Futures group to speak and the Restaurant Owners group to speak. Jeremy Hanson, representing the Minnesota Smoke Free Coalition, approached the podium. The new information he had responds to the role of the State of Minnesota getting involved with this issue and specifically the Minnesota Department of Health. Jan Malcomb, Commissioner of the Minnesota Department of Health, issued a letter to clarify the situation around the Minnesota Clean Indoor Air rules process and the revision that the Department of Health is undergoing to revise those rules. The Commissioner of the Minnesota Department of Health strongly supports the local governments looking at ordinances for a smoke free environment. The rules of the Minnesota Indoor Clean Air Act are in no way made to supercede the local governments authority. The rules do not guarantee that they will address bars and restaurants; they may only address factories and warehouses. A City must enact a smoke free ordinance for restaurants, not the Commissioner of the Department of Health. Local policy, according to the Commissioner of Health, is the better solution. Richard Scott, Community Health Planner for Scott County Public Health and a concerned citizen, approached the podium to clarify some statistical information. There is over whelming evidence that smoking and second -hand smoke is harmful to citizens. Existing ventilation systems cannot adequately remove all the toxins from second hand smoke. This has been confirmed by OSHA and the organization of industrial hygienists. Statistics show there are over three deaths a year of non - smokers who die of heart disease in Shakopee. It costs Scott County approximately 5 -6 million dollars per year to treat smoking related illnesses. At best, there would be a debate if there would be an economic loss to the restaurants if a non - smoking ordinance were adopted. The evidence is clear that morally we need to do the right thing. Lauren Cain, owner of Wampach's Restaurant, stated good service and good food are the determining factors; customers will sit and eat where they like. Look out for the people who are trying to make Shakopee a better place no matter what the cost. Sharon Luth, Tobacco Free Futures organizer for Shakopee, approached the podium and addressed why the non - smoking ordinance in Little Falls is being reconsidered. She identified the restaurants that have a smoke free environment in Shakopee. This is a public health issue. Gary Turtle, of Turtles Bar and Grill, approached the podium and wanted to look at the future. Would new businesses come to Shakopee if the City of Shakopee had a no- smoking ordinance. Perhaps there should be a sunset clause in the no- smoking issue to see how the restaurant owners like the new ordinance. Bonnie Sokolov, resident of the City of Shakopee, approached the podium and stated she and her husband go out of Shakopee when they go out to eat because they choose a smoke -free environment. No matter where you sit in the restaurants in Shakopee, you smell like smoke when you get done. She felt it was important to look at the number of people who are going elsewhere. How many would come back, if there were more choices? Please consider this Official Proceedings of the Shakopee City Council November 21, 2000 Page 12 ordinance carefully. There is a good opportunity to do something positive to the community. Sweeney /Amundson moved to direct staff in concert with the City Attorney to prepare a model ordinance regarding smoking in restaurants and on public property. Cncl. Sweeney made the motion to get something on the table but he dad not intend to vote for it. Cncl. Amundson seconded the motion for purposes of discussion. Cncl. Link wanted this issue on a referendum so the people could decide. Karen Cole, acting City Attorney, stated that City did not have the authority to hold a referendum on this issue. She would look into the matter of tying tax dollars to the referendum issue and see if then the City had the authority to hold this election. Mayor Brekke could not get around the issue of this being a State and Federal issue for workers safety and he could not get around the issue of choices. He really would like to see a smoke free environment but these issues just could not be overcome in his mind. He is leaning toward the freedom of choice. Cncl. Morke felt the citizens had the right to choice to patronize or not patronize businesses. The Citizens of Shakopee have the choice and responsibility to decide how to run their own lives; they do not need the City Council to make their decisions for them. Citizens also have the responsibility to teach their children values and not to expect the government to do it for them. He felt this issue should be decided at the State level. Cncl. Amundson talked to a variety of people with many ideas on this issue. She kept coming back to the health issue. There is no simple solution. Cncl. Sweeney could see no attempt of the Minnesota Smoke Free Coalition to find a middle ground on this issue. In Duluth the owner of the establishment is not the enforcer of the Smoke Free Ordinance. Motion failed unanimously. Mayor Brekke asked the owners of the restaurant to consider how to improve the air quality on a voluntary basis for the benefit and enjoyment for their customers. Amundson/Sweeney moved to approve the RFQ's (Request for Qualifications) for architectural services for the new library. (Motion carried under the Consent Agenda.) Sweeney/Morke offered Resolution 5448, A Resolution Authorizing Acquisition of Property by Eminent Domain, and moved its adoption. Cncl. Sweeney stated this property is located on Gorman Street and is for a future police station. The resolution orders staff to proceed with this condemnation. Cncl. Link stated he will vote against this resolution because he does not believe in condemnation proceedings. Official Proceedings of the November 21, 2000 Shakopee City Council Page 13 According to Mr. McNeill, the property owners are aware of the condemnation proceedings and they are supportive of them. Motion carried 4 —1 with Cncl. Link dissenting. Amundson/Sweeney offered Resolution No. 5454, A Resolution Appointing A Data Practices Compliance Official For The City Of Shakopee To Comply With The Minnesota Government Data Practices Act, and moved its adoption. (Motion carried under the Consent Agenda.) Amundson/Sweeney offered Resolution No. 5434, A Resolution Amending Resolution No. 5291 Adopting The 2000 Budget, and moved its adoption. (Motion carried under the Consent Agenda.) Mr. McNeill gave a report on the Murphy's Landing/Hennepin County Parks proposal. The City owns the land where Murphy's Landing is located. Currently there is a 5 -year lease with Murphy's Landing, which is owned by the Minnesota Valley Restoration Project. This lease is up in February of 2002. Murphy's landing has been financially challenged, now, there is the opportunity to involve Hennepin Parks with Murphy's Landing, Dennis Kelly, Executive Director of Murphy's Landing, approached the podium and thanked the City and Council for their support of Murphy's Landing over the years. He presented an overview of the Hennepin Parks proposal to work with Murphy's Landing. He felt Hennepin Parks could raise the level of Murphy's Landing and hopefully Murphy's Landing would reach their potential. Hennepin Parks is willing to accept the responsibility for operating and developing Murphy's Landing. They are willing to commit significant dollars to upgrade Murphy's Landing. The Board of Directors for Murphy's Landing is in discussions with Hennepin Parks. If there is an agreement between the Minnesota Valley Restoration Project and Hennepin Parks, it would be contingent on the City of Shakopee's willingness to enter in an agreement with Hennepin Parks also. If the City wishes to enter into an agreement with Hennepin Parks regarding Murphy's Landing, the Minnesota Valley Restoration Project will step back, so a smooth transition can result in the operation of Murphy's Landing, Mayor Brekke felt there were some possibilities for linkages between Memorial Park and Hennepin Parks. He did not want to charge residents admission to Memorial Park. He felt Memorial Park could still be kept under City title. Mayor Brekke left the meeting at 9:50 p.m. for medical reasons and Cncl. Link took over as the Acting Mayor. Cncl. Sweeney had no problem with listening to the proposal and the codicils to the agreement, but he would like to reserve the right to see this proposal and codicils in writing with an opportunity to comment at that time. He was not a fan of Hennepin Parks, but he was not discouraging the Council to listening to the proposal and getting the proposal in writing. Mr. Kelly stated his purpose tonight was to alert the Council to the discussions between Hennepin Parks and Murphy's Landing and to get questions on the table now so they can be thought about as documents are prepared. Official Proceedings of the Shakopee City Council November 21, 2000 Page 14 Cncl. Morke endorsed this concept between Murphy's Landing and Hennepin Parks. He did question the long -term debt. Acting Mayor Link asked Mr. Kelly what the response of the Board of Directions at Murphy's Landing was to this proposal. Mr. Kelly stated the response of the Board of Directors was unanimous and positive. Acting Mayor Link also asked about the artifacts at Murphy's Landing. Cncl. Amundson endorsed the concept also. She too would like to see this proposal in writing. Cncl. Sweeney wanted to know how this would impact the OHEC 50 year lease now. All other developments at Murphy's Landing will proceed as planned. Acting Mayor Link called for audience participation. Roland Pistulka, resident of Shakopee and President of Scott County Historical Society, approached the podium and stated that he felt this was a good opportunity for Murphy's Landing. The buildings would be brought back to historical correctness and the programs to continue our living museum would be good using the current interpreters now at Murphy's Landing. Sweeney/Morke moved to direct staff to enter into negotiations with Murphy's Landing and Hennepin Parks and to bring back proposals for the operation of Murphy's Landing by Hennepin Parks. Motion carried unanimously. Cncl. Amundson reported on the School Bond Referendum. Cncl. Link had concerns on the lighting on Marschall Road in the commercial area. The area in question is from the Jr. High to Vierling Drive. The area south of 17 t1i Avenue also needs to be looked at. Morke /Sweeney moved to adjourn the meeting to Monday, November 27, 2000, at 5:00 p.m. Motion carried unanimously. The meeting adjourned at 10:10 p.m. Judith S. Cox , City Clerk Carole Hedlund Recording Secretary OFFICIAL PROCEEDINGS REGULAR SESSION SHAKOPEE, MINNESOTA JANUARY 11 The meeting was called to order at 7:00 p.m. with Council members Morke, Link, Amundson, Sweeney and Mayor Brekke present. Also present: Mark McNeill, City Administrator; Bruce Loney, Public Works Director; Judith S. Cox, City Clerk; R. Michael Leek, Community Development Director; Jim Thomson, City Attorney; Gregg Voxland, Finance Director; Paul Snook, Economic Development Coordinator; Tracy Coenen, Management Assistant; and Dan Hughes, Police Chief The pledge of allegiance was recited. The following item was added to the Agenda. 151.5 Massage Center License for Salon St. John. Link/Amundson moved to approve the agenda as modified. Motion carried unanimously. Mayor Brekke reported this evening that at the January 16, 2001 Council meeting, there would be an organizational meeting to talk about liaison duties for the Council members. The following items were added to the Consent Agenda. 15.17.5 Massage Center License for Salon St. John. Sweeney/Morke moved to approve the Consent Agenda as modified. Motion carried unanimously. Mayor Brekke asked if there were any citizens present in the audience who wished to address any item not on the agenda. There was no response. Sweeney/Morke moved to approve the meeting minutes for October 17, and November 2, 2000. (Motion carried under the Consent Agenda) Sweeney/Morke moved to approve the bills in the amount of $1,219,228.28 plus $40,178.23 for refunds, returns, and pass through for a total of $1,259,406.51. (Motion carried under the Consent Agenda) A recess was taken at 7:08 p-m. for the purpose of conducting the Economic Development Authority meeting. The meeting re- convened at 7:34 p.m. Sweeney/Morke offered Resolution No. 5468, A Resolution Of The City Of Shakopee, Minnesota, Approving The Final Plat of South Parkview 4 "' Addition, and moved its adoption. Official Proceedings of the January 2, 2001 Shakopee City Council Page 2 Motion carried unanimously with Cncl. Link abstaining. Sweeney/Morke offered Resolution No. 5471, A Resolution Setting The Public Hearing Date To Consider The Vacation Of Easement Within Shakopee Valley Marketplace, and moved its adoption. (Motion carried under the Consent Agenda.) Sweeney/Morke moved to authorize publication of notice in the "EQB Monitor" and distribution of the draft EAW for review and comment. Council is not asked to approve the EAW at this time, as it, along with review comments and responses will be brought back after expiration of the 30- day review period. (Motion carried under the Consent Agenda.) Sweeney/Morke moved to approve Heritage Development's request for concurrent review by the City Council of the revised preliminary and final plats of Shenandoah Apartments, noting that this approval does not require that the City Council act on both the preliminary and final plat at the same time. (Motion carried under the Consent Agenda.) Michael Leek, Community Development Director, gave a presentation on the Alternative Urban Areawide Review (AUAR) for properties on 4 Avenue East. Michael Leek corrected a graphic on this item. The property that we are taking about on 4 t " Avenue otherwise known as Silverhawk does not include the parcel on the northwest corner_ It does include the Opus site on 4 Avenue and County Road 83. Several months ago Opus approached Mr. Leek and asked to do an AUAR on the remainder of their site on the southwest comer of County Road 83 and 4th Avenue_ Mr. Leek indicated to Opus that he did think with the remaining few acres that Opus had left undeveloped, it was not cost effective to do an AUAR. He suggested that there was another property that if combined with Opus' it might have significant impacts on the area. This property was the Silverhawk site. Opus did get together with the Silverhawk properties owner, United Properties. Jointly they came to the conclusion that it would be a good idea to do an environmental review together for the impacts of both of the sites. They came to the City with a request to jointly have an AUAR done for these properties located on 4 th Avenue East. As part of the original material submitted, Mr. Leek provided agreements to Opus and United properties that they are responsible to reimburse the City for all costs of the AUAR within 10 days after receipt of the detailed invoices for the AUAR expenditures. City Staff is asking the Council to authorize or not authorize the appropriate City officials to proceed with preparation of an AUAR for the Opus and United Properties located on Fourth Avenue East along with the inclusion of a reimbursement agreement for expenditures in connection with the GUAR. Mr. Leek also requested that an action be taken authorizing an extension agreement with WSB engineering to help staff in the assembly of the GUAR. Mayor Brekke asked Mr. Leek how the AUAR process is working compared to an EAW? How much staff time does it take to assemble an AUAR? Mr. Leek replied the time involved was dependent on the area to be studied. The AUAR does take more time; the City will be reimbursed for staffs time. Cncl. Morke asked why we have all of these AUAR's now? Mr. Leek after talking with the EQB Board and developers feels that now there is some experience with an AUAR and if you want to Official Proceedings of the January 2, 2001 Shakopee City Council Page 3 open an area for development but you do not have a specific user the AUAR is the route to take. There is greater comfort in this AUAR mechanism now. Mayor Brekke concurred with Mr. Morke. He was concerned about spending staff time on an AUAR when there really was no project. Cncl. Sweeney asked Mr. Leek if it were possible to include in the costs to be reimbursed, the cost for staff time. Mr. Leek replied yes, it is was possible to have staff time reimbursed. He also inquired into the Silverhawk area. There again there is much bedrock in this area. He felt after this initial review the developers would have an investment in this property and perhaps now some construction of some type would take place. Doing this AUAR has some desirable financial features. Michael Leek stated that in the long run taking a broader look at properties makes more sense that the incremental approach of an EAW. Council Morke asked if in the GUAR, would the Native American mounds be addressed. Mr. Leek spoke to this question and replied yes the mounds would be addressed. Sweeney/Morke moved to authorize the appropriate City officials to proceed with preparation of an GUAR for the Opus and United Properties located on Fourth Avenue East noting that Opus and United Properties are to reimburse the City for all expenses related to the AUAR process. Motion carried unanimously. Link/Sweeney move to authorize the appropriate City Officials to enter into an extension agreement with WSB Engineering, Inc. for completion of the AUAR for Opus and United Properties. Motion carried unanimously. Sweeney/Morke moved to authorize the purchase of a box, hoist, hydraulics, plow, wing, sander and accessories for one single axle dump truck at a purchase price of $40,935.40 from J -Craft, Inc. with the purchase to be paid from the Internal Service Equipment Fund. (Motion carried under the Consent Agenda.) Sweeney/Morke offered Resolution No. 5469, A Resolution Accepting Work On 17"' Avenue, From '/4 Mile West Of County State Aid Highway 17 to County State Aid Highway 17, Project No. 1998 -4, and moved its adoption. (Motion carried under the Consent Agenda.) Sweeney/Morke offered Resolution No. 5470, A Resolution Accepting Work on The 2000 Parking Lot, Sidewalk And Trail Improvements, Project No's 2000 -2, 2000 -3, 2000 -6, and moved its adoption. (Motion carried under the Consent Agenda.) When the discussion of the snowmobiling regulations took place, Mayor Brekke stated if an ordinance is considered there would be more time for public testimony at that meeting, there is limited time for public testimony at this meeting. A future meeting will be scheduled if necessary. Official Proceedings of the January 2, 2001 Shakopee City Council Page 4 Dan Hughes, Chief of Police, gave a presentation on the snowmobile regulations in the City of Shakopee. On December 19, Council directed City Staff to develop an amendment to the City Code to restrict snowmobiles in the urban areas of the City of Shakopee. Chief Hughes reviewed the current snowmobile regulations identifying where the operation of a snowmobile is unlawful. City staff recommended adding the following changes to the current City Ordinance 8.30 Subd. 3. With the added language, the Subd. 3 would read: Operation of snowmobiles shall be prohibited in urbanized areas of Shakopee, as defined by location bounded by: 1- South and East of C.R. 101, North of U.S. 169, and West of C.R. 83, 2. East of C.R 17, South of 169, West of C.R. 83, and North of Valley View Road. 3 _ West of C.R. 18, North of future C.R. 21, East and North of Dean's Lake, and South of U.S. 169. These prohibitions shall not apply for snowmobile operation on established (signed) Snow Trails. Cncl. Morke asked if the land where the Jr. High School is was covered by these regulations_ Jim Thomson, City Attorney, stated that land was not covered by these regulations but that there is a provision in the Code that states it is unlawful to operate a snowmobile on any public property where prohibited by an order of the City. The Jr. High property can be posted with an order by the City that no snowmobiling is allowed_ Chief Hughes had a graphic of where these restrictions were located. He also pointed out some areas of the signed snow trail. The signed snow trail is along the boundary of 169. The City does have some problems in enforcing the current snowmobile ordinance. There have been many more (54) snowmobile complaints to the police department this year. Occasionally the snowmobilers will run on the police when they see the police come up. The Shakopee Police Department has a very good working relationship with the Scott County Sheriff's office. The Sheriff is more than willing to assign an officer within the City of Shakopee to help with the snowmobile enforcement. Currently the City of Shakopee does not have a snowmobile patrol or a snowmobile. We do not have a snowmobile because the County's can be used by the City of Shakopee. We are trying to f locate some training for our officers. We work very closely with our local snowmobile club. Mayor Brekke felt the drainage ways in the City of Shakopee appeared to be a problem for the City of Shakopee with snowmobilers. He requested the Police Chief to enforce the current ordinance or the City of Shakopee will be looking at a total ban of snowmobiles. Cncl. Morke felt the current snowmobile ordinance was not that tough. Cncl. Sweeney felt some areas of the current snowmobile ordinance were restrictive enough. He stated the snowmobile club of Shakopee has been helpful in addressing some of the violations to the current ordinance. He wanted to know what the snowmobile club and the City of Shakopee could do in concert to address the snowmobile problem_ Cncl. Amundson felt the biggest issue was the enforcement issue. Cncl. Amundson asked the Police Chief if officers would be taken off of patrol or would overtime be needed to address the enforcement of the snowmobiles? At this time, it is unclear how this enforcement will be handled. What is known is that the Police Chief would like to partner with the local snowmobile clubs. Official Proceedings of the Shakopee City Council Training and education is needed. January 2, 2001 Page 5 Cncl. Sweeney was willing to spend overtime funds to address the enforcement of the snowmobile ordinance. If it was needed, he was also willing to purchase a snowmobile. Police Chief Hughes commented that a violation of this current snowmobile ordinance is a misdemeanor. The fine could be $700.00 or 90 days in jail, the current ordinance says the snowmobile shall be impounded for a length of 60 days. Cncl. Morke felt overtime would be needed for the Police Department to enforce the snowmobile regulations. Mayor Brekke asked for public comments. Kim Workmeister, Vice - President of the Scott County Snow Trails, approached the podium to address the Council. He is also the snowmobile safety instructor for that club. He wanted to address a couple of the questions. State Law covers riding on public property. He agreed the issue was enforcement. The snowmobile club totally supported the enforcement of the snowmobile ordinance. He pointed out the State a few years ago passed a law that if you flee an officer on a snowmobile, it is a felony. The enforcement can happen, it just needs to be organized. According to Kim Workmeister there are a lot of snowmobilers out there that do not know the laws. Cncl. Morke asked what kind of license is needed for a snowmobile. Kim Workmeister replied the license needed varies. He thought the City of Shakopee could get some grants for snowmobile enforcement through the DNR sheriff's office Cncl_ Link asked Chief Hughes to explain how to make a citizens arrest. Chief Hughes explained. Ruth Mosher, 1128 Goldenrod, approached the podium and addressed the Council_ She felt the snowmobile club members were not the offenders. - The intervention being done now is not effective addressing the snowmobile problem. Chief Hughes felt perhaps the drainage ditch was not illegal to snowmobile in. Others thought differently. Chief Hughes did feel that some language changes to the snowmobile ordinance should be considered. Chuck Doherty, from the River Trail Trailblazers, approached the podium to address the Council and to let the Council know that his snowmobile club is willing to work with the Police Department. He would like to see the snowmobile laws published in the Shakopee Valley News. Tom Temple, 1812 Larkspur Count, approached the podium and addressed the Council. He stated that near to Ruth Mosher home, there was a sign place between the walking path and drainage path that said no snowmobiles or motorized vehicles. Where does this mean no Official Proceedings of the January 2, 2001 Shakopee City Council Page 6 snowmobiles or motorized vehicles? He had a graphic of this sign. He stated he would rather send his children out in the front yard to play by the street instead of playing in the back yard because of the snowmobiles that use the drainage ditch and go through the back yard. It is dangerous for his family to have snowmobilers in his back yard. Ron Weinzierl, 10 Avenue and Naumkeag Street in Shakopee, approached the podium and addressed the Council. He had people who bothered him and his family just as much as the snowmobilers bothered the people in the audience this evening. He felt there needed to be education and there needs to be some rules. Mayor Brekke felt the City of Shakopee was past the point of education. Enforcement was needed now. Wendy Edberg, 815 Larkspur Court, approached the podium and also agreed that education was needed. She agreed also that enforcement was needed. She did not want to see snowmobiling banned. Jim Thomson stated that the state statue authorized cities to regulate snowmobiling on public land but does not prohibit it itself except on certain rights -of -way. Sweeney/Morke moved to direct staff to bring back to the Council some modification of City Ordinance 8.30, Subd. 3. Operations. He would like a letter K added that says no snowmobiling on public property that is not specifically posted for snowmobile use. Mayor Brekke stated that if this motion passes Staff would come back with an ordinance amendment that would prohibit snowmobiling on public property unless that public property is signed to allow snowmobiling. Motion carried unanimously. Sweeney/Link moved to direct staff to have some handouts commercially printed that show the snowmobiling rules and these flyers are to be made available to the snowmobile clubs so they can hand them out when needed. Motion carried unanimously. Sweeney/Morke moved to direct staff to fund overtime for the police department to enable them to enforce the snowmobile regulations in the amount of $5,000 and for training in the snowmobile regulations. Cncl. Morke felt these were appropriate steps deemed necessary by Police Chief Hughes. Motion carried unanimously. Sweeney/Link moved to direct staff to go out for bids on a snowmobile and purchase a snowmobile with the cost not to exceed $10,000. Motion carried unanimously. Official Proceedings of the January 2, 2001 Shakopee City Council Page 7 According to Cncl. Sweeney the State Trail is owned by the State of Minnesota, DNR. These snow trails are marked by the owner for snowmobiling use and they are public property. Cncl. Morke stated these are steps being taken to circumvent the City of Shakopee instituting a complete snowmobiling ban. If the steps don't work then perhaps the next step is a ban. There are a lot of cities that do not allow snowmobiling. Cncl. Sweeney was concerned that there were no citizens at the meeting that were concerned about this issue other than snowmobile club members. Mayor Brekke felt there needed to be steps in place for the Police Department to use as soon as the snow falls. Sweeney/Morke moved to approve the designation of the Shakopee Valley News as the official newspaper for the City of Shakopee for the year 2001. (Motion carried under the Consent Agenda.) Sweeney/Morke moved to approve the application and grant a Tattoo License to Michael Malone, Body Art, 205 South Lewis, Street, Shakopee. (Motion carried under the Consent Agenda) Sweeney/Morke moved to retain Kern, DeWenter and Viere as auditors for the fiscal year 2000 at the proposed amount of $19,350 plus other related services for a total of $24,100. (Motion carried under the Consent Agenda.) Sweeney/Morke moved to affirm the renewal of the workers compensation with the League of Cities Insurance Trust for a deposit premium of $82,930. (Motion carried under the Consent Agenda) Sweeney/Morke moved to approve the application and grant a massage center license to Craig Ballard dba/Salon St. John at 705 First Avenue East upon compliance with the requirements of the City Code_ (Motion carried under the Consent Agenda_) Mr. Michael Leek reported information on the proposed Metropolitan Livable Communities application for Scott County HRA Bluff Avenue urban village site. The Scott County HRA has acquired tax - forfeited property located on Bluff Avenue North of SA. He had a graphic showing this property as well as the concept that Scott County HRA had for this site. Bill Jaffa, Executive Director of Scott County HRA, has approached City staff and asked if the City would be willing making application for demonstration funds under the Livable. Communities Demonstration Program administered by the Metropolitan Council for a project here. The project that Scott County HRA has in mind is an affordable housing project consisting of 1 to 4 units for rental town homes. This was put before the EDAC because Michael Leek wondered if this is a good redevelopment to spur additional activity to the riverfront corridor. The EDAC did take action and recommended this as a desirable project and the City of Shakopee should proceed with an application for Livable Communities Demonstration funds. Official Proceedings of the Shakopee City Council January 2, 2001 Page 8 Cncl. Link asked if this area or part of the area was in flood plain. Mr. Leek said part of the land is undevelopable because it is in flood plain, but not all of the land is in flood plain. Cncl. Sweeney felt this land was unlikely to develop except in this way. Sweeney/Link moved to direct staff to 1) Proceed with the rezoning to facilitate the project, 2) work with the HRA to secure Livable Communities Demonstration funds for the proposed project and 3) Amend the Comprehensive Plan accordingly. Motion carried unanimously. Sweeney/Link moved to adjourn the meeting to Tuesday January 9, 2001, at 5:00 p.m. The meeting adjourned at 8:48 p.m. Motion carried unanimously. J, Q-(-, Ju ith S. Cox ity Clerk Carole Hedlund Recording Secretary OFFICIAL PROCEEDINGS OF 01 1 ADJ. REGULAR SESSION SHAKOPEE, MMNNESOTA JANUARY 9,2001 The meeting was called to order at 5:07 p.m. with Council members, Link, Amundson, Sweeney and Mayor Brekke present. Absent: Council member Morke. Also present: Mark McNeill, City Administrator; Bruce Loney, Public Works Director; R. Michael Leek, Community Development Director; Tracy Coenen, Management Assistant. Present from Scott County were: Mike Sobota, John O'Loughlin, Steve Johnson, Vice -Chair of the Scott Hennepin Park Advisory Board, Art Bannerman and members of the Scott Hennepin Park Board: Doug Bryant, Secretary of the Board of Hennepin Parks and Superintendent of Hennepin Parks; Tom McDough, Director of Natural Resources; Jeff Brockley, Legal Advisor for Hennepin Parks; and Board members of Murphy's Landing, Dennis Kelly, and Phyllis Miller. There were a variety of topics to be discussed this evening and the meeting was informal with no pledge of allegiance at this work session meeting. Link/Sweeney moved to approve the agenda. Motion carried unanimously. Mark McNeill, City Administrator, reported on the proposal for the operation of Murphy's Landing by Hennepin Parks. There are still some items that need to be resolved. Some details have been negotiated, and are presented to the Council in Draft form for discussion this evening. Doug Bryant, Secretary of the Board of Hennepin Parks and Superintendent of Hennepin Parks appeared. A video was presented giving an overview of what Hennepin Parks does. The Park District was created in 1955 and fully activated in 1957. This is the only park district in the State of Minnesota. Hennepin Parks are a multi county agency. They have property in six counties and work servicing these counties and at least 50 municipalities. Hennepin Parks is a park district that is a natural resource based organization. Interpretive education is a large part of Hennepin Parks business. Hennepin Parks has three full service interpretive nature centers and a number of satellite facilities. Historical preservation and interpretation is why the District is interested in working with the City of Shakopee, Scott County and the Board of Directors of Murphy's Landing. Hennepin Parks has a presence in Scott County and it is hoped by Hennepin Parks this presence will increase_ At present they work with the Scott County Board of Commissioners and the Cities, together they manage the Spring Lake Regional Park, Clearly Lake Regional Park, and Murphy- Hanrehan Park Reserve. They also work with regional trails. Cncl. Amundson asked if Hennepin Parks envisioned using Murphy's Landing as a year -round facility? Hennepin Parks would like to develop a master plan for the site over the next 6 months to a year, working with the City, the County and the Park District. They would like to operate Murphy's Landing for twelve months out of the year, but a master plan will need to be developed before this decision can be made. All of Hennepin Parks other facilities and interpretive centers operate on a twelve -month basis. Official Proceedings of the January 9, 2001 Shakopee City Council Page 2 Mayor Brekke asked Mr. Bryant if, during the Comprehensive Planning process for Scott County, the Scott - Hennepin Advisory Board and Scott County had any discussions that would lead to any future parkland in Scott County. According to Mr. Bryant, these discussions have taken place and the Scott- Hennepin Advisory Board has had input into the park plan of Scott County. The Comprehensive Plan calls for the Scott- Hennepin Park Advisory Board to identify sites and make recommendations to the Scott County Board. Scott County is a member of the Metropolitan Regional Parks System as is Hennepin Parks. It is hoped that if Hennepin Parks works with Scott County on additional sites for open space and regional parks, that we would get a significant amount of support from the State and the Council as part of the regional park system to expand the number of sites in Scott County. The State has grants available for this park expansion. Mayor Brekke stated he was very comfortable with this arrangement between Hennepin Parks and Murphy's Landing. He was excited for this opportunity for the residents of the City of Shakopee and the surrounding areas. He felt this was a very good thing for Murphy's Landing. Cncl. Sweeney asked about the State trail extension that passes through Murphy's Landing and the draft agreement before them. This trail bisects Murphy's Landing east and west_ Cncl. Sweeney is willing to support this agreement if the City of Shakopee retained title to the west end of Murphy's Landing where there is some activity by the residents now down along the river (swimming and boat landings). Mark McNeill said these items that the Council is interested in could be negotiated with Hennepin Parks and Murphy's Landing. What the Council is discussing is basically the conveyance of the property from the City of Shakopee to the Park District. There is a current lease with the Minnesota Valley Restoration Society, which will expire in February of 2002. This lease would be terminated with an agreement between Hennepin Parks, Murphy's Landing and the City of Shakopee and any existing debt would be the responsibility of Hennepin Parks or the Minnesota Valley Restoration Society. This debt would be negotiated between the Minnesota Valley Restoration Society and Hennepin Parks; the City of Shakopee would not become involved. The major feature of the conveyance would be a reversionary clause that if the Park District failed to operate the living history museum that preserves and interprets 19` century life in the Minnesota River Valley it would revert back to the ownership of the City of Shakopee. Mr. Bryant alluded to a master plan that the City of Shakopee would have the opportunity to review and approve. There are still some questions involving existing residential concerns and two contracts for commercial ventures near /at Murphy's landing. Tonight was to see if the Council was comfortable with this as a concept. The Park District does understand that there will be some rehabilitation costs to the structures at Murphy's Landing as well as other capital costs. Cncl. Sweeney stated that it seemed the direction was to move forward with this process. Mayor Brekke wondered if some areas of the Draft regarding Murphy's Landing were too specific. The City of Shakopee is after historical interpretation and preservation. Official Proceedings of the Shakopee City Council January 9, 2001 Page 3 Mr. McNeill asked Jeff Brockley, Legal Advisor to Hennepin Parks, to address the revisions to the agreement if mutually agreeable to both sides. Mr. Brockley said he and Jim Thomson, City Attorney, agreed there needed to be some changes to the agreement and this can be done. There needs to be some flexibility in the agreement. The master plan put together by the Park District is important in addressing some of these issues. Murphy's Landing is a museum that has historical value; it is not just a regional park. Mr. Leek gave a brief introduction on the review of the Scott County Comprehensive Plan. The Scott County Board of Commissioners has adopted the Scott County Comprehensive Plan. It has been submitted to the local jurisdictions and the Metropolitan Council for concurrent review. There is a requested deadline for comments. City staff has made some comments in written form_ The purpose of Michael Sobota, Community Development Director for Scott County, being here tonight is to provide a more extensive introduction to the Comprehensive Plan and to take any more comments. Michael Leek asked for direction for City Staff if there were any further comments that needed to be written regarding the Scott County Comprehensive Plan. Mayor Brekke stated that some of the discussion tonight would affect the neighboring townships because of the way these townships were envisioned in the Comprehensive Plan. The Mayor welcomed Jerry Mareck, Supervisor with Jackson Township and Rose Menke, Clerk for Jackson Township. They were invited to make comments as equal partners of the plan. Commissioner Art Bannerman made a couple of background comments. Scott County realized that they needed to manage their county more effectively in the future. The growth needs to pay for itself. The County needs to become stewards of the land and that includes roads, water management, parks, environment etc. Scott County needs to work with the local units of government to achieve the compatible land use goals. The growth of Scott County includes agricultural, rural residential reserve, urban expansion areas, and a desire to preserve an option for future development. The number one issue in Scott County is transportation. Scott County needs to expand parks, open space and have a trail policy in the future. Mr_ Sobota approached the podium and stated that he has been busy working with many of the issues that pertain to growth management including the completion of the Draft Comprehensive Plan_ Some issues Countywide that impact growth management are expected to continue and this growth is expected to intensify because of many issues in the Metropolitan areas. He went through the process that has taken place to date and the involvement of many of the various interests interested in growth management throughout the County. The county residents were asked to identify what some of these growth issues were. The County is hoping for the completion of the plan review comments and completion of the County's new zoning and subdivision ordinance requirements by March 28, 2001 so the moratorium can be lifted March 29, 2001. There have been numerous work sessions with the township boards on issues that the townships are experiencing. The development community has also been met with. Many people and public hearings have been held regarding the Comprehensive Planning process and now by unanimous vote of the County Planning Commission and the County Board, they have submitted the regional review draft for your review. The Plan includes basically four chapters. 1) Land use, 4) natural resource preservation and 2) transportation plan update, 3) parks, trails and open space, Official Proceedings of the January 9, 2001 Shakopee City Council Page 4 management. Timing and future options are very important for a growth county. "When" can be just important as "how". Scott County wanted to preserve options for the future through the management of the process. Some of the goals were pointed out in the Scott County 2020 Comprehensive Plan Update. There was discussion on some of the goals and policies of the Scott County 2020 Comprehensive Plan Update. This is a look at a countywide cohesive approach to growth management. This would provide consistency In the Plan the relationships have been recognized between the County and the town boards. Under State Law, the County Board has the authority and the responsibility related to land use, the townships are responsible for the roads in the township and the storm water maintenance for those same systems. These relationships need to be worked on. The coordination of the land use between the County and the eight cities needs to be looked at. Areas have been identified around each of the Cities within Scott County that need to become more urbanized. The County has identified specific policies regarding the development within the areas long term growth within those urban expansion areas. The goals were addressed and input on these goals. The County wants to be prepared for growth. Specific policies were identified, such as: subdivision size and requirements, ghost platting and the identification by the developer of the location of pipes. This plan does not say that townships go out of business thru annexation. This plan says urban services and urban development is what is important. The unit of government that will be the ultimate end operator of the systems will be for the town boards and the City to discuss to come to a on_ The County will be an active participant in these discussions. As long as the township and the City agree on the direction the County will remain neutral. The County wants to work with the Cities and townships to solve the long -term growth problems. Fiscal responsibility in relation to the Cities and the townships is also being looked at. The County stands as a partner with the Cities and the Townships. The Parks, Open Space and Trails policies were also addressed. There is a good relationship with Scott - Hennepin Parks, and therefore, the County sees no reason to have a park board. There is a joint powers agreement to continue the relationship with Scott - Hennepin Parks and for them to continue to operate the three units with Scott County. This is the direction that Scott County is taking regarding park, open space and trails. Scott County will be actively looking at putting together an acquisition and development program Mayor Brekke set the stage and said the main purpose of the discussion tonight is to discuss the impact of the urban expansion area in this commercial industrial area along 169. This impacts Jackson Township and the City of Shakopee. Do we have any input that could change the plan prior to March? The area south of the by -pass along 169 is an area being identified without regard to the City's land use plan. The City's concern with the commercial reserve area is the compatibility of all the City housing with all the commercial reserve in Scott County's Comprehensive Plan. It is not the intent of the City to have a corridor of commercial like it is shown in the County's Comprehensive Plan to present problems for the City of Shakopee. Cncl. Sweeney had more concerns regarding the County's land use plan. The Urban Expansion Area identified in the County's land use map is flood plain. Mr. Sweeney felt it was not identified correctly_ Mr_ Sobota will look into this identification. The school has land right in the middle of the County's commercial reserve area. It was hoped to keep residential development out of the area south of 169 until all urban services were completed. The integrity of this area was to be maintained. If this area is proposed to be commercial reserve, this sends the wrong signal to the landowner and creates an expectation that in the future this will become commercial. The City of Official Proceedings of the January 9, 2001 Shakopee City Council Page 5 Shakopee and most likely Jackson Township would not support this area being commercial. According to Mayor Brekke and Jerry Mareck, a Supervisor of Jackson Township, making this proposed commercial area urban residential was a much better choice. The City and Jackson Township requested the County to change the land use designation from commercial reserve to urban expansion residential. Cncl. Sweeney concurred with Mayor Brekke that identifying this area as commercial reserve sends the wrong signal to the landowner and creates an expectation that in the future this will become commercial. Mr. Leek had additional comments for Mr. Soboda to consider. After reviewing the Comprehensive Plan again, he was not sure if the way the County designates the urban expansion area specifically precludes other land uses other than residential. Cncl. Sweeney said the City of Shakopee has a long range trunk sewer plan and this did not seem to be incorporated into the County's plan. County Road 79 appears to be the next in line for the Trunk Sanitary Sewer. Mr. Loney said this line would serve the school with gravity. Mr. Mareck had a couple of points to address. Jackson Township wanted to be involved in discussions regarding the township. He wanted it explained where this future sewer and water line would go. Mr. Loney gave the specific locations at this time. Mayor Brekke directed that a trunk sanitary sewer plan be given to Jackson Township, Mr. Soboda wanted to work with the City and Jackson Township on a meaningful orderly annexation agreement. This orderly annexation agreement with Jackson Township and the City of Shakopee will be an extensive planning process. The City of Shakopee, Jackson Township and Scott County hope to come to a mutual agreement as to what this plan should look like. Cncl. Sweeney discussed with Norbert Theis, Chair of the Jackson Town Board the position of 17` Avenue. This is important to Jackson Township. 17`" Avenue will run through part of Jackson Township. 17 Avenue needs to have an on the ground corridor identified very soon. Mr. Loney thought the next action Scott County should take is to map out a corridor of 17`'' Avenue through Jackson Township. Jackson Township and County need to do this. It is their jurisdiction. The township can make this comment. Mr. Leek suggested this corridor identification needs to start with the County and then continue with the orderly annexation agreement. The County is looking at taking over 17' Avenue and there is some disagreement with the Jackson Township Plan where this roadway would align and where Brad Larson, of the County, has indicated where he feels the roadway should align. Mayor Brekke felt a follow -up to this meeting should be to get a letter to Scott County requesting that a corridor for 17 Avenue be identified. Mr. Leek said months ago this request was made to Brad Larson. The appropriate action now felt by Mr. Leek was to make a comment on this corridor on the transportation plan. Mr. Leek will follow -up on this corridor action. Mayor Brekke was more comfortable with the City of Shakopee taking responsibility to see that a corridor for 17"' Avenue is identified. Cncl. Sweeney was okay with this action as long as Jackson Township was okay with the City taking this responsibility_ The City of Shakopee needs Official Proceedings of the January 9, 2001 Shakopee City Council Page 6 more joint meetings with Jackson Township. Mr. Mareck thought these frequent meetings between the City and the Jackson Town Board lead to an orderly annexation. Mr. Soboda said he would be available at the County staff level to assist the City staff in putting together an overall outline for an orderly annexation process and to work with the Jackson Town Board to put some time horizon on the planning process to address these issues. Mayor Brekke also wanted to discuss the commercial industrial area, west and north of 169. The surface of this area north of 169 is bedrock. It would be very difficult to put in sewer and water after development is already in. It would be very difficult to annex in the future because of the cost of sewer and water in the area. An analysis of the existing uses was done. No new land is anticipated to open up for commercial development. In this plan many requirements have tightened up commercial development and the County's standards have become much greater. Storm water now needs to be addressed by the developer or the township. Potential expansion for commercial properties already on site will be problematic for the County to deal with. It was noted that this area of commercial/industrial was not a change in land use. The density in this area is not very high according to Mayor Brekke_ Mayor Brekke requested that an overlay of commercial reserve be considered for the commercial industrial area within the County Comprehensive Plan. The County Board and the County Planning Commission preferred to see the standards raised. Mayor Brekke asked Mr. Mareck what development could be done now. Mr. Mareck replied nothing could be done at this time in Jackson Townships based on the restrictions that the County had imposed. Mayor Brekke asked if this plan went into effect as is significantly would this affect Jackson Township's ability to develop_ According to Mr_ Mareck there would still be no development possible until sewer and water came. Mr. Soboda replied to Mr. Mareck's comment Mayor Brekke asked if this plan really only allowed urban commercial industrial. Mr. Soboda said a rural commercial industrial could be done if the roads were brought up to standards and the storm water off -site issues are addressed and ponding and impervious surface is addressed. The only residential building allowed in Jackson Township is a 1 in 10 cluster. The follow -up items are: 1) request the County to change the Commercial Reserve area to Urban Expansion in the 2020 County Comprehensive Plan 2) set an on ground corridor for 17 Avenue and 3) schedule future meetings with Jackson Township regarding an orderly annexation agreement. Mr. Loney introduced the review of the Prior Lake Outlet Channel Feasibility Analysis Improvements. A feasibility report was authorized by the City on August 3, 1999 as a joint venture between the Prior Lake Spring Lake Water Shed District and the City of Shakopee. This was a study to upgrade the Prior Lake Outlet Channel as future development occurs and there is ultimate develop in this area. We have a joint powers agreement to allow water out of Prior Lake but this agreement may not be satisfactory in the future. One of the goals of the feasibility report is to provide data for a future revised joint powers agreement between the City of Shakopee and Official Proceedings of the January 9, 2001 Shakopee City Council Page 7 the Prior Lake Spring Lake Water Shed District. Some design alternatives have been designed and we would like direction on these design alternatives. We would also like some direction on the cost split between the Water Shed District and the City of Shakopee. Pete Willenbring of WSB and Associates was present at the meeting and he presented the analysis of the Prior Lake Outlet Channel Feasibility Improvements. We have worked together to come up with an approach that would be acceptable to all parties. The feasibility study needed to recommend a design for the outlet from Prior Lake for now and in the future that would provide adequate capacity. Currently the outlet can take from Prior Lake about 35 CFS per minute at its peak. It is anticipated that approximately 50 CFS would be the rate needed for CFS. Because of the flooding being experienced on Prior Lake an even higher rate may be desired. Discussions with the Watershed District seem to indicate that 50 CFS is appropriate. Secondly, we need to have a plan that would provide adequate capacity for the water coming into the channel from the City of Shakopee. This project consists of water from Prior Lake and water from areas of Shakopee. The flow rate from the City of Shakopee is anticipated at 620 -630 CFS at their peak from fully developed areas. We needed a plan to stabilize the ongoing erosion in the channels. The ongoing maintenance of the current channel is very costly_ We need to look at the easements that may be needed under existing and future conditions to construct any improvements for the outlet channel. The City of Prior Lake and the Lower Minnesota River Watershed District also have an interest in this project. We need to develop a design that is compatible with the water quality management considerations from Dean's Lake and a cost share formula needs to be determined. Water will be coming from different areas at different flows; this cost share agreement will be hard to come up with. Some design alternatives were explained. What we have now is a very high maintenance channel with a low capital cost. It might be beneficial to select a higher capital cost channel but one with a much lower maintenance cost. The estimated costs just for construction of a new channel would be somewhere between $1,500,000 and $3,600,000. WSB identified approximately $1,700,000 in easements that would be needed in addition. Four options were looked at for cost share funding. WSB thought it was reasonable for the City of Shakopee to pay somewhere between the 40 % -60% range of just the cost for a new channel. WSB thought this was reasonable for all parties involved. Cncl. Sweeney thought perhaps this was an area to include Scott County in because of the greenway areas and this might have something to do with the County's trail planning. Mayor Brekke asked Mr. Loney if this could be added to the agenda of the City Council meeting for January 16, 2001- Mr. Loney said Prior Lake, Spring Lake Watershed District is meeting on this January 9, 2001 (tonight) also and perhaps the City of Shakopee should wait for their comments. Maybe the February 6, 2001 meeting would be a better date. The consultants have recommended a channel with a higher initial cost but a much lower maintenance cost. The timing of these channel improvements needs to be looked at also. Prior Lake may want this new channel much sooner than the City of Shakopee would need one. He would like to continue the negotiations and bring this issue back once the Prior Lake Spring Lake Water Shed District has given some comments. For aesthetic purposes, Mayor Brekke liked the grassy channel idea better as opposed to the channel with the stones and riprap. Prior Lake wants to get this decided. We will have a need to Official Proceedings of the January 9, 2001 Shakopee City Council Page 8 have this channel improvement once development starts in certain areas. Cncl. Sweeny felt more information was needed on the issues regarding this channel before a workshop should be scheduled. Prior Lake historically has had problems with this channel. He would like to see what Prior Lake proposes. Cncl. Link would like to see a graphic of the area benefited by this channel. The street width issue was not discussed because the time limit of the meeting had been exceeded. Mr. Leek approached the podium and asked that the item to discuss Street Width issues be put on the agenda for the City Council meeting of January 16, 2001, to set a workshop date to discuss Street Width issues. Sweeney /Amundson moved to adjourn the meeting to Tuesday, January 16, 2001 at 7:00 p.m. Motion carried unanimously. Judith S_ Cox ity Clerk Carole Hedlund Recording Secretary CITY OF SHAKOPEE Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance director RE: City Bill List DATE: February 1, 2001 Introduction and Background Attached is a print out showing the division budget status for 2000 based on data entered as of 2/1/2001. Also attached are two regular council bill lists for invoices processed to date for council approval. One is generated from our old software which has 2000 business only. The other generated from our new software is 2001 business only. There is not an "Expenses By Department" report on the new system for 2001 business at this time. Also included in the checklist are various refunds, returns, pass through, etc. totaling $76,523.04. The actual net expense amount is $282,866.00. Attached are two different bill lists for 2001 business on the new system. One has more detail on it similar to the old report. The other has less detail because it only lists total payment to a vendor and not the individual invoices and is only three pages. Council should decide which format it desires. The shorter version is recommended to save paper, printing and storage space while giving Council a bigger "picture" of the bills. Action Requested Move to approve the bills in the amount of $359,389.04. 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N o 7 O CA O N O O O O N O V' O U o 0 0 o 0 0 o 0 o CITY OF SHAKOPEE EXPENSES BY DEPARTMENT 12/31/00 CURRENT YEAR ANNUAL MONTH TO PERCENT DEPT DEPT NAME BUDGET ACTUAL DATE EXPENDED 00 N/A 0 288,926 288,926 0 11 MAYOR & COUNCIL 80,130 3,312 76,627 96 12 CITY ADMINISTRATOR 310,820 63,360 316,026 102 13 CITY CLERK 219,290 28,703 188,520 86 15 FINANCE 459,990 45,314 432,246 94 16 LEGAL COUNSEL 343,500 30,201 341,749 99 17 COMMUNITY DEVELOPMENT 574,780 77,135 611,146 106 18 GENERAL GOVERNMENT BUILDINGS 253,840 37,659 239,473 94 31 POLICE 2,173,740 297,812 2,090,059 96 32 FIRE 729,660 101,530 758,912 104 33 INSPECTION- BLDG- PLMBG -HTG 428,070 71,347 499,684 117 41 ENGINEERING 571,650 81,245 698,620 122 42 STREET MAINTENANCE 907,970 117,551 762,307 84 44 SHOP 156,240 20,019 144,958 93 46 PARK MAINTENANCE 679,730 62,643 537,110 79 91 UNALLOCATED 995,940 -7,424 613,944 62 TOTAL GENERAL FUND 8,885,350 1,319,331 8,600,308 97 00 N/A 0 222 222 0 17 COMMUNITY DEVELOPMENT 509,990 61,738 401,105 79 TOTAL TRANSIT 509,990 61,959 401,326 79 19 EDA 247,380 76,883 200,043 81 TOTAL EDA 247,380 76,883 200,043 81 I N I � 1 I tL I a I �Iaa M I H I H I 0 CA I o a�1 o I I w 0• rr4 z I I o UI 01rnm i z1',DID H I O O z rx I zW1 _. 0 m I U UI Z I H ri N N M M I 1 H H N H Cl) M 00 a a, 0,0404 a 04 04 xxxxxx x x - x x x x x x x H HHHH H HH 000000 0 00 0 0 0 0 0 0 0 cr) w z w w W O U U C4 0 000000 Cl) 0 0 0 0 0 0 0 ~ E, U W O O O O (D co O) 01 0 0 0 0 0 0 Ln M H H O N 0000 O1 0101 NNNNNN H zHzH In O rl m O 0 U) Ln U) U) 1 4 1 V d N O co co co CO Ln CO M Ln .-L ID 0 a) to U lD l0 l0 lO to w l0 N N N N N N �lo r- h Ln (D U) p; Ln cr O W 0 0 0 0 O 0 0 N N N N N N Ln co c0 L� N lD W M H O (� 0000 O OO HHHHHH Id r- r- M H O< Q W O h O O O O O O 00 H H H H H H co O O O O N W O O O H M H M H CO CO W N N N N N N h M M Ln H CO co U) w a � M ,-i M MNMN M M M MC')MMMM a N N N M N cr1 I N M V� C d' d� V dL VL V d d d' d' 'll M c3 �, d' d d M rH d+ i I I I I i I I I I I I I I I I L 1 1 i O H l0 HHd'Hl0 � Md HHMHHH H HH H N O VL H H H h H HLn N Ln U) MU)NNr- N Ln a' V I OO Ol N Ln N M H H MMMI` w I- r- HHHHHH h lzvIZI W l0 d h M M M O O O O O O 00 0 0 0 0 0 0 O O O O l0 O O O (D O cr) Cn z w W O U U ~ E, FC W O 1 UWUW H I x zHzH m a> w z H I w wawa w ww w w a w H w a I m H a H a U UU H E- E cn w H z H H I CO a m a H H H H z z co E H C!) 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D1 P7 U] W 1 H 'l' O H CO N O O O H L() O 1 O 1-1 N N d' L() M 'C In co N V 1 O H d' d' d' lzv h h h � M CO i 1 t 4t Ot t 7k 4t 7t 4k =9k Yk J �D �D �D �D 1 C14 CL Cz, G, C�4 W CTl fTl W Cz. W 44 r CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Vacation of Easement within Shakopee Valley Marketplace MEETING DATE: February 6, 2001 KTJ, LLP has submitted an application for vacation of an easement within Lot 1, Block 1, Shakopee Valley Marketplace in connection with the proposed Kohl's Department Store. The proposed area for vacation is located within Lots 1 and 2, Block 1, Valley Park 6 Addition. City staff has not received any adverse comment to the proposed vacation. However, there is a SPUC watermain within the easement and both engineering and SPUC staff have recommended the addition of conditions that require KTJ to relocated the watermain at its own expense, and subject to SPUC and city approval. Engineering has also recommended the payment of a review /inspection fee equal to 8.5% of the estimated costs to relocate the public improvements. Conditions addressing these recommendations have been included in the attached resolution. • 1' 1 1' 1 pla 1 The Planning Commission reviewed the proposed vacation at its meeting of January 18, 2001, and recommended approval of the vacation. A copy of the staff memorandum prepared for the Planning Commission has been attached for the Council's information. ALTERNATIVES: 1. Approve Resolution No. 5479, a resolution of the City of Shakopee approving the vacation of an easement within Shakopee Valley Marketplace. 2. Deny the proposed vacation. 3. Table the decision to allow staff or the applicant time to provide additional information_ 1 5 1 1 Approve Resolution No. 5479, a resolution of the City of Shakopee approving the vacation of an easement within Shakopee Valley Marketplace. R. Michael Leek gAcc\2001 \cc0206 \vackoh1s.doc Community Development Director A RESOLUTION OF THE CITY OF SHAKOPEE SHAKOPEE VALLEY VACATING AN EASEMENT WITHIN LOT 1, BLOCK 1, MARKETPLACE, CITY OF SHAKOPEE, SCOTT COUNTY, MINNESOTA WHEREAS, it has been made to appear to the Shakopee City Council that a portion of an easement described on Exhibit A attached 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., or as soon thereafter as possible, on the 6 day of February, 2001, and WHEREAS, two weeks published notice was given in the SHAKOPEE VALLEYNEWS and by posting such notice on the bulletin boards on the main floor of the Scott County Courthouse, at the U.S. Post Office, at the Shakopee Public Library, and in the Shakopee City Hall; and WHEREAS, all persons desiring to be heard on the matter were given an opportunity to be heard at the public hearing in the Council Chambers in the City of Shakopee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL. OF THE CITY OF SHAKOPEE, MINNESOTA: That it finds and determines that the vacation hereinafter described is in the public interest, That the easement described above serves no further public purpose, and That the easement described above is hereby vacated, subject to the following conditions; a. Relocation of existing utilities shall be undertaken at the sole expense of the applicant, and shall be subject to Shakopee Public Utility Commission and City of Shakopee standards and approval; and b. The applicant shall pay an engineering review /inspection fee equal to 8.5% of the estimated costs to relocate the existing utilities. 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 , 2001. Jon P. Brekke, Mayor of the City of Shakopee ATTEST: Judith S. Cox, City Clerk City of Shakopee 129 Holmes Street South Shakopee, MN 55379 i PROPOSED VACATION OF DRAINAGE AND UTILITY EASEMENT Vacating that part of the drainage and utility easement of that part of Lot 1, Block 1, SHAKOPEE VALLEY MARKETPLACE, Scott County, Minnesota, according to the recorded plat thereof described as follows: Commencing at the southwest comer of said Lot 1, Block 1, thence South 89 degrees 39 minutes 39 seconds East, assumed bearing, along the south line of said Lot 1, a distance of 17.46 feet; thence North 09 degrees 20 minutes 13 seconds East, along a drainage and utility easement line, a distance of 231.13 feet; thence North 03 degrees 14 minutes 57 seconds East, along a drainage and utility easement line, a distance of 262.80 feet to the point of beginning; thence North 34 degrees 38 minutes 55 seconds East, along a drainage and utility easement line, a distance of 149.72 feet; thence North 54 degrees 42 minutes 43 seconds East, - �- along a drainage and utility easement line, a distance of 18.99 feet thence South 83 degrees 03 minutes 38 seconds West, along a drainage and utility easement line, a distance of 45.30 feet; fil�ence South 34 degree 03 minutes 55 seconds West, a distance of 94.25 feet; thence South 03 degrees 14 minutes 57 seconds --- West, a distance of 50.68 feet to the point of beginning. 1, Judith S. Cox, City Clerk of the City of Shakopee, Minnesota, do hereby certify that the attached is a true and correct copy of Resolution No. 5479, presented to and adopted by the City Council of the City of Shakopee at a duly authorized meeting thereof held on the 6` day of February, 2001, as shown by the minutes of the meeting in my possession. Dated this day of , 2001 Judith S. Cox, City Clerk NO CITY OF SHAKOPEE Memorandum Shakopee Planning Commission Julie Klima, Planner II Vacation of Easement within Shakopee Valley Marketplace MME TING DATE: January 18, 2001 Site Information Applicant: KTJ, LLP Site Location: Lot 1, Block 1, Shakopee Valley Marketplace Adjacent Zoni 1g: North: Highway 169 South: Highway Business (B 1) Zone West: County Road 17 East: Highway Business (B1) Zone Introduction The City Council has received a request from American Color Graphics to consider the vacation of a drainage and utility easement located within Lot 1, Block 1, Shakopee Valley Marketplace (see Exhibit A). Discussion The City Council will hold a public hearing on February 6, 2001, to consider this vacation request. A recommendation from the Planning Commission is needed for the vacation process. The applicant is planning to proceed with the construction of a Kohl's department store should the vacation for this area be acted upon favorably by the City of Shakopee. Other agencies, city departments and utilities have been notified of the proposed vacation. Staff has received recommended conditions of approval from Shakopee Public Utilities and the City's Engineering Department. These recommended conditions are as follows: 1. The portion of the easement to be vacated shall be as described by the legal description provided by the applicant and on file. 2. Relocation of existing utilities shall be per the Shakopee Public Utility Commission and City Standards. ;. rin Applicant shall pay an engineeg review /inspection fee equal to 8.5% of the estimated costs to relocate the public improvements. 4. The developer shall relocate the existing water main subject to SPUC approval. Alternatives 1. Recommend to the City Council the approval of the vacation, subject to the listed conditions. 2. Recommend to the City Council the approval of the vacation, subject to revised conditions_ 3. Recommend to the City Council denial of the request. 4. Table the decision to allow staff or the applicant time to provide additional information. Staff Recommendation Staff recommends Alternative No. 1, recommending approval of the vacation to the City Council subject to the listed conditions. Action Requested Offer and pass a motion recommending approval of the vacation, subject to the listed conditions. _ ulie Klima Planner H 0Aboaa-p6200 I \0 I - I gWackolirs_doc ............ ■ M Ll 7th Me PRD FE 1 2) j F9 < RE — I 0 B2— M B AG AG i ii B2 711��O, a ■ REIM] I MTM 07 7=7 1 0 L SHAKO Proposed •• Valley Marketplaczwn 12127100 w Q it LLJ mn 0 fL 0 x � LZ iW CC J Il L:. o 6 4 11 1 4 4: 1 11 Tli ITMIJ 1, La I I �r . it -A4 I t I lg;3 c �: �� E N ��I�� I I BFI If�l ► ��I �� 0 9 i\ \-4111 19-411 Hiffitfl-11- - --- - ----- ---- - ------- - ------- ` - -- -- - -- -- - --- - ---------------- - -- NIZV'dvS 1 1 XiA. 1 I It \7 ------------- -- j I it LLJ mn 0 fL 0 x � LZ iW CC J Il L:. o 6 4 11 1 4 4: 1 11 Tli ITMIJ 1, La I I �r . it -A4 I t I lg;3 c �: �� E N ��I�� I I BFI If�l ► ��I �� 0 9 i\ \-4111 19-411 Hiffitfl-11- - --- - ----- ---- - ------- - ------- ` - -- -- - -- -- - --- - ---------------- - -- NIZV'dvS 1 1 XiA. 1 CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Resolution No. 5480, Approving the Appeal of KTJ, L.L.P. 50 and Granting a Variance for Signage MEETING DATE: February 6, 2001 FINK I1 At its January 16, 2001, meeting the City Council directed staff to prepare a resolution reversing the decision of the Board of Adjustment and Appeals and granting a variance for signage requested by KTJ, L.L.P: 50 for the proposed Kohl's Department Store. The attached resolution has been prepared for approval by the Council. I I 1 The Council is asked to offer and pass Resolution No. 5480, a resolution of the City of Shakopee overturning the decision of the Board of Adjustment and Appeals and granting a 95 square foot variance to allow wall signage of 195 square feet on the north side of the proposed Kohl's Department Store instead of the permitted 100 square feet. R. Michael Leek Community Development Director kohls appl.DOC 9 W mom WHEREAS, KTJ, L.L.P. 50 filed an application for a variance under the provisions of Chapter 11, Land Use Regulation (Zoning), of the City of Shakopee City Code, Section 11.70, Subd. 10. A. 2. for a 95 square foot variance to allow a sign area of 195 square feet on the north side of the proposed Kohl's Department Store instead of the permitted 100 square feet, and WHEREAS, the subject parcel of land is presently zoned Highway Business (B -1); and WHEREAS, the subject parcels of land for which the request is being made are identified by the following property identification numbers; 27- 288001 -0, 27- 288001 -1; and WHEREAS, notice was provided and on January 4, 2001, the Board of Adjustment and Appeals conducted a public hearing regarding this application, at which it heard from the Community Development Director or his designee and invited members of the public to comment; and WHEREAS, the applicant timely appealed the determination of the Board of Adjustment and Appeals, and WHEREAS, the City Council reviewed the appeal of the applicant at it's meeting of January 16, 2001, and WHEREAS, the City Council's reached the following findings with respect to the requested variance and applicable ordinance criteria; kohls appl.DOC Finding L; The ordinance provisions, as applied to the subject property, would cause undue hardship in that the applicant would be unable to effectively sign and identify the property for either passing motorists or persons for whom the proposed retail store is a destination. The inability to effectively sign and identify the property makes it practically difficult for the applicant to successfully operate on the subject site. Finding 2.; The plight of the landowner is due to circumstances unique to the property. The location of the proposed store is distant from 17` Avenue, and the elevation of the proposed store is substantially lower than the elevation of 17` Avenue. In addition, the elevation of the proposed store is lower than that of adjacent STH 169, rendering it difficult to see signage that roachvay Finding 3. The problems relate specifically to the characteristics of the site and adjacent STH 169 and 17` Avenue, and thus extend beyond economic considerations. Finding 4; The variances as requested would be in keeping with the spirit and intent of the Zoning chapter, in that the applicant is not requesting to have any more slgnage than the City Code would permit, but instead seeks to redistribute the allowable signage area. NOW C 1' RESOLVED BY THE CITY COUNCIL OF THE CITY OF 1' MINNESOTA, That the decision of the Board of Adjustment and Appeals is hereby overturned, and the applicant's request for a 95 square foot variance to allow a sign area of 195 square feet on the north side of the proposed Kohl's Department Store instead of the permitted 100 square feet is hereby granted. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 2001. Mayor of the City of Shakopee ATTEST: City Clerk kohls app1.DOC �c7 CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Amendment to the Zoning Map — Rezone property from Highway Business (13 1) to Multiple Family Residential (R3) APPLICANT: DMC Companies MEETING DATE: February 6, 2001 DMC Companies has requested that the City amend its zoning map to rezone property currently zoned Highway Business (B 1) to Multiple Family Residential (R3). The property is located north of County Road 16 and west of Roundhouse Street. At its January 16, 2001 meeting the Council passed a motion approving the request, and directing staff to prepare an ordinance for its consideration. That ordinance is attached for Council consideration. 1. Approve Ordinance No. 592, rezoning property from Highway Business (B 1) to Multiple Family Residential (R3). 2. Do not approve Ordinance No. 592X rezoning property from Highway Business (B 1) to Multiple Family Residential (R3) and direct staff to prepare a resolution denying the rezoning request. Table the decision and request additional information from the applicant and/or staff. ACTION REQUESTED: 4. Offer and approve Ordinance No. 592, rezoning property from Highway Business (B 1) to Multiple Family Residential (R3). x" r R. Michael Leek Community Development Director g Acc\2001 \cc0201 \rezDMC. doc IN I I 1 L =D ,—, e / 1 1, '. I 1 I' 0/ ROUNDHOUSE / HIGHWAY I I MULTIEPLE-FAMILY RESIDENTIAL WHEREAS, DMC Companies, the Applicant, and Mary C. Lindstrand Estate, property owner, have requested the rezoning of land from Highway Business (B 1) to Multiple Family Residential (R3); WHEREAS, the subject property is legally described as follows: That part of the East 3:8 of the North !', of the Southeast Quarter of Section 6, Township 113, Range 22, Scott County, Minnesota, beginning at the Southwest corner of said East 318; thence north along the west line thereof a distance of 230 feet, thence South 89 degrees 42 minutes and 30 seconds East, parallel with the South line of said East 31'8 of the North '/2 of the Southeast Ouarter, a distance of 303 feet; thence South a distance of 230 feet to the South line of the East 318 of the North 'lz of the Southeast Quarter; thence North 89 degrees 42 minutes 30 seconds West, along said line, a distance of 303 feet to the point Qf heginning; and WHEREAS, notices were duly sent and posted, and a public hearing was held before the Planning Commission on January 4, 2000, at which time all persons present were given an opportunity to be heard, and WHEREAS, the City Council heard the matter at its meeting of November 6, 2000, and found that the proposed rezoning is consistent with the Comprehensive Plan for the area of the City within which it is located. Section 1 - That the zoning snap adopted in City Code Sec. 11.0 is hereby amended by rezoning the property referenced herein, from Highway Business (B 1) to Multiple Family Residential Section 2 - 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 , 2001. Mayor of the City of Shakopee Attest: Judith S. Cox, City Clerk I Published in the Shakopee Valley News on the day of 1 2000. CITY OF SHAKOPEE Memorandum TO: Mayor & City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Discussion on Prior Lake Outlet Channel Feasibility Study Analysis Project No. 2001 -2 DATE: February 6, 2001 \ V 11 111 1 m(x]e This item is to consider the Prior Lake Outlet Channel Feasibility Study Analysis prepared for the City of Shakopee and the Prior Lake — Spring Lake Watershed District (PLSLWD) by Montgomery Watson and WSB & Associates, Inc. as authorized on August 3, 1999. Attached to this memo is a memo dated January 9, 2001, which was prepared for the January 9, 2001 Council work session, in which staff and Council was to discuss the feasibility analysis on upgrading the Prior Lake Outlet Channel. The purpose of the feasibility analysis was to look at alternative designs for upgrading the channel and associated costs in order to then discuss the revising of the Joint Powers Agreement and future cost sharing of improvements of this channel which will be used jointly by both the City of Shakopee and PLSLWD. In the feasibility report the report outlines the procedures and methods used and assumptions in designing a future channel and what flow would be accommodated. Also in the analysis and the survey work done on this report, eight different segments were identified on this channel from Prior Lake all the way to the ultimate discharge point of Blue Lake. On these segments three different improvement options were considered and these options are as follows: • Select channel improvement option where selected portions of the channel were improved to handle the flows anticipated in the future. This channel improvement design would be less initial costs, however would recognize higher maintenance costs to repair the channel as necessary. • More rigorous channel design which would stabilize the bottom of the channel through some type of armored structure such as riprap or some type of concrete block to stabilize the channel bottom. This channel improvement would be more expensive, however would have much lower future maintenance cost. • The third design considered was to utilize a low flow pipe throughout the length of the channel and that would add approximately 2.7 million dollars to the project and both consultants did not feel this was cost effective. At the meeting it is intended to have representatives from WSB & Associates to present the technical design options and to go over the cost split options that were included in the study for Council review. As mentioned, another portion of the study was to review cost split options between the PLSLWD, the City of Prior Lake and the City of Shakopee. The cost split options included in the report were based on different flow scenarios and areas or volumes which result in different cost share percentages for each entity. One of the discussions points with Council is to provide direction on how to proceed in obtaining a fair cost split with the PLSLWD. One of the difficulties in this is that the City of Shakopee's flow is different than the PLSLWD's flow, which is a more constant flow, whereas the City of Shakopee is more of a peak flow requirement. Staff would also like to discuss with City Council the costs associated with the improvement of this channel to the City of Shakopee as well as the Blue Outlet Channel in which costs have been calculated. It is estimated, in worse case scenario, that if the more rigorous channel design was selected, a cost of $3,680,000.00 plus the easement acquisition costs of $1,700,000.00 totalling $5,380,000.00 for the upgrade of the Prior Lake Outlet Channel. If the City of Shakopee shares 50% of that cost, it would be $2,690,000.00 and it is estimated that the Blue Lake Outlet Channel as shown on the Storm Water Management Plan would have a cost of $2.1 million dollars. The total cost of upgrading major channels in this area of Shakopee would then be $4.79 million dollars. Staff has reviewed the proposed Comprehensive Plan that has been submitted to the Metropolitan Council for review. Much of the area that is tributary to the Blue Lake Channel and ultimately the Prior Lake Outlet Channel is shown as rural residential or Shakopee Mdewakanton Sioux Comminity's (SMSC) property. In the analysis we estimate that there is approximately 1,600 acres of rural residential land plus another 700 acres of SMSC)'s land. In order to pay for the trunk facilities of Blue Lake Channel and Prior Lake Outlet Channel, rural residential property would need to be guided for more urban uses in order to collect the storm trunk fee in order to pay for the channel improvements. If the land still remains rural residential, the channel improvements being considered could be reduced and the cost of these facilities would be less. Staff would like to discuss with Council on the planning of this area and whether or not it would be rural residential in perpetuity or should the City still be planning for urban development in this area. Other issues that staff would like to discuss with City Council would be the timing of improvements either by the City of Shakopee or PLSLWD and also direction on discussing future drainage plans with the (SMSC). At this meeting staff will also provide a brief update on the Blue Lake Outlet Channel feasibility report and options available for the City to consider at this meeting. ALTERNATIVES: 1. Discuss the feasibility analysis on the Prior Lake Outlet Channel report and on the design alternatives for the future upgrade of this channel, associated costs and cost split options between the City of Prior Lake, PLSLWD and the City of Shakopee and provide staff direction on these issues. 2. Table for more information. Staff recommends discussion on the feasibility analysis on the Prior Lake Outlet Channel report and provide staff direction on the design alternatives, cost split options and future designated use of area tributary to the Blue Lake Channel and Prior Lake Outlet Channel. Discuss the feasibility analysis on the Prior Lake Outlet Channel report and on the design alternatives for the future upgrade of this channel, associated costs and cost split options between the City of Prior Lake, PLSLWD and the City of Shakopee and provide staff direction on these issues. �j Bruce Loney Public Works Director BL /pmp CHANNEL CITY OF SHAKOPEE Mnvnnrly"A"rm TO: Mayor & City Council Mark McNeill, City Administrator FROM: Bruce Loney, Public Works Director SUBJECT: Discussion on Prior Lake Outlet Channel Feasibility Study Analysis DATE: January 9, 2001 Attached to this memorandum is a Prior Lake Outlet Channel feasibility analysis prepared for the City of Shakopee and the Prior Lake- Spring Lake Watershed District by Montgomery Watson and WSB & Associates, Inc. as authorized on August 3, 1999. On August 3, 1999, a feasibility report for the upgrade and improvement of the Prior Lake Outlet Channel between the City of Shakopee and the Prior Lake -Spring Lake Watershed District was authorized and reimbursement agreement entered into between the City of Shakopee and the Prior Lake -Spring Lake Watershed District for the feasibility report preparation. Currently, the City of Shakopee has a Joint Powers Agreement with the Watershed District for the outlet flow for Prior Lake drainage into and through the City of Shakopee. In the future a revised Joint Powers Agreement will be needed to address further costs to upgrade the improvements of this channel as development occurs both in the City of Shakopee and the watershed district. A feasibility report was prepared to address the design alternatives and cost estimates with those alternatives for upgrading the channel to meet the ultimate in future design flows of this channel, from the outlet of Prior Lake to Blue Lake in the Minnesota River Valley. Also included are some costs split options between the various entities that benefit from an improved channel. The main purpose for this discussion item at a Council work session is to introduce the main findings of this feasibility study and have Council discuss various cost split options that are included in the feasibility analysis. The Prior Lake -Spring Lake Watershed District will also be reviewing this feasibility report and will be providing comments on the report. Staff recommends discussion on the design alternatives by the City Council for information purposes and Pete Willenbring, of WSB & Associates, will make a presentation on this. Staff will be asking Council for some direction in the design alternatives as well as cost split options with the Prior Lake - Spring Lake Watershed District. Also, staff will be able to provide a brief update on the Blue Lake Outlet Channel Feasibility Report at this meeting. a / 1 To review the feasibility analysis of the Prior Lake Outlet Channel report and discuss the design alternatives for future upgrade of this channel and associated costs, as well as discuss cost split options between the City of Shakopee and the Prior Lake -Spring Lake Watershed District and the City of Prior Lake. ruce Lone Public Works D ector BL /pmp CHANNEL 0 W LL W O O IL � Y U = 0 w O 0 W a LL a 0, } C3 Ri 0 O 0 Z_ d' S cQ W U LLI Y G � J � � _oa R J d F- N 0 U J a O O O S W cn h fq Q O a U LL U O G } c � 0 G F IL tq O o it o o o O O cri ai v LO LO O W j Lf, O 00 ! N i O OV O LD t` j O I C5 It ti to v O W N O) O CD m O co O 'r a) d N V' LO j W O W N O 619. 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N a E c Q w Q 0 H N x 'a rn 0 0 La E E m G: CITY OF SHAKOPEE Memorandum To: Honorable Mayor and City Council Mark McNeill, City Administrator From: Dan Hughes, Police Chief ' Date: January 22, 2001 Subject: New Police Facility Request for Qualifications Architectural Design Services Introduction The Police Department is seeking authorization to formally request the qualifications from architectural design firms for services associated with a new community police facility. Back ,eround The City Council approved the construction of a new community police facility in the year 2003. The planning for the project should begin soon if the project is to remain on schedule. Budget Impact Architectural fees are approximately 9% of a project's construction budget. The police facility project budget is anticipated to be $3 to $3.5 million. The funding for these design services will come from the Building Fund and not the General Fund. Action Requested The Council should, if they concur, by motion, authorize the appropriate City staff to formally request qualifications from architectural design firms for services associated with a new community police facility. • � � � � • ' 11 ,; � , ' • � � • ' �, M 0413 The City of Shakopee is soliciting Statements of Qualification from qualified firms to provide architectural design services for the Shakopee Police Department. Firms with relevant design experience are encouraged to apply. Consideration will be limited to firms, which have demonstrated successful experience in the design of facilities of a similar scope. Statements of qualifications are due by 11:00 a.m. Monday March 5, 2001 to the City Administrator's Office, 129 South Holmes Street Shakopee, MN 55379. Selection will be made through a two -step process. The two steps will include an evaluation of the statement of qualification and an interview for at least the top three applicants of the statement of qualifications. A new Shakopee Police Department is to be constructed on vacant land located on the 500 block of Gorman Street (across the street from the current site). It will replace the current 12,000 square foot police facility located at 476 Gorman Street, Shakopee, MN 55379. The building is planned to include at least 23,500 square feet, with the possibility of expansion. The lead architectural firm selected will join with the City of Shakopee as a client in assembling a full service team comprised of landscape architect, consulting engineers, and other specialty sub - consultants. 1 RFQ SOLICATION March 2001 RFQ - INTERVIEWS March/April 2001 ARCHITECT SELECTED April/May 2001 DESIGN TEAM NOTICE TO PROCEED August 2001 PUBLIC HEARING/FEEDBACK — DESIGN October 2001 BEGIN CONSTRUCTION Spring 2002 CONSTRUCTION COMPLETE Spring 2003 STATEMENT OF QUALIFICATION MUST INCLUDE THE FOLLOWING 1. Letter of interest. 2. Demonstration and recognition of accomplished design excellence in public sector buildings. 3. Experience of the firm as lead architect with buildings of similar scale, complexity, and budget, emphasizing firm's record of meeting estimated budgets and timeframes. 2 4. Identify the structure of the firm; individual, corporation, partnership, other. 5. Identification and resumes of personnel to be directly involved in this project: principal, project architect, others expected to perform work, including those in affiliation. 6. Evidence that the architects and architectural firm are 1) registered in Minnesota 2) meet requirements for insurance specified by County Risk Management. 7. Identify current workload of firm and personnel assigned to project as well as proposed completion date and estimated construction cost. Include name, type, location, owner, firm's role, estimated cost and expected completion date for each. 8. Identify future projects now under contract to your firm or reasonably expected within the next six (6) months. Include name, type, location, owner, firm's role, estimated cost and expected completion date for each. 9. Experience of the firm with police facilities. Please list the police facilities designed/built by the firm. List the police facilities involving proposed or project manager or architect. Provide a detailed description of the role. 10. Experience of the proposed personnel with similar facilities, emphasizing similar budgets and schedules. 11. Demonstrated experience of the firm's design and project management philosophy. 12. Indicate if your firm has worked with a Professional Construction manager. Does your firm take a position on the desirability of using Professional Construction management for police facility projects, please elaborate fully on your firm's management philosophy with regards to Professional Construction management usage. 13. References and authorization to contact them from recent similar projects, to include: personnel, citizen participant, contractor's project manager. 14. Include a current and /or proposed fee schedule for the project. Describe the proposed method for determining the fee relationship. 15. The City has developed an aggressive timeframe for the construction of the new police facility; please indicate in your proposal if such a timeframe is realistic. If such a timeframe is 1) unrealistic or 2) needs to be altered, please include a revised timeframe to meet the opening date of spring of 2003. 16. Provide any other information your firm believes is relevant to help the City of Shakopee evaluate your qualifications. If your firm has NO police facility experience, please explain why the City of Shakopee should consider your firm. 3 The Statement of Qualifications may not exceed 20, 8 1/2 x 11 -inch double -sided pages in length, including photos or graphic material. Tabs with graphics or foldout pages will be counted toward the 20 -page total. Each applicant must also submit the Statement of Qualifications in an electronic format, if you have any questions, please contact Management Assistant, Tracy Coenen at 952- 496 -0673 or tcoenen @ci.shakopee.mn.us [61.511 V 31 114 1 Interested firms must demonstrate an established record of design excellence in their Statement of Qualifications. Goals for the Shakopee Police Department include the following: • Well designed. • Durable. • A source of civic pride. • A positive addition to Shakopee's Marshall Road corridor_ • Flexible and functionally for efficient use of users and staff. • Designed to incorporate a second level and /or other additions. • Maintaining the $3 million dollar construction budget without reducing the police facility size of 23,500 square feet. In addition to design excellence, the following criteria will be used for screening and selection of an architectural team: 1. Interested firms must be able to demonstrate experience with buildings of similar complexity and scale. 2. Experienced with a public entity on projects of similar scale. 3. Record of building designs, which provide functional excellence. 4. Experience designing buildings into an existing setting. 5. Record of building designs which are sensitive to site context and regional context. 6. Record of building designs, which use natural light, and building materials effectively. 7. History of effective schedule and budget management for buildings of similar scale and budget. 8. Availability of sufficient qualified staff to the project throughout its development_ Interested firms must be able to demonstrate successful experience with public involvement in a project's design, should have experience working with staff at many levels in facility planning, and expect open community review throughout the Shakopee Police Department design phases. City of Shakopee staff will engage in community communications to plan and coordinate public involvement. 0 This is a two -step process. Written Statements of Qualifications will be due by 11:00 a.m. Monday March 5, 2001 to the City Administrator's Office, 129 South Holmes Street Shakopee, MN 55379. A letter will notify all submitting firms of those firms selected for participation in the second step. The letter will contain specific instructions for the second step. Ten (10) copies of the complete Statement of Qualifications must be received no later than 11:00 a.m. Monday March 5, 2001. Statements of Qualifications should be delivered to: Ms. Tracy J. Coenen, Management Assistant City of Shakopee 129 South Holmes Street Shakopee, MN 55379 ADDITIONAL INFORMATION Interested firms are encouraged to request additional information. Community information is available on Shakopee's web site at www.ci.shakopee.mn.us Specific questions regarding this announcement, and the Statements of Qualifications, should be directed to: Ms. Tracy J. Coenen, Management Assistant City of Shakopee 129 South Holmes Street Shakopee, MN 55379 952- 496 -9673, tcoenen @ci.shakopee.mn.us 5 MIN I M ' Memo to: Honorable Mayor and City Council Members W :2E! City Administrator From: Marvin Athmann, Fire Chief )92 T O Date: 01/29/01 Re: Self Contained Breathing Apparatus Introduction The 2001 Fire Dept. budget contains a line item of $20,000 for the purchase of Self Contained Breathing Apparatus (SCBA)- Bac kground - Self Contained Breathing Apparatus (SCBA) is a air pack that are wom by Fire Fighters to enter burning buildings. They allow Fire Fighters to breath in smoke filled environments. The Fire Dept. has received two quotes for SCBA packs with spare air cylinder and Alert system. They are: Clarey's Safety Equip., Inc- $3,291.00 Ed M. Feld Equipment Co., Inc. $3,275.00 Discussion Ed M Feld Equipment Co., Inc. has the lowest quoted price for the SCBA units. The Fire Dept. recommends the purchase of Five (5) SCBA packs with spare air cylinder and Alert system for the price of $16,375.00. Action Requested If the City Council concurs, they should, by motion authorize the purchase of Five (5) SCBA packs with spare cylinder and Alert System from Ed M. Feld Equipment Co., Inc. for the price of $16,375.00. Inquiry No Date t- a-? - 6 1 Terms Prices quoted are FOA... .. ---- Delivery -. Price -f:r- So q 4(/4- oG H,,s Ar � r PA,/< Q ! -, / 0 0 a (go A C44 � E J&/, S S' � �0 LJ ;L) 4 t Zq, C CQ v & o C#L ly LOCAL 1.507-269-6749 IN MINNESOTA 1-800-558-8009 OUT.OF-STATF- WATTS 1-800-624-5526 By TO'J 1WFiE %13AUS Sk3Z!Jtz013 wa 9T:ZT T0-2z-Nk�r FROM : RICKMCGonig1e— CLARIONN PHONE NO. : 5155322623 Tan. 29 2001 05 :22PM P1 FD M. FFLD EQUIPMENT CO, INC. 113 N. Griffith Road CARROLL, IOWA 51401 (712) 792 -3 143 • 800 -568 -2403 E - mail; feldf'ire@pionet.net • • A Q I I NEOTATION _ 5481 PLEASE INDICATE THE ABOVE FlUMBER WHEN ORDERING r! A TI f1N DATE SALESPERSON T 3 �µ t INQUIRY PATE INQUIRY NUMBER __j r , r r i ; c-0 1 i� L- 7 '' 1 i r `7 o-TAf ! - qSa A33 - 3 ,SS mm 3275 1 Ili �, 7,6- to "E ARE PLEASED TO SL;BMrr AHOV=E OL/OTA`rION FOR YOUR CDNSIDERATION. SHOULD YOU PLACE AN ORDER, BE ASSURED 1T VVII - RECEIVE OUR PROMPT ATTENTION. THIS QUOTATION !S S UBJE:"z T CTHE GOND11 IONS PRINTED ON REVERSE SIDE AND IS VALID FOR _ _ ........,1�4YS THEREAFTER iT IS SUBJECTTO CHANGE WI T TOUT NMOE. SY _.... -.__ ACCEPTED _ DATE, SIGN AND RETURN YELLOW ACCEPTANCE CORY WHEN ORDERING. � �l �� '(�6La72�i � -/Juj Is. c. 1. To: Mayor and City Council Mark McNeill, City Administrator From: Mark Themig, Facilities and Recreation Director Date: 1 February, 2001 Subject: Joint Powers Agreement for the Use of Facilities INTRODUCTION The City and Shakopee School District entered into an agreement in 1995 that outlined priority use of facilities for each organization. This agreement expired on November 30, 2000, but provided a clause that automatically renewed the agreement unless canceled or changed by each organization. City and School District representatives began meeting in October to discuss renewing the agreement. The attached document is the outcome of these discussions. BACKGROUND The proposed agreement continues the basic philosophy of providing priority access to activity space for each organization at no charge (except where noted). This relationship has been advantageous to both organizations by providing shared access to facilities. Without shared access, there would be a significant lack of activity space for both the City and the School District. In addition to City programs, several sports associations gain access to school facilities through this agreement. Therefore, we solicited input from these associations. Overall, the associations felt the agreement was a good concept. Their primary concern related to the quality of maintenance for school fields, as specified in the agreement. Several associations felt the School was not providing adequate resources to maintain their outdoor facilities. This concern was expressed during the revision process, and the School has committed to improving their outdoor field maintenance. The most significant change being proposed in this agreement is the implementation of an effort to begin to track costs associated with providing activity space. The goal in tracking costs is to gather data on expenses associated with hosting activities for each other. Some examples of the data that will be collected include the equipment and labor costs for the City to maintain School fields, and the staffing costs for the School to provide space for City activities. This data will be used when the agreement is reconsidered in 2002 to determine the equity in the provision of facilities. In addition to tracking costs, several other minor changes are being proposed: • Updated list of School and City facilities. • Clarification on the right to bump another user after contracts or permits are issued. • Removal of language associated with specific amount of ice rental. (The High School has historically exceeded this amount each year.) • Revised times that the School may have access to the Community Center. • Inclusion of hold harmless and ADA clauses, as requested by the School. • Establish that the agreement concludes on December 31, 2002. • Establish that the City and School will maintain records on labor costs associated with maintaining and operating facilities for each other's activities. • Revised School and City responsibilities associated with maintaining facilities. Two copies of the agreement are included: a copy with strike -outs, and copy with all changes as proposed. RECOMMENDATION Staff believes that this agreement is beneficial to both the City and the School District. The two -year period will provide both organizations a chance to thoroughly evaluate the current relationship, and determine the future direction of facility use. The Park and Recreation Advisory Board reviewed this agreement at their January 22, 2001 meeting, and moved unanimously to support the revisions as proposed. REQUESTED ACTION City Council is asked to review this agreement, and if so inclined, move to authorize approval of the Joint Powers Agreement for Use of City of Shakopee Facilities and ISD #720 Facilities, pending final review by the City Attorney. Mark Themig C--) Facilities and Recreation Director JOINT POWERS AGREEMENT FOR USE OF CITY OF SHAKOPEE FACILITIES 0 FACILITIES THIS AGREEMENT made and entered into this day of , 20 , 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, , 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, community education programs, and athletic programs; and WHEREAS, the CITY operates recreational facilities which will be made available to the SCHOOL at: Shakopee Community Center Riverview Park Stans Park Lions Park Tahpah Park Pheasant Run Park Memorial Park And future parks as developed. and; WHEREAS, SCHOOL operates educational and recreational facilities which will be made available to the CITY at: Shakopee Senior High School Central Family Center Shakopee Junior High School Pearson Elementary Sun Path Elementary Sweeney Elementary And future schools as developed. and; WHEREAS, the CITY and the SCHOOL each shall have secondary rights of refusal (priority scheduling) for the mutual use of the programs after the respective owner of each have scheduled their activities and curriculum; and WHEREAS, the CITY and the SCHOOL issue contracts and /or permits for use of the facilities under their jurisdiction, once contracts and /or permits for use are issued, changes to these contracts and /or permits will be negotiated as space is available. 14 Schedule changes from either organization will take priority over previously scheduled activities, unless the requested schedule change impacts a tournament. WHEREAS, that it is determined to be in the best interest of the citizens of the 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 activities 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. That 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 Community Center and SCHOOL 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 Community 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. 2. The Shakopee Ice Arena will be the home site for SCHOOL Boys and Girls Varsity and Jr. Varsity Hockey practice and games. Ice time rental payment will be based on the CITY's fee schedule. In the event the School District elects to eliminate the Boys and /or Girls High School Hockey programs, this item number shall become null and void. 3. The following schedule shall be considered as a guideline for the SCHOOL's use of the Community Center 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 School Varsity and Junior Varsity program time and will be billed at a ratebased on the CITY's fee scheduled. As a general guideline, the SCHOOL shall have access to Community Center space during the following times: Cheerleading Practice in Gymnastics Room As Needed 3:00 p.m. -5:30 p.m. Basketball in one -half of Gym As Needed 3:00 p.m. -6:00 p.m November - February Volleyball in one -half of Gym As Needed 3:00 p.m. -6:00 p.m. mid- September to October 2 Spring Athletics in one -half of Gym As Needed 3:00 p.m. -6:00 p.m. mid -March - mid -April Fitness Equipment and Indoor Track As Time and Space Permit 2:45 p.m. -4:30 p.m. Note: Under unique circumstances, additional facility use may be requested by the SCHOOL. Use will be allocated based on available time and space. 4. That it shall be the responsibility of the CITY to keep CITY 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. That the SCHOOL shall be named as additional insured party on said liability policy. That the SCHOOL shall be responsible for its personal property located within or on CITY facilities and SCHOOL shall also 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. 5. The CITY and SCHOOL mutually agree to provide liability insurance to protect and indemnify each other from any and all claims for injuries or damages occurred or incurred by virtue of the CITY or SCHOOL'S use of the facilities identified underthis Agreement, but in any event, shall provide for personal injury liability of not less than $1,000,000.00 per occurrence. 6, The CITY shall conduct their activities so as not to endanger any person lawfully thereon; and shall indemnify, save and hold harmless the SCHOOL and all of its officers, agents and employees from any and all claims, losses, injured, damages and liabilities to persons or property occasioned wholly or in part by the acts or omissions of the CITY, its agents, officers, employees, volunteers, patrons, or any persons associated with or served by the CITY. 7. The SCHOOL shall conduct their activities so as not to endanger any person lawfully thereon; and shall indemnify, save and hold harmless the CITY and all of its officers, agents and employees from any and all claims, losses, injured, damages and liabilities to persons or property occasioned wholly or in part by the acts or omissions of the SCHOOL, its agents, officers, employees, volunteers, patrons, or any persons associated with or served by the SCHOOL. 8. The CITY and SCHOOL agree to comply with the Americans With Disabilities Act and not to discriminate on the basis of disability in the admission or access to its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all services, programs, and activities. The CITY and SCHOOL agree to hold harmless and indemnify the each other from costs including but not limited to damages, attorney fees and staff time in any action or proceeding alleging a violation of the ADA for their respective facilities, programs, or services. 3 9. That while SCHOOL is using a portion of 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. That 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, that 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. 10. That while the CITY is using any of the SCHOOL facilities pursuant to the terms of this Agreement, CITY agrees to comply with the policies for use, operation and supervision of the facility as established by the SCHOOL. That 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, that 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. 11. This Agreement shallbe valid through December 31, 2002, and may be modified through mutual agreement or dissolved by written 90 -day notice by either party. The agreement shall automatically renew on an annual basis upon expiration of the initial term of the agreement, unless modified by mutual agreement or dissolved by written 90 -day notice by either party. 12. That it shall be the responsibility of the CITY to keep and maintain the Community Center and all other City facilities in a good order and repair except as otherwise provided in this agreement. 13. That 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. 14. The CITY and SCHOOL do hereby agree to the following facility maintenance and operation considerations: SCHOOL RESPONSIBILITIES: a. Maintain the Tennis Court surface, fencing and nets at the Junior High School. b. Install and remove wind screens from Tennis Courts at the Junior High School. c. Reimburse City for necessary material and supply costs associated with regrading and turf re- establishment of ballfields at the Junior High, Sr. High, Pearson, Sun Path and Sweeney, and the Jr. High Soccer Fields.. d. Share costs equally with the City for constructing soccer fields at the High 19 School. e. Reimburse 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 by August 1, 2001. g. Annually reimburse City for Ag Lime and clay placed on school fields. h. Reimburse City for any supply costs incurred as a result of relocating benches on school fields. i. Provide maintenance of all SCHOOL backstops as needed. CITY'S RESPONSIBILITIES: a. Annually provide restroom facilities at all City parks and school facilities with the exception of Vaughan Field between April 15th — October 15th. b. Drag ballfields on School and City property during baseball /softball season. C. The CITY will work in cooperation with the SCHOOL to install and remove wind screens from the tennis courts at Stans Park and the High School. The CITY and SCHOOL will provide staff to accomplish this. d. Provide necessary equipment and personnel to facilitate regrading and turf re- establishment of ballfields at the Junior High School, Sweeney Pearson, Sunpath, and the Junior High and Senior High soccer fields as needed. e. Annually deposit and grade ag lime on School fields. f. Annually trim sod around School infields. g. Relocate benches on School fields so safety fencing can be installed. 15. The CITY does hereby agree to allow the SCHOOL to schedule use of all 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. 16. 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. 5 17. 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 safety. 18. During the duration of this agreement, the CITY shall maintain records on labor and equipment costs associated with maintaining and operating facilities for SCHOOL activities that occur on or in CITY facilities. The SCHOOL shall also maintain records on labor and equipment costs associated with maintaining and operating facilities for CITY activities. 19. 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: R J OINT POWERS AGREEMENT FO CITY OF ' • F THIS AGREEMENT made and entered into this day of , 2 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 m6it; 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, coma e FL- education programs, and athletic programs; and WHEREAS, the CITY operates recreational facilities which will be made available to the SCHOOL at: Shakopee � 't . Center. Riverview Park Stans Park Lions Park Tahpah Park Pheasant Run Par': Memorial Park And future parrs as develoced WHEREAS, SCHOOL operates educational and recreational facilities which will be made available to the CITY at: Shakopee Senior High School Central u w per Shakopee Junior High School Pearson Elementary Sun Pats �� ;Elementary Sweeney Elementary And future schools as developed. and; WHEREAS, the CITY and the SCHOOL each shall have secondary rights of refusal (pr ority scheduling) for the mutual use of the programs after the respective owner of each have scheduled their activities and curriculum; and .'tom, ^% vt 4''J «''..'I ,.., , - - e S - `--` 00L 4- is �.,°.e �'cin ,.. .: Ige.. ,, k d D .ESe` the tl acs : r Lei �;i € r' sc ct9� rte C ;;act E °�, ve . s o e vs 1 c to th c o n trac t s e, is , - ii be neg. Iii ,!ted s sgac° l.vv cv l�Er C�c �rEo�or , oL. 4 E 6a.4 s¢e �. t.. V as '� S�S�`� a" v: ;, k .. v b�..� r <•. i 7 ; c. . y;� ta ke r n �.r -z '�,�.io c r; e o. aniza ai t it fake 'j ... i,.�. ove :.�, vl,.a., ,��..�.t�,a,. =: ctiMt tees ey C at ,C,, a, - 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 activities 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. That 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 orwithin the pCommu ity Center and SCHOOL 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 Co,tv 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. 2 . C a orlr a G i'Gayt :RIG ;,".;' : c ,� yr .4 t it r ' u r^t :(p GvMer# ^z,�, a, {. GZ `^^ice 1 '4' tf^"t T6p�•. �f�` E h e S �G - s^e{�' a if l h t ,0 .,^ r� a r - { T ' C7.` i CT ec L Tt"7"7 v s 4 `v J "v l.. v .+ e 1 ': :. c l ,t 1; t f 6 i E 4 �. i u "^ , i w t'�.. e v d SC Bovs arid GIFis tJ arsi y ...,ai -` :f �V ai sity .l.,v E;. D! C'CE Coo r� ^_ [ '' t3lme rer L ^ iG��ment �aY iu se he � �U frt vki iv i .. , , .l i,.. i r 'S 3. - � v 'P t PPrP Gf -, fury r^�p^'^_PR .G v ^ iv a.+ rf 9., i s a .er. uyr° v . � � � '-° y i ;: - v 0 'ma s G P — id G -GGT .° v e v .. v k't ib- �;A I Q v ^ °v I G ii "S .�i. p' G t -4-G G cv �rt F ., 9 n ` f.. T r . V o nv vv ° v. .v-.. �.e `.•.a. ivy. vvvv ev .ay.r w.. v . The f01icWi1"1,Q schedule shall be considered as a guideline for the SCHOOL's use of the Commu.nity Center 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 maybe reserved in addition to they Q School Varsity and Junior Varsity program time and will be billed at a rate -a � %used 3n .he CRT`''s fee scheduie . Ihi7GG, � "G ..., a r GPi i - •, n �,•, -, ^+ n r �,,> , ,.r = � �. s w. �-. F . i • 8 n � r , ��. ,.. 5 a {• f` �# ;,'\, i n s- s s r. x-�. a r z a' _rG GWG nr .e, G c^ �, .,.�.. G 4 a �E ,. QE € ,r��� -� �., `.ham ct q.,. n:. P"ciC quirdeIine, the -S�..700_ S have a to Community Center space du, tne rollcwinc� tries: W. -��. iLi'f [€ s i v�. i i .... t €i VG"i,vv t :.c.:vV'� J c �, a, Basketball in one -half of Gym :" 42Q 3:00 o.ry - - :00 r,.m November- February n Volleyball in one -half of Gym -=u - «we 6�. d ?: Q 4 :Q 3:0 0 _.i 6:00 0.rr. mid - September to October v=1v 1 �uSr ing, ..,leis in one -half of Gym 2 :` Q . m. -6 :00 m. mid -March - mid -April , -=e Ana S cact -`ei,. . '' ;° v, . Mote: Under uniaue circumstances, adgitEonal ERCEii use ma ate - eguested bv the SCHOOL. Ul se will be allocated uasec on, avaiPable 1 .imie and „Eoace. � That it shall be the responsibility of the CITY to keep u . �. .. ��- '.. <` c�ihtles 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. That the SCHOOL shall be named as additional insured party on said liability policy. That the SCHOOL shall be responsible for its personal property located within or on =_ Cllr- QEHii'_ C-4 e' tadRios p FGpG and SCHOOL shall also 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. 5. The CITY and SCHOOL mutually agree to provide liability insurance to protect and indemnify each other from any and all claims for injuries or damages occurred or incurred by virtue of the CITY or SCHOOL'S use of the facilities identified underthis Agreement, but in any event, shall provide for personal injury liability of not less than s!,000,0N0.00 per occurrence. T C.cT`! s3iaii conduct thlet" a' syities so as `.pct - L - c en d ancer y .Je�svi the €'eon - , ai^d shall inr.I ..n''ilrfy, save ands hoic a=iess a tn c officers, agents an d , eimQloyees f -o e ar, and a E cia:[ 1s, it ss- in t _.d e . L a € ages and R. a b� e o, s r c -� v o c ` e d to �. ,^ �-,. G r .,,, �.4 ., '.J Ei�s _,.. J'•..,.a r .?v - i v i.d, .,., v'.. ..� f t t.,'t,ca -€ } li .. t,v i � .r. .i! ;��f� ... ,j ... .. -�.vL� � "s omissions of the =Y, tts ....Qer ts, officers, emciovees, volunteers, cations, or any 4 l� °i'so ns associated `��vit ct served by the 1 1 - .7 Y. 7. The SCHOOL shall conduct their activities so a not �o ei rda eF anv oersci- :avvfu]IV thereon, and shall indemn save and r ok'd ess . e t v, officers, agents and employees s, o anv and ad.s ;'a ms .'csses in"i_,cec , v v a and iiabilities to De€"so s ci � y ecca io nG'u }J;t. ?'t' or in , ,ca""° -,_ ac_s OF cmissions of the SC. ,COL , it. officers i ,plc eS, yohuni e v= s gniv persons as sociated y €,t" of served c ! the CS4����iOO. e G d SCH OOL agree c_= D t i j �. T �-C € �! an Uv�u�'� ...�;. `�c vvkt..lt l` .ti^i to � rr:er�^aits l�tit and not to iscr i� r �inate or, ` L - hie basis of disabiEt ? .. t . e ; € iis'Sion or access to tts services, orowams, or activities. U con request, acccm mc ation k i :pie , rcy'1dec °: allow individuals with disabilities ":c oarticitca — Le. ,G. s icUs u activities. The C7Yand SCHOC ac "ee to i oC d ',es nit : dM li mit e d e nee c`trler .roril costs :€l�„ut,c�� tCi �"t!t UGC t[� t:t.,c'` CrJ �,aillac..,.,, te.�,,�;.-a ,`[„ st,.,. .ire u t v o[. .7, ,C a..!c.. ,fit., a '`4C €a.i � t e �..1. °z.,. _�r .�e" :iti'vv, ; D rogr amn s, r s F =ua! -es. 7-/ ; : ; - That while SCHOOL is using a portion of �'u v . v. 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. That 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, that 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. 8 0_ a sri vPV R G G ^ Wtc ti= i That while the CITY is using any of the SCHOOL facilities pursuant to the terms of this Agreement, 7 V a des -gin , v th the polices f _ o'.) ,rcatici a� �c '.^, °�� y1` i t " L,i 't,}':- e.�"�v.� ! ^•� €v'��J." :i t SC ',00L t i = C. Simi' an `o� tl v e yer rEs s ent, the employees and agents of the CITY shall be considered employees and agents of the CITY. Furthermore, that 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. 4 Gi ;e 4�7 This Agreement shall rin -1 n' G i G G;i -ncdif�e utual ZLi Z I U a',-�ree7e c: -'iszsclve'd agreement shall automatically renew on an annual basis upon expiration of the �nitiai term of the agre'ement, u n, less ified bv nnuzuai agi or C"�isso',ved by w, 90-day notice bv either jDaily. I a P Gf t�-Hs a-::G'eR;GRt �4 GG G aR- G'c ;: �,-CG7, G�F GG That it shall be the responsibility of the CITY to keep and maintain the Center and all other City facilities in a good order and repair except as otherwise provided in this agreement. 1, 3. That it shall be the responsibility of the SCHOOL to keep and maintain all School facilities in good order and repair except as other wise provided in this agreement. ' 4 The CITY and SCHOOL do hereby agree to the following facility maintenance and operation considerations: SCHOOL RESPONSIBILITIES: ,G G, 4G Piz; - R. V--LGG�' G ais G 47a. Maintain the Tennis Court surface, fencing and nets at the Junior High School. Install and remove wind screens from Tennis Courts at the Junior High School. —c- Reimburse City for necessary material and supply costs associated with and turf re- establishment of b fieids at the Junior High-t, Sr. High, Pearson, Sun Path and Sweeney an'd the- jr. i-iigh Scccei,' Fields, ir4 - 2 Q a 9 Q 7 G r- d. Share costs eguaily with 'he Cilv ` 8 Cho 0 h. e. Reimburse 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 Qg Aucust 1, 2001. 5 g. Annually reimburse City for Ag Lime and clay placed on school fields. h. Reimburse City for any supply costs incurred as a result of relocating benches on school fields. $. PIovild`, nnaEntv$anc° of all SCi - 100 1 - ba as CITY'S RESPONSIBILITIES: t GGG „, 'GG r. 47b. Annually provide restroom facilities at all City parks and school facilities with the exception of Vaughan Fiel between April 15 — October 15 Drag ballfields on School and City property during baseball /softball season. e. Provide necessary equipment and personnel to facilitate u €� and turf re- establishment c , is at the Junior High School, Sweeney ,; an th i e iC's iv Pearson ���r��� �t.� �t....�.�< IvE �� Wiz. Annually deposit and grade ag lime on School fields. -L. Annually trim sod around School infields. Relocate benches on School fields so safety fencing can be installed - 55. The CITY does hereby agree to allow the SCHOOL to schedule use of all 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. 4 6. 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. 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 safety. Q $' a $ `ice I t n fi i b. During e duration of tt� s aare�,.,i ent, t� e � . c I �� as t a re -c o a`o a i„ equipment costs associated with mainta; ninq and £wipe. at a f ac f or SCHOOL c ul.it[,� a. c ^C n ,. a `�° s Yi:v. `�— ,?�`�,. s f^en t ,.. €o- s that o ccur c r n tacit��! U 'v� � sc aint i cor sold .a c" and eC°u costs assodk a -: Y, its [':iaintai,nina and og a E kg 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: CITY OF SHAKOPEE Memorandum CONSENT TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Request of Westridge Bay Company by Darrel E. Gonyea for Extension of the Approval of the Preliminary Plat of Westridge Lake Estates MEETING DATE: February 6, 2001 Darrel Gonyea has made a request to extend the approval of the preliminary plat of Westridge Lake estates to January 15, 2002. A copy of Mr. Gonyea's December 6, 2000 letter setting forth the request is attached for the Council's information. In staffs conversations with Mr. Gonyea, it appears that the rationale for the additional request beyond what was approved in April of 2000 is that an extension to January 15, 2002 would be the last extension that would be needed to complete the process of processing a final plat for the third addition. 1. Approve the request to extend the preliminary plat approval of Westridge Lake Estates to January 15, 2002. 2_ Do not approve the request to extend the preliminary plat approval of Westridge Lake Estates to January 15, 2002. 3. Table the decision and request additional information from staff. Wsff t 1 Offer and approve a motion approving the request to extend the preliminary plat approval of Westridge Lake Estates to January 15, 2002. c R. Michael Leek Community Development Director gAcc\ 2001 \cc0206 \ppextwest1akeest.doc Westridge Bay Company 211 River Ridge Circle South, # 106 Burnsville, MN 55337 952 -882 -1112 December 6, 2000 Michael Leek City of Shakopee 129 South Holmes Street Shakopee, MN 55379 Dear Mr. Leek, GOO � As you are aware, in early 2000, the City Council approved a motion granting an extension for approval of the Westridge Lake Estates Preliminary Plat. I hereby request that the Shakopee City Council extend the Preliminary Plat expiration date to January 15, 2002. In the PUD process for Westridge Lake Estates, the phasing plan called for a series of 5 additions. Three years ago I developed Westridge Lake Estates Second Addition. There was a delay due to extensive tree damage on the peninsula. It is our present intention to present a final plat on the Third Addition sometime in the year 2001. Sincerely, �M OY By: Darrel E. Gonyea Its: President IS - . e o CI'T'Y OF SHAKOPEE Memorandum CONSENT TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Amendment to the Final Plat of Maple Trail Estates 3rd Addition MEETING DATE: February 6, 2001 The final plat of Maple Trail Estates Y Addition was approved by the Council on November 6, 2000. On January 16, 2001, the Council considered the request of Enterprise Properties to amend the final plat approval that would allow the staging of roadway improvements. Council also directed staff to prepare a resolution for their consideration on the consent agenda for the February 6 meeting. Accompanying this memorandum for the Council's consideration is Resolution No. 5481, approving the final plat with revised conditions. 1. Approve Resolution No. 5481 as presented. 2. Approve Resolution No. 5481 with revisions. 3. Do not approve Resolution No. 5481. 4. Table the decision and request additional information from staff. 0 0 t Offer Resolution No. 5481, a Resolution approving the Final Plat of Maple Trail Estates 3rd Addition with revised conditions. R. Michael ee Community Development Director g:\cc\2001\cc02O6\fpamdmapletrailsest3.doc SHAKOPEE, MINNESOTA, APPROVING A RESOLUTION OF THE CITY OF FINAL PLAT OF MAPLE TRAIL ESTATES r ADDITION WITH REVISED CONDITIONS WHEREAS, Enterprise Properties, LLP is the applicant and owner of said property; and WHEREAS, the property upon which the request is being made is legally described as follows: Outlot C, Maple Trail Estates I" Addition, according to record, Scott County, Minnesota; and WHEREAS, all notices of the public hearing for the Preliminary Plat were duly sent and posted and all persons appearing at the hearing have been given an opportunity to be heard thereon; and WHEREAS, on February 16, 2001 the City Council considered the request of Enterprise Properties, LLP to amend the approval to allow the staging of roadway construction; and WHEREAS, the City Council approved the request, and directed city staff to prepare a resolution approving the final plat of Maple Trail Estates 3r Addition with revised conditions. NOW, THEREFORE, E IT RESOLVED BY THE CITY COUNCIL. OF THE CITY OF SHAKOPEE, MINNESOTA, as follows: That the Final Plat of Maple Trail Estates 3r Addition is hereby approved subject to the following conditions: a) The following procedural actions must be completed prior to the recording of the Final Plat: i) Approval of title by the City Attorney. ii) Execution of the Developers Agreement for construction of required public improvements: a) Street lighting to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. b) Electrical system to be installed in accordance with the requirements of the Shakopee Public Utilities Commission. C) Installation of storm sewer system, and construction of streets in accordance with the requirements of the Design Criteria and Standard Specifications of the City of Shakopee. d) Street signs shall be constructed and installed by the City of Shakopee at a cost to the developer of $270 per sign pole. iii) The developer shall provide easements, as required by City Code. iv) The developer shall be responsible for the provision of security for the public improvements and payment of engineering review fees as required by the City's adopted Fee Schedule. v) Park dedication payments shall be required in the amount of $1,250. per unit. The payment of park dedication fees can be deferred until issuance of building permits. If deferred, payments shall be consistent with the City's adopted fee schedule in place at the time of building permit issuance. vi) Final Construction Plans and Specifications must be approved by the City Engineer for Maple Trail Estates 3rd Addition and for Leavitt Woods Lane and Maple Trail within Chateau Ridge. vii) Leavitt Woods Lane and Maple Trail must be constructed either before, or at the same time, as the streets within Maple Trail Estates Y Addition, with the exception that paving that portion of Maple Trail that connects Maple Trail 3` Addition and Chateau Ridge may be delayed up to twenty - four (24) months from completion of the Class V work on that roadway. The following additional conditions shall apply to the staged paving of Maple Trail; a) If the road is to be used for emergency access, it shall not be blocked off, but shall remain open at all times. b) As determined by the City Engineer, the developer, at their cost, shall complete any grading or dust control needed before the road is paved. C) An additional security of $5000.00 shall be provided to the City, to be used if the developer does not complete the required maintenance. d) No building permits will be issued for the lots within Chateau Ridge until the road is paved. viii) The applicant shall meet the conditions imposed on the preliminary plat for Maple Trail Estates. b) The following conditions shall apply after the recording of the Final Plat: i) The developer shall install all subdivision monumentation within one year from the date of recording the plat. At the end of the one -year period from recording of the Plat, the developer shall submit to the City Engineer written verification by a registered land surveyor that the required monuments have been installed throughout the plat. Monumentation may only be installed on a per lot basis at the time of building permit issuance with prior approval of the City Engineer. ii) Shall obtain approval for Individual Sewage Treatment Systems (ISTS) from Scott County. BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized and directed to execute said Plat and Developer's Agreement. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of , 2000. Mayor of the City of Shakopee 0-y am City Clerk CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Text amendment regarding building permits for fences MEETING DATE: February 6, 2001 l- • �; f U At its January 16, 2001 meeting, the Council tabled this matter, and directed staff to present it with alternatives. In further reviewing the matter, staff has learned that there is a provision of the Building Code (which has been adopted by reference by the City in Chapter 4 of the City Code) that requires a building permit for fences that exceed six (6) feet in height. Alternatives that are available to the Council include the following; 1. Amend City Code Sec. 4.03 to remove the requirement for all fences that are under 6 feet in height, but require building permits for fences over 6 feet in height per the Building Code; 2. Amend City Code Sec. 4.03 to remove the requirement for all fences that are under 6 feet in height, but continue to require conditional use permit (CUP) review and require building permits for fences over 6 feet in height per the Building Code; 3. Amend City Code Sec. 4.03 to require building permits only for boundary fences or fences over 6 feet in height; ALTERNATIVES: 1. Direct staff to prepare an ordinance amending City Code Chap. 4 consistent with one of the alternatives outlined above for action at the February 20, 2001 meeting. 2. Direct staff to prepare an ordinance amending City Code Chap. 4 based on other direction from Council for action at the February 20, 2001 meeting. 3. Do not amend City Code Chap. 4 as it relates to building permits for fences. 4. Table the matter to request additional information from staff. Offer and pass a motion consistent with Council's wishes. 0 R. Michael Leek Community Development Director i Aconun dev \cc\200 1 \cc0206 \t\t fences. doc MY OF SHAKOPEE Memorandum TO: FROM: SUBJECT: DATE: Mayor and City Council Mark McNeill, City Administrator Judith S. Cox, City Clerk Completion of Probation - Kristin Romeo February 1, 2001 INTRODUCTION: C 0 �Vuill S E I it City Council is asked to acknowledge the successful completion of the probationary period and grant regular part -time status to Kristin Romeo. BACKGROUND: Ms. Romeo started working for the City on July 24, 2000. She has performed the responsibilities of the receptionist position in a satisfactory manner over the past six months. Ms. Romeo was hired at Step 1 of the 2000 Pay Plan as a part -time receptionist working half days. As outlined in the staff memo and City Council action on July 18, 2000, she will move to Step 2 upon successful completion of the 6 -month probationary period. ALTERNATIVES: 1. Terminate Ms. Romeo's probationary status 2. Extend Ms. Romeo's probationary status another six months 3. Terminate Ms. Romeo's employment with the City RECOMMENDED ACTION: Move that Kristin Romeo has successfully completed the 6 -month probationary period and grant her regular part -time status as Receptionist effective January 24, 2001. � i / CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Completion of Probation - Kelly Schmitt DATE: February 1, 2001 INTRODUCTION: City Council is asked to acknowledge the successful completion of the probationary period and grant regular part -time status to Kelly Schmitt. BACKGROUND: Ms. Schmitt started working for the City on August 7, 2000. She has performed the responsibilities of the receptionist position in a satisfactory manner over the past six months. Ms. Schmitt was hired at Step 1 of the 2000 Pay Plan as a part - time receptionist working half days. As outlined in the staff memo and City Council action on July 18, 2000, she will move to Step 2 upon successful completion of the 6 -month probationary period. ALTERNATIVES: 1. Terminate Ms. Schmitt's probationary status 2. Extend Ms. Schmitt's probationary status another six months 3. Terminate Ms. Schmitt's employment with the City RECOMMENDED ACTION: Move that Kelly Schmitt has successfully completed the 6 -month probationary period and grant her regular part -time status as Receptionist effective February 7, 2001. j , �:f 15 a � 0 0, 1 Cie ` • ' Memorandum CO To: Honorable Mayor and City Council Members City Administrator From: Marvin Athinann Fire Chief Date: 01/15/01 Re: Hiring of Firefighters The Fire Dept. Hiring Committee reviewed the forwarded applications. The nine qualified applicants were interviewed and ranked on December 16, 2000. All nine were selected to continue to the next phase of the hiring process. The physical agility test, which involves basic firefighting skills, was administered on January 13, 2001. Six applicants responded and participated in the agility testing with six applicants successfully completing the test. The combination of the Scott County ratings, Oral interview and Physical agility testing resulted with the following ranking for the top five for the open positions: 1. Craig Nelson 2. Tom Hechsel 3. Jason Asper 4. John Fox 5. Ryan Yttreness The Department is requesting that the City Council hire five firefighters to fill the open positions. Approve the hiring of Craig Nelson, Tom Hechsel, Jason Asper, John Fox, and Ryan Yttreness as Shakopee Fire Fighters to a one-year probationary period. F / Is'. E, �- CITY OF SHAK Mem orandum CO To: Honorable Mayor, City Council Mark McNeill, City Administrator From: Dan Hughes, Chief of Police Date: January 31, 2001 Subject: Successful Completion of Probation The Police Department is taking this opportunity to notify the City Council that the services of Bridget Rettke have been satisfactory and recommend she be retained in the position of Police Officer as authorized by Section VIII, paragraph -4 of the Personnel Handbook. M - 11 1111111 The City Council authorized the appointment of Bridget Rettke to the position of probationary police officer effective January 10, 2000. Officer Rettke has performed the responsibilities of the position in a satisfactory manner over the past 12 months. Action Requested If Council concurs, they should, by motion acknowledge the satisfactory completion of probation and authorize the retention of Bridget Rettke as a Police Officer effective January 10, 2001. To: Mayor and City Council Mark McNeill, City Administrator From: Mark Themig, Facilities and Recreation Director Date: 1 February, 2001 Subject: Ice Arena Position INTRODUCTION City Council is asked to authorize staff to fill the vacancy in the Ice Arena Maintenance Operator position. BACKGROUND In 2000 City Council authorized the creation of an Ice Arena Maintenance Operator position to improve the arena operation. This position was initially filled in August of 2000, but is currently vacant. Since short -term and long -term maintenance of the arena is our most urgent issue, we would like to proceed with filling this position as it is currently structured. However, there are responsibilities associated with operating the arena that are not covered in the current position description, such as supervising the part -time arena staff, marketing the arena, scheduling ice, and billing. These are significant responsibilities that are currently being conducted by other staff in the department, in addition to their regular responsibilities. Once the position is filled, we will need to evaluate the overall arena operation and determine who should be performing these tasks. If the person selected for the Arena Maintenance Operator position has the skills, an adjustment in the responsibilities of this position (and associated pay) may be presented as part of the 2002 budget process. Ideally, we would prefer to use the eligibility list created through the recruitment process last year to fill this position. This list is approximately six months old. In the event that the candidates on this list are no longer available or interested in the position, we may need to advertise and conduct a formal recruitment process. A formal motion to appoint the selected candidate will be presented to Council at a subsequent meeting. REQUESTED ACTION If Council concurs, move to authorize staff to -fill the Ice Arena Maintenance Operator position at pay grade D of the 2001 pay plan ($30,560 - $38,200) by using the existing eligibility list, or if needed, advertising for the position. 1 �' J� 0, - �" /" `- Mark Themig Facilities and Recreation Director Memorandum , ��- N C i i` so`� E. , T TO: Honorable Mayor, City Council Mark McNeill, City Administrator FROM: Marilyn Remer, Payroll/Benefits Coordinator SUBJECT: Amend 2001 Part-time Pay Plan DATE: February 2, 2001 Introduction The Council is asked to amend Resolution No. 5459, a Resolution approving the City's 2001 Part-time Non -union Employees Pay Plan. Background Due to the 2001 school -year aquatics program transfer from Community Education to the City, changes to the aquatic program have been implemented to make our salaries and classifications comparable with Community Education's rates and positions. As a result of that employee transition process, the position of Water Safety Aid needs to be included in the part-time pay plan. Action Requested If the Council concurs, it should, by motion, adopt the following resolution: RESOLUTION NO. 5483 • F, 1 1 1 D191 1 19LVJ 9,4 %ZL9J , 1L1J - W R J UMM-M . • I;*, re, — willy I '• I i 1 I' YA U11 DKN I WAR memo t ' WHEREAS, on December 5, 2000, the City Council of the City of Shakopee, Minnesota, adopted Resolution No. 5459, approving the 2001 Part -Time Pay Plan for the part-time and seasonal non -union employees of the City of Shakopee; and WHEREAS, the city's park and recreation department has assumed the Community Education school -year aquatics program, therefore it is necessary to amend the part-time pay plan by adding the aquatic classification of Water Safety Aid to the 2001 Part-time Pay Plan. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, that the attached schedule of the 2001 Part-time Pay is hereby amended to include the classification of Water Safety Aid, Grade F. Adopted in session of the City of Shakopee, Minnesota, held this day of 5 2001. Mayor of the City of Shakopee ATTEST: City Clerk Amended 2/2/01 Start 6 months 1 year 2 years 3 years Title Grade Step 1 Step 2 Step 3 S tep 4 Step 5 Accountant M $13.6258 $14.0265 $14.4273 $15.2288 $16.0303 Engineering Inspector M $13.6258 $14.0265 $14.4273 $15.2288 $16.0303 Building Inspector M $13.6258 $14.0265 $14.4273 $15.2288 $16.0303 Snow Plow Operator M $13.6258 $14.0265 $14.4273 $15.2288 $16.0303 Recreation Instructors L $12.7821 $13.1581 $13.5340 $14.2859 $15.0378 Not Used K $11.9909 $123436 $12.6963 $13.4016 $14.1070 Not Used 1 $11.1997 $11.5292 $11.8586 $12.5174 $13.1762 Asst Aquatic Manager 1 $10.4995 $10.8083 $11.1171 $11.7348 $12.3524 Code Enforcement Officer H $9.7993 $10.0875 $10.3757 $10.9522 $11.5286 Recording Secretary H $9.7993 $10.0875 $10.3757 $10.9522 $11.5286 Office Clerical Worker H $9.7993 $10.0875 $10.3757 $10.9522 $11.5286 Water Safety Instructor H $9.7993 $10.0875 $10.3757 $10.9522 $11.5286 Building Supervisor H $9.7993 $10.0875 $10.3757 $10.9522 $11.5286 Arena Supervisor H $9.7993 $10.0875 $10.3757 $10.9522 $11.5286 Maintenance Laborer H $9.7993 $10.0875 $10.3757 $10.9522 $11.5286 Mechanics Helper H $9.7993 $10.0875 $10.3757 $10.9522 $11.5286 Engineering Intern H $9.7993 $10.0875 $10.3757 $10.9522 $11.5286 Student Intern G $9.1895 $9.4598 $9.7301 $10.2706 $10.8112 Lifeguard F $8.5797 $8.8321 $9.0844 $9.5891 $10.0938 Water Safety Aid F $8.5797 $8.8321 $9.0844 $9.5891 $10.0938 Recreation Leader F $8.5797 $8.8321 $9.0844 $9.5891 $10.0938 Unused E $8.0476 $8.2843 $8.5210 $8.9944 $9.4678 Rink Attendant C $7.0356 $7.2425 $7.4495 $7.8633 $8.2772 Recreation Asst. C $7.0356 $7.2425 $7.4495 $7.8633 $8.2772 Aquatics Assistant C $7.0356 $7.2425 $7.4495 $7.8633 $8.2772 Amended 2/2/01 CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Compensation and Classification Study DATE: February 1, 2001 FIZFWTI 1 1 The Council is asked to authorize staff to seek requests for proposals (RFP's) for services which would update the City's current position classifications and pay system. During the discussions for the FY 2001 Budget, the City Council was informed of the need to have the City's compensation system reviewed by a professional consultant to update the employee position classifications and review the pay plan. There are several positions for which the individual holding that position has assumed different job responsibilities from when they were hired, but for which the job title and pay have not changed. In some cases, promotions are possible, whereas in others they are not. In the past, the City has utilized the Stanton Survey as a resource to compare market and classifications; however, currently the City has 12 (28 %) positions for which there is no Stanton match. The City has a need to have reviewed existing job descriptions, and compare those to the job actually being performed. This will include part -time Community Center positions. This study may or may not include the review of bargaining units as determined by the City. The Council has also indicated a desire to look at the current pay plan's step system for pay, which is an issue separate from the "top salary" issues, which is the focus of pay equity. This would be a part of the study as well. The need is for the development and implementation of a compensation system that meets Federal/State Compensation Standards including Pay Equity (DOER). It is important for the City to have an up -to -date pay system so that it remains competitive in the market place, and to assure internal equity in its pay plan. Note that the RFP will seek to focus on review of existing job descriptions, their comparison to others in the Metropolitan area, and the step system. It is possible that once those basic issues are reviewed, there will be an opportunity to review other issues for which the Council has in the past expressed a desire, such as merit pay and other issues. The FY 2001 Budget provided $12,000 for a classification study. This amount was based on the experience of the City of Northfield when they did a similar study recently. Note that the budget did not contain additional dollars for major changes in the pay plan for 2001. The results of the study will recommend what changes might be needed; however, it is likely that any changes will need to be phased in over time. 1; U l►l l U 1: 1 I recommend that staff be directed to seek RFD's for a compensation and classification study. The results of those RFP's will be reviewed, and a recommendation for a consultant will forthcoming to the City Council at a future meeting. 1 / 1 If the Council concurs, it should, by motion, direct staff to seek RFP's for a compensation and classification study. r "Ul Mark McNeill City Administrator MM:th CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Nominations to Boards and Commissions DATE: January 31, 2001 INT RODUCTION: City Council is asked to make nominations to Boards and Commissions to fill expiring terms on February 6, 2001. BACKGROUND: Terms on various Boards and Commissions will be expiring on February 28, 2001. According to Council policy, it is appropriate to make nominations to Boards and Commissions at the February 6th City Council meeting. An Interview Committee will then interview the applicants and make recommendations to City Council for appointments at the February 20th meeting. (Councilmembers will be invited to vote by ballot prior to the start of the meeting on February 20th.) Some applicants have expressed interest in more than one Board or Commission. It has been past practice to nominate all applicants to the Boards and Commissions for which they have applied; however, that is not required. The number of terms that are expiring and the names from applications received to date are attached. Should additional applications be received prior to the City Council meeting on February 6th, they will be placed on the Council table. In order to inform the community that the City Council is seeking applicants for Boards and Commissions, the following actions, as outlined in the Guidelines for Boards and Commissions, were taken: 11 Three ads in the local newspaper 2] Notice on the cable television government channel 31 Notices on bulletin boards: City, County, SPUC, Public Library, and Marquette Bank 41 Letter to chairs of local organizations 51 Letter to incumbents eligible for reappointment Nominations to Boards and Commissions January 31, 2001 Page -2- RECOMMENDED ACTION: Move to make nominations to Boards and Commissions (as desired): 11 Planning Commission and Board of Adjustment and Appeals: Charley Kubler, Cal TenEyck, Mary Pennington -Hoyt, Mark Houser, Troy Ryan, Steve Menden 21 Shakopee Public Utilities Commission: Joan Lynch, Tim Williams 31 Police Civil Service Commission: Ron Ward, Mark Gustad, Todd Olness 41 Cable Communications Commission: Patricia Langdon 51 Cable Access Corporation: Patricia Langdon 61 Economic Development Advisory Committee: Charley Kubler, Joseph Helkamp, Jay Lyle 71 Park and Recreation Advisory Board: Peggy Dokka- Thorson, Russell Kennedy, Tim Williams, Jeff Reinhard, Joseph Klembarsky, Dan Vroman 8] Transit Commission: Tim Williams 91 Building Code BOAA & Housing Advisory and Appeal Board: Dave Limberg Cityt` Clerk i r I:Clerk /Jeanette /B &Cnominations Charley Kubler (1 Choice) Cal TenEyck Mary Pennington -Hoyt Mark Houser* Troy Ryan Steve Menden ` Opening Joan Lynch* Tim Williams (1 Choice) Ron Ward* Mark Custad Todd Olness Dan Vroman (2 Choice) CABLE COMMUNICATIONS COMMISSION — 2 Openings Patricia Langdon* Patricia Langdon* Charley Kubler (2 Choice) Joseph Helkamp Jay Lyle* PARK AND RECREATION ADVISORY BOARD — 2 Openings Peggy Dokka-Thorson Russell Kennedy Jeff Reinhard Tim Williams (3 Choice) Joseph Klembarsky Dan Vroman (1" Choice) Bosom Tim Williams (2 Choice) 11•1 1. MTIZ1 II-11. Dave Limberg* *Incumbent APPLICATION FOR REAPPOINTMENT TO A CITY OF •P ADVISORY C••'1 AND/OR COMMISSIO If you have previously completed an application for a board and/or commission, please complete this abbreviated application form and pledge for reappointment. Name A t-A, _,r � Address: o n Phone: (I) C (B) - Place of Employment: �c 'c.z E C- Board or Commission you wish to continue serving on: i" (a >2vtA Other Board or Commission you wish to be considered for: Signature Return application and pledge to: City Clerk City of Shakopee 129 South Holmes Street Shakopee, MN 55379 952 -233 -3800 /-- 25- Date Date Received: 1- %5z 6 - o f 3M COMPANY 555 EAST PLATO 651 736 6037 01131/01 09:24[j _02/03 NO:893 If you have previously completed an application for a board and/or commission, please complete this abbreviated application form and pledge for reappointment. Place of Employment: Board or Commission you wish to continue serving on: Other Board or Commission you wish to be considered for: IA - _ S _ rDate i Return application and pledge to: City Clerk City of Shakopee 129 South Holmes Street Shakopee, MN 55379 952- 233 -3800 Date Received: Z �-C I Nil • •� al ., •� . , • • i • If you have previously completed an application for a board and/or commission, please complete this abbreviated application form and pledge for reappointment. Name: U Address: — — — Phone: (H) Place of Employment: Board or Commission you wish to continue serving on: Other Board or Commission you wish to be considered for:_ (I '� 4"� Signatur Return application and pledge to: City Clerk City of Shakopee 129 South Holmes Street Shakopee, MN 55379 952 -233 -3800 s /zz d Z -- 4� / Date Date Received: 11- 3 - 0 f JAN.08'2001 09:37 612 550 7198 INTERMEDIATE DISTRICT 287 -5593 P.002 /003 C• - 1 1 If you have previously completed ai i application for a board and/or commission, pleasd complete this abbreviated application form ar d pledge for reappointment. N. In Other Board or Commission you Vlish to be considered for: Signatur Date Return application and pledge to: City Clerk City of Shakopee 129 South Holmes Street Shakopee, MN 55379 952- 233 -3800 a Date Received: 1 0 1 51 1 • • ,1 ki ll alya"I glixe • If you have previously completed an application for a board and/or commission, please complete this abbreviated application form and pledge for reappointment. Name: -�-� l C 1 Address: Phone: Place of Employment: — Board or Commission you wish to continue serving on: ki1 N Other Board or Commission you wish to be considered for: CG t.� Signature ) - ) T -h] Date Return application and pledge to: City Clerk Shako 129 South Hohnes Street Shakopee, NIN 55379 952 -233 -3800 Date Received: ;'_ � CX - 0 / CITY OF SHAKOPEE J BOAR 1 /OR COMMI Name: J 1EGF /�'l ✓ � �� Address: Phone:(H) How long have you been a Shakopee Resident? "t16 Occupation: Place of Employment: G = T� C�' Does your work require you to travel? (Check one) A great deal Periodically Very Little X, 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) ,0 Board or Commission in which you are interested? (If more than one, please indicate order of preference) /9 X ���� Please state briefly why you are interested in serving on this Board/Commission for which you are submitting an application: %`D� Gz7s�FC -mss f/��fti/ T�5 .LS T�fl -r< e-5 Gi U rTY 10�f��G' 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. d Name: �®'y( �i `�C-dt �—�-` r Address: Phone:(H) CW) - CITY OF SHAKOPEE How long have you been a Shakopee Resident? Occupation: /lie Q ytN °%Ye 2 Place of Employment /• 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 coulq use? (LIse a separat sheet if necessary) / / � � � iJ-( v2 X ,,, ✓ ✓ w /L�,/a.� e .L•-. of �, , c✓ e i •-t r�r 14 114 -e cZA G ,q.40 iahJ Board or Commission in which you are interested? (If more than one, please indicate order of 1- pJ�ren e) � (�C �7` � %L�'►.o.c� ��'c ",..'a°s 0-'7 Please state briefly why you are interested in serving on this Board/Co ission for which you are su fitting an a plication: d - �c w� �e c c ��v -c��o Gum �',a� - r.� L�i►� pp � VV Conflict of interest is defined as the p 'cipation 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. CITY OF SHAKOPEE FO R COUNCIIL ADVISOR BOARDS AND/OR COMMISSIONS Name: J0"5( 1 (Li 8A jC`'l Address: , Phone How long have you been a Shakopee Resident? Occupation: )L� 6CHa ®L tf��.. Place of Employment: C, 14 ��D� -� 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) �� �c � ✓� f� AS C� nlSi c LT A ,il r To /3 -A/67- I60 cgs i9SSit/ mew j6Q4/ -D _T -A14 yc ALSO A I / A IIJAC:ilc� �S Ca f}GH /mil o 6 uT S�0 am or Commission in which you are interested? (If more than one, please indicate order of preference) Please state briefly why you are interested in serving on this Board/Commission for which you are submitting an application: bj0L-LQ LI e&. Cn Mc dr�lo�2c /nj9i0�- �� Ail G/ Vj % /�51 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. CITY O F O. COUNCIEL AD VISORY BOARDS AN1 /OR COMMI Name: o. SPA � i � �L -KA�P Address: Phone:aD __ .. (W) - -- - How long have you been a Shakopee Resident? J g 9 Lo Occupation: Place of Employment: �TLH � -2 Does your work require you to travel? (Check one) C [ D9--q A^ eDAS 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) (21MIW � pr tb/'�- ©cJ� i 1��.�J dP 2R ► BU �� CT1r�iC �►F�E2t.a -Ei CG�� Board or Commission_ in which you are Lr terested? (If more than one, please indicate order of preference) Co ;JO J� C_ ��� G� [1P,�•L%.x t i k a7 V t Sb2y CcO'-�Mf Please state briefly why you are interested in serving on this Board/Commission for which you are submitting an application: TO l_�D-Xx -ro - 514 k cc7 x.fo NtN C E X PA 4 i o.AJ 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. CITY OF SHAK � RI Y.II MA 13MA0 1 I NEGLIM 105 1 19 1g= Address:, Phone:(1)_ (W) How long have you been a Shakopee Resident? /r `f� v//Ls Occupation: ' ���i 2 °�'�Q^ Place of Employment: Does your work require you to travel? (Check one) A great deal Periodically 2 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) Board or Commission in which you are interested? (If more than one, please indicate order of preference) Please state briefly why you are interested in serving on this Board/Commission for which you are submitting an application: 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. 3 f f � f i APPLICATION FOR COUNCIL ADVISORY BOARDS AND /OR COMMISSIONS Name: C �ctrte I�u�l� r—: Address: o How long have you been a Shakopee Resident? �o rn Occu ation: �CO j S� / CnvlrorlynEv��`t'al C O n " Lj'[ -aY� Does your work require you to travel? (Check one) A Qreat deal X Periodically Very Little None Do you have any special interests or training which you feel a particular board or commission could use? (Use a TW �14u--a/ rate sheet if necessary) Tn sr's course PIa n' nviroply i �aj r-,� ci s` TCtinintx !jerv� as Pr-esid �' �ancA Cb,ai of ll-me mb2s^ nFG�� C S� -C, ,r, S oco - �"1 �otolnPl'Y1Q,Yl� �� OYer$�gu� a ¢DO j D00•f- QFth ot.tA vea on 0CV CO m on mleP L� ni ✓ i� F u r5•e W o r- i n, Ur Cl�Y Board or mmissi in which you are preference) Plrinnina a MM — " s Pow 2 Please state briefly why you are interested in serving on this Board/Commission for which you are submitting an arnlication: ^ AA � I o A._A__ 1- -` ^.._ _ T__ .r.n I-�n enn P l to E�`cR.Q ass s••�o -�= r^^ ) iPCxr I iC °. G� -b Lo i w L +o 4.¢- C ;+\/ Conflict of interest is defined as the participation in any activity, re ommende action, or decision from which the individual has or could have the potential to receive personal gain, co -f�� whether it be direct or indirect. Co „ M "N mzvfie c► above. 11M.1°llul 1cll Pts fr;o.P Cowed APPLICATION FOR COUNCIL ADVISORY BOARDS AND/OR CONflvffSSIOj Name: / ���� Address: Phone:(H) - - - - How long have you been a Shakopee Resident? Occupation: Place of Employment: Does your work require you to travel? (Check one) A great deal Periodically Very Little None A Do you have any special interests or training which you feel a particular board or commission could use? (Use a separate sheet if necessary) Board or Commission in which you are interested? (If more than one, please indicate order of preferen Please state briefly why you are interested in serving on this Board/Commission for which you a re submitting an application: f� / <-�-� jj 7'1� G7- �-✓' c J t� d A tT "� C r �e, 1 T 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. ,., JAN -25 -2001 16 :03 CITY OF 1 ' APPLICATI t, . C OUNCIL ! BOARDS AND/OR COMNMIONS 952 445 6718 P.08i10 Occupation: t d U Place of Employment: S�'l 4" 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) iY1 Y�oN T gYtl�l b4y"m - fre►t7 S Work / Q W.Sh l eod, �yeecaj GOWps9^ , I ",@ w®0 'j- 4-D /°"Me3® R 4. Q Scolfe AVG'Cri -- �, — • ®s0 0-#' �,5 c"✓fe Te"<CO( I�fl4®Y/L�e A .. Board or Commission in which you are interested? Gf more than one, please indicate order of preference) a C- e ot, Please state briefly why you are interested in serving on this Board/Commission for which you are submitting an application: L L AMA A� , .A d o C64 el w � r, 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. 3 •. CITY OF •P • •' ADVISO • B OARDS A1 t COMMISSIO Name: &M" Address: Phone:(H) t How long have you been a Shakopee Resident? yZ e"5 Occupation: Place of Employment: 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) {� - 'r Aa C3 �,r�e �/�I^'� �'rS 7 Board or Commission in which you are interested? (If more than one, please indicate order of preference) Please state briefly why you are interested in serving on this Board/Commission for which you are submitting an application: rC�St * the �w I< + • �' k GP ('�c�t'�r�7vn �Ld�rfeS' � f �3 ��Stcle��, _ - 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. k&t CITY OF SHAK . • i I i Name: Phone:(H) _ - - - J How long have you been a Shakopee Resident? `-) AO-5 . occupation: H'- rt N-2, PI a �N C ?,' n Place of Employment: r 6 Does your work require you to travel? (Check one) A great deal Periodically Very Little one Do you have any special interests or training, which you feel a particular board or commission could use? (Use a separate sheet if necessary) AVD!V ,n�c�� ?1�jz�1 � t \! 11.t. �• �� I it r1 �1 t rl v--+.t C� ' <' / � : � 1� iL c n � ti Lfi ✓� G ruz,:7 / I S n �I V "U i r vt v 1 n L S r'1 l w n (.k G j c� C% S / 6��. ✓: r tGZ CL� Board or Commission in which you are interested? (If more than 'dne, please indicate orderofj� prefere ce) -�b Please state briefly why you are interested in serving on this Board/Commission for which you are submitting an application: I G v�1'.:'ne 1 �2, onflict interest is defined as the participation in any activity, recorrf vended action, or decision from which the individual has or could have the potential to receive personal gain, whether it be direct or indirect. f t ` < C h , \sl d S L r< ri ' J I ,� - � A. � 4, v., ��5 c `� � - J dl, x CITY OF SHAK . 1 1 tAKOL813101 e Name: —rp-o. �� G Address: Phone:(I1) , , How long have you been a Shakopee Resident? dc 7 Occupation: C, ? O.K7 4 4 C f `' v Place of Employment: c1i(d'pr Does your work require you to travel? (Check one) A g reat deal Periodically Very Little V" None Board or Commission in which you are interested? Of more than one, please indicate order of preference) i i/I CC/1 Ssi�° 130aI v- A- -"�If Do you have any special interests or training, which you feel a particular board or commission co d use? Use a se arate sheet if necessary) / C d� � c F l o ��c % /��P iv vii 4v m a ei ��' ��� p 6� d e�' C, r sI( s o h(/ Please state briefly why you are interested in serving on this Board/Commission for which you are u tting an application: 'tom I t V) rr i �� , Conflict of interest is defined as the participation in any activity, recommended action, or L p; decision from which the individual has or could have the potential to receive personal gain, whether it be direct or indirect. Name: Mar K G L -5 �A Address:. - Phone:(H) - — ` (W) How long have you been a Shakopee Resident g �Z 2 r- Occupation: Place of Employment: era , , Does your work require you to travel? (Check one) A great deal Periodically L Very Little None Do you have any special interests or training, which you feel a particular board or commission could use? (Use a separate she if necessary) Board or Commission in which you are interested? (If more than one, please indicate order of preference) Please state briefly why you are interested in serving on this Board/Commission for which you are submitting an application: 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. Gustad CITY OF SHAKOPEE APPLICATION FOR COUNCIL ADVISORY BOARDSS AND /OR CONMSSIONS Q: Do you have any special interests or training, which you feel a particular board or commission could use? A: Yes, I am a Police Officer for the City of Eden Prairie and have been so employed for the last seven years. I would have a good prospective on police department policies and procedures. I have also been involved with the hiring process and training police officers for the City of Eden Prairie. Training and involvement with the hiring of police officers has been one of the most rewarding aspects I have been involved in as a police officer. Q: Board or Commission in which you are interested? A: I am interested in the Police Civil Service Commission. Q: Please state briefly why you are interested in serving on this Board/Commission for which you are submitting an application: A: I place a great deal of importance on the role of public safety in a community. I believe one of the most important services any city provides is that of public safety and service to it citizens. I would like to see the best possible people employed to service the community in which my family and I call our hometown. Typically, a police department will take a large share of the city's operating budget and hence decisions regarding employees need to be made carefully. A quality employee is the best a city can give to the citizens. Finally, I have no conflict of interest in regard to my possible participation on this Commission. CITY OF SEEAKOPEE ASOR R I IN "'I IR-10 MKI10 I a I "'I t I A9 im Name: Address: Phone:(H) How long have you been a Shakopee Resident? /� 1 l 7 Occupation: Place of Employmen Does your work require you to travel? (Check one) / A great deal Periodically Very Little L" 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) Board or Commission in which you are interested? (if more than one, please indicate order of prAerence) A Please state briefly why you are interested in serving on this Board/Commission for which you are submitting an application: I, Sep 11 �''he 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. Mary Pennington -Hoyt Ito you have any special interests or training, which you feel a particular board or - commission could use? Currently I hold the position of Project Manager in the Capital Planning and Project Management Department of Dakota County. My experience in the planning, design and construction elements within the commercial industry will provide the Board with options that perhaps may not have been otherwise considered. While I am not an expert regarding the zoning ordinances of the city, I believe my experience and education within the industry will assist other board members in making informed decisions regarding the future of the City of Shakopee. Please state briefly while you are interested in serving on this Board /Commission for which you are applying: I feel a deep conviction to help the community and my fellow neighbors' plan for the growth that is inevitable in this prosperous area. I feel my talents in both the professional and personal realms of society will encourage others in the community to voice their opinions and perhaps give more insight with the needs of the residents. APPLICATION FOR COUNCIL ADVISORY BOARDS AND /OR COMMISSIONS Name: o ( ✓1e SS Address: Phone:(H) - - (B - How long have you been a Shakopee Resident? ' T-Z3 -99 Occupatio rMti w, 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) Board or Commission in which you are interested? (If more than one, please indicate order of vllCe C iVr� +Tul'l'e �iM6Lt(SSr Please state briefly why you are interested in serving on this Board/Commission for which you are submitting an application: c" \'6A z - 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. Supplemental Application Page APPLICATION COUNCIL O. • For TODD P. OLNESS Do you have any special interests or training which you feel a particular hoard or commission could use? Police Civil Service Commission — my professional experience and training focus on human resources policies generally and on public- sector compensation plans and issues specifically. Since 1996, I have served as a Consultant with Stanton Group, a compensation and benefits administration company. In this capacity, I manage public- sector consulting projects that generally entail the following steps: • Meeting with city councils and department heads to plan project details and review project results • Job analysis with employees and supervisors • Job evaluation to meet mandated State of Minnesota Pay Equity guidelines • Labor market analysis to meet competitive conditions • Pay plan design and budget • Communication with employee groups Prior to joining Stanton Group, I served as a human resources manager in the Twin Cities. My duties focused on compensation, employee relations, and recruitment. I worked in the Personnel Department at the City of St. Louis Park during my Master's studies (199 1) and was certified in mediation/conflict resolution by the State of Minnesota in 1994. Please state hriefly why you are interested in serving on this Board/Commission for which you are submitting an application: With an attitude of service, concerned and knowledgeable volunteers can support the City and its Police Civil Service Commission. I have a great appreciation for the vital work a police department performs. A Police Officer's work comes with a terrific responsibility: to serve the city and its citizens with integrity and professionalism. Membership on the Commission offers a singular opportunity to be involved in an officer's employment relationship with the City of Shakopee. In serving on the Commission, Shakopee residents have a positive impact on that relationship and their community. CITY OF SHAKOPEE TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Temporary Liquor Licenses - Church of St. Mary DATE: January 31, 2001 Uiu The Church of St. Mary has made applications for temporary on -sale intoxicating liquor licenses for their Irish Dinner on March 11, 2001 and for their Feast and Fun Festival on June 24, 2001. I have been in contact with the Chief of Police regarding these applications. These events are something that have been going on for a number of years. There is no problem with these activities. Their applications and insurance certificates are in order. Move to approve the applications and grant temporary on -sale liquor licenses to the Church of St. Mary, 535 South Lewis Street, for March 11, 2001 and June 24, 2001. City Clerk i\j eanetteViquor \stmary a CITE' OF SHAKOPEE TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Temporary Liquor Licenses - Church of St. Mark DATE: January 31, 2001 The Church of St. Mark has made applications for temporary on -sale intoxicating liquor licenses for February 17, 2001 and July 28 and 29, 2001. They desire to be able to provide wine during their Winterfest on February 17th and beer and wine coolers during their Julifest on July 28th and 29th. I have been in contact with the Chief of Police regarding these applications. These events are something that have been going on for a number of years. There is no problem with these activities. Their applications and insurance certificates are in order. Move to approve the applications and grant temporary on -sale liquor licenses to the Church of St. Mark, 350 South Atwood Street, for February 17, 2001 and July 28 and 29, 2001. City Clerk L jeanette /liquor /stmazk a.. T®: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk SUBJECT: Tattoo License for Joshua Arment DATE: January 31, 2001 lam® City Council is asked to consider the application of Joshua Arment for a Tattoo License. Mr. Arment has applied for a Tattoo License to work for Linda Malone at her business known as Body Art located at 205 South Lewis Street. Since her initial Tattoo License was issued in 1994, Ms. Malone has hired additional employees to also practice tattooing at her establishment. A background investigation was conducted by the Police Department. Nothing in the applicant's background was found to preclude him from being licensed. The certificate of insurance does cover Mr. Arment. 1. Approve the application for a tattoo license for Joshua Arment. 2. Deny the application for a tattoo license for Joshua Arment. 3. Table the application for additional information. Approve the application and grant a Tattoo License to Joshua Arment, Body Art, 205 South Lewis Street. d f • f 4 JSC /j s [i Alicense4attoo.mem] Shakopee Police Department Memo To: Judy Cox, City Clerk From: Detective Schrot Re: Tattoo license Date: January 31, 2001 Joshua Arment has applied for a tattoo license in the City of Shakopee. I have completed the necessary background investigation. I have found nothing that would preclude Arment for licensure. I would like to note however, Arment did apply for this license in August of 2000. At that time there was additional information needed for the background investigation. I could not contact Arment with the information given. I spoke with business owner Linda Malone and advised her I needed more information from Arment. She stated she would contact him and have him call me. I did not hear from Arment until late Novmeber 2000. Arment was working for Malone without a license up to that point. 1 CITY OF SHAKOPEE llfemnrandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Council Workshop DATE: February 1, 2001 The Council is asked to call for a workshop to be held on March 27 L • ► _� 11 �`1►11�1 Staff is aware of a need to schedule a workshop to discuss several items which do not fit easily within the parameters of a regular Council meeting. Those issues are: A desire by the Shakopee Mdewakanton Sioux Community to present an economic impact study that has been performed for them by the Arthur Anderson Group. 2. A request from the Shakopee Fire Department Pension Board to discuss pension contributions by the City. (It is possible that this may be more appropriate for budget discussions.) A request for the Council to hold a joint meeting with the Shakopee Park and Recreation Advisory Board. They would like to discuss: • Fitness equipment enhancements at the Community Center. • Acquisition of parkland outside of the MUSA. • Funding options and future park development and improvements projects. • City /Athletic Association relationships. Normally, workshops are held from 5:00 until 7:00 PM. We anticipate that the first two items listed above could take one -half hour each if they are both discussed; the Park and Rec Advisory Board joint would therefore be limited to an hour. However, it is unlikely that the PRAB discussion can be completed in that amount of time. Attached is a calendar of March and April; we suggest that Tuesday, March 27 would be appropriate. I recommend that a workshop be scheduled for Tuesday, March 27', to begin at 5:00 PM. If that date does not work, the Council should suggest alternative dates. If the Council concurs, it should, by motion, direct that a workshop meeting be scheduled for Tuesday, March 27`, to begin at 5:00 PM. r Mark McNeill City Administrator u1�T&�i i1 2 I�- Ln 14 N:. N.. M i t O � Q . > 4 �: nt O �r� -1N tf H�rv: A •C : LL U. fVO�.w-mm O V m 00 Lr) ON V � m tR C-mN: E CC fu � m i C I.v CL O. O M C O Ln .; O CL O i? M i� CD N' m m C C N N N N • U C C 7 o O ul U `U Sw CJ o 0 C) CD d�i O U co .= a n a Lo U) V) E E n 0. C o 0 p p o Ln Ln 2 I�- O N N C IL V.:Icon }- co0r,"tiin. o U) 0 N 3.NO1tOM0:� t-: HW"NN. I,. Ln N"N ra U. iL IDMNN ti C i N }�: ��•g901A I .� I.. ,_ �.•1N CL a N01%l;Nr='1.' O Ln E 01 Ul:. -t cO.yynN N ': E C c O u c n C C CIO (9 n. F= Q a O O O M n � O N w U � aI m CL O M m • O • N m C C C 7 +U !W U 0 0 0 ..M "O AdMMk pa U IL C Lo N U) Ig a CL 0 CD O p O O Ln O N N C Is F L CITY OF SHAKOPEE MV mnrandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Youth Building Repairs DATE: February 1, 2001 "Ztv .t1711iL I Oleg The Council is asked to authorize expenditures for repair of the Community Youth Building (log building) in Lions Park. The Council has been made aware previously of problems with the Youth Building, which caused the need to authorize architectural services for repair. City staff, and particularly the Public Works division has been working closely with Architect Jack Anderson to fix the problems. Public Works Supervisor Mike Hullander and his crew have been at work doing much of the work themselves, and are also obtaining quotes for various heating, plumbing, and electrical changes. In essence, Public Works is acting as the general contractor. As a result of that, the total cost to make significant repairs should be significantly reduced from what had been anticipated. The initial estimate by JEA Architects was that if all of the work was bid out, repairs would be in the $210,000 to $250,000 range. Because of the involvement of Public Works, the total cost may be one -half of that, or less. Quotes have been or are being obtained for various services to be contracted (electrical, plumbing, heating, etc). Multiple quotes will be obtained for those services in accordance with City policy. Public Works will be providing the labor to construct changes to the kitchen, bathroom, provide new floor surface, and make the building airtight. Future work, either to be done in -house or contracted out, would include such things as re- roofing. By doing a greater portion of the work in- house, it may also reduce architectural costs. Funding for this project was identified in the CIP portion of the budget ($266,000, which included architectural services). However, there was nothing provided in the operating budget for this. Therefore, a budget amendment will be necessary. However, this is to come from the building fund, so there is no impact on the general fund portion of the budget. I recommend that the Council authorize proceeding with the repairs, to be performed by or coordinated through the Public Works division, at a total cost not to exceed $100,000 without further authorization from the City Council. (Periodic status reports will be provided). In addition, I recommend that the single expenditure per supplier be increased to $10,000, from the standard $5,000 amount, without going back to the City Council for additional authorization. Competitive quotes will be obtained for these services. Finally, a budget amendment will be needed when total costs are known. If the Council concurs, it should, by motion, authorize the following: 1. Authorize Public Works to provide for repair, remodeling, and construction services for a total construction budget cost not to exceed $100,000. 2. Authorize the per supplier expenditure without other Council authorization, to be increased from $5,000 to $10,000, as long as standard procedures are followed for the obtaining of competitive quotes. That a budget amendment be made upon receipt of final expenditure. v �PLJLU Mark McNeill City Administrator MM:th CC: Mark McQuillan Mark Themig Pinky Hullander Gregg Voxland 1 . CITY OF SAKOPEE Memorandum TO: Mayor and Council Mark McNeill, City Administrator FROM: Gregg Voxland, Finance Director SUBJ: Special Assessment Abatement DATE: January 12, 2001 Introduction & Background Approval of the application for abatement of all special assessments needs Council approval in order to correct the special assessment records. These properties are owned by the State, which does not pay special assessments and therefore are not collectable. Total remaining balance being written off is $853.05. Action Move to abate special assessments on the following parcels: Original Assessment $431.25 431.25 525.00 318.75 a Gr�egg:- Voxl and Finance Director C- \gregg \memo \abate8 Parcel Code 27- 047005 -0 27096 27- 047006 -0 27096 27- 047007 -0 27096 27- 047011 -0 27096 Original Assessment $431.25 431.25 525.00 318.75 a Gr�egg:- Voxl and Finance Director C- \gregg \memo \abate8 l5 . F �, CITE' OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Murphy's Landing Fire Discussion DATE: February 2, 2001 The purpose of this memorandum is to provide the City Council with an update on the fire clean up at Murphy's Landing, and information on the fire insurance. 1 1 On January 17 a fire destroyed much of the main building at Murphy's Landing, containing the Administrative offices, a retail store, restaurant, a storage area, and six apartments. A final one -fourth of that structure which sustained less damage contains a foundry business. City staff has since been working with Murphy's Landing staff to stabilize the situation. The site has been secured, and a preliminary estimate for demolition services indicate that it is likely that demolition alone will exceed $50,000 and therefore the City would be required to go through the formal bidding process, if the demolition and clean up was to be the responsibility of the City. In addition, there is also a need to do environmental testing to determine how much asbestos remains in the fire damaged area, for which abatement services would be needed. Also unknown at this time is what will be done with the foundry building. It is likely that the cost to demolish the foundry building and abate any environmental issues may have an impact on the decision about whether to demolish the foundry building. Therefore, it is likely that that work will be treated as an "add alternate" for the bids taken. 1 1 There are several issues which need to be examined: Insurance — The lease between the City and Minnesota Valley Restoration Project details the insurance coverages that are required. As shown in Section 16 ( c ), as less than 50% of the total improvements on the premises was destroyed by fire, it is the responsibility of the tenant (Murphy's Landing) to repair and restore the premises to the condition under which they were first leased from the City. The source of funding for demolition work will come from the insurance proceeds, for which Murphy's Landing is listed as the "loss payee ". It appears that the cash value of insurance will be $288,000. Therefore, after demolition and asbestos activities are completed, Murphy's Landing would be left with the remainder if the insurance proceeds to construct a building comparable to what had been destroyed. If, however, the City is not desirous of replacing the building, the City would likely be entitled to any remaining proceeds after demolition and environmental work is completed. It is suggested, however, that no decision be made on the reconstruction of a building containing at least an administration area and restaurant, until after the Hennepin Parks strategic planning action is completed. Reconstruction — As stated previously, Murphy's Landing would be obligated under the lease to reconstruct the building. However, with the anticipated Hennepin Parks involvement, the building may not need to be reconstructed at this time. A decision should be made involving the City, Murphy's Landing, and Hennepin Parks on that. In addition, a decision will need to be made regarding the foundry building, and whether that should remain as a stand -alone building (likely necessitating restorative work on the east side adjacent to the fire damage), or whether it should be completely removed. Demolition Contract — If the City provides for the demolition contract, the legal requirements for competitive bids (in addition to competitive quotes for demolition and environmental design services) would need to be followed. If, however, Murphy's Landing does the work, no such requirements would need to be followed. Under the lease agreement, it appears that it is the responsibility of Murphy's Landing. Therefore, while City staff will assist Murphy's Landing in any manner possible, Murphy's Landing staff will be responsible for demolition and environmental survey and abatement activities. The work may therefore be negotiated, saving much time. The purpose of this memorandum is to advise the City Council of issues which will need to be debated. If there is a question, the Council should so advise. Otherwise, we will proceed with the assumption that Murphy's Landing should proceed as soon as possible to provide for demolition activities. Mark McNeill City Administrator 1 \ /i1 cc: Dennis Kelly �xcz o -aS e, w 1 U J41, J1 jq I 15. Waiver of Subrogation Landlord waives its right of subrogation for damage to the improvements located on the Premises, contents therein, loss of use thereof, and/or loss of income, up to the amount of the insurance proceeds collected; and Tenant waives its right of subrogation for damage to property in the Premises, loss of use thereof, loss of income and accounts receivable. Landlord and Tenant agree to notify their respective insurance companies, in writing, of the provisions of this paragraph, and in the event either party cannot waive its subrogation rights, such party shall notify immediately the other parry of the fact, in writing, so that the other parry can consider obtaining necessary insurance coverage to insure against possible subrogation actions by the other party's insurance carrier. 16. Damage by Fire or Other Casualty. (a) During the Initial Term of this Lease or any extension or renewal thereof, in the event any damage or destruction to the improvements located on the Premises destroys in excess of fifty percent (50 %) of the replacement cost of the improvements located on the Premises, then Tenant may elect to terminate the Lease as of the date of such casualty by giving Landlord thirty (30) days written notice, which thirty days shall be measured from The date on which the event of damage or destruction occurred. (b) In the event Tenant terminates the Lease pursuant to this Section as a result of an event of destruction which occurs during the Initial Term, Tenant, at its own cost and expense, shall restore the Premises to a condition reasonably similar to the condition which existed prior to the commencement of this Lease. In the event Tenant terminates the Lease pursuant to this Section as a result of an event of destruction which occurs during any extension or renewal of the Initial Term, Tenant shall have no obligation to restore the Premises to the condition which existed prior to the commencement of the Lease, nor shall Tenant have any obligations to pay the cost of such restoration. (c) During the Initial Term of this Lease or any extension or renewal thereof, in the event any damage or destruction to the improvements located on the Premises destroys less than or equal to fifty percent (50 %) of the replacement cost of such improvements and all fixtures, furniture, equipment and all personal property located in or used in connection with the Premises, then within a reasonable period of time following such destruction Tenant shall repair and restore the Premises and all fixtures, furniture, equipment and all personal property located therein. All insurance proceeds paid pursuant to the policy of insurance required by Section 13(a)(i) of this Lease shall be applied to the cost of such restoration. 17. Mechanics Liens Tenant shall pay timely for labor and material furnished to Tenant or claimed to have been furnished to Tenant in connection with work of any character performed or claimed to have been performed on the Premises, at the direction or with the actual MEBB Doc. No. 112428- 3;October 8, 1997 (4:10pm) 7 M CITY OF SHAKOPEE Memorandum TO: Mayor and City Council FROM: Mark McNeill, City Administrator SUBJECT: Closed Session — February 6, 2001 DATE: February 2, 2001 Following the regular portion of the February 6 City Council meeting, the Council will be asked to go to closed session to discuss labor issues. Mark McNeill City Administrator MMAh